HomeMy WebLinkAboutILA - 2021-2026 Quad-City Water Right Reporting ProjectPROFESSIONAL SERVICES AGREEMENT
RH2 Project Number:
THIS AGREEMENT, made and entered into on this _gam t� day of i''I,O rC h , 20_Ll _, by and
between the City of West Richland, A MUNICIPAL CORPORATION hereinafter called the "CLIENT," and the
consulting firm RH2 Engineering, Inc., whose address is, 22722 29th Drive SE, Suite 210, Bothell,
Washington 98021, at which work will be available for inspection, hereinafter called the "CONSULTANT."
PROJECT NAME: 2021 to 2026 Quad -city Water Right Reporting
WHEREAS, the Client deems it advisable to engage the professional services and assistance of a qualified
professional consulting firm to do the necessary engineering work for the project.
WHEREAS, the Consultant operates in compliance with the statutes of the State of Washington for
registration of professional engineers, has a current valid corporate certificate from the State of
Washington or has a valid assumed name filing with the Secretary of State, and that personnel to be
assigned to the work required under this Agreement are qualified to perform the work to which they will
be assigned, and that sufficient qualified personnel are on staff or readily available to the Consultant to
staff this Agreement.
WHEREAS, the Consultant will perform the work set forth in the Agreement upon the terms and conditions
set forth below and in the following Exhibits:
Exhibit A
Scope of Work
Exhibit B
Fee Estimate
Exhibit C
Schedule of Rates and Charges
NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained
herein below, the parties hereto agree as follows:
SCOPE OF WORK
The Consultant shall facilitate completion of the work described in Exhibit A which is attached hereto and
incorporated into this Agreement. The Consultant shall make minor changes, amendments or revisions in
the detail of the work as may be required by the Client. This item does not constitute an "Extra Work"
item as related to the "Extra Work" section of the Agreement. The Consultant is entitled to rely on the
accuracy and completeness of any data, information, or materials provided by the Client or others in
relation to the work.
STANDARD OF CARE
The Consultant shall be held to the same standard of care as is ordinarily practiced by other similar design
professionals in that discipline for comparable work provided in a similar locality.
DESIGN CRITERIA
The Client will designate the basic premises and criteria for the work needed. Reports and plans, to the
extent feasible and reasonable, shall be developed in accordance with the latest edition and amendments
of applicable local and State regulations, guidelines, and specifications.
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OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Ownership of the source files of any reports, data, studies, surveys, charts, maps, drawings, specifications,
figures, photographs, memoranda, and any other documents which are developed, compiled, or produced
by the Consultant as a result of this Agreement, whether or not completed, shall remain with the
Consultant. Upon completion of the project, the Consultant shall provide the Client with tangible copies
of the project documents in accordance with Exhibit A. The Consultant shall retain ownership of the
source files and information developed .by the Consultant in preparing the project documents. The
Consultant shall provide the Client with electronic copies of the project documents, in accordance with
Exhibit A. in any of the following formats: Adobe Portable Document Format (PDF), AutoCAD® Drawing
Web Format (DWF) or JPEG (JPG). Any reuse of the project documents that is beyond the scope of the
project is prohibited without written authorization from the Consultant.
The Client acknowledges the Consultant's plans and specifications are instruments of professional service.
The Client agrees to hold harmless and indemnify Consultant against all claims made against Consultant
for damage or injury, including defense costs arising out of any reuse of such plans and specifications by
any third party without the written authorization of the Consultant.
Methodology, materials, software, logic, and systems developed under said Contract are the property of
the Consultant, and may be used as the Consultant sees fit, including the right to revise or publish the
same without limitation.
TIME OF BEGINNING AND COMPLETION
The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the
Client. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services
by factors that are beyond its control, the Consultant shall notify the Client of the delay and shall prepare
a revised estimate of the time and cost needed to complete the Project and submit the revision to the
Client for its approval, which shall not be unreasonably withheld. Time schedules are subject to mutual
agreement for any revision unless specifically described as otherwise herein.
