HomeMy WebLinkAboutContracts & Agreements_70-2009_CCv0001.pdf AGREEMENT FOR THE PROVISION OF DESIGN ENGINEERING SERVICES FOR THE
CITY OF REDLANDS' SUPERVISORY CONTROL AND DATA ACQUISITION(SCADA)
PROJECT FOR THE CITY'S WATER SYSTEM
This agreement for the provision of design engineering services for the City of Redlands'
Supervisory Control and Data Acquisition (SCADA) Project for the City's water system
("Agreement") is made and entered into this 5th day of May, 2009 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and TESCO Controls, Inc.
("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party"and,
together, as the "Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform design engineering services for the SCADA
Project for the City's water system (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services which Consultant shall perform are more particularly described in Exhibit"A,"
entitled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act, the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Michael Pool as City's representative with respect to performance of the
Services, and such person shall have the authority to transmit instructions, receive
information,interpret and define City's policies and decisions with respect to performance of
the Services.
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ARTICLE 4- PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Exhibit "B," entitled "Project Schedule."
4.2 At any time during the term of this Agreement, City may request that Consultant perform
Extra Services. As used herein, "Extra Services" means any work which is determined
necessary by City for the proper completion of the project or work for which the Services are
being performed,but which the Parties did not reasonably anticipate would be necessary at
the time of execution of this Agreement. Provided the Extra Services do not exceed twenty
percent(20%) of the compensation to be paid by City to Consultant for the Services, such
Extra Services may be agreed to by the Parties by written amendment to this Agreement,
executed by City's City Manager. Consultant shall not perform, nor be compensated for,
Extra Services without such written authorization from City.
ARTICLE 5 -PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Seven Hundred Thirty Nine Thousand Fifty Dollars ($739,050). City shall pay
Consultant on a time and materials basis up to the not to exceed amount, in accordance with
Exhibit"C"entitled"Project Costs,"and based upon the hourly rates shown in Exhibit"D,"
entitled"Rate Schedule." Both Exhibits"C"and"D"are attached hereto and incorporated
herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the services performed during
the preceding month. Consultant's invoices shall include a brief description of the Services
performed,the dates the Services were performed,the number of hours spent and by whom,
and a description of reimbursable expenses, if any. City shall pay Consultant no later than
thirty(30)days after receipt and approval by City of Consultant's invoice,provided(1)the
Services reflected in the invoice were performed to the reasonable satisfaction of City in
accordance with the terms of this Agreement, (2) that the number of hours of Services set
forth in the invoice reflects the amount of time ordinarily expended for such Services by
members of the profession currently practicing in the same locality under similar conditions,
and (3)that all expenses, rates and other information set forth in the invoice are consistent
with the terms and conditions of the Agreement.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
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City Consultant
Michael Pool Jerry Horst
Municipal Utilities and Engineering Dept. National Sales Manager
City of Redlands TESCO Controls, Inc.
35 Cajon Street, Suite 15A 4201.5 Remington Avenue, Suite 102
PO Box 3005 (mailing) Temecula, CA 92590
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are to
be given by giving notice pursuant to this section 5.3.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Insurance; generally. All insurance required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not perform
any Services unless and until all required insurance Listed below is obtained by Consultant.
Consultant shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. All insurance policies shall include
a provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain
Worker's Compensation and Employer's Liability insurance throughout the duration of its
performance of the Services in accordance with the laws of the State of California,with an
insurance carrier acceptable to City.
6.3 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless
City and its elected officials, employees and agents from and against any and all claims,
losses or liability, including attorneys' fees, arising from injury or death to persons or
damage to property occasioned by Consultant's and its officers',employees' and agents' sole
negligent acts or omissions in performing the Services.
6.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the term of this Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured. Such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the term of this Agreement in the amount of One Million Dollars
($1,000,000) per claim made.
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6.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of One Million Dollars($1,004,000)per occurrence,combined single
limit for bodily injury liability and property damage liability.This coverage shall include all
Consultant owned vehicles used in connection with Consultant's provision of the Services,
hired and non-owned vehicles,and employee non-ownership vehicles. City shall be named
as an additional insured. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City.
