HomeMy WebLinkAboutContracts & Agreements_103-2004_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING
AND GEOLOGICAL SERVICES FOR THE PARTIAL FINAL
CLOSURE AND POSTCLOSURE OF THE CITY'S CALIFORNIA
STREET LANDFILL INACTIVE EAST END
This Agreement is made and entered into this 6th day of July,2004 by and between the City
of Redlands, a municipal corporation (hereinafter"City") and Vector Engineering, Inc. hereinafter
("Consultant").
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 professional engineering and geological services
for the Partial Final Closure and Postclosure of the California Street Landfill Inactive East
End(the "Services") located at 2151 Nevada Street, Redlands, California.
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 similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are 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 in its
performance of the Services including, but not limited to, all California Labor Code
requirements and non-discrimination laws including the Federal Americans with
Disabilities Act and the state's Fair Employment and Housing Act.
2.3 Consultant acknowledges and agrees that if it violates the provisions of the California
Labor Code relating to prevailing wage that City may withhold payments to Consultant
pursuant to Labor Code sections 1726, 1.727 and 1771.6.
2.4 Consultant agrees that if it engages a subcontractor to perform any of the Services,that
Consultant shall comply with California Labor Code sections 1775 and 1777.7,and shall
provide the subcontractor with copies of the provisions of sections 1771, 1775, 1776,
1777.5, 1813 and 181.5 of the Labor Code. Consultant acknowledges that the statutory
provisions for penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by the City pursuant to Labor Code sections 1.775 and
1813.
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ARTICLE 3 -RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in City's possession that is relevant to
the performance of Consultant's Services.
3.2 City will make provision for Consultant to enter upon City-owned property to perforin the
Services.
3.3 City designates Gary Van Dorst to act as its representative with respect to the Services.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
with the schedule set forth in Attachment "B," entitled "Project Schedule."
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$109,582. City shall pay Consultant on a time and materials basis in accordance
with the estimated amounts identified in Exhibit "C"entitled "Project Fee,"and based upon
the hourly rates shown in Exhibit "D," entitled "Rate Schedule."
5.2 Within ten days following the end of each month Consultant shall submit an invoice to City
indicating the portion of the ServicesP erformed, who performed the Services and costs
incurred. Payments by City to Consultant shall be made within 30 days after receipt and
approval of Consultant's invoice, by warrant payable to Consultant.
5.3 All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows:
Ci Consultant
Gary Van Dorst Scott Purdy, President, CEO
Municipal Utilities Dept. Vector Engineering, Inc.
PO Box 3005 143 E. Spring Hill Drive
Redlands, CA 92373 Grass Valley, CA 95945
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 whom notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant's Insurance to be Primary
All insurance required by this Agreement shall be maintained by Consultant during its
performance of the Services and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City. Consultant shall not
commence the Services unless and until all required insurance listed below is obtained
by Consultant and Certificates of Insurance and endorsements evidencing such
insurance are presented to City. All insurance policies shall include a provision
prohibiting cancellation, except upon thirty (30) days prior written notice to City.
6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout its performance of the Services in amounts which
meet statutory requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its elected
officials and employees for losses arising from work performed by Consultant
for City by expressly waiving Consultant's immunity for injuries to Consultant's
employees. Consultant agrees that its obligation to indemnify,defend and hold
harmless provided for in this Agreement extends to any claim brought by or on
behalf of any employee of Consultant. This waiver is mutually negotiated by the
parties. To the extent any of the damages referenced herein were caused by or
resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and bold harmless are valid
and enforceable only to the extent of the negligence of Consultant,its officers,
agents and employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout its performance of the Services 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. Consultant shall obtain an
endorsement that City shall be named as an additional insured.
6.4 Professional Liability Insurance. Consultant shall secure and maintain professional
liability insurance throughout its performance of the Services in the amount of one
million dollars($1,000,000)per occurrence and two million dollars($2,000,000)annual
aggregate.
6.5 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, with minimum limits of one million dollars ($1,000,000) 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 its
performance of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Consultant shall obtain an endorsement that City shall be named
as an additional insured.
