Resolution No. 5854
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RESOLUTION NO. 5854
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT FOR
CONSULTING SERVICES BY AND BETWEEN THE
CITY OF VERNON AND MCLARENIHART
ENVIRONMENTAL ENGINEERING CORPORATION
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WHEREAS, the city of Vernon is desirous of obtaining
9 certain environmental engineering services; and
lO WHEREAS, McLarenlHart Environmental Engineering
II Corporation is desirous of performing such services and making
12 available its experience and expertise to the city of Vernon.
l3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
14 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The city Council of the City of Vernon
l6 hereby finds and determines that the recitals contained
l7 hereinabove are true and correct.
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SECTION 2: The City Council of the city of Vernon
19 hereby approves the Agreement for certain environmental
20 engineering services, a copy of which has been presented to the
2l City Council concurrently with this resolution and the City
22 Council hereby orders said Agreement to be received and filed by
23 the City Clerk.
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SECTION 3: The City council of the city of Vernon
25 hereby authorizes the Mayor and the City Clerk to execute said
26 Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the city of Vernon shall
certify to the passage of this resolution and thereupon and
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thereafter the same shall be in full force and effect.
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ATTE~
/:?-
BRUCE V.
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APPROVED AND ADOPTED this 20th day of November, 1990.
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~~~t~ gU~~~ Pro Tem
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STATE OF CALIFORNIA }
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the city of
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4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 5854, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly
7 held on Tuesday, November 20, 1990, and thereafter duly signed
8 by the Mayor of the city of Vernon.
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"EXECUTION COpy"
AGREEMENT FOR CONSULTING SERVICES
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THIS AGREEMENT FOR CONSULTING SERVICES is made and
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entered into this ;{o Lt'day of A,) ,)2-' ('/lV2k:L-, 1990
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THE CITY OF VERNON, a Municipal
Corporation, hereinafter referred
to as "CITY",
BY AND BETWEEN
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AND
McLAREN/HART ENVIRONMENTAL
ENGINEERING CORPORATION, (a
California corporation) herein-
after referred to as "CONSULTANT".
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WIT N E SSE T H:
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WHEREAS, CITY is desirous of obtaining certain
l2environmental engineering services; and
13 WHEREAS, CONSULTANT is desirous of performing such
l4 services and making available its experience and expertise to
15 CITY.
l6 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
17 PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS
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l8 MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
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1.
SERVICES TO BE PROVIDED.
CONSULTANT shall perform services for CITY as defined
2l in the attached Exhibit A.
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2.
EFFECTIVE DATE AND TERM.
This agreement shall become effective on
24 ()(jve/~ do, l'1cto and shall continue in full force and effect
25 until terminated as hereinafter provided.
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3.
TERMINATION.
28 without cause, provided the effective date of such termination
This agreement may be terminated by either party
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shall not be earlier than the expiration of fifteen (15) working
days following the mailing of written notice of termination to
the other party. Such termination shall terminate all work in
progress pursuant to this agreement. In the event CITY requests
termination of the services prior to completion of this
agreement, CONSULTANT shall be compensated for work actually
performed prior to the effective date of termination plus the
work required for filing any documents and terminating all work
in process including termination of any subcontracts.
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SUBCONTRACTS.
CITY reserves the right to review and approve any
subcontracts issued by CONSULTANT in connection with performance
of this agreement.
5. COST AND SCHEDULE.
CONSULTANT shall perform Task 1 and each RMPP review
(Tasks 2 - 5) as outlined in Exhibit A attached hereto on a
Time-and-Materials basis. CONSULTANT shall determine, for each
Facility the CITY will notify, an expected Scope of Work.
Assumptions regarding the number of meetings and estimated
amount of review time required will be presented to the CITY
prior to the start of each review project. CONSULTANT will
endeavor to perform the services and accomplish the objectives
within the estimated cost and schedule. CONSULTANT will notify
CITY upon the discovery of material variances, changes or other
unforeseen circumstances that may impact cost and schedule. In
such event, CITY and CONSULTANT will evaluate the changed
circumstances and negotiate an equitable adjustment in cost and
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schedule. Should the added work exceed CITY's budget
objectives, CITY has the option to terminate services at a
specific authorization level. Upon such termination, CONSULTANT
shall surrender all data, results and materials completed at the
authorized level to CITY without further obligation or liability
to either party except for payment of services performed.
