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HomeMy WebLinkAboutRau & Associates, Inc. 2012-09-10 �t�� C.? � i pW I AGREEMENTFOR I PROFESSIONAL CONSULTING SERVICES [Design Professional] I � This Agreement, made and entered into this��—day of5e temb , 2012 ('Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Rau and Associates, Inc., 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 the development of plans and specifications to install drainage structures near McDonald's restaurant on Perkins Street and North Orchard Avenue. This is part of the City's program to improve drainage conditions at the ' intersection of Perkins Street and Orchard Avenue. b. Consultant represents that it has the qualifications, skills, experience and is 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. TERMSOFAGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). i 2.0 SCOPE OF SERVICES I I 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written 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 Phase 1 of such services within 16 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. �esign-Professional Servse Agreement-September 6,2012 Rt 2063 PAGE 1 OF i t - I 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 $9,600 for Phase 1 and Phase 2 I combined. Labor charges shall be based upon hourly billing rates for the various , classifications of personnel employed by Consultant to perform the Scope of Work as set ' forth in the attached Attachment B, which shall indude all indirect costs and expenses of I 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. 42 Chanqes. Should changes in compensation be required because of changes to the II 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 parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Pavment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement , 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 invoice less any amount already paid to Consultant, 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 and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 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 City's agent, employee, or representative for any purpose. I It is the express intention of the parties hereto that Consultant is an independent li contractor and not an employee, joint venturer, or partner of City for any purpose li 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 under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been 'I 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 �esign-Professional Service Agreemem-Sep�ember 6 20t 2 Ri 2063 PAGE 2 OF 11 I I 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 workePs 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 i benefits due but not paid by Consultant, including the legal costs associated with �I defending against any audit, claim, demand or law suit. 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 I, to City. Consultant has no interest and will not acquire any direct or indirect interest that I 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 i, 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. I 6.0 INDEMNIFICATION I 6.1 Insurance Liabilitv. Without limiting ConsultanYs obligations arising under Paragraph 62 Consultant shall not begin work under this Agreement until it procures and maintains for the duration 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. A. Minimum Scope of Insurance ' Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. 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. � 3. Worker's Compensation Insurance as required by the Labor Code of the � State of California and Employers Liability Insurance. j 4. Errors and Omissions liability insurance appropriate to the consultanYs II profession. Architects' and engineers' coverage is to be endorsed to I, include contractual liability. I B. Minimum Limits of Insurance Design-Pmtessional Service Pgreement-Septem0er 6.2012 R12063 PAGE 3 OF 1 i I __ _ _ _ _ __ ' 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. 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 per occurrence limit. 2. Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Emplovers 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: $500,000 per occurrence. C. Deductibles and Self-Insured Retentions ' 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. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. I 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, officials, employees or volunteers shall be in excess of the ConsultanYs insurance and shall not contribute with it. Deslgn—Pm(assional Service Pgreement—September 9,2012 R12063 I PAGE 4 OF 11 i 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 Emqloyers Liabilitv Coveraqe I The insurer shall agree to waive all rights of subrogation against the City, � its officers, officials, employees and volunteers for losses arising from �� ConsultanYs pertormance of the work, pursuant to this Agreement. 