HomeMy WebLinkAbout2007-09-05 PACKET 04.IREQUEST OF CITY COUNCIL ACTION COUNCI� AGENDA
MEETING ITEM #
DATE 09/05l07 � d
PREPARED BY: Enqineerinq Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Approve the professional service agreement between the City of Cottage Grove and Short
Elliott Nendrickson, Inc. and hiring Short Elliott Hendrickson, Inc. for the design and
construction services for the 2008 Pavement Management Project.
STAFF RECOMMENDATION:
Staff recommends approval of the professional service agreement between the City of Cottage
Grove and Short Elliott Hendrickson, Inc. and hiring Short Elliott Hendrickson, inc. for the
design and construction services for the 2008 Pavement Management Project.
ADVISORY COMMISSION ACTION:
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PLANNING
PUBLIC SAFETY
PUB�IC WORKS
PARKS AND RECREATION
HUMAN SERVICES/RIGHTS
ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS:
� MEMO/LETTER:
❑ RESOLUTION:
❑ ORDINANCE:
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REVIEWED
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Jennifer Levitt, August 30, 2007
APPROVED
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DENIED
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❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Professional Service Agreement between the City of Cottage Grove and Short
Elliott Hendrickson Inc.
ADMINISTRATORS COMMENTS:
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� ity Administrator Date
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COUNCIL ACTION TAKEN: �APPROVED ❑ DENIED I OTHER
CITY OF COTTAGE GROVE
MINNESOTA
To: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
From: Jennifer M. �evitt, P.E., City Engineer
Date: August 30, 2007
Re: Short Elliot Hendrickson, Inc.: Contract Approval & Authorize Contracting with
SEH for 2008 Pavement Management
Background/Discussion
The City has desired to move away from a sole source engineering consultant for seroices
related to pianning, design and construction services for public improvements. The City has
contracted with Short Elliott Hendrickson, Inc. (SEH) for a number of projects in the last couple
of years and has been very satisfied with their level of services. The projects SEH has done or
is currently working on are the Ravine Parkway Phase 1, the Grange Water Tower Painting
and the Transportation Study of TH61 and CSAH 19 (which is a joint project with Washington
County).
It is staff's recommendation to hire SEH to do the design and construction services for the
2008 Pavement Management Area. The enclosed contract, that is recommended to be
approved, contains the same contractual language the City has in place with Bonestroo for
design and construction services. The compensation for design services is in Appendix D,
page 15, of the professional services agreement. The fee structure is identical to the existing
fee structure the City has in place with Bonestroo.
Recomonendation
1. Approve the professional services agreement between the City of Cottage Grove and
Short Elliott Hendrickson, Inc.
2. Approve hiring Short Elliott Hendrickson, Inc. for the design and construction services
for the 2008 Pavement Management Project.
PROFESSIOIVAL SERVICES AGREEMENT
�etween
CITY OF COTTAGE GROVE, MN
,4nd
5HOR7 ELLIOTT HEiVDRICI4SON INC.
This is an Agreement, effective on , 2007, between the City of Cottage
Grove, MN ("City") and Short Elliott Hendrickson Inc., a Minnesota corporation, ("Engineer"), for
professional services in the planning, design and construction of public works and special projects.
SECTION 1. ENGINEER'S SERVICcS
1.1. General
The City intends to retain the Engineer as necessary to provide professional services to the City.
Each engagement of the Engineer by the City or each construction project shall be referred to as
a"Project." The City reserves the right to retain others to perform engineering services for the
City.
1.2. Basic Services for Construction Proiects
For construction projects, the Engineer will provide the "Basic Services" described in Appendix A.
Basic Services for construction projects consists of two phases:
1) Design Engineering Phase
a. Feasibility Study / Report
b. Final Design
2) Construction Engineering Phase
1.3. Supplementai Services
1.3.1. For construction projects, Engineer will provide "Pre-authorized Supplementai Services"
identified in Appendix B, Section 1.
1.3.2. If authorized in writing by the City, the Engineer will furnish "Other Potential Supplemental
Services" that are identified in Appendix B, Section 2.
1.4. Other Investipations, Studies and Reports
The City may direct the Engineer to provide services not related to a construction project
("Special Studies"). Examples of Special Studies include: traffic studies; transportation studies;
feasibility investigations, studies and reports; sanitary sewer, water, and stormwater system
master plans; environmental assessments, worksheets or impact statements; and rate studies.
For Special Studies, the Engineer will provide the City with a written scope of services and an
estimate of the costs, and will not begin work until authorized by the City.
SECTION 2. THE CITY'S RESPONSIBILITIES
The City is responsible for all matters described in Appendix C.
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SECTION 3. COMPENSATION
3.1. Pavment for Basic Services
3.1.7. For Design Engineering Basic Services, the City will pay the Engineer as set forth in
Appendix D.
3.1.2. For Construction Engineering Basic Services, the Cifij will pay the Engineer on an hourly
basis according to the rates in Appendix E.
3.2. Pavment for Supplemental Services
For Supplemental Services described in Appendix B and for other services not provided for in this
Agreement, the City will pay the Engineer on an hourly basis according to the rates in Appendix
E.
3.3. Pavmen4 for Speciai Studies
The City will pay the Engineer for these services as agreed upon by the parties, either on a lump
sum basis or on an hourly basis according to the rates in Appendix E.
3.4. Pavment for Reimbursable Expenses
In addition to engineering fees, the City wili pay the Engineer for Reimbursabie Expenses on the
basis of the Engineer's actuai cost. Although not a complete list, examples of Reimbursable
Expenses include: the costs of plotting drawings and the reproduction of drawings and
specifications; project-specific printing, duplicating, tabs and indexes; testing; mileage; travel and
per diem expenses of the Engineer for out-of-town trips required for a Project; long distance
telephone calis and faxes as required to expedite the work not delayed by Engineer; the costs for
cellular phone calis/service for Engineer's field personnel on a Project; project photographs taken
before and during construction; construction stakes; postage and delivery charges; any new
taxes, fees or costs imposed on the Engineer's services (such as sales taxes) after the date of
this Agreement; and out-of-pocket expenses incurred directly for a Project.
3.5. Proqress Pavments
The City will make progress payments to the Engineer in proportion to services performed, as
reasonably estimated by the Engineer. The Engineer wili invoice the City monthly during the
progress of the work. The City shall pay each properly documented invoice of the Engineer within
30 days after the City's receipt of such invoice. The City may not reserve as retainage any portion
of a payment due under this Agreement.
3.6. Obiections to Invoices/PIo Deductions
If the City objects to any portion of an invoice, the City shall notify the Engineer in writing within
twenty days of the invoice's receipt. The City agrees to pay any undisputed portions of an invoice.
No deductions shall be made from the Engineer's compensation on account of penalty, liquidated
damages, or other sums withheld from payment to contractors, not related to Engineer's
performance, except as may be determined by mediation, arbitration, litigation or other dispufe
resolution mechanism to which the Engineer is a party.
3.7. Suspension of Work
If the City fails to pay when due the amounts owing to Engineer that are not reasonably in
dispute, the Engineer may suspend work after providing five days notice to the City.
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SECTION 4. GENERAL CONSIDERATIONS
4.1. Standard of Care
The Engineer shall exercise the same degree of care, skill and diligence in the performance of its
services as is ordinarily exercised by a members of the profession in the Twin Cities Metropolitan
area under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of
the Project, shall modify the foregoing standard of care. The Engineer shall not be required to
sign any documents that would result in it having to certify, guarantee or warrant the existence of
conditions whose existence the Engineer cannot ascertain.
4.2. Delavs
Both the Engineer and the City wiil put forth reasonable efforts to complete their respective duties
in a timely manner. Because the Engineer's pertormance must be governed by sound
professionai practices, the Engineer is not responsib�e for delays occasioned by factors beyond
its control or that cou�d not reasonably have been foreseen at the time of preparation of this
Agreement.
4.3. Ouinions of Costs and Schedules
Since the Engineer has no control over the cost of labor and material or over competitive bidding
and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project
schedules can only be made on the basis of experience or qualifications as a professional
engineer. The Engineer does not guarantee that proposals, bids, actual Project costs or
construction schedules will not vary from Engineer's opinions or estimates. If the City desires
greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or
instruct the Engineer to provide as a Supplemental Service, an independent cost estimator.
4.4. Insurance
4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts,
errors or omissions in an amount of at least $4,000,000 per claim and �4,000,000 annual
aggregate, on a claims-made basis, as long as such insurance is reasonably available under
standard policies at rates comparable to those currently in effect. The Engineer will not
cancel the insurance until thirty days after providing the City written notice.
4.4.2. The Engineer shall maintain:
1) Statutory workers compensation and employers' liability insurance coverage.
2) Comprehensive general liability and automobile liability insurance coverage in the sum of
not less than $1,000,000 each.
4.4.3. The City shall require Contractor to purchase and maintain general Iiabiiity and other
insurance as specified in the contract documents and to cause the Engineer and its
consultants to be listed as additional insureds with respect to such liability and other
insurance purchased and maintained by Contractor for the Project.
4.5. Use of instruments of Service
Documents (including Digital Data) prepared by the Engineer, such as drawings, specifications
and reports ("Engineering Documents") are instruments of the Engineer's professional services,
and not products. The Engineering Documents are prepared for a specific Project, and may not
be used by the City for other Projects. City may make and retain copies of the Engineering
Documents for information and reference in connection with use on the Project by City. The City
shall have the right to use the Engineering Documents for informational purposes or to iliustrate
the design and/or location of existing facilities for expansion, rehabilitation, retrofit, or other
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purposes in connection with the Project.
Engineering Documents are not intended or represented to be suitable for reuse by City or others
on extensions of the Project or on any other project. Any such reuse or modification without
written verification or adaptation by Engineer, as appropriate for the specific purpose intended,
will be at City's sole risk and without liability or Iegai exposure to Engineer or to Engineer's
Consultants. City shall indemnify and hold harmiess Engineer and Engineer's Consultants from
all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting
therefrom.
4.6. Dipital Data
4.6.1. If included in Basic or Supplemental Services and as a convenience to the City, the Engineer
wili furnish the City for its use only with electronic data versions of certain drawings or other
written documents ("Digital Data") provided in hard copy form. In the event of any conflict
between a hard copy document and the Digital Data, the hard copy document governs.
4.6.2. The Digital Data shali be prepared in the current software in use by the Engineer and is not
warranted to be compatible with other systems or software. CAD drawings will be provided in
dxf format with reference files. Other documents will be provided in .pdf format. All files will
be provided on CD ROM disks.
4.6.3. Any defects in the Digital Data that the City discovers and reports to the Engineer will be
corrected by the Engineer at no extra charge to the City, provided that the City discovers the
defect within a reasonable time after receiving the Data. The City understands that the Digital
Data is perishable and the City is responsible for maintaining it.
4.7. Termination, Suspension or Abandonment
4.7.1. The City or the Engineer may terminate or suspend this Agreement for substantial
nonperformance by the other party. The party terminating or suspending this Agreement shall
give seven days written notice to the other party.
