HomeMy WebLinkAboutLawrence & Associates 2013-06-25�� D lo aSl3 '�
I
, AGREEMENTFOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into thisZ"rJ_tkday of f�✓l� , 2013 ("Effective I
Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
Lawrence & Associates, a corporation organized and in good standing under the laws of the
state of California, hereinafter referred to as "ConsultanY'.
RECITALS '
This Agreement is predicated on the following facts:
a. City requires consulting services related to annual sampling of the gas-extraction system '
at the City of Ukiah Landfill. II
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement. �
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES I
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written I
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
, 3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
such services within 60 days from receipt of the Notice to Proceed. Consultant shall
complete the work to the City's reasonable satisfaction, even if contract disputes arise or
Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $4,677. Labor charges shall be based
upon hourly billing rates for the various classifications of personnel employed by
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Consuftant to perform the Scope of Work as set forth in the attached Attachment B,
which shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Attachment B. Consultant shall complete the Scope of Work for the not-to-
exceed guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Chanqes. Should changes in compensation be required because of changes to the ;
, Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the I
parties anticipated on the date they entered this Agreement. I
4 3 Sub-contractor Pa ment. The use of sub-consultants or other services to erform a �
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portion of the work of this Agreement shall be approved by City prior to commencement 'I
of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed
amount set forth in Section 4.1.
4.4 Terms of Pavment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant, I
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred I
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OFCONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Consultant I
under this Agreement, and the general public and all governmental agencies regulating i
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer I
and employee between Consultant and City. '
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
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Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City's
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance LiabilitV. �Nithout limiting ConsultanYs obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement. I
A. Minimum Scope of Insurance I
Coverage shall be at least as broad as: i
1. Insurance Services Office ("ISO) Commercial General Liability Coverage I
Form No. CG 20 10 10 01 and Commercial General Liability Coverage —
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. j
3. Worker's Compensation Insurance as required by the Labor Code of the I
State of California and Employers Liability Insurance. I
4. Errors and Omissions liability insurance appropriate to the consultant's I
profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability. ,
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liabilitv: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed I
per occurrence limit.
2. Automobile Liabilitv: $1,000,000 combined single limit per accident for
bodily injury and property damage.
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3. Worker's Compensation and Employers LiabilitV: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liabilitv: $1,000,000 per occurrence.
C. Deductibles and Self-Insured Retentions i
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liabilitv and Automobile Liabilitv Coveraqes
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope-of-protection
afforded to the City, its officers, officials, employees or volunteers.
b. The ConsultanYs insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, oNicials, employees or volunteers shall be in
excess of the ConsultanYs insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The ConsultanYs insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liabilitv Coverape
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
ConsultanYs perFormance of the work, pursuant to this Agreement.
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3. Professional Liabilitv Coveraqe
If written on a claims-made basis, the retroactivity date shall be the
i effective date of this Agreement.
4. All Coveraqes II
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, '
, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptabilitv of Insurers I
Insurance is to be placed with admitted California insurers with an A.M. BesYs
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coveraqe
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful
misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by the City, or arising from the active negligence of the
City.
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� "Indemnify," as used herein includes the expenses of defending against a claim and the I�
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the daim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation �
expenses.
References in this paragraph to City or Consultant, include their officers, employees, I
agents, and subcontractors.
7 0 CONTRACT PROVISIONS I
7_1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City.
7.2 Governinp Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
, 7.3 Entire Aqreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severabilitv. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement I
of both parties in writing.
7.6 Assipnment. ConsultanYs services are considered unique and personal. Consultant �
shall not assign, transfer, or sub-contract its interest or obligation under all or any poition
of this Agreement without City's priar written consent.
7] Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement �,
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself. I
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
ime ecified in the notice the
breaching party fails to cure the breach within the t sp
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shall pay the Consultant only for services
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performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages City may incur as
a result of ConsultanYs breach of contract.
7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. When so signed, each such document shall
be admissible in administrative or judicial proceedings as proof of the terms of the
Agreement between the parties.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH LAWRENCE & ASSOCIATES
DEPT. OF PUBLIC WORKS 3590 IRON COURT ,
300 SEMINARY AVENUE SHASTA LAKE, CA 96019 I
UKIAH, CALIFORNIA 95482-5400
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT I
BY: �t-�-c� 0` /9 ,�¢_a70/ .'S
BONNIE LAMPLE Date
94-2661102
IRS IDN Number
GTY OF UKIAH I
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BY: "�� c�� l -6/� J1���� ( "�� � ��T-�/�j
� JANE CHAMBERS Da e �
� CITY MANAGER 'l
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KRISTINE LAWLER, CITY CLERK Date
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Attachmenfi # �
Ciry of Ukiah � June 74,1013
Proposu!jor 2073 Anttual Emissions Sampling Page I oJ3
Introduction
As requested by Mr. Rick Seanor of the City of Ukiah, this proposal describes the scope of work
and associated costs for conducting the annual emissions sampling of the perimeter gas-
extraction system at the City of Ukiah Landfill (Landfill).