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DELAYS.
If performance of all or any part of the work is for an
unreasonable period of time suspended, delayed, or interrupted
by causes beyond CONSULTANT's control in the performance of this
agreement, CONSULTANT shall be entitled to an equitable
adjustment in cost and schedule.
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INVOICING AND PAYMENT.
CONSULTANT's services shall be rendered on a fixed
price or time-and-expense basis in accordance with CONSULTANT's
attached rate schedule. Attached as Exhibit B is the rate
schedule applicable to this agreement from July 1990 to June
1991. The attached rate schedule may be adjusted on an annual
basis, thereafter, in accordance with CONSULTANT's then current
rate schedule and shall only be effective upon the approval of
the City Council. CITY shall pay CONSULTANT monthly within
thirty (30) days after the date of receipt of CONSULTANT's
invoice for services rendered.
Invoices will be issued monthly itemizing the labor
categories worked and the other direct costs. Supporting
documentation will be provided upon CITY's request. CONSULTANT
may, after giving seven (7) days written notice to CITY, suspend
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services without liability until the CITY has paid in full all
amounts due CONSULTANT on account of services rendered and
expenses incurred.
REIMBURSEMENT OF AUTHORIZED EXPENSES.
"Other direct costs" are all costs and expenses (other
than CONSULTANT labor) incurred by CONSULTANT that directly
attribute to the performance of services hereunder together with
a twenty percent (20%) burden for administrative overhead. CITY
shall reimburse CONSULTANT upon receipt of its statement for
expenses incurred including, but not limited to, outside
services and subcontracts, shipping, special fees, permits,
special insurance, licenses, miscellaneous materials, and travel
related expenses, such as meals and lodging when away from
CONSULTANT's normal place of business. No administrative burden
is charged for CONSULTANT's laboratory services, inventory
supplies, usage of CONSULTANT's computers, lease of CONSULTANT
owned equipment, or CONSULTANT vehicle mileage.
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CHANGES.
CITY may, at any time, by written order, make changes
within the gene~al scope of this agreement.
If any change causes an increase or decrease in any
hourly rate, the ceiling price or the time required for
performance of any part of the work under this a9reement,
whether or not changed by the Order, or otherwise affect any
other terms and conditions of this agreement, CITY shall make an
equitable adjustment in the (1) ceiling price, (2) hourly rates,
(3) delivery schedule, and (4) other affected terms, and shall
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modify the agreement accordingly. Upon notification by CITY, or
discovery of any change by CONSULTANT, CONSULTANT shall submit a
proposal for the changed work within thirty (30) days.
10. INDEPENDENT CONTRACTOR.
CONSULTANT is and shall perform its services under this
agreement as an independent contractor. CONSULTANT shall follow
standard practices of the engineering profession to make
findings, provide opinions, make factual presentations, and
provide professional advice and recommendations. CONSULTANT is
employed to render professional services only, and any payments
made by CITY are compensation solely for such services rendered.
CONSULTANT's review or supervision of work prepared or
performed by other individuals or firms employed by CITY shall
not relieve those individuals or firms of complete
responsibility for the adequacy of their work.
11. INSURANCE.
CONSULTANT shall maintain, during the life of the agreement, the
following minimum insurance:
Coveraqe
Limits
Workers' Compensation and
Employer Liability
Statutory
Commercial General
Liability including
bodily injury and
broad form blanket contractual
liability property damage
Automobile Liability
Owned, non-owned, hired
$1 Million
combined single
limit
$1 Million
combined single
limit
Professional Liability
$1 Million
Claims Made
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CONSULTANT shall furnish CITY with certificates of
insurance, evidencing the required coverages. CONSULTANT shall
name CITY, its officers and employees, as additional insureds on
the comprehensive general liability insurance policy. In
addition to the standard certificate of insurance, proof of each
policy shall be provided by a letter from the underwriter or
carrier certifying that the coverage and statements in the
standard certificate of insurance (attached thereto) are true
and correct and that the signator is an officer authorized to so
certify. certification of said letter by the insurance agent or
broker will not be accepted. All certificates shall provide
that each insurance carrier shall give CITY thirty (30) days
written notice prior to any action by the carrier to reduce or
terminate the policy.