PAYMENT
The Consultant shall be paid by the Client for completed work for services rendered under this Agreement
as provided hereinafter and as specified in Exhibit B and Exhibit C. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies, equipment,
and incidentals necessary to complete the work. All billings for compensation for work performed under
this Agreement will list actual time (days and/or hours) and dates during which the work was performed
and the compensation shall be figured using the rates in Exhibit C. Payment for the work shown in
Exhibit A shall not exceed $19,967 without a written amendment to this contract, agreed to and signed
by both parties. Payment for work stated in Exhibit A will be calculated based on the Consultant's hourly
rates stated in Exhibit C.
Payment for extra work performed under this Agreement shall be paid as agreed to by the parties in
writing at the time the extra work is authorized. (See "EXTRA WORK").
Finance charges, computed by a "Periodic Rate" of 1% per month, which is an annual percentage rate of
12% (applied to the previous month's balance after deducting payments and credits for the current
month), will be charged on all past -due amounts unless otherwise provided by law or by contract. Invoices
not paid within thirty (30) days will be considered past -due.
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Acceptance of final payment by the Consultant shall constitute a release of claims related to payment
under this Agreement which the Consultant may have against the Client unless such claims are specifically
reserved in writing and transmitted to the Client by the Consultant prior to its acceptance.
The Consultant shall keep available for inspection by the Client, for a period of three (3) years after final
payment, the cost records and accounts pertaining to this Agreement and items related to, or bearing
upon, these records. If any litigation, claim or audit is started before the expiration of the three-year
retention period, the records shall be retained until all litigation, claims or audit findings involving the
records have been resolved. The three-year retention period starts when the Consultant receives final
payment.
CHANGES IN WORK
The Consultant shall make revisions and changes in the completed work of this Agreement as are
necessary to correct Consultant's errors, when required to do so by the Client, without additional
compensation.
Should the Client find it desirable for its own purposes to have previously completed work or parts thereof
revised, the Consultant shall make revisions, if requested and as directed by the Client in writing. This
work shall be considered as "Extra Work' and will be paid for as provided in the Section "Extra Work."
EXTRA WORK
The Client may desire to have the Consultant perform work or render services in connection with the
Agreement in addition to or other than work provided for by the expressed intent of the Scope of Work.
Such work will be considered as Extra Work and will be specified in a written supplement which will set
forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing
by the Client. Any dispute as to whether work is Extra Work or work already covered under this Agreement
shall be mutually resolved by the parties before the work is undertaken.
EMPLOYMENT
The Consultant warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid
or agreed to pay any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warranty, the
Client shall have the right to annul this Agreement without liability, or in its discretion to deduct from the
Agreement price or consideration or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
Any and all employees of the Consultant, while engaged in the performance of any work or services
required by the Consultant under this Agreement, shall be considered employees of the Consultant only
and not of the Client, and any and all claims that may or might arise under the Workman's Compensation
Act on behalf of said employees, while so engaged in the work or services provided or to be rendered
herein, shall be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the
contract, any professional or technical personnel who are, or have been at any time during the period of
this contract, in the employ of the Client except regularly retired employees, without written consent of
the Client.
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NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or
for services because of race, creed, color, national origin, gender, marital status, sexual orientation, age,
or handicap except for a bona fide occupational qualification with regard to, but not limited to the
following: employment; promotions; demotion or transfer; recruitment or any recruitment advertising;
layoff or terminations; rates of pay or other forms of compensation; selection for training; and rendition
of services. The Consultant understands and agrees that if it violates this Non -Discrimination provision,
this Agreement may be terminated by the Client and further that the Consultant shall be barred from
performing any services for the Client now or in the future, unless a showing is made satisfactory to the
Client that discriminatory practices have terminated and that recurrence of such action Is unlikely.