4.7.2. If the Project or the Engineer's services are suspended for more than 90 days, the Engineer
may terminate this Agreement upon seven days written notice to the City. The Engineer shall
have no Iiabiiity on account of a suspension by the City, provided the suspension is not due,
in whole or in part, to Engineer's failure to perform in accordance with the terms of this
Agreement.
4.7.3. In the event of termination or suspension permitted by this Agreement or abandonment of the
Project by the City, the City shall compensate the Engineer for services performed prior to
termination, suspension or abandonment and for services directly attributable to the
termination, suspension or abandonment itself, together with Reimbursable Expenses. If the
City properly terminates Engineer for cause, the City may withhold from Engineer's
compensation those damages directly attributable to the cause of the termination.
4.8. Dispute Resolution
4.8.1. In an effort to resolve any conflicts that arise out of the services under this Agreement, all
disputes between the City and the Engineer arising out of or relating to this Agreement shall
be submitted to nonbinding mediation prior to commencing arbitration or litigation. The
Mediator's fee shall be shared equally and mediation shall proceed oniy at a place where
arbitration or litigation is proper. Mediation shall not be a condition precedent to arbitration or
litigation if a party refuses to make reasonable arrangements for a mediation within 20 days
of demand by the other party. If a dispute relates to or is the subject of a lien arising out of the
Engineer's services, the Engineer may proceed in accordance with applicable law to comply
with the lien notice or filing deadlines prior to resolution of the matter by mediation or
arbitration.
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4.8.2. If the Engineer or the City intends to assert a claim against the other as a result of a dispute
with a third party, the ciaiming party shall notify the other party as soon as possible and, in
any event, prior to resolving the dispute with the third party.
4.9. Hazardous Substances
The Engineer's scope of services does not include any services related to hazardous or toxic
materials, including asbestos and PCBs. If it becomes known that such materiais may be present
at or near a Project that may affect the Engineer's services, the Engineer may suspend
performance of its services, without liability, and will assist the City to retain appropriate
consultants to adequately identify and abate such materials so that Engineer's services may
resume. Nothing in this Agreement shall be construed to require the Engineer to: (a) assume the
status of a generator, storer, transporter, treater, or disposai facility as those terms appear within
the Resource Conservation and Recovery Act, 42 USC 6901 et seq, as amended, or within any
state statute governing the generation, treatment, storage and disposai of waste; or (b) arrange
for the transportation, treatment, or disposal of hazardous substances, as described in the
Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601, et. seq,
as amended. The City agrees to defend, indemnify and hold harmless the Engineer, its
employees, subcontractors and agents from all ciaims, losses, damages liability and costs,
including attorneys' fees, relating to or arising out of hazardous or toxic materials at or near a
Project.
4.10. Governinq Law
This Agreement shall be governed by the laws of the State of Minnesota and any dispute or
dispute resolution process shall be venued in Washington County, Minnesota.
4.11. inteqration
This is an integrated Agreement and it supersedes alI prior negotiations or agreements between
the parties. It shall be modified only by a written document signed by the party sought to be
bound. Unless substantially affecting the basis of the bargain between the City and Engineer, the
provisions of this Agreement are severable, and if any provision is found to be unenforceable, the
remaining provisions continue to be valid, and the unenforceable provision shall be reformed with
a valid provision that comes as near as possible to expressing the intention of the unenforceable
provision.
4.12. Assiqnment and Waiver
Except for the Engineer's use of necessary consuitants, the Engineer and the City shall not
assign or delegate their respective obiigations under this Agreement without the written consent
of the other party, which consent shall not be unreasonably withheld. The waiver of any term or
condition or breach thereof by either party shall not constitute a waiver of any other term or
condition or breach thereof.
4.13 Enqineew's Services
In performing professional engineering and related services, the Engineer is not engaged in
rendering legal, insurance, or accounting services or advice. Engineer does not provide legal
review of the Contract Documents or any accounting or insurance counseling services for the
Project. The City is responsible for its own review of legal, insurance and accounting matters.
Engineer does not provide inspection or monitoring services to verify that Contractor is complying
with safety laws and regulations or that Contractor is taking necessary safety precautions to
protect persons and property.
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4.14 Government Aaencies
The Engineer shall not be liable for damages resulting from the actions or inactions of
government agencies, including without limitation permit processing, environmental impact
reports, dedications, zoning matters, annexations or consolidations, use or conditional use
permits, and building permits. This Section 4.13 does not immunize Engineer from liability for its
own contributory negligence.
4.15. Monitorinq Construction Work
Subject to its duties under Section 4.1 above, during the Construction Phase, the Engineer will
not supervise, direct, control, or have authority over or be responsible for the Contractor's means,
methods, techniques, sequences, or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of the Contractor to compiy with laws and regulations
applicable to the work.
4,16. Americans with Disabilities Act
The Engineer shall use reasonable professional effort and judgment in interpreting and advising
the City as to the necessary requirements for the Project to comply with the Americans with
Disabilities Act (ADA). The Engineer shall rely on the local building department for interpretations
of the ADA at the time the service is rendered. The Engineer does not warrant or guarantee that
the Project will fully comply with interpretations of ADA requirements by regulatory or judiciai
bodies.
4.17. Annuai Performance Review
The City and Engineer will annually at the end of January participate in a review of the Engineer's
performance. City participants will be at the discretion of the City Representative. Engineer
participants shall include the Engineer's Client Services Manager and others as may be
requested by the City Representative or desired by the Engineer.
4.18. Proiect De-briefinps
City and Engineer shall mutually conduct for each Project a de-briefing after completion of
construction and Project close-out, at a date to be mutually agreed upon by the parties for each
Project.
SECTION 5. LIABI�ITY
Having considered the potential liabilities that exist during the performance of the Engineer's services, the
benefits of a Project, the Engineer's fee for its services, and the promises contained in this Agreement,
the City and the Engineer agree that risks should be allocated in accordance with this section, to the
fullest extent permitted by law.
5.1. Indemnification
The Engineer and the City each agree to defend and indemnify each other from liability for third-
party claims, losses, damages or expenses (including reasonable attorney's fees) to the extent
they are caused by their negligent acts, errors or omissions relating to this Agreement. In the
event the claims, losses, damages or expenses are caused by the Engineer's or City's joint or
concurrent negligence, they shall be borne by each party in proportion to its own adjudged
negligence. This section is not intended to limit the parties' rights to common law contribution or
indemnity for intentional torts or other wrongful acts.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and
year first above written.
ENGINEER:
SHORT ELLIOTT HENDRICKSOfV INC.
CITY:
CITY OF COTTAGE GROVE, MN
�
Date
B y —
Date
And by
Date
Sandra Shiely, Mayor
Ryan Schroeder, Administrator
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F • �. •�. � •
The Engineer's Basic Services for construction projects consist of the Design Engineering Phase and the
Construction Engineering Phase, which are described below.
Design Engineering Phase
1. Feasibilitv Studv / Reaort
Upon receipt of the City's authorization to proceed with the Feasibility Study/Report, the Engineer will:
1.1. After consuiting with the City, prepare an engineering feasibility report on the Project. The report
will indicate the scope of the Project and inciude the following elements:
1) Summary of preliminary design alternatives and recommendations;
2) Engineer's Preliminary Opinion of Probable Construction Cost;
3) Administrative, Iegal, bonding and engineering cost estimates based on a percentage of the
construction cost;
4) List of permits required from other governmental and administrative bodies;
5) Project sketches indicating the general nature of the proposed Project improvements;
6) Proposed funding sources.
12. Outline the anticipated permanent and temporary easements and rights-of-way needed for the
construction of the Project.
1.3. Present the Feasibility Report to the City Engineer for approval. Subsequently, submit seven
copies of the Feasibility Report to the City Engineer five calendar days before review by the City
Council.
1.4. Provide maps and diagrams (hardcopy and digital) which depict the nature and location of the
Project, for presentation by the City Engineer to the City Council at a public hearing.
2. Final Desipn
Upon receipt of City authorization to proceed with the Final Design, the Engineer will:
2.1. Design and prepare detailed plans and specifications for the Project. During the design and
preparation of the plans and specifications, the Engineer will periodically consult with the City's
appointed representative to obtain the Citys comments. Engineer will submit a copy of 50%
complete plans and 90% complete pians to the City Engineer for review. Upon completion of the
plans and specifications, the Engineer will submit seven sets of the plans and specifications for
review by the City Engineer, seven calendar days prior to their review and approvai by the City
Council at a public meeting.
22. Prepare the Contract Documents, which inciude:
1) Construction agreement forms
2) Payment and performance bond forms
3) General conditions
4) Special provisions
5) Specifications
6) Detailed plans
7) Proposal forms
The Engineer will furnish Contract Document sets in sufficient quantity to satisfy the number of
anticipated bidders.
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2.3. Advise the City as to necessary services in addition to those furnished by the Engineer, such as
land and easement surveys, soil borings, testing services and other information needed for a
Project. If authorized by the City, the Engineer wiil assist the City to procure these services. The
providers of these services will contract directly with the City and issue invoices directly to the
City.
2.4. Prepare a statement of the Engineer's estimate of construction cost for the Project, based upon
designs established to this point.
2.5. Upon receipt of City Council authorization to proceed, the Engineer will assist the City in obtaining
and analyzing construction bids for the Project. Based on the bids, the Engineer will prepare a
recommendation for award.
Construction Phase
Engineer shali provide the services of a Resident Project Representative ("RPR") at the Project site to
assist the Engineer and to provide more extensive observation of the work of the contractor on a Project
("Contractor"). Duties, responsibilities, and authority of the RPR are as set forth in Appendix F. Subject to
the Engineer's duties under Section 4.1 of the Professional Services Agreement above, the furnishing of
such RPR services will not extend Engineer's responsibi�ities or authority beyond the specific limits set
forth below.
Upon receipt of City authorization to proceed with the Construction Phase of the Project, the Engineer
will:
1.1. Organize, attend and assist the City at the pre-construction conference with the successful
bidder, and any other parties, bodies, or agencies who have an interest in the Project. This work
will include:
• Sending notice of the meeting to invited attendees
e Preparing an agenda
• Preparing and distributing minutes of the meeting to all attendees
12. Provide construction survey staking.
1.3. Visits to Site and Observation of Construction In connection with observations of the Contractor's
work in progress while it is in progress:
Make visits to the Sfte at intervais appropriate to the various stages of construction, as
Engineer deems necessary, in order to observe as an experienced and qualified design
professional the progress and quality of the contractor's work ("Work"). Such visits and
observations by Engineer and the Resident Project Representative are not intended to be
exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed
inspections of Contractor's work in progress beyond the responsibilities specifical{y assigned
to Engineer in this Agreement and the Contract Documents, but rather are to be limited to
spot checking, selective sampling, and similar methods of general observation of the Work
based on Engineer's exercise of professional judgment as assisted by the Resident Project
Representative. Based on information obtained during such visits and such observations,
Engineer will determine in general if Contractor's work is proceeding in accordance with the
Contract Documents, and Engineer shall keep City informed of the progress of the Work.