ARTICLE 7 - CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any
real property that may be the subject of the Services performed pursuant to this Agreement
or any other source of income, interest in real property or investment which would be
affected in any manner or degree by the performance of Consultant's Services. Consultant
further covenants and represents that in the performance of its duties hereunder, no person
having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform
Act because Consultant:
A. Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate,rule
or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting City approval of, policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity,participate in making
a governmental decision or otherwise perform the same or substantially all the same duties
for City that would otherwise be performed by an individual holding a position specified in
City's Conflict of Interest Code under Government Code section 87302.
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7.3 In the event City officially determines that Consultant must disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's office
pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE 8 -GENERAL CONSIDERATIONS
8.1 Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the
terms or conditions of this Agreement the prevailing Party shall,in addition to any costs and
other relief,be entitled to the recovery of its reasonable attorneys'fees,including fees for the
use of in-house counsel by a Party.
8.2 Prohibition Against Assignment. Consultant shall not assign any of the Services, except
with the prior written approval of City and in strict compliance with the terms, and
conditions of this Agreement.
8.3 Documents and Records. All documents, records, drawings, designs, cost estimates,
electronic data files,databases and other documents developed by Consultant in connection
with its performance of the Services, and any copyright interest in such documents, shall
become the property of City and shall be delivered to City upon completion of the Services,
or upon the request of City. Any reuse of such documents, and any use of incomplete
documents, shall be at City's sole risk.
8.4 Independent Contractor Status. Consultant is for all purposes under this Agreement an
independent contractor and shall perform the Services as an independent contractor. Neither
City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as herein set forth. Consultant shall supply all tools and
instrumentalities required to perform the Services. All personnel employed by Consultant
are for its account only, and in no event shall Consultant or any personnel retained by it be
deemed to have been employed by City or engaged by City for the account of,or on behalf
of City. Consultant shall have no authority, express or implied, to act on behalf of City in
any capacity whatsoever as an agent, nor shall Consultant have any authority, express or
implied, to bind City to any obligation.
8.5 Termination.
A. Unless earlier terminated as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City.
B. This Agreement may be terminated by City,in its sole discretion,by providing thirty
(30) days' prior written notice to Consultant (delivered by certified mail, return receipt
requested) of City's intent to terminate.
C. If this Agreement is terminated by City,an adjustment to Consultant's compensation
shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed
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Services,and(2)any payment due Consultant at the time of termination may be adjusted to
the extent of any additional costs to City occasioned by any default by Consultant.
D. Upon receipt of a termination notice, Consultant shall immediately discontinue its
provision of the Services and, within five (5) days of the date of the termination notice,
deliver or otherwise make available to City,copies(in both hard copy and electronic form,
where applicable) of any data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated on
a pro-rata basis for Services completed up to the date of termination.
8.6 Books and Records. Consultant shall maintain any and all books,ledgers,invoices,accounts
and all other records and documents evidencing costs and expenses related to the Services
for a period of three(3)years,or for any longer period required by law,from the date of final
payment to Consultant pursuant to this Agreement. Such books shall be available at all
reasonable times for examination by City at the office of Consultant.
8.7 Entire Agreement/Amendment. This Agreement,including the Exhibits incorporated herein
by reference,represents the entire agreement and understanding between the Parties as to the
matters contained herein,and any prior negotiations,written proposals or verbal agreements
relating to such matters are superseded by this Agreement. Except as otherwise provided for
herein, any amendment to this Agreement shall be in writing, approved by City and signed
by City and Consultant.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
8.9 Severability. If one or more of the sentences, clauses,paragraphs or sections contained in
this Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction,the same shall be deemed severable from the remainder of this Agreement and
shall not affect, impair or invalidate any of the remaining sentences, clauses,paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of its
bargain under this Agreement.
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IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS TESCO Controls,Inc.
X
By: By:
on Harrison, Mayor J orst, tiona Sales Manager
Attest:
By: d.