12. HOLD HARMLESS
CITY shall hold CONSULTANT harmless against any
wrongful or negligent acts of CITY's off icers, employees,
agents, or others engaged by CITY and to indemnify CONSULTANT
against any liability, loss, cost or damages resulting
therefrom.
CONSULTANT shall hold CITY harmless against any
wrongful or negligent acts of CONSULTANT's officers, employees,
agents, or others engaged by CONSULTANT and to indemnify CITY
against any liability, loss, cost or damages resulting
therefrom.
13. ASSIGNMENT.
Neither this agreement nor any rights or obligations
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I hereunder may be assigned or otherwise transferred by either
2 party, nor shall this agreement inure to the benef it of any
3 trustee in bankruptcy, recei ver or creditor of either party,
4 whether by operation of the law or otherwise, without the prior
5 written consent of the other party. Any attempt to so assign or
6 transfer this agreement or any rights or obligations hereunder
7 without such consent shall be null and void and of no force and
8 effect.
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GOVERNING LAW.
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The validity, performance and construction of this
II agreement shall be governed by and. interpreted in accordance
l2 with the laws of the state of California, and all ordinances,
l3 resolutions, regulations and policies of the CITY.
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NOTICES
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Notices and communications concerning this agreement
l6 shall be sent to the following addresses:
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CITY:
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CITY. OF VERNON
ATTENTION: CITY ADMINISTRATOR/CITY CLERK
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
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CONSULTANT:
McLAREN I HART ENVIRONMENTAL
ENGINEERING CORPORATION
11101 WHITE ROCK ROAD
RANCHO CORDOVA, CA 95670
16. ENTIRE AGREEMENT
This agreement contains the entire understanding and
agreement between the parties with respect to the subject matter
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hereof and supersedes all previous communications, negotiations
and agreements, whether oral or written, between the parties
with respect to such subject matter, and no addition to or
modification or waiver of any provision of the agreement shall
be binding on either party unless made in writing and executed
by CONSULTANT and a duly authorized agent of CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the month, day and year first
written above.
CITY OF VERNON
BY ~:i~svi;~/ ~~lRf:.:~~7,r Pro Tem
AT&
BRUCE V.
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MALKENHORST, city Clerk
APPROVED AS TO FORM:
cJvJ\\ \)
DAVID B. BREARLEY,
Attorney
McLAREN/HART ENVIRONMENTAL
ENGINEERING CORPORATION
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Vice-Pres nt
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EXHIBIT A
Approach
CONSULTANT proposes that RMPP development for a given
facility will be a four step process. First, the Facility will
receive notification by the CITY that an RMPP will be required.
This notification will be accompanied by information which
describes the CITY's expectations regarding the RMPP report.
Second, one or more meetings will be held during wh~ch the
Facility (and its consultant, if applicable) will present their
approach to RMPP development to the CITY and CONSULTANT.
Specific requirements will be clarified, if necessary, and the
Facility'S approach will be approved if it meets the
requirements. Third, the Facility will submit a draft RMPP for
comments by the CITY and CONSULTANT. Lastly, the draft will be
revised by the Facility and a final RMPP will be submitted.
Tasks
CONSULTANT's participation in the four step process is
detailed in the following tasks:
Task 1:
Help prepare notification and information packets for
distribution from the CITY to AHK facilities requiring
RMPPs.
CONSULTANT will help the CITY prepare notification and
information packets for the CITY to send to facilities requiring
RMPPs. The packets will explain the program, let the Facility
know what they are expected to do, and present an example RMPP
outline and schedule for the Facility to follow if they wish.