3. Professional Liabilitv Coveraqe II If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from February 28, 2010 to February 28, 2011. 4. All Coveraqes 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, retum receipt requested, has been given to the I City. E. Acceptabilitv of Insurers I Insurance is to be placed with admitted California insurers with an A.M. BesYs II 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. 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, after notice to Consultant that City has paid the premium, the cost of insurance may be deducted from the compensation otherwise due the contractor under the terms of this Contract. pesign—Pmfessional Sen�ce Agreemenl—Seplamber 6,20i2 Ri2063 PHGE 5 OF 11 I _ G. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its policies or require them to separately comply with the insurance requirements set forth in this Paragraph 6.L ' 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to the negligence, recklessness, or willful misconduct of the Consultant and its agents in the performance of services under this contract, 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. j "Indemnify,° as used herein includes the expenses of defending against a claim and the �' payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of I Iattorneys, investigators, consultants, experts and expert witnesses, and litigation i expenses. ! References in this paragraph to City or Consultant, include their officers, employees, ' agents, and subcontractors. � i ConsultanYs liability for professional negligence shall be limited to $500,000. 7.0 CONTRACT PROVISIONS I 7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and II ' 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 I be given to City immediately upon demand and at the completion of ConsultanYs I services at no additional cost to City. Deliverables are identified in the Scope-of-Work, �i 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 Governinq 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 Apreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. �esign-Professonal Senice Agreamem-Sep�ember 6.2012 R12063 PAGE 6 OF 11 ii 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 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 portion of this Agreement without City's prior written consent. 7.7 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. 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 �I the project for which Consultant was retained. A party shall notify the other party of any i alleged breach of the Agreement and of the action required to cure the breach. If the I breaching party fails to cure the breach within the time specified in the notice, the I contract shall be terminated as of that time. If terminated for lack of funds or I abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. Ciry shall pay the Consultant only for services ', 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 i 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 i 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 Oriqinals. 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 II Agreement between the parties. I 8.0 NOTICES I Any notice given under this Agreement shall be in writing and deemed given when I personally delivered or deposited in the mail (certified or registered) addressed to the ' parties as follows: MR. TIM ERIKSEN RAU AND ASSOCIATES, INC. CITY OF UKIAH 100 NORTH PINE STREET I DEPT. OF PUBLIC WORKS UKIAH, CALIFORNIA 95482 � 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482-5400 Dasi9�—P���essional Service Agreement—Septembar 6.2012 R12063 PAGE]OF 11 I '� 9.0 SIGNATURES �II IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: ' CONSULTANT BY: :��G�c. C �;�c—. 9/U/zo�� ` Da et � PRINT NAME: Georqe C. Rau, P.E. C21908 PRESIDENT 94-2619557 IRS IDN Number � � ' CITY OF UK�� �� � ���� �( ' � I BY:�a_�r � � � � Tim Eriksen, P.E. Date Director of Public Works I I � I I I �I �II III� � I � ; i �esiqn-Pmfessional Semce Agreemenl-SeplemDer 6,2012 R i2�63 I � PAGE 8 OF 11 �I I _ — . .__ _—_ _ . __.__ . _ _ - "ATTACHMENT A, Page 1" Scope of Work Rau and Associates, Inc., also referred to herein as "RAU", will provide the following services for City of Ukiah herein also referred to as "City". Work will include: RAU will perform design work and prepare construction documents for drainage improvements to the northeast quadrant of the intersection of Perkins Street and North Orchard Avenue. The work will be done in two phases: , Phase 1: Preliminary Feasibility Study - The City will pothole various utilities which may be in conflict with a concept for storm drain piping and inlets discussed onsite on September 5, 2012 with City Personnel and RAU Personnel. RAU will make the presumption that a concrete storm drain culvert, 18 inches in diameter, will provide adequate drainage from the low point adjacent to the right turn lane on Perkins to a new storm drain manhole to be located between the sanitary sewer and the water main in the northbound lane of North Orchard. From there the storm drain culvert will be , enlarged to 24 inches in diameter and will be designed northerly until it intersects the east draining 24 inch stormdrain from the Pear Tree Shopping Center. A second storm drain manhole will be designed at this intersection. An alternate design will direct the , storm drain to the existing curb inlet on the east side of North Orchard. The goal of ' Phase 1 is to confirm that one of the two routes, or both, are feasible. This study will likely require two or three potholes by City Forces, or others. As part of this feasibility study, RAU will survey critical gutter flowline and inlet elevations as well as the location of the utilities exposed by the pothole excavations. RAU will use the base map provided by Winzler and Kelly (now GHD) for the channelization improvement work as a basis for the plan of the study. Rau will develop a profile with the various utility crossings as part of this work. The cost of Phase 1 is estimated not to exceed $4,100 for RAU's portion of the work. The deliverables will include a plan view of one or two routes, if they are feasible. A � profile of each feasible route and a preliminary cost estimate for each route for comparison will complete this phase of the work. ! It is estimated that this work can be completed within two weeks of authority to proceed, assuming the pothole can be excavated in the first week. Phase 2: Hydraulic and Hydrology Analysis; Bid Documents; Legal Description for I Drainage Easement across APN 002-200-40 This phase will only be done if either one of the aRemates in Phase 1 is feasible to , construct, given the utility constraints. If both are feasible, the City shall designate the preferred alternate. It will also be required to have at least an agreement in principle from the owner of APN 002-200-40 to grant a storm drain easement to the City across the south east corner of the property. Design-Pmiessionai Service AB�eement-Septembar fi.2012 R���3 PAGE 9 OP 1 t . I RAU will calculate the hydrology and hydraulics of the presumed sizes of storm drain piping. The study will terminate at the connection in the drop inlet or storm drain manhole described above. It is presumed that the additional runoff from the limited area described above will not overload the existing storm drain system which runs north along North Orchard Avenue and discharges at Orr Creek. The calculated volume is anticipated to be small and will justify this assumption. The storm drain piping will be intentionally oversized in order to evaluate, at a later date, whether the flow along Perkins can be partially accommodated in the new storm drain system. RAU will complete the drawings and construction notes to a level which is adequate to I obtain competent bids for a minor or informal contract to install the storm drain piping. It i is anticipated that construction notes will be adequate to describe the work required, the I materials specified and the general requirements for traffic control. It is anticipated that the City has a minor or informal contract form which can be used to establish the � contract between the City and the low Bidder. I RAU will also prepare the legal description and easement form for signature by the ' owner of APN 002-200-40. I The cost of Phase 2 of the work is estimated not to exceed $5,500. Deliverables: Rau will deliver three drawings which together will be adequate to obtain an informal bid for the project. The drawings will consist of a cover sheet with construction notes, a plan sheet and a profile sheet. Details will be shown on the plan sheet or profile sheet, as deemed appropriate. The total cost of Phase 1 and Phase 2 is estimated not to exceed $9,600. Tasks not included, but which may be desirable are construction staking and I compaction testing. It is assumed that City Personnel will perform construction review tasks. �esign-Prolessional Sernca Agreemen�-Seplember 6,2012 R12063 PAGE 1�OF 11 i "ATTACHMENT A, Page 2" I Work Schedule and Budget I SCHEDULE OF WORK: I RAU realizes that the timely performance of the services provided is an important element of this Agreement. RAU will endeavor to complete the work with due and reasonable diligence consistent with sound professional practice and within the time frame