b. The purpose of Engineer's visits to, and representation by the Resident Project
Representative at, the Site will be to enable Engineer to better carry out the duties and
responsibilities assigned to and undertaken by Engineer during the Construction Phase, and,
in addition, by the exercise of Engineer's efforts as an experienced and qualified design
professional, to provide for City a greater degree of confidence that the completed Work will
conform in general to the Contract Documents and that the integrity of the design concept of
the completed Project as a functioning whole as indicated in the Contract Documents has
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6een imp�emented and preserved by Contractor. Engineer shall not, during such visits or as
a result of such observations of Contractor's work in progress, supervise, direct, or have
controi over Contractor's work, nor shall Engineer have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected by
Contractor, for safety precautions and programs incident to Contractor's work, or For any
faiiure of Contractor to compiy with Laws and Regulations appiicable to Contractor's
furnishing and performing the Work. Accordingly, Engineer neither guarantees the
performance of any Contractor nor assumes responsibility for any Contractor's failure to
furnish and perform its work in accordance with the Contract Documents.
1.4. Review of shop drawings, samples and other submittals. Engineer shall review shop drawings,
samples and other submissions of the Contractor solely for their general compatibility with the
Engineer's design intent and conformance with information given in the Contract Documents. The
Engineer shali not be responsible for any aspects of a shop drawing submission relating to the
duties of the Contractor (such as the means, methods, techniques, sequences and operations of
construction, safety precautions and programs incidental thereto) ali of which are the Contractor's
responsibility, and not the responsibility of the Engineer.
1.5. Review the Contractor's request for progress payments, advise the City in writing as to the
Engineer's opinion of the extent of the work completed in accordance with the terms of the
Construction Contract, and issue for processing by the City all requests for payment.
1.6. Make recommendations to the City as to all claims relating to the execution and progress of the
Work.
1.7. Issue such additional instructions to the Contractor as may be necessary to interpret the drawings
and specifications or the illustrated changes required in the Contractor's work.
1.8. After consulting with the City, prepare Change Orders for work not covered by the Contract
Documents or for substantial over-run of estimated "contract quantities" as defined in the
ProjecYs Contract Documents, for the City's approval and execution. Change Orders shall be
processed as soon as practical after the City provides written approval to the Engineer. The City
understands that Change Orders may be required during a Project for many reasons, including
because of incompleteness, errors, or ambiguities in the Construction Documents. The Engineer
shall not be liable for any type or quantity of Change Orders that are within professional
standards. In no event shali the Engineer be responsible for paying the cost of a Change Order or
other change to the extent that it would have been otherwise necessary to a Project or otherwise
adds value or betterment to a Project.
1.9. Conduct construction progress reviews with the Contractor and the City related to the
Contractor's date of completion.
1.10. Coordinate periodic field tests during the course of construction Work.
1.11. Conduct an inspection to determine if the Work is substantiaily complete. On the basis of its on-
site observations, the Engineer shail prepare a"punch IisY' for the Contractor, listing work (or
items that are unacceptable, including rejected work) left to be completed by the Contractor.
1.12. Conduct, in the presence of the City's Representative, a final inspection of the Project as
constructed to determine whether, to the best of Engineer's knowledge, information, and belief
and based on the extent of the services provided by Engineer under this Agreement, it:
1) Conforms with the Engineer's design concept of the Project as contained in the Contract
Documents, and
2) Is constructed in accordance with the Contract Documents.
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The Engineer shali certify a recommendation for acceptance of the Work to the City and then
shall forward to the City a written approval of the Contractor's Request for Final Payment which
shall be signed by the Contractor.
By recommending any payment, Engineer shall not thereby be deemed to have represented that
observations made by Engineer to check the quaiity or quantity of Contractor's work as it is
performed and furnished have been exhaustive, extended to every aspect of Contractor's work in
progress, or involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in this Agreement and the Contract Documents.
1.13. Arrange for the City to receive detailed instructions regarding the operation and maintenance of
any equipment, machinery or apparatus installed as part of the Project. Such instructions shall be
supplied by the Contractor and manufacturers' representatives.
1.14. Collection of field-measured quantities required to produce "Record Plans."
The Engineer's review of the Contractor's Work (including reviewing the Contractor's shop drawings and
samples, work product and requests for payments) do not increase the responsibility or duties of the
Engineer beyond those explicitly described elsewhere in this Agreement, including but not limited to
Engineer's duties under Section 4.1 of the Professionai Services Agreement. By making these review
efforts, the Engineer does not guarantee the performance of the Contractor or assume responsibility for
any acts or omissions of the Contractor, including any faiiure of the Contractor to properly perform its
work or comply with its obligations, and the City's sole remedy for the Contractor's acts or omissions is
from the Contractor and not the Engineer.
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1. Pre-Authorized Supplemental Services
Engineer shall perform or furnish, without requesting or receiving specific advance authorization from
City, the Supplemental Services of the types listed below.
1.1. Preliminary surveying.
1.2. Assisting the City in preparing applications necessary for approvais, permits and licenses from
other entities, such as the Minnesota Department of Transportation, Minnesota Department of
Health, Minnesota Poilution Control Agency, Minnesota Department of Natural Resources, U.S.
Army Corps of Engineers, Federal Emergency Management Agency, watershed districts,
railroads, and private utilities, and making any unanticipated changes resulting therefrom.
1.3. Making revisions in drawings, specifications or other documents when such revisions are:
1.3.1. Requested by the City and are inconsistent with approvals or instructions previously given by
the City;
1.3.2. Required by the enactment or revisions of codes, laws or regulations subsequent to the
preparation of such documents;
1.3.3. Due to changes required as a resuit of the City's failure to render decisions in a timely
manner; or
1.3.4. Due to any other causes beyond the Engineer's control.
1.4. Providing consultation regarding the replacement of ail such parts of the Project as may be
damaged by fire or other cause during construction and assisting the City in arranging for
continuation of the work should the Contractor default for any reason.
1.5. Providing services made necessary by the default of a Contractor, by major detects or
deficiencies in the work of a Contractor, or by failure of performance of either the City or a
Contractor under the Contract for construction.
1.6. Construction dispute resolution assistance.
1.7. Providing services in connection with warranty work to be done by the Contractor.
1.8. Prepare and furnish the City a set of reproducible "Record Plans" of the construction Project
showing those changes ihe Engineer considers significant which were made during the
construction process, based on marked-up prints, drawings, and other data furnished by the
Contractor, upon which the Engineer may rely in preparing the Record Pians. Documents shall
include:
• Seven sets of plans at a sheet size of 11" x 17"
� Three sets of plans at a sheet size of 22" x 34"
s Copies of the digital CAD files on CD-R in .dxf format with all reference files
a Copies of the digital specification files on CD-R in .pdf format
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2. Other Potential Supplemental Services
If authorized by the City, the Engineer will provide the following services:
2.1.
22.
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
2.10.
2.11.
2.12.
2.12.1.
2.12.2.
2.13.
2.14.
2.15
2.16.
Pre-project concept development. This work includes assisting the City with defining the scope ot
a Project.
Transportation engineering and planning services, including:
Transportation analysis which encompasses and benefits an area greater than that of the
Project.
Traffic signing and pavement marking design.
Traffic analysis, signal justification reports, and development of signal timing associated with
preparing traffic signal plans and specifications.
Traffic analysis required for roadway and intersection geometric design.
Project development reports (project path and design study) required for Mn-DOT-funded
projects.
Attendance at neighborhood meetings.
Assistance with assessments.
Attendance at and assistance with assessment hearings.
Assistance with easements.
Operator training.
Preparation of detailed operation and maintenance manuals.
User rate studies.
Pilot testing.
Preparation of applications for funding assistance.
Hydraulic and hydrologic studies, such as:
Hydraulic analysis benefiting an area greater than that of the Project.
Stormwater, surface water and groundwater quality analyses.
Attendance at more than one public hearing per Project.
Assisting the City or its representative in connection with mediation, arbitration, litigation or other
proceedings involving the Project, including preparing to testify and testifying as an expert
witness.
Providing one or more full-time Resident Project Representatives (and assistant[s]) in order to
provide the City with continuous representation at the Project site during the Construction Phase,
but only if requested by the City or recommended by the Engineer and authorized by the City.
Providing any other service not otherwise included in Basic Services or not customarily furnished
in accordance with generally accepted engineering practice.
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Apperadix C
The City's Responsibilities
The City shall:
1) Provide full information as to its requirements for a Project. The City will adequately define the
scope of a Project. Assistance by the Engineer during the scoping phase will be compensated as
a Supplemental Service.
2) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy
of any planning, design and construction standards which the City shall require the Engineer to
follow in preparation of Contract Documents for a Project.
3) Place at Engineer's disposal all available written data pertinent to the Project, including existing
reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and
zoning maps, borings and other data affecting the design and/or construction of a Project.
4) Acquire aii land, easements, and rights-of-way for the Project and provide for land surveys and
the preparation of legal descriptions and exhibits, certificates or plats.
5) Provide access to the Project site and make all provisions for the Engineer to enter upon public
and private lands as required by the Engineer to perform its services.
6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications,
drawings, proposals and other documents presented by the Engineer and promptly accept or
reject each of such documents.
7) Designate a single person to act as the City's Representative with respect to the Engineer's
services. Such person shall have complete authority to transmit instructions, receive information,
and interpret and define the City's policies and decisions with respect to services covered by this
Agreement, subject to City Councii approval when required by law.
8) Give prompt written notice to the Engineer whenever the City observes or otherwise becomes
aware of any defect in the Project or any development that affects the scope or timing of the
Engineer's services; provided, however, that this section shall not affect or otherwise limit the
statute of limitations applicable to claims the City may have arising out of a defect in the Project.
9) Furnish, or instruct the Engineer to provide at the City's expense, necessary "Other Potential
Supplemental Services" as provided in Appendix B as they may be needed for a Project,
provided, however, that this paragraph shall not affect any period on any statute of limitations.
10) Furnish to the Engineer, as required by the Engineer for performance of its services, information
or consultations not covered in the Engineer's Basic Services, such as core borings, probings and
subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment; appropriate professional interpretations of all of the foregoing; properfy,
boundary, easement, and right-of-way surveys and property descriptions; zoning and deed
restrictions.
11) Furnish environmental assessments, audits, investigations and impact statements, and other
relevant environmental studies for the Project, the site and adjacent areas.
12) Furnish approvals and permits from all governmentai authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
work.
13) Act promptly on ali construction Change Orders and provide authorization before Change Orders
are issued to the Contractor on a Project.
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Con34eUCtlon CoS4 of the PPOjeCt. The Fee for Design Engineering Basic Services is a
percentage of the "Construction Cost of the Project," which is the total cast of all work designed or
specified by the Engineer for the Project, including change orders. It is determined as follows, with
precedence in the order listed:
1) For completed construction, the costs to the City of all construction work performed, including the
value of all alternates designed, whether awarded or not.
2) For construction work bid but not constructed, the lowest bona fide bid received from a qualified
bidder, including the value of all alternates designed, whether awarded or not.
3) For work for which bids have not been received, the Engineer's latest Opinion of Probable
Construction Cost.
"Construction Cost of the ProjecY' daes not include:
1) Any payments to the Engineer or its consultants.
2) The cost of the land or right-of-way.
3) Other costs which are the responsibility of the City described in Appendix C that were not
specified hy the Engineer.
Determining the fee for Design Engineel'ing BasiC ServiCes. For providing Design
Engineering Basic Services on construction projects, the City shall pay the Engineer as foliows (the
"Fee°):
1) For projects where the Engineer believes the construction cost will be more than $100,000, the
City shail pay the Engineer a percentage of the Construction Cost of the Project as outlined in the
table below. For construction costs greater than $4,000,000, the fee will be negotiated by the
parties.
For a construction cost between listed amounts, the fee will be interpolated.
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For the following types of construction projects, the above table does not apply. The fee (and the
scope of Basic Services) wili be negotiated by the parties for each such Project:
a) Projects involving process engineering (e.g., pumping stations, wells, etc.)
b) Projects which require outside funding agency approval
c) Structural facilities (e.g., pumphouses, bridges, retaining walis, etc.)
d) Park work and landscape architecture
e) Multi-agency projects
f) Traffic signal projects
2) For projects where the Engineer believes the construction cost wiil be less than $100,000, the
City shall pay the Engineer for Basic Services on an hourly basis in accordance with Appendix E,
Billing Rate Schedule. As an alternative for a particular Project if agreed to by both parties, the
City shall pay the Engineer on a lump sum basis where, for each such Project, the amount is
negotiated Between the two parties.
3. Payment fo1' Fe�sibility Study ! RepOPt. For completion of the Feasibillty Study / Report
portion of the Design Engineering Phase, City shail pay Engineer on an hourly basis according to the
rates in Appendix E. As an alternative for a particular Project if agreed to by both parties, the City shall
pay the Engineer on a lump sum basis where, for each such Project, the amount is negotiated
between the two parties. The amount paid for the Feasibility Study / Report shaii be credited against
the Fee if and when the Project moves forward into Final Design, subject to the following:
1) The amount of the credit shall not exceed 20 percent of the Design Fee, and
2) A partial credit shaii be issued for studies:
a. That exceed the normal scope of services for the Feasibility Study/Report, and
b. In situations where only a part of the study recommendations proceed to Final Design.
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A. Engineer shall furnish one or more Resident Project Representatives ("RPR"), assistants, and
other field staff to assist Engineer in observing progress and quality of the Work. The RPR,
assistants, and other field staff under this Appendix F inay provide full time representation or may
provide representation to a lesser degree. In addition, Engineer may appoint individual(s) to act
as Engineer's representative with respect to the services to be performed or furnished by
Engineer under this Agreement. Such individual(s) shall have authority to transmit instructions,
receive information, and render decisions relative to the Project on behalf of the Engineer.
B. Through such additionai observations of Contractor's work in progress and fieid checks of
materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further
protection for City against defects and deficiencies in the Work, pursuant to the standard of care
as provided in section 4.1 of the Professional Services Agreement. However, Engineer shall not,
during such visits or as a result of such observations of Contractor's work in progress, supervise,
direct, or have control over the Contractor's Work nor shall Engineer have authority over or
responsibility for the means, methods, techniques, sequences, or procedures selected by
Contractor, for safety precautions and programs incident to the Contractor's work in progress, for
any failure of Contractor to comply with laws and regulations applicable to Contractor's
performing and furnishing the Work, or responsibility of construction for Contractor's failure to
furnish and perform the Work in accordance with the Contract Documents.
C. The duties and responsibilities of the RPR are limited to those of Engineer in this Agreement with
the City and in the Contract Documents, and are further limited and described as follows:
General: RPR is Engineer's agent at the Site, will act as directed by and under the
supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's
dealings in matters pertaining to the Contractor's work in progress shall in general be with
Engineer and Contractor, keeping City advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of Contractor.
RPR shall generally communicate with City with the knowledge of and under the direction of
Engineer.
2. Schedu/es: Review the progress schedule, schedule of Shop Drawing and sample submittals,
and schedule of values prepared by Contractor and consult with Engineer concerning
acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project-related meetings, and
prepare and circulate copies of minutes thereof.
4. Liaison:
a. Serve as Engineer's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract Documents.
b. Assist Engineer in serving as City's liaison with Contractor when Contractor's operations
affect City's on-site operations.
c. Assist in obtaining from City additionai detaiis or information, when required for proper
execution of the Work.
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5. Interpretation of Contracf Documents: Report to Engineer when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by Engineer.
6. Shop Drawings and Samples:
a. Record date of receipt of samples and approved Shop Drawings.
b. Recelve samples which are furnished at the Project site by Contractor, and notify
Engineer of availability of samples for examination.
c. Advise Engineer and Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or sample submittal for which RPR believes that the submittal
has not been approved by Engineer.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings
or specifications and report with RPR's recommendations to Engineer. Transmit to
Contractor in writing decisions as issued by Engineer.