CitClerk Ron Montoya, Sales Manager
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide professional services for the design, system integration and construction
management of a complete "Turn-Key" Supervisory Control and Data Acquisition (SCADA)
system. Included within the Services are Construction Management Services for a RF
communication system network with Remote Telemetry Units(RTU) at each of the City's remote
water sites and any additional equipment needed to establish a secure and reliable network. The 55
Sites in this project shall include:
• (12)Reservoir Sites
0 (21) Well Sites
• (5) Pumping Plants
• (12) Boosters
• (2) Water Treatment Plants (Horace Hinckley & Henry Tate)
• (1) Highland Avenue Water Complex
TESCO shall be responsible for integrating the new HMI SCADA software with PLCs while
providing reliable and secure communication between HAWC and all the remote sites. TESCO also
will utilize the existing 100+ ft. tower at Sunset Reservoir for RIF communication.
TESCO's Professional Services include the following:
• Engineering
o Develop project understanding including Design Criteria Report
■ Establish SCADA system requirements(SCADA Hardware&Software,RTU/PLC,
RF communication system, monitoring &control requirements and security)
o Project kick-off meeting
o Project submittal documentation
■ Prepare specifications for PLC's, PLC Panels, SCADA hardware & software and
radio telemetry equipment
■ List of equipment manufacturers
■ SCADA hardware& software
■ RF telemetry equipment
■ Prepare plans for the construction/ installation of the SCADA system
■ Submit functional testing,installation,startup,commissioning and acceptance phases
• Assist in reviewing shop drawings and provide Engineering recommendations
throughout the project
o Prepare RTU panel details including:
■ Wall mount or freestanding enclosures
■ Main disconnect
■ Circuit breakers (as required)
■ PLC Package
♦ Programmable logic controller
♦ Operator interface
♦ I/O requirements
♦ Communication requirements
♦ Power supply
o RF Communications
■ Type of radio with power supply
■ Antenna(Directional or Omni)/ location &mounting details
■ Lightning arrestor
■ Coax cable & connectors
♦ GFCI receptacle
♦ Uninterruptable power supply
♦ Strip heater w/thermostat
♦ Panel lighting
♦ Intrusion switches
♦ (Lot) mise. wire, connectors, fan, air filter,terminal strips, relays and locks
o Provide construction management services and perform Quality Control/Quality
Assurance(QC/QA)
■ Provide site drawings
a Panel & electrical control diagrams
♦ Develop conduit schedules
♦ Site drawings
♦ Manufacturer drawings
■ Bill of materials
■ Finalize control descriptions
o Design review meeting(incorporate City comments)
■ 50 percent completion (6 copies)
■ 90 percent completion (6 copies)
■ 100 percent completion (6 copies)
o Provide complete set of O&M Manuals based upon system acceptance testing
• Communications Engineer/ Specialist
o Perform both theoretical modeling and on-site field testing based on site locations
■ Site to site profiles
■ Photographs of current terrain/surrounding area
■ Spectrum analysis
■ Received signal levels and data throughput
• Project Management
o Provide project schedule(timeline)
o Manage contractual obligations/schedule of values
o Work directly with contractor during all phases of installation
o Assist City with Request for Information (BFI's) and Change Orders during the bid
process and construction/installation phase
o Oversee entire project to ensure deadlines are met
o Perform site visits throughout the Project
• SCADA Applications Engineering
o Establish SCADA System Requirements
o Networked Hot-Standby System Architecture with Data Historian configured to provide
automatic and seamless switchover between the system's primary and backup servers
(servers located in separate locations)
■ Independent historical database server using latest version of Wonderware Historian
♦ Provide accurate reporting&trending
o SCADA-Design Workshop w/City Staff
a Latest version of Wonderware InTouch for Terminal Services
■ Custom screen configuration(latest symbols, objects, graphics and animations)
♦ Overview drawing (Communication/Polling screen)
♦ Remote sites
♦ Each WTP shall include 25 screens per Plant(2/25)
■ Real-Time alarming and trending with historical views for analysis
o Remote access to SCADA (VPN)
o Training on HMI Software
o Provide 24-hour technical support
• PLC Applications Programmer
o Provide Control Descriptions
■ PLC I/O configuration requirements
■ Site specific process controls
■ Additional I/O shall be included at each site for future expansion
■ Telemetry table configured for polling cycle
■ Communications protocol
o Training on Control Scheme
o Provide 24-hour technical support
• Field Service Engineer
o Installation of RTU
o Terminate existing I/O
o Antenna alignment(verify communication)
o Startup, test, calibrate &train
o Provide 16 hours of training
SCADA Hardware:
Establish SCADA Hardware Requirements
• SCADA Hardware to include (13 Workstations):
1. Highland Avenue Water Complex
* (4)PowerEdge Energy Smart 2950 111 Servers:
* (1) SCADA Server w/Redundancy
■ Quad Core Intel Xeon 2.5GHz Processor, 8GB Memory, Windows Server 2003,
Standard Edition,Rack Chassis w/Sliding Rapid Rails,RAID 5 w/(3) 146GB Hard
Drives, Keyboard, Mouse & 17" LCD Monitor
* (1)Data Historian w/Redundancy
■ Quad Core Intel Xeon 2.5GHz Processor, 8G13 Memory, Windows Server 2003,
Standard Edition,Rack Chassis w/Sliding Rapid Rails,RAID 5 w/(3) 146GB Hard
Drives, Keyboard, Mouse& 17" LCD Monitor
2. Henry Tate Water Facility
o (2)Precision Workstations T7400:
■ Quad Core Intel Xeon 2.00GHz Processor,4GB Memory,Windows Vista Business
Bonus—Windows XP Professional.Downgrade,Microsoft Office 2007 Professional
and.Adobe Acrobat 9.0 STD, 16X DVD+/-RW,(2)250GB Hard.Drives,Keyboard,
Mouse& 1.9" Flat Panel. Monitor
3. Horace Hinckley Water Treatment Plant
o (2)Precision Workstations T7400:
■ Quad Core Intel Xeon 2.00GHz Processor,4GB Memory,Windows Vista Business
Bonus—Windows XP Professional Downgrade,Microsoft Office 2007 Professional
and Adobe Acrobat 9.0 STD, 16X DVD+/-RW,(2)250GB Hard Drives,Keyboard,
Mouse & 19" Flat Panel Monitor
4. City Hall
o (2)Precision Workstations T7400:
■ Quad Core Intel Xeon 2.00GHz Processor,4GB Memory,Windows Vista Business
Bonus—Windows XP Professional Downgrade,Microsoft Office 2007 Professional
and Adobe Acrobat 9.0 STD, 16X DVD+/-RW,(2)250GB Hard Drives,Keyboard,
Mouse & 19"Flat Panel Monitor
5. Laptops
o (3)Precision Workstation M4400:
■ Intel Core 2 Duo T9550 2.66GHz Processor, Windows Vista Business Bonus —
Windows XP Professional Downgrade, Microsoft Office 2007 Professional and
Adobe Acrobat 9.0 STD, 15.4"WXGA LCD display,4GB Memory,250GB Hard
Drive & 8X DVD
6. Network Switches
o Unmanaged Ethernet Switches
7. (1) Virtual Private Network(VPN)
o Provides remote access for users
8. (1) Color Printer
o Multifunction. Color Laser Printer 2135cn
9. (1) Black/White Printer
o Laser Printer 2330d.
1.0. (2) Moderns (Dial Out Alarms)
City, will provided existing water system as-built documents as available for the design of SCADA
system. If no existing as-built drawings or documents exist, then Consultant shall create new
installation drawings or documents.
EXHIBIT "B"
PROJECT SCHEDULE
(See Attached Project Schedule).
City of Redlands
Design Engineering Servises tot SCADA System
rproPosa)
10 Task Name Duration Stad Finish 2010.. __. 2011 _
u.ter 3rd Quarter4th Quarter tet Quarter 2.Q ader -3rd Quartz - ftQuarter tet Quar6er 2nd Queue, 3rd Quader 4th Quarter
__. May Jun Jul Aup..Sep Od Noy Dec J0, Fee,Met Apr May. Jun _JW,Aop_,Sep 9d Nov D „hn Feb_Mar Apr ,MeV Jun Jul..,Aug set Oct tbv Dec
s7 Phase 3-Bidding Phase Assistance 3 days Mon 2/1/10 Wed 2/3/10'
58.. Project Management 3 days Mon 211/10 Wed 2/3/10 w
59 Attend Pre-Bid Conference 3 days Mon 211/10 Wed 2/3/10 C
60 Assist City responding to Pre-Bid Questions 3 days Mon 2/1/10 Wed 2/3110
6t Prepare all Addenda to Plans&Specifications 3 days Mon 211/10 Wed 2/3/101 : -
62 ' Prepare Revised Plans&Spec due to RFI's&Addendums during Bid-Proce 3 days: Mon 211110 Wed 213/101 [ -
63
&4 Phase 4-Construction Phase 308 days Mon 2/8/10 Wed 4/13111
ss Engineering&Project Management 308 days Mon 218/10 Wed 4/13/11'
6 Prepare&Attend Pre-Construction Conference 3 wks Mon 218/10 Fri 2126/10
57 Coordinate All Meetings,Prepare Meeting Agenda&Meeting Minutes docu 3 wks, Mon 3/1/10 Fri 3119/10'.
68 Review Shop Drawings,Technical Submittals,RFI's&Change Orders durir 5 days Mon 3/29/10 Fri 4/2/10
sa Site Inspection for Equipment Installation(20-hour/Week Site Visits) 130 daysMon 4/5/10 Fri 10/1/10'
F0 Conduct Control System Startup&Document Startup 4 wks Mon 10/4/10 Fri 10129110'
71 Review Vendor Information&Maintenance 60 hrs Mon 1111/10 Wed 11/10/10' -
12 Revise Shop Drawings&Technical Information 40 hrs Mon 11/15/10 Fri 11/19/10 -
F3 Prepare&Include System Startup,Testing,Commissioning&Acceptance r 300 hrs Mon 11/22/10 Wed 1112111
F4 Perform&Coordinate System Integration 40 days Mon 2114/11 Fri 418/11
75 Ensure System Functionality meets City's needs 3 days Mon 4/11/11 Wed 4/13/11',
76
I? '.Phase 5-Startupl Testing 82 days Mon 4M8/11 Tue 819/11' -
d6 SCADA Applications Engineer 43 days Mon 4/18111 Wed 6/15/11' �1
'y Conduct Hardware&Software Portion of Startup,Testing&Commissioning 6 wks Mon 4/18/11 Fri 6110/11
50 Training after Startup(minimum 16 hours) 2 days Tue 6/14111 Wed 6/15/11'
81 Engineering 37 days. Mon 6/20/11 Tue 819/11
82 Provide Project Specific O&M Manuals 40 hrs. Mon 6/20/11 Fri 6/24111: _
ea Setup Technical support program for System 6 wks Mon 6/27/11 Fri 8/5/11 1 .--
54 Prepare As-Constructed drawings(updated)/Submit in Hard Copy and Elea 2 days Mon 8/8/11 Tue 8/9/11
as 1 Year Warranty commences at Notice of Completion 1 day. Tue 8/9111 Tue 8/9/11 _ [
Task --- Pragmss Summary ^ EMemal Tasks
cu
SPM
............ Miabrc Pralad S..—,y External Milestone
EXHIBIT "C"
PROJECT COSTS
Consultant shall perform the Services on a time and materials basis, for a total not to exceed fee of
$739,050, at the costs identified for the tasks specified in the attached spreadsheets.
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EXHIBIT 441)"
RATESCHEDULE
Consultant shall perform the Services on a time and materials basis based upon the Consultant's
hourly rates:
Professional Services
Senior System Analyst $160/hour
Communications Engineer/ Specialist $145/hour
Senior Project Engineer $165/hour
Project Manager $130/hour
Senior Project Engineer $150/hour
Project Engineer $145/hour
Engineer/Designer $125/hour
Drafter/Designer $11 0/hour
Engineering Support $1 00/hour
Senior PLC Applications Programmer $165/hour
PLC Applications Programmer $145/hour
Senior SCADA Applications Programmer $165/hour
SCADA Applications Programmer $145/hour
Senior Field Service Engineer $165/hour
Field Service Engineer/Specialist $125/hour
Factory Repairs $105/hour
Expenses
Consultant will invoice city for expenses.
Portal-to-portal travel time is billed at indicated hourly rate, plus $0.65 per mile.