6.6 Assignment and Insurance Requirements Consultant is expressly prohibited from
assigning any of the Services without the prior written consent of City. In the event of
mutual agreement between the parties to assign a portion of the Services, Consultant
shall add the assignee as an additional insured to Consultant's insurance policies and
provide City with insurance endorsements prior to any Services being performed by the
assignee. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement,
6.7 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City,its elected officials,-officers,employees and agents from and against any and
all actions,claims,demands,lawsuits,losses and liability for damages to persons or property,
including costs and attorney fees,that may be asserted or claimed by any person,firm,entity,
corporation,political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions in performing the
Services;but excluding such actions,claims,demands,lawsuits and liability for damages to
persons or property arising from the sole negligence or intentionally wrongful acts of City,its
officers, employees or agents.
ARTICLE 7.- GENERAL CONSIDERATIONS
7.1 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.
7.2 All documents,records,drawings,designs,cost estimates,electronic data files,databases and
other documents developed by Consultant pursuant to this Agreement 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 will be at City's sole risk.
7.3 Consultant is for all purposes an independent contractor. 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.
7.4 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
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completion and acceptance of the Services by City.
r 7.5 This Agreement may be terminated by the City, without cause, by providing five (5) days
prior written notice to Consultant of intent to terminate.
7.6 If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be
made, but no amount shall be allowed for anticipated profit or unperformed Services, and
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.
7.7 Upon receipt of a termination notice,Consultant shall immediately discontinue all Services,
and within five (5) days of the date of such 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 work completed up until
notice of termination.
7.8 Consultant shall maintain books and accounts of all payroll costs and expenses incurred in
performing the Services. Such books shall be available at all reasonable times for
examination by City at the office of Consultant.
7.9 This Agreement,including the attachments 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 agreements with regard to the subject matter
hereof between City and Consultant are superseded by this Agreement. Any amendment to
this Agreement shall be in writing,approved by City Council of City and signed by City and
Consultant.
7.10 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS
VECTOR ENGINEERING, INC.
SAN PEPPLER By:
USA VINCE SURYASASMITA
Mayor Executive Vice President
ATTEST:
City'Clerk, City o6t/ ds
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AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING
AND GEOLOGICAL SERVICES
FOR THE PARTIAL FINAL CLOSURE AND POSTCLOSURE
OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT A
SCOPE OF WORK
ATTACHMENT A — SCOPE OF WORK
Task 9A: Partial Final Closure and Post-Closure Plan Preparation
Task 1A involves the preparation of a Partial Final Closure and Post-Closure
I Maintenance Plan for the East Side Landfill portion of the California Street Landfill. The
Plan will be in compliance with the California Code of Regulations, Title 27 and will be
submitted to the regulatory agencies including the Regional Water Quality Control
Board, Integrated Waste Management Board, and Local Enforcement Agency. A
Preliminary Closure and Post-Closure Maintenance Plan was previously submitted for
both the West Side and East Side portions of the California Street Landfill in the 2002
JTD. The Partial Final Closure Plan for the East Side Portion of the California Street
Landfill will be consistent with that Preliminary Closure Plan.
During the Phase 1 expansion, the Contractor placed excavation soils over the East
Side Landfill. This soil was placed as a stockpile; however, the soils were compacted in
6-inch lifts that were tested as if a monolithic cover was being placed. During the
construction, Vector conducted Atterberg limits, grain size analysis, moisture content,
density, Proctor, and permeability tests on the soils at a frequency approved by the
Santa Ana RWQCB. In addition, the overall thickness of the cover was determined on a
100-foot grid in order to verify the amount of soil over the waste. The existing
information will be utilized in the alternative cover demonstration as well as the grading
plan and hydraulic analysis.
Each of the plan elements listed in the regulations will be included in the Plan with
corresponding text addressing the specific element. Also included within the Closure
Plan will be drawings consisting of the original site conditions, the final "as-built" closure
configuration, drainage structures and surface water controls, landfill gas extraction
system, and general details. Modifications to the gas system (if necessary) will likely be
conducted with Janacek and Associates working directly for the City. The appendices
will include permits and related documents, geotechnical analyses, all quality assurance
tests conducted during construction, soil loss analyses, a construction quality assurance
plan, leachate generation potential, and final partial closure and post-closure cost
estimates. The construction quality assurance plan will follow the installation and
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testing procedures used to place the existing stockpile material over the East Side
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Landfill.
Deliverables: Partial Final Closure and Post-Closure Maintenance Plan
Task IB: Alternative Cover Demonstration
Task 1 B consists of preparing an alternative cover demonstration for the monolithic
cover soils. The regulations allow for alternative covers to be utilized at sites that can
demonstrate equivalence with the prescriptive cover. The California Code of
Regulations, Title 27, Section 21090(a) allows for alternatives to the prescriptive cover if
the alternative "will continue to isolate the waste in the Unit from precipitation and
irrigation waters at least as well as the prescriptive final cover". The prescriptive cover
for the East Side Landfill portion of the site would consist of a vegetative layer covering
a clay liner (permeability less than 1 x 10"6 cm/sec) over a compacted foundation layer.
The alternative demonstration will model the leakage through the prescriptive cover and
compare that to the alternative monolithic cover. The results of the testing conducted
during the Phase 1 expansion and stockpile placement will be utilized for the modeling.
Vector will be utilizing 3D Geoservices to conduct the LEACHM analysis for the
monolithic cover versus prescriptive cover leakage analysis. Following completion of
the model and comparison with the prescriptive cover, a report will be prepared and
included as an appendix in the Partial Final Closure Plan.
Deliverables: Alternative Cover Demonstration
Task T C: Construction Plans, Specifications, and Bidding Documents
Task 1 C will consist of the preparation of construction drawings and specifications along
with all bidding documents to be advertised to contractors for the drainage closure
improvements of the East Side Landfill. The drawings will include construction ready
plans for drainage structures, settlement monuments, and other details for the closure.
The specifications will involve all aspects of the construction including surface water
drainage controls, berms, vegetation, and general contract requirements. Within this
task, the list of bid items and quantities will also be prepared as well as an engineer's
estimate. Vector will utilize the City's general conditions in the preparation of the bid
documents. We will also assist in the prebid meeting with contractors and the review of
the contractor's bids. Any changes to the documents as a result of the prebid meeting
will be addressed in writing and submitted to all bidders.
Deliverables: Construction Drawings, Specifications, and Bid Documents
Task ID: Meetings
Task 1 D will consist of attending meetings with City personnel as well as meeting with
the Santa Ana RWQCB, the Integrated Waste Management Board, and/or the LEA. A
total of three meetings have been scheduled for this task. A fourth meeting, consisting
of a prebid meeting with contractors for the construction, has also been included within
this task. The minutes of all meetings will be prepared and submitted for review and
comments.
Deliverables: Meeting Minutes
Task 7E: Perrnitting1Regu1atory10EQA Initial Study
Task 1 E will consist of responding to comments or concerns raised by the regulatory
agencies regarding the Partial Final Closure Plan as well as the Alternative Cover
Demonstration Report. Vector will address all concerns raised by the agencies and
respond in written format quickly to minimize potential delays to the project.
In addition, Vector will prepare a CEQA Initial Study for the project and submit it to the
City for review. The CEQA initial study will consist of an environmental review checklist
which includes specific land use and planning issues, population and housing, geologic
problems, water, air quality, transportation, biological resources, energy and mineral
resources, safety/hazards, noise, public services, utilities, aesthetics, cultural resources,
recreation, and findings of significance.
Deliverables: Responses to Comments and CEQA Initial Study
Task IF. Construction Quality Assurance Services
Task 1 F will consist of providing CQA services during the installation of the drainage
improvements and final closure structures for the East Side Landfill. Vector will observe
the construction for compliance with the plans and specifications, perform field and
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AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING
AND GEOLOGICAL SERVICES
FOR THE PARTIAL FINAL CLOSURE AND POSTCLOSURE
OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT B
PROJECT SCHEDULE
ATTCHMENT B
PROJECT SCHEDULE
Task 1A— Partial Final Closure and Post-Closure Plan Preparation
The Partial Final Closure and Post-Closure Plan will be prepared by Vector,
reviewed by the City, and submitted to the regulatory agencies by the end of
August 2004 following approval to begin work by the start of July.