TERMINATION OF AGREEMENT
The parties reserve the right to terminate this Agreement at any time upon not less than ten (10) days
written notice to the other party, subject to the Client's obligation to pay Consultant in accordance with
the subparagraphs below.
A. In the event this Agreement is terminated by the Client other than for fault on the part of the
Consultant, a final payment shall be made to the Consultant for actual cost for the work completed at
the time of the termination of the Agreement. In addition, the Consultant shall be paid on the same
basis as above for any authorized extra work completed. No payment shall be made for any work
completed after ten (10) days following receipt by the Consultant of the Notice to Terminate unless
otherwise agreed. If the accumulated payment made to the Consultant prior to the Notice of
Termination exceeds the total amount that would be due as set forth herein above, including any and
all extra work, then no final payment shall be due and the Consultant shall immediately reimburse the
Client for any excess paid.
B. In the event the services of the Consultant are terminated by the Client for actual fault on the part of
the Consultant, the above stated formula for payment shall not apply. In such an event the amount
to be paid shall be determined by the parties with reasonable consideration given to: the actual costs
incurred by the Consultant in performing the work to the date of termination; the amount of work
originally required which was completed by the Consultant in accordance with the standard of care
stated herein prior to the date of termination; the cost to the Client of employing another firm to
complete the remaining work required and the time which may be required to do so; and other factors
which affect the value of the work performed at the time of termination. Under no circumstances
shall payment made under this subsection exceed the amount which would have been made if the
formula set forth in subsection A had been applied.
C. The Consultant reserves the right to suspend performance of the work in the event of nonpayment by
Client for invoices furnished in accordance with the Payment provisions as listed herein. In the event
that Consultant suspends performance of the work, the Consultant and the Client shall make a good
faith effort to resolve the matter of nonpayment. Consultant shall resume work once such resolution
is reached and payment is received in full.
D. In the event this Agreement is terminated prior to completion of the work, the Consultant shall retain
ownership of the source files for all plans, reports, and documents prepared by the Consultant prior
to termination. The Client shall be provided with tangible and electronic copies of the documents in
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accordance with the "Ownership of Products and Documents to be Furnished by the Consultant"
section of the Agreement herein.
DISPUTES
The parties shall make a good faith effort to resolve disputes concerning questions of facts in connection
with work priorto initiating legal action. In the event that either party institutes legal action or proceedings
to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in
the courts of the State of Washington, situated in Benton County.
LEGAL RELATIONS
The Consultant shall comply with all federal, state and local laws and ordinances directly applicable to the
work to be done under this Agreement. This contract shall be interpreted and construed in accordance
with the laws of Washington.
The Consultant agrees to indemnify and hold harmless the Client, its officers and employees from claims,
demands or suits at law or equity directly resulting from Consultant's negligent acts, errors or omissions
under this Agreement, provided that nothing herein shall require the Consultant to indemnify the Client
against and hold harmless the Client from claims, demands, or suits resulting from the conduct of the
Client, its officers or employees. Provided further, if the claims or suits are caused by or result from the
concurrent negligence of (a) the Consultant, its agents, or employees, and (b) the Client, its agents, officers,
or employees, this provision with respect to claims or suits based upon such concurrent negligence shall
be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the
Consultant's agents or employees except as limited below.
The Consultant shall secure general liability, property damage, auto liability, and professional liability
coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless
waived or reduced by the Client. The Consultant shall submit to the Client a completed Standard ACORD
Certification Form as proof of insurance. This Form shall name the Client as an additional insured for
Consultant's applicable insurance policies.
All coverages provided by the Consultant shall be in a form and underwritten by a company acceptable to
the Client. The Client will normally require carriers to have a minimum A.M. Best rating of A VII. The
Consultant shall keep all required coverages in full force and effect during the life of this project, and a
minimum of thirty (30) days' notice shall be given to the Client prior to the cancellation of any policy.
The Consultant shall verify, when submitting the first payment invoice and annually thereafter, possession
of a current business license while conducting work for the Client. The Consultant shall require, and
provide verification upon request, that subconsultants participating in a Client project possess a current
business license.
The Consultant's relation to the Client shall be at all times as an independent contractor.
Any liability incurred by the Consultant as a result of this Agreement is limited to the fee amount as
stipulated within the Payment terms herein.
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the work covered by this Agreement without the express
consent of the Client.
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COMPLETE AGREEMENT
This document and referenced attachments contain all covenants, stipulations, and provisions agreed
upon by the parties. Any supplements to this Agreement will be mutually agreed upon in writing and will
become part of this Agreement. No agent or representative of either party has authority to make, and
the parties shall not be bound by or liable for, any statement, representations, promise, or agreement not
set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless
reduced to writing and signed by the parties as an amendment or "Extra Work" authorization to this
Agreement.
The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions
hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision
were omitted.
EXECUTION AND ACCEPTANCE
This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the supporting materials submitted
by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
�i
4
APPROVED - SIGNATURE
Paul R. Cross
PRINT NAME
APPROVED - SIGNATURE
PRINT NAME
Executive Vice President
3 1 .0 i
TITLE
TITLE J
l� 1z.202o
3 2021
DATE
DATE
RH2 Engineering, Inc, 2172219^ Drive SE, Sulte 210, BoMel4 WA 48021
Qty of West Richland, 3100 Belmont Blvd., Suite 102, Wet Rtchlmd, WA 99353
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EXHIBIT A
Scope of Work
City of West Richland
2021 to 2026 Quad -City Water Right Reporting
November 2020
Background
The Cities of Kennewick, Pasco, Richland, and West Richland (Cities) share the Quad -City Water Right
(QCWR) issued under Surface Water Permit No. S4 -30976P on September 15, 2003. The Cities
tabulate and report water supply, QCWR utilization, and mitigation requirements on a quarterly and
annual basis. These reports establish that the Cities are not exceeding their existing water rights and
that the Cities are meeting the mitigation requirements for the utilization of any water used under
the QCWR. The Cities have requested that RH2 Engineering, Inc., (RH2) tabulate the QCWR quarterly
and annual data and prepare the required annual reports for the years 2021 through 2026.
The Cities also are required to update the Regional Water Forecast Conservation Plan (RWFCP) on a
regular basis that coincides with each city's Water System Plan (WSP) update. Each city's current
WSP is approved by the Washington State Department of Health into 2027. The City wishes to
provide separate authorization for funding of this element of the Scope of Work. Preparation of each
city's WSP update is anticipated to primarily take place in 2026; therefore, the RWFCP will be
required to be updated in 2026 and submitted to the Washington State Department of Ecology
(Ecology). This Scope of Work includes preparation of the Cities RWFCP update report in 2026 but
will not be initiated or funded without written authorization from the City.
Task 1— 2021 to 2026 Data Support and Annual Reporting
Objective: Assist the Cities by obtaining the quarterly data from each city, calculating the required
and available mitigation, and preparing annual reports.
Approach:
1.1 Obtain quarterly data from the Cities, review provided values and units, and populate the
mitigation volumes on a quarterly basis. Report the comparison between required and available
mitigation water volumes to the Cities.
1.2 Provide the Cities with an annual report each year for 2021 through 2026 comparing required
and available mitigation water volumes based on the data obtained and calculated within
subtask 1.1.
Assumptions:
• RH2 can rely on the data provided by the Cities and the National Oceanic and Atmospheric
Administration (NOAH) and the United States Army Corps of Engineers (USACE) websites to
populate the Cities' withdrawals, returns, and actual Columbia River flows.
1
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City of West Richland
2021— 2026 Quad -City Water Right Reporting
Provided by the Cities:
Exhibit A
Scope of Work
• Data on a quarterly basis regarding withdrawals and return flows in Excel format.