In 1997, a perimeter gas-extraction system was installed at the Landfill to control the migration
of landfill gases away from the landfill. The system consists of vertical extraction wells
(between the landfill and the property line) connected to a header pipe. Landfill gas that has
migrated out of the landfill is collected by the wells, and then conveyed in the header to the
stack.
The collected gas is discharged without treatment, because a screening-level health-risk
assessment, conducted when the system was started, showed a less than 10-in-one-million excess
cancer risk (the 10-in-one-million ]imit was established by Mendocino County Air Quality
Management District [MCAQMD]). Monitoring since start up has shown similaz results each
year.
The system is operating under a "Permit to Operate" issued by the MCAQMD. Condition
XIV.B.2. requires annual testing of stack gas for methane and the "specified air contaminants" of
i the California Health and Safety Code, §41805.5, and reporting of the results to the MCAQMD
30 days before each permit renewal date (August 30 of each year). This condition requires
sampling and analysis by EPA TO-14 methodology. TO-14 analysis, however, is not appropriate
for methane and some of the specified air contaminants. The appropriate analytical methods aze
described in the Scope of Work, below.
Special Condition XN.B.3. states that if a health-risk assessment conducted by the MCAQMD
shows a greater than 10-in-one-million excess cancer risk at the nearest receptor, the MCAQMD
may require treatment of the effluent. A health-risk assessment conducted now or in the future
would be based on the annual sampling conducted for Special Condition XN.B.2. �
Scope of Work
This scope of work addresses Special Condition XN.B.2 (the annual emissions sampling) in the
Permit to Operate.
For all analyses, the system effluent will be sampled via a tee fitting attached to the sampling I
port on the stack, inside the blower building. All samples will be colleeted in duplicate.
i The formaldehyde samples will be collected using vacuum pumps constructed of stainless steel,
Teflon, Viton rubber, and borosilicate glass, and designed for gas monitoring. Samples for
P03148.00 Task 71 Lawrenee & A.�anerates
City ojUkrah June!4, 1073
Proposul jor 2013 Annual Eniissions Sampling Puge 1 af 3 II
formaldehyde will be drawn through DNPH-coated silica-gel cartndges at about ] liter/minute I
for 6-8 hours. A field blank will be analyzed for formaldehyde. The field blank will consist of a
cartridge that remains in its culture tube next to the pumps during the duration of sampling.
Hydrogen sulfide will be collected in a tedlar bag, volatile organic compounds and fixed gases
will be collected in 6-liter SUMMA canisters eleaned at the laboratory. Before sampling, the
canisters can hold a vacuum of up to -28 inches of inercury. The high vacuum allows sample(s)
to be drawn into a canister, without the use of a pump, when the stainless-steel bellows valve on
the canister is opened.
All samples will be shipped overnight to Air Toxics, Ltd., Folsom, Califomia. Air Toxics is a
Califomia certified environmental laboratory.
Fixed (natural) gases and total nonmethane hydrocarbons (nonmethane organic compounds, I
' NMOC) will be analyzed by ASTM Method D-1945. The specified air contaminants of the
Califarnia Health and Safery Code. Part 4, Chapter 3, Article 2, Section 41805.5(i)(6) will be ,
analyzed by EPA Method TO-11 (for formaldehyde), EPA Method TO-14 (for halogenated
hydrocarbons), and ASTM D-5504 (for hydrogen sulfide).
Results will be presented in a written report containing field notes, laboratory sheets, tabulated
summaries of the data, and a discussion of results. The results also will be used to evaluate
compliance with Special Condition XIV.B.1, the emission limit for NMOC of 220 pounds/day. I
The work does not include a health-risk assessment. If results from the proposed sanipling are
similar to previous results (for which a health-risk assessment was conducted), presumably the
excess cancer risk of 10-in-one million would not be exceeded. The City does not need to I
conduct a health-risk assessment unless specifically requested to by the MCAQMD. I
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� P03748.00 Task 71 Lawrence&Assnciates .
Ciry�of Ukruh J�ute 14, 2013
Proposalfin•2013 Ann�iu!En�is.siana�Snntp[ing Puge 3 oJ'3
Cost Estimate
The estimated cost of work is not to exceed $4,677. This includes laboratoiy analysis. A
detailed cost estimate is shown below.