Task 1 B —Alternative Cover Demonstration
Preparation of the Alternative Cover Demonstration will be concurrent with the
Partial Final Closure Plan and be submitted by the end of August.
Task 1C — Construction Plans, Specifications, and Bidding Documents
The Plans, Specifications, and Bidding Documents will be complete and ready for
final review by the City by the end of August. This will allow construction to begin
in late October or early November with completion prior to December 15tt', 2004.
Task 1 D — Meetings
Meetings will be scheduled as necessary to complete the project. It is
anticipated that a meeting with the Santa Ana RWQCB will take place early in the
project to address any regulatory concerns prior to substantial completion of the
work.
Task 1E — Permitting/Regulatory/CEQA Initial Study
Responding to regulatory comments will be addressed within two weeks of
receiving the correspondence from the agency. The CEQA Initial Study will be
completed prior to the submittal of the Partial Final Closure Plan.
Task IF— Construction Quality Assurance Services
Construction Quality Assurance Services will begin when the contractor starts the
work. It is anticipated that the work will take 5 weeks to complete. Vector will
provide one full-time CQA Monitor during the project. Following construction,
Vector will prepare a final documentation report for submittal to the regulatory
agencies.
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laboratory testing, and prepare a sinal CQA documentation report demonstrating
compliance with the approved CQA plan included in the Partial Final Closure Plan. The
CQA documentation report will be submitted to the regulatory agencies for approval.
Vector will provide one, full-time CQA Monitor experienced with earthworks and
drainage system construction. In accordance to California State Law, Vector's CQA
Monitor will be paid at the prevailing wage rate. We have assumed that our Monitor will
work a total of nine hours per day. We have assumed that the construction period
necessary to complete the project will be five weeks. Should the construction period
differ from the proposed working days, Vector will adjust our hours as necessary with
approval from the City.
Deliverables. CQA Documentation Report
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AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING
AND GEOLOGICAL SERVICES
FOR THE PARTIAL FINAL CLOSURE AND POSTCLOSURE
OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT C
PROJECT FEE
y ATTACHMENT C - PROJECT FEE
SUMMARY OF PROFESSIONAL SERVICES-VECTOR ENGINEERING,INC
Eastside Landfill Partial Final Closure Pian
Budgeted Previous Currenf
y Remaining
Hours Costs Hours Costs Hours Costs Hours Costs
Task 1 A-Partial Final Closure Plan Preparation
Purdy-CEG $100mr 56 $ 5,600 0 $
Woodward/Ramey $90/hr 80' $ 7,200 0, d $56_$ 5,600.00
Russell$75/hr $
$ _.80.$ ---7 200200.00
Dodge/CampbelVHemmen$65/hr 40 $ 3,000 0' $ 0 $ - 40;$ 3,000.0
Clerk$40/hr 114 $ 7,150 0 $ 0 $ - 1101$ 7,150.00
Total-Task 1A 24 $ 960 0 $ 0 $ - 24;$ 960.00
Task 1 B-Alternative Cover Demonstration 310, $ 23 910 0 $ 0 $ - 310 $ _23 910.00
Purdy-CEG $100lhr 16 $ 1,600 0' $ -----------
Ramey/Christie $90/hr 6 $ 5,160 8 01$$ - 16„$ 1�600,00
0 �
Russell$75/hr 0 $ 1 $ _ 2,160.00
24 $
Modeling-3D Geo(lump sum) 00 0 $ _ I$ 16 $ 1,200.00
Total-Task 18 57� $ 9,960 0 $ 8 j 5,000.00
Task 1 C-Plans,S ifications,Bid Documents $ 57 $ 9,960.00
Purdy-CEG $1uumr
16i $ 1,600 01 $ 0
Woodward/Ramey $90/hr 32' $ 2,880 0 $ $ - 161$ 1,600.00
Russell$75/hr 16 $ 1,200 8 $ 0 $ 32"$ 2,880.00
Dodge/Campbelt/Hemmen$65/hr 0:$ 16;$ 1,200.00
Clerk$40/hr 80! $ 5,200 0 $ 0:$ - 80 $ 5,200.00
Total-Task 1C 16, $ 640 0 $ 0'$ - 16 $ 640.00
Task 1D-Meetin s 1601 $ 11,520 01 $ 01$ - 160!$ 11,520.00
Purdy-CEG $100/hr 54 $ 5400 p $
Ramey $90/hr , 0 $ 54'$ 51400.00
Clerk$40/hr 16 $ 1,440 0 $ 0 $ - 16'$ 1,440.00
Total-Task 1 D 4' $ 160 0 $ 0,$ - 4 $ 160.00
Task 1 E-Permittin !R ulato lCEQA initial Stud 74' $ 7'000 0 $ 0;$ - 74$ — 7 000.80
Purdy-CEG $100/hr 32 $ 3,200 0 $ 0'
Woodward/Ramey $90/hr 32 $ 2,880 p $ $ 32 $ _ 3,200.00
Russell$75/hr 0,$
Dodge/Campbell/Hemmen$65/hr 16' $ 1,200 0 $ 0 $ - 16;$ 1,200.00
Clerk$40/hr 32' $ 2,080 0' $ 0 $ - 32 $ 2,080.00
Total-Task 1 E 8 $ 320 0' $ 0,$ - 8i$ 320.00
Task 1 F-Construction Ruali Assurance 5 weeks 1201 $ 9,680 0 $ 0'$ - 120;$ 9,680.00
Scott Purdy-CEG $1 00/11F 56' $ 5,600 0 $
Ramey/Fritzler $90/hr 0'$ 56 $ _—_5,600.00
COA Monitor-Dell-Era$67/hr re(regular time 40 $ 3`600 0 $ 0 $ - _ 40 $_ 3,600.0
{ g ) 200 $ 13,400 0 $ 0 $ - 200:$ —T 13,400.00
COA Monitor-Dell-Era$90/hr(overtime) 25, $ 2,250 0; $
Dodge/Campbell/Hemmen$65/hr 0 $ 25:$ 2,250.0
Clerk$401hr 16' $ 1,040 0; $ 0'$ - 16 $ 1,040.00
24 $ 960 0 $ 0 $ - 16:$ 960.00
Mobilization-lump sum 1 $ 800 0' $
Per Diem-COA Monitor($525tweek) 5 $ 2,625 0 $ 0 $ 1 $ 800.00
On-Site Vehicle($250/week) 5' $ 1,250 0 $ 0,$ 51 2,625.00
Shipping-lump sum 1' $ 275 0 $ 0 $ 5'$ 1,250.00
Misc.Field Equipment($1001week) 1 $ 500 0 $ $ 1 $ 275.00
GOA Documentation Report-lump sum 1 $ 5,000 0 $ _ Q'$ 5'$ 500.00
Phone/FAX/Postage($50/week) 5; $ 250 O $ $ 1 $ 5,000.00
Total-Task IF 337; $ 37,550 0 $ 0'$ 5'$ 250.00
Total Task 1 Costs 0 $ 337 $ 37,550.00
1058 $ 98,620 0 $ - 0 $ - 1058 $ 99,620.00
Vector Engineering,Inc.Job No.981020.14
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AGREEMENT TO FURNISH PROFESSIONAL ENGINEERING
AND GEOLOGICAL SERVICES
FOR THE PARTIAL FINAL CLOSURE AND POSTCLOSURE
OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT D
RATESCHEDULE
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ATTACHMENT D - RATE SCHEDULE
The unit rates for personnel will be provided under the following categories and
individuals. Direct expenses will be converted to personnel hours.
Principal Professional (Purdy) - $100/hour
Senior Professional (Ramey/Woodward/Christie/Fritzler) - $90/hour
CQA Monitor - $67/hour ($90/hour overtime)
Project Professional (Russell) - $75/hour
Staff Professional (Dodge/Campbell/Hemmen) - $65/hour
Clerk - $40/hour