CONSULTANT will provide the CITY with all technical and
regulatory information pertinent to the packets, and with a
suggested format.
Task 2:
Participate in FacilitY/cITY meetinq(s).
CONSULTANT will participate in the up-front Facility ICITY
meeting(s) to answer technical and format-related questions posed
by the Facility, and to meet the Facility and consulting
personnel responsible for RMPP development. CONSULTANT
recommends that at least one such meeting be held at the
Facility, if Facility personnel are willing to do so, so that
RMPP reviewers can better visualize processes and equipment which
will be described in the RMPP report.
It is expected that the following subjects will be discussed
and approaches or techniques agreed upon at the meeting(s):
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o Hazard Analysis method used;
o Extent of Seismic Assessment;
o Type(s)\ of Worst-Case Scenarios to consider;
o Applicable Air Dispersion models;
o Applicability of Levels of Concern (Health Risk
values); and
o Extent of Recomrnended Action description.
Task 3:
Provide technical consulting to the city during RMPP
development.
CONSULTANT will provide technical consulting to the city if
questions arise from the Facility during RMPP development.
CONSULTANT assumes. that all such questions could be answered by
telephone, and that no additional Facility site visits would be
required.
Task 4:
Review draft RMPP report
CONSULTANT will review the draft RMPP report submitted by
the Facility for technical soundness, adequacy in meeting
regulatory requirements, and applicability as a public document.
CONSULTANT will make every effort to minimize the amount of
revision required by the Facility, as long as the technical bases
of the RMPP are determined to be sound. If the up-front
agreements described in Task 1 are followed by the Facility, the
draft RMPP report should meet all requirements. In this case,
CONSULTANT will prepare a summary of findings for the City which
includes an approval notice.
If revisions are necessary, a detailed and itemized comment
list will be prepared by CONSULTANT and sent to the City for
transmittal to the Facility. It may be helpful at the time to
have a face-to-face meeting or a teleconference to ensure that
the comments are understood by the Facility and its consultant.
CONSULTANT would participate in any such meeting, if required.
Review final RMPP report.
Task 5:
CONSULTANT will review the final RMPP report submitted by
the Facility, and will issue a notice to the City that the RMPP
meets all requirements. If significant or substantial changes
have been made from the draft version, CONSULTANT will again
prepare a summary of findings.
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July 1, 1990
BIlling Rate Schedule
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Professional Services:
Principal Engineer............................ ..... ._....... ... .... ............ $150/hour
Supervising Engineer............ ... ..................... ...... ............... $115/hour
Senior Engineer............................................................... ..$1 OO/hour
Associate Engineer............................... ............. ... ........... .... $85/hour
Engineering Associate............ ........... ..... ......... ........ ....... ...... $80/hour
Assistant Engineer 2 ......... ............. ......... ... ........ .................. $70/hour
Assistant Engineer 1... ......................... ...... .......... ....... .......... $55/hour
Engineering Aide 2 .. .. . ... .... ... .... . . ... . ... .. ... . .... .. ... ........ .... . . .. ... $55/hour
Engineering Aide 1 .............................................................. $40/hour
Principal Industrial Hygienist...... ................. ........ ........... ........ $110/hour
Senior Industrial Hygienist .................................................... .$1 OO/hour
Industrial Hygienist.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. . . . . . . . . . . . . $95/hou r
Associate Industrial Hygienist.... ............. ....... ... ......... ........... .... $75/hour
Assistant Industrial Hygienist.... ................. ..... ..... ................ .... $70/hour
Principal Scientist ............................................................... $135 hour
Supervising Scientist......... ..... ............. ........... ...... ...... ...... ...$115/hour
Senior Scientist ...... .............. .... ...... ............. .... .... ............. $105/hour
Associate Scientist......... ....... ........... ... ......... .... .... ...... ... ...... $80/hour
Principal Hydrogeologist / Hydrologist............ ......... .................. $130/hour
Supervising Hydrogeologist / Hydrologist..... ..... ......................... $115/hour
Senior Hydrogeologist / Hydrologist......................................... .$1 OO/hour
Associate Hydrogeologist / Hydrologist ....................................... $85/hour
Assistant Hydrogeologist / Hydrologist 2 . ............................... ...... $70/hour
Assistant Hydrogeologist / Hydrologist 1 ...................................... $55/hour
Supervising Geologist................... ..... ... . _........................... .$1 OO/hour
Senior Geologist........................................... ......... ............. $8S/hour
Associate Geologist.... ....... ................. ................................. $75/hour
Geologist ......................................................................... $60/hour
Assistant Geologist..... . ....... ........... .. . ......... . . ................... ...... $55/hour
Supervising Soil Scientist ............... ...... ... ..... .... ....... ......... .... $115/hour
Senior Soii Scientist ...... ..................... .......... .................. ...... $90/hour
Associate Soil Scientist......... ............................. .... ................ $75/hour
Assistant Soil Scientist 2 ........................................................ $60/hou r
Assistant Soil Scientist 1. ... ....... ......................... ...... ............... $50/hour
AegulatoryAffairs Speciatist........... ........................................... $90/hour
Environmental Specialist 3 ...................................................... $85/hour
Environmental Specialist 2 .... .... ........... .............. ..... .......... .... ... $70/hour
Environmental Specialist 1 ...................................................... $60/hou r
Environmental Analyst 2 ........................................................ $SO/hou r
Environmental Analyst 1......................................................... $40/hour
Chief Toxicologist............................. ........ ......................... $225/hour
Principai Toxicologist........................................,................. .$175/hour
Supervising Toxicologist .... ........ ...., ........ ......... ................ .... $145/hour
Senior Toxicologist ............ ........ ........... ... .......... ............ .... $125/hour
Environmental Toxicologist................................................... $110/hour
Associate Toxicologist.............. ............ .......... ...... ............. .... $95/hour
Assistant Toxicologist 2 .......................................................... $7S/hour
Assistant Toxicologist 1 ....... ........ ........ ....... ..... ..... ........... ...... $SO/hour
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July 1, 1990
Billing Rate Schedule
Professional Services (Cont.):
Construction Manager... ...,........... ........ ........... ........... ...... $105/hour
Construction Superintendent ..... ......... ................ ......... ..... ... $90/hour
Construction Foreman ........................................................ $70/hou r
Project Manager ... .,... ... ...... ..... ....., ... .... .... .... ... ......... ...... $105/hour
Project Analyst ..... ...... ........ ......... .......... ... ............... ... .". $65/hour
Graphic Supervisor...,..... .............................................,.... $60/hour
Senior Draftsperson................ .. ... . . . ...... ... . ..". .......... . ....... $50/hour
Draftsperson......................., ......................................... $45/hour
Administrative Assistant.. . ....... . ...... ..,.....,... . . ... . . . .,..., . . . . .. . .... $50/hour
Secretary ......,..........................................,..,.............,... $45/hou r
Junior Secretary......................................,....................... $35/hour
Note: Delivery of depositions. expert testimony and public hearing attendance
will be billed'at 1.5 times normal hour1y rates.
Invoice Terms: InvoiCes are due and payable within thirty (30) days of receipt.
A finance charge of one percent (1%) per month may be applied
to the outstanding balance for accounts not paid within forty-five
(45) days of the invoice date.
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Effective Date: July 1, 19.90
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July 1, 1990
Billing Rate Schedule
Laboratory Services:
Supervising Chemist.... ............. ... ....... ............................. $1 OO/hour
Senior Chemist .............. ............ .... ............. .................... $80/hour
Associate Chemist............................................................ $65/hour
Assistant Chemist ..... .................. ......... ............................ $55/hour
Senior Laboratory Technician ... ............ ................................ $50/hour
Laboratory Technician ... ........... .... ....... ........ ...................... $45/hour
Laboratory Equipment Charges (Consultation):
~ .... .......................... ...... ... ... .... .............. ........ ........ $150/hour
GCIMS........................................................................ $300/hour
HPLC......................... ................................................ $150/hour
lCP ........................................................................... $300/hour
AA .. ............................... ............ ................................ $150/hour
Auditing Services:
Laboratory and Data Audits .. ........... ... ................... 1.5 X normal hourly rates
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Effective Date: July 1, 1990
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July 1, 1990
Billing Rate Schedule
Equipment, Supplies and Subcontracts:
Automobile Mileage..... .... ............... ... ......... ........ ..... $0.35 per mile
Truck Mileage.... ......... ...... ................... ..... ...... ....... $0.50 per mile
TrucksCornmitted Full Time ........ ......... ....... ....... ......... $40 per day or
$0.50 per mile, whichever is greater
Photovac TIp....... ........................................... ....... $40.00 per day
HNu .... .......... ............................ ......................... $40.00 per day
OV A ........................ . . . ... .. . . . . . . . . . . . . . . .. . .. . . . . . . . .. . . . . .. $40.00 per day
Sub. Pump Rig ..................................................... $50.00 per day
Geo Filter Pump Rig ............. ........ ... ...... ... ......... ....... $50.00 per day
Pipe Locator......................................................... $30.00 per day
Magnetometer.. . . . . .. . . . .. .. . ... . . . . . .. . . . . . . . .. . . . . ... .... . . . .. . .., $20.00 per day
Honda Generator. ....... . ...... . .. .. . . .. . . . . . . . . ... . . .... . . .. .,. . . .. $20.00 per day
Honda Centrifugal Pump............. ...... ......... ................ $20.00 per day
Oil Sounder .............................. .......... .................. $25.00 per day
LEL ......................................... . ... . ... . . . . . ...... . .. . . .. $20.00 per day
Asbestos Pump..................................................... $20.00 per .day
Draeger Pump (Air).... ......... ....................... ....... ....... $10.00 per day
Air Compressor . ......................... ............. ............... $20.00 per day
Air Uft Rig .................... ........................................ $50.00 per day
Soil Aeration System. ................ .., ....................... $250.00 per month
Jet Pump Rig .............. .......................................... $50.00 per day
Data Logger & Transducers ........ .......... ... ................... $40.00 per day
Scott Air Pac ....... ... ....... ........... ................ .... ... .... $100.00 per day
YSI D.O.Meter....................................................... $20.00 per day
Gurley Meter ................ .... .......... .......... ............ ..... $15.00 per day
Surveying Equipment .............................................. $15.00 per day
pHlec Meter ......................................................... $10.00 per day
Moyna Pump........................................................ $15.00 per day
SKC Air Sampler... . ..... ... ...... .. . .. . . . ....... ... . .............. .. $35.00 per day
Peristaltic Pump ......... ..... ............. ........ ..... ... .......... $15.00 per day
Safety Barricades....... ... ..... ........... .... ........... ........... $ 0.45 per day
Submersible Pump.................................................. $20.00 per day
35 mm Camera ...................................................... $10.00 per day
Video Camera .......... .......................... ........... ........ $40.00 per day
Communication Fee:
Long distance telephone and telecommunications,
facsimile transmission, normal postage, express mail charges,
photo copying charges, and micro computer time. . . . . . . .. 2.5% of the invoiced McLaren labor to
replace detailed invoicing of these items..
Maximum charge per invoice: $2.500.00.
Mobile Screening Lab:
a Daily Use Charge:
(2 person crew, 10 hour shift)........................ $2,100.00
(1 person crew, 10 hour shift) ......... .... .... ...... $1 ,600.00
b. MObilization I Demobilization Charges
i. Mileage (to I from job site) ....................................................... $0.50 I mile
Ii. Hourly charge (to I from job site) ............................................,. At billing rates
c. Other Charges (Cost +20%)
i. Per diem per crew member....... ...,..... .... ............,.. Not-to-exceed $100 per day
ii. Su.~ntracts ....................<11...... ............................. ..................... Cost +200k
Supplies and Outside Services............ . . . . .. ..... . .. . . .. At Cost + 20% Administrative Burden
Authorized Subcontracts........................,............ At Cost +20% Administrative Burden
Page 4 of 4 Effective date: July 1, 1990