• Submittal of the QCWR annual reports to Ecology.
RH2 Deliverables:
• Annual reports for 2021 through 2026 in PDF.
Task 2 — 2026 RWFCP Update (Future Task)
Objective: Assist the Cities in preparing the 2026 RWFCP Update. Coordinate with Ecology
throughout the development of the RWFCP Update. No effort will be expended on this Task without
written authorization from the City.
Approach:
2.1 Attend one (1) kick-off meeting with the Cities and Ecology staff, and provide meeting agenda
and minutes.
2.2 Coordinate with Cities staff during the data collection process. This includes coordinating via
telephone, submitting the list of data needed, and reviewing data provided by the Cities.
2.3 Prepare a draft Chapter 1 of the RWFCP Update (introduction and Background).
2.4 Prepare a draft Chapter 2 of the RWFCP Update (Area Description), including current population
and customer information for each city, and a description of each city's water rights with and
without the QCWR.
2.5 Prepare a draft Chapter 3 of the RWFCP Update (Conservation Program Components), including
a summary of each city's water use efficiency goals and measures, calculations of each city's
2025 supply, consumption, leakage, and MciVary Pool return flows, and calculations of each
city's combined net withdrawals and consumption.
2.6 Prepare a draft Chapter 4 of the RWFCP Update (Regional Joint Use Strategy), including a
summary of historical QCWR allocation, use, and mitigation, projected (10- and 20 -year) QCWR
allocation, use, and mitigation, an updated BiOp Compliance Plan, and a list of any requests or
additional authorizations under the QCWR.
2.7 Transmit electronic PDF copies of the draft RWFCP Update chapters to the Cities for review and
comment.
2.8 Attend up to four (4) review meetings with the Cities and Ecology to present and discuss the
RWFCP status and findings. Provide meeting agendas and minutes.
2.9 Revise the RWFCP Update based on review comments received from the Cities and Ecology.
2.10 Prepare final RWFCP Update and provide to the Cities and Ecology.
Assumptions:
• Kick-off and review meetings will take place at the offices of one of the four (4) Cities.
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City of West Richland
2021— 2026 Quad -City Water Right Reporting
Exhibit A
Scope of Work
The RWFCP Update will be prepared in 2026, and will use year-end 2025 data as the basis for
the Cities existing water use at that time.
Provided by the Cities:
• Historical water supply, consumption, connection, and leakage information on a monthly
basis for 2016 through 2025.
• Additional 2026 WSP Update information applicable to the RWFCP Update.
• Attendance at kick-off meeting and up to four (4) review meetings.
• Draft RWFCP Update review comments.
• Payment of any review fees associated with Ecology's review or involvement with the RWFCP
Update process.
Provided by RH2:
• Attendance at kick-off meeting and up to four (4) review meetings. Meeting agenda and
minutes for each meeting will be provided in electronic PDF.
• Electronic PDF versions of the draft and final RWFCP Update will be provided to the Cities.
• Two (2) hard copies of the final RWFCP Update will be provided to Ecology.
Project Schedule
Annual reports will be completed for review by the Cities within 30 days of receipt of all four quarters'
data from each city.
The City will provide authorization for Task 2 as an Amendment to this Agreement. Upon receipt of
notice to proceed, the RWFCP Update preparation will begin (anticipated to occur in early 2026 and
following RH2`s receipt of the necessary 2025 year-end data from each of the four (4) Cities). RH2
will provide RWFCP Update draft chapters to the Cities within 60 days of receipt of all necessary data.
RH2 will update and finalize the RWFCP Update within 45 days of receipt of all review comments
from the Cities and Ecology.
3
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EXHIBIT B
Fee Estimate
City of West Richland
2021 to 2026 Quad -City Water Right Reporting
Nov -20
1.1 Obtain _quarterly data and report mitlgation water vokimes j 34 $ 5,502 _ $ - 5 329 ` $ 5,931
1.2 Prepare annual reports for 2021 through 2026 84 $ 13,470 `$ $ 656 $ 14,136
2.1
Total
8J$_
1,600
Descripti-
$_88t
Total Labor
TotalSubconsultant
Total Uper"
TotelCaat
Moura
---
1,130
—
$
J
28 $
1.1 Obtain _quarterly data and report mitlgation water vokimes j 34 $ 5,502 _ $ - 5 329 ` $ 5,931
1.2 Prepare annual reports for 2021 through 2026 84 $ 13,470 `$ $ 656 $ 14,136
2.1
Attend kick-off meeting
8J$_
1,600
$
$_88t
$
1,688
2.2
(Coordinate with Cities during data colku tan
6
---
1,130
—
$
J
28 $
1,158
2.3
Prepare draft RWFCP Chapter 1
5-
676
$
$
21 " $
697
2.4
Prepare draft RWFCP Chapter 2
— -
15
—
$
2,441
$
— $
125 $
2,566
2.5
Prepare draft RWFCP Chapter 3
32
$
5,830
$
$
219 $
6,049
2.6
Prepare draft RWFCP Chapter 4
32
$
5,830
$
$ W
219 $
6,049
2.7
Transmit draft RWFCP Update to cities
4
$
558
S
$_
14 $
572
2.8
Attend u Lo four 4 review meetf
j "�
31
V $
_
6,403 $$
_
350 5
-
6,753
2.9
- - —p -1 --
?Revise RWFCP Update percommens —
_
— - 17
$
2,827 $
9 $
98 ! $
2,925
2.10
Pyre final RFWCP Update
8
$
1,132 5
; - $
208 $
1,340
PROJECTTOTAL
276
1 $
47,3991 $
-
2,365 $
49,764
EXHIBIT C'
RH2 ENGINEERING, INC.
2020 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional 1
$144
$/hr
Professional II
$157
$/hr
Professional 111
$171
$/hr
Professional IV
$184
$/hr
Professional V
$196
$/hr
Professional VI
$212
$/hr
Professional VII
$227
$/hr
Professional VIII
$235
$/hr
Professional IX
$235
$/hr
Control Specialist 1
$130
$/hr
Control Specialist II
$141
$/hr
Control Specialist III
$155
$/hr
Control Specialist IV
$168
$/hr
Control Specialist V
$178
$/hr
Control Specialist VI
$191
$/hr
Control Specialist VII
$206
$/hr
Control Specialist Vill
$214
$/hr
Technician 1
$106
$/hr
Technician 11
$118
$/hr
Technician 111
$135
$/hr
Technician IV
$145
$/hr
Technician V
$157
$/hr
Technician VI
$172
$/hr
Technician VII
$187
$/hr
Technician VIII
$196
$/hr
Administrative 1
$72
$/hr
Administrative 11
$83
$/hr
Administrative 111
$98
$/hr
Administrative IV
$118
$/hr
Administrative V
$138
$/hr
CAD/GIS System
$27.50
$/hr
CAD Plots - Half Size
$2.50
price per plot
CAD Plots - Full Size
$10.00
price per plot
CAD Plots - Large
$25.00
price per plot
Copies (bw) 8.5" X 11"
$0.09
price per copy
Copies (bw) 8.5" X 14"
$0.14
price per copy
Copies (bw) 11" X 17"
$0.20
price per copy
Copies (color) 8.5" X 11"
$0.90
price per copy
Copies (color) 8.5" X 14"
$1.20
price per copy
Copies (color)11" X 17"
$2.00
price per copy
Technology Charge
2.50%
% of Direct Labor
Mileage
$0.575
price per mile
(or Current IRS Rate)
Subconsultants
15%
Cost +
Outside Services
at cost
Rates listed are adjusted annually.