noted below. RAU and the Client agree to cooperate with each other in every way on the project and to solicit the cooperation of other parties who may influence the schedule of the work. The time of completion noted below is an estimate only and RAU is not responsible for circumstances beyond its control. It is also possible that as the project proceeds, sound professional practice may necessitate additional work being done and hence additional time may be needed for completion. RAU will begin the work within 2 days of receipt of this signed Agreement. RAU anticipates that work will be completed within 14 days after commencing work for Phase 1 , and 7 days after being authorized to perform Phase 2 . , RETAINER: None Required PAYMENT: � Client agrees to pay a Maximum Not-to-Exceed Fee of $ 9,600, based upon time, fee schedule and direct project costs; also provided that if the work is canceled, terminated � or otherwise discontinued without fault by RAU the work done to the date of termination ' shall be paid for on an hourly basis in accordance with "Attachment B", Schedule of Fees. If additional work is requested or required, which is not covered in the Scope of Work, � the Client agrees to meet with representatives of RAU to discuss changes in the scope, schedule, cost or other Terms of Agreement. If modifications to the Agreement are required, RAU will prepare an amendment to the Agreement for Professional Consulting Services for execution by the Client and RAU. NOTE.� Hourly rates on the Schedule of Fees are valid for one year from the date of this Agreement. Thereafter, if RAU raises its fees to all Clients, the Schedu/e of Fees for this project may be amended accordingly. I �esign—Pmfessional Service Agreement—SeO�ember 6,2�12 R12063 PAGE 1 I OF 11 I I � "ATTACHMENT B" SCHEDULE OF FEES -Table 30 Effective September 1,2010(Revised June 21,2011) � Registered Civil Engineer Principal $162.00/hr. � Registeretl Civil Engineer 140.00/hr. � Associate Civil Engineer 120.00lhr. Project Manager 102.00lhr. Land Surveyor 96.00/hr. � Lab-Survey Manager 112.00/hr. Staff EngineedStaff Geologist 94.00/hr. Water PolWtion Control Manager(PW) 140.00/hr. , QSD/QSP Specialist(Non PW) 110.00/hr. Technician IV 72.00/hr. I Technician III 66.00lhr. � Technician II 54.00/hr. Technician I 38.00lhr. Instrument Operator(PW) 104.00/hr. Rodman(PW) 92.00/hr. Malerials Tesrer(PW) 116.00/hr. Materials Tester WI Gauge(PV� 116.00/hr_ Adminisiration 48.00/hr. Engineering Technician with Nuclear GaugeNehicle 106.00/hr. Vehicle Use(subject to change due to Internal Revenue Stantlards) 0.555/mile Outside Services Over$1,000 Cost+5% �� Outside Services Under 51,000(Aggregate amount) Cost+ 15°/ ' Ezpert Witness/Testimony at Trial, Deposition,Arbitration $250.00/hr. (4 hour minimum) , Laboratory Tests: Texture Analysis(Mendocino County Health Dept) $38.00/ea. , Unit Dry Weight-MOisture Content(Tube Sample or Ped) 22.00/ea � Santl Equivalent(CTM 217) 60.00/ea. �, Sieve Analysis-Coarse Aggregates(CTM 202) 40.00/ea. I Sieve Analysis-Fine Aggregate(CTM 202) 70.00/ea. �, Sand Equivalent&Sieve Analysis 165.00/ea. � Maximum Dry Density(ASTM D1557) 4"Mold 145.00/ea. 6"Mold 162.00/ea. �� Maximum Dry Density(ASTM D698) 130.00/ea. Maximum Wet Density(CTM 216) 148.00lea. Unit Weight of Aggregate(CTM 212) Method A or B 55.00/ea. ' Method C 39.00/ea. Crushed Particle Analysis(CTM 205) 67A0/ea. ' Cleanness Value(CTM 227) 67.00/ea. ' Durabili�y Index(CTM 229) 140.00/ea. � Specific Gravity&Absorption (CTM 206) 75.00/ea. i Plasticiry Index(ASTM 4318) 162.00/ea. , Expansion Intlex(UBC Standard 1&2) 190.00/ea. ', Unit Weight of Fresh Concrete(C7M 518) Technician Hourly Rate ' Ball Penetration(CTM 533) Technician Hourly Rate ' Air Content of Fresh Concrete(CTM 504) Technician Hourly Rate , Sample Preparation Times Technician Hourly Rate I Special Equipment Rates: Supplemental Billings: �, Computer Aided Design Software 510.00/hr. Engineering Copies 24 X 36 $3.00/sheet ��i Pachometer R-Meter 550.00/per day' Engineering Copies 18 X 26 $2.00/sheet � All Terrain Vehicle S45.00lper day` Assessor's Map Copies $2.00/sheet I Generator $45.00/per day` Survey Monuments $3.00/each Pump $20.00lper day' Steel Fence Posts 88.00leach GPS Equipment $600/per day` Robotic Total Station 3200/per day' i 'One Day Minimum Charge �� I Invoices will be renderetl monthly, as a final or progress billing, whichever applies, and are payable upon receipt, unless a mutually acceptable payment schedule has been established. Late Fees at a rate of 1 %% per month, computed and charged monthly on the unpaid balances,shall be payable on accounts not paid within 30 days from invoice tlate. Design-Prolessional Serv¢e Agreemen�-September 6.2012 R12063 II PAGE 12 OF 11 I � _— _ _ _ — . _ — _ — _ —_— _ .