ANntiAL GAS-EXTRACTION SYSTEM SAMPLING-2013
Item Qty Unit �/Unit Subtotal
LABOR
Principal geologist,revicw report 0.5 Hr �145.00 $72.50
Staff geologist, prepare report 5 Hr $95.00 $475.00
EngineeringTechuician, 24 Hr $80.00 $1,920.00
order sampling supplies, prepare to
sample, collect, package,
and ship samples (requires G-8 hr for
formaldel�yde)
AutoCAD operator, prepare figures 1 Hr $75.00 �75.00
Cle�ical, edit and repiroduce report 1.5 Hr $60.00 �90.00
Subtoral S2,6 i2.,50
EXPENSES
Report materials 3 Ea $20.00 S60.00
Equipment rental (pumps, manometer) ] LS �100.00 $100.00
Laborato�y (Air Toxics, Ltd.)
Mod. TO-15 (vol. organics) 2 Ea S144.00 $288.00
Mod. TO-11 (forn�aldehyde) 3 Ea 5115.00 $345.00
Mod. ASTM D-7945 (natural gas) 2 Ea S172.50 $345.00
Mod. ASTM D-5504 (H?S) 2 Ea $I15.00 $230.00
Tedlar bags (l liter) 2 Ea S34.50 �69.00
Fomialdel�yde cartridges 3 Ea 529.00 587.00
(-liter SUMA canister 2 Ea �34.50 S69.00
Shipping (samples and reports) 1 LS $65.00 �65.00
Per Diem 1 Dy S 120.00 �120.00
Mileage 380 Mi $0.70 S26G.00
Subtotal $2,044.00
LABOR $2,632.50
EXPENSES $2,044.00
TOTAL �
P03748.00 Tnsk 72 Lawrei�ce R .4ssncire(es
Attachment # ,g ��
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ENGINEERS 8 GEOLOGIS7S
SCHEDULE OF FEES
Professional Services
Engineering GeologisUHydrogeologist
Principal .................................................................................................... $145/hour
Senior......................................................................................................... 5120/hour �
Associate .................................................................................................... SI05/hour
Staff............................................................................................................ S95/hour
Assistant..................................................................................................... $90/hour
Engineer
Principal Engineer...................................................................................... $150/hour
Senior Registered Civil............................................................................... $125/hour
Ass'ociateCivil ........................................................................................... $IIS/hour
AssistantCivil............................................................................................ S95/hour
Engineerin�Technician.............................................................................. S80/hour
ProjectManager......._................................................................ $130/hour .
AutoCAD Operator(Level I) .......................................................................... $75/hour
AutoCADOperator(Levelll) ....................................................................... $65/hour
Field Technician ........................................................................ $80/hour
Laborer.................................................................................... $60/hour
I'�� Surveyor........................................................................................................... $75!hour
Tank Fund Administrator................................................................................. $60/hour
Clerical............................................................................................................. $60/hour
WordProcessor................................................................................................ $60/hour
Deposi[ion and Court Appearances
M11inimum charge.............................................................................................. $I200 part or full day.
DepositionRate .............................................................................................. $I80ihr
Preparation at consul[ing-service ra[es............................................................ as listed above
Drilling Services(CME-55 drilling rig)
7-5;8 and 9-5!8-inch OD aueers wi[h opera[or and helper............................... (See drilling
Mobilization..................................................................................................... scheduleoffeesl
O[hcr In-House F.quipment
Test pumps(submersible,through 5 HP)......................................................... quo[ed/job
Campbell 21 X data loggers w/transducers�water and gas)........._....._.......... quoted/job
Conductivity,oxygen,Icmpera[urc and dissolved oxygen probes................... quoted/job
Meteorological station(wind direction and velocity)...................................... quoted/job
Gas-extraction and airvmoni[oring pumps ....................................................... quoted/job
Mileage ......................................................_....................................._._........ $OJO ,
Mileageldrillingrig)....................................................................................... $I.00 ,
Per dicm(per person/day; may vary dep. upon location) ................................ $120-'day �i
Level D protection(Per person/dayl................................................................ $30/daY �
Level C protection (per person/dayl....................................._..........._............ $50/day.
Survey equipment(per day)............................................................................. $50/day.
�, GPS Survcy (Perday)..............................................._..........................._......_ $I50/day
Expenses, Materials,Outside Services
(AII direct-job related espenses reproduction, rental equipment,
materials, subcontracted labor and equipment)........._..................................... a[cos[ + I S%
35901ron Court • Shasta Lake,Califomia 96019 • (530)275-4800 • fax(530)275-7970 • www.lwmc.com