8. Revrew of Work and Rejection of Defective Work:
a. Conduct on-site observations of Contractor's work in progress to assist Engineer in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress
will not produce a completed Project that conforms generally to the Coniract Documents
or will prejudice the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents, or has been damaged, or
does not meet the requirements of any inspection, test or approval required to be made;
and advise Engineer of that part of work in progress that RPR Believes should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
9. Inspections, Tests, and System Startups:
a. Consult with Engineer in advance of scheduled major inspections, tests, and systems
startups of important phases of the Work.
b. Verify that tests, equipment, and systems start-ups and operating and maintenance
training are conducted in the presence of appropriate City's personnel, and that
Contractor maintains adequate records thereof.
c. Observe, record, and report to Engineer appropriate details reiative to the test
procedures and systems startups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections, and report to Engineer.
10. Records:
a. Maintain at the Project site orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents inciuding all Change Orders, fieid orders,
work change directives, addenda, additional drawings issued subsequent to the
execution of the Contract, Engineer's clarifications and interpretations of the Contract
Documents, progress reports, Shop Drawing and sample submittals received from and
delivered to Contractor, and other Project related documents.
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b. Prepare a daiiy report or keep a diary or log book, recording Contractor's hours on the
Project site, weather conditions, data relative to questions of Change Orders, field orders,
work change directives, or changed conditions, site visitors, daily activities, decisions,
observations in general, and specific observations in more detail as in the case of
observing test procedures; and send copies to Engineer.
c. Record names, addresses and telephone numbers of ail Contractors, subcontractors,
and major suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of ail RPR Project documentation to
Engineer.
11. Reports:
a. Furnish to Engineer periodic reports as required of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
b. Draft and recommend to Engineer proposed Change Orders, work change directives, and
field orders. Obtain backup material from Contractor.
c. Furnish to Engineer and City copies of all inspection, test, and system startup reports.
d. Report Immediateiy to Engineer the occurrence of any Project site accidents, any
hazardous environmentai conditions, emergencies, or acts of God endangering the Work,
and property damaged by fire or other causes.
12. Payment Requests: Prepare and review Applications for Payment with Contractor for
compliance with the establishsd procedure for their submission and forward with
recommendations to Engineer, noting particularly the relationship of the payment requested
to the schedule of values, Work completed, and materiais and equipment delivered at the
Project site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that
materials and equipment certificates, operation and maintenance manuals and other data
required by the specifications to be assembled and furnished by Contractor are appiicable to
the items actualiy installed and in accordance with the Contract Documents, and have these
documents delivered to Engineer for review and forwarding to City prior to payment for that
part of the Work.
14. Completion:
a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list
of observed items requiring compietion or correction.
b. Observe whether Contractor has arranged for inspections required by Iaws and
regulations, including but not Iimited to those to be performed by public agencies having
jurisdiction over the Work.
c. Participate in a final inspection in the company of Engineer, City, and Contractor and
prepare a final Ilst of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make
recommendations to Engineer concerning acceptance and issuance of the Notice of
Acceptability of the Work.
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D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or
equipment (including "or-equal" items).
2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract
Documents.
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's
superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of Contractor's work unless such advice or
directions are specificaiiy required by the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety precautions and
programs in connection with the activities or operations of City or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off-site by others
except as specifically authorized by Engineer.
7. Accept Shop Drawing or sample submittals from anyone other than Contractor.
8. Authorize City to occupy the Project in whole or in part.
C:1Documents and Settings\jlevitNlocal SettingslTemporary Intemet Files\OIKF\PSA Contract 2007.DOC 21
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Survey Van
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Computer Charges per Direct Hom• of Labor
F.ngineering Computers
Compaq AutoCAD Computers
Word Yrocessing Computers
Total Station wiLh AuToLock
Tota( Station wifhoutAutoLock
G]obaL Positioning System (GPS)
$3.00/hour
$ I2.00/hour
$20.00/hour
$7.50/hour
$20.00/how�
$10.00/hour
$25.00/hour
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UT Gauge (MeTal Thickness)
Elcometer (Adhesion Shength)
Dry P'ilm Thickness Gauge
Nuclear l�ensity Tester
Flow Meters
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L�ffective: January 1, 2007
Expires: December 31, 2007
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$0.485/mile
$13.00/day
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$25.00/uniUcount
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$100.00/day
$100.00/day
$340.00/week
$20.00/day*
$20.00/day*
$20.00/day*
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$12.00/day*
$200.00/week
$75.00/week
$30.00/day*
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Peices are subjeet to change on a quartexly basis and may not be
accompanied by immec{iate notifieation.
Effective: January 1, 2007
Expires: December 3't, 2007
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Pxoject �ngineer/ArchitecUPlanner/Scicntist
Sta�ff Engineer/ArchitecUPlanner/ScienYist
Lead Technician
Senior Technician
Technician
Assoeiate Technician
Word Processor
General Clexical
Gxaphic Dcsigners
Field 6taff
Lead Project Representative
Sr. Pxojeet Representative
Froject Representative
Survey Party Chief
Survey Instrument Operator
Survey Assistant
��� The actaa( rate charged is dependent upon the
hourly raYe of the employee assigned to the
project. The xates shown are subject to change.
Effective: Januacy l, 2007
Expires: December 31, 2007
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$133.80 - $192.20
$109.80 - $178.50
$9310-$16130
$81.20 - $127.00
$82.40 - $130.40
$78.90 - $110.00
$5830 - �99.50
$52.30 - $74.20
$56.00 - $82.65
$49.75 - $82.65
$75.20 - $102.80
$89.20 - $135.00
$85.80 - $120.10
$65.00 - $103.00
$73,05 - $133.45
$62.50 - $77.95
$46.00 - $76.00