054-18 - RH2 Engineering, Inc. - Contract Amendment 7DocuSign Envelope ID: 7C264708-A296-43B3-93C6-845FAOE25B90
CITY OF PORT ORCHARD
Authorization for Amendment No. 7
Date: December 20.2022
Project:
Contract / Job #
Marina Pump Station Rebuild -
Phase 3-Final Design and Bid
Support and Phase 4 Services
during Construction
C054-18
Contractor: RH2 Engineering, Inc
22722 29`h Drive SE, Suite 210
Bothell, WA 98021
THIS CHANGE ORDER AUTHORIZES THE FOLLOWING CHANGES TO THE AGREEMENT:
Section 3 Terms. This agreement shall commence on July 24, 2018 ("Commencement Date") and shall terminate
December 31, 2024, unless extended or terminated in writing as provided herein.
Section 4 Time and Materials Not to Exceed. Compensation for these services shall not exceed $2,529,009
(inclusive of all amounts paid prior to the execution of Amendment No. 7 to this Agreement), without written
authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit B
and C.
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$250,000.00
$0.00
$250,000.00
24-Jul-18
Council
Amendment 1
$0.00
$0.00
$0.00
22-Jul-19
Mayor
Amendment 2
$0.00
$0.00
$0.00
10-Dec-19
Mayor
Amendment 2A
$0.00
$0.00
$0.00
01-Apr-20
Mayor
Amendment 3
$726,789.00
$0.00
$726,789.00
29-Jul-20
Council
Amendment 4
$14,004.00
$0.00
$14,004.00
29-Dec-20
Mayor
Amendment 5
$0.00
$0.00
$0.00
15-Jul-21
PW Director
Amendment 6
$679,025.00
$0.00
$679,025.00
23-Feb-22
Council
Amendment 7
1 $859,191.001
$0.00
$859,191.00
20-Dec-22
Council
Total Contract
1 $2,529,009.001
$0.00
$2,529,009.00
1 have reviewed the Amendment information above and certifv that to the best of my knowledge descriptions and
costs are true and accurate.
Consultant Approval Signature
Richard L. Ballard, Director
Printed Name & Title
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
( t4 ,
Public Works Director
Tony Lang
Printe &Signedby:
Approved: L,,�E3F5647B
!b �U Sly
Mayor
DocuSignedby:
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City Clerk_
- `SEAL
December 20, 2022
Council Approval Date
Page 1
DocuSign Envelope ID: 7C264708-A296-43B3-93C6-845FAOE25B90
Amendment No. 7 to Contract No. 054-18
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
RH2 ENGINEERING, INC.
THIS AMENDMENT No. 7 ("Amendment") to Contract No. 054-18 is entered into between the City
of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and RH2 Engineering Inc.,
a corporation organized under the laws of the State of Washington, located and doing business at 22722
29th Drive SE Suite 210, Bothell WA 98021 ("Consultant"). City and Consultant are each a "Party" and
together "Parties" to this Amendment.
RECITALS:
WHEREAS, following a successful procurement process for the Preparation of Ad Ready Design
(100% PS&E), Permitting and Full Construction Administration/Construction Management for the Marina
Pump Station Rebuild Project, on July 24, 2018, the City executed a Professional Services Agreement for
2018-2019 Marina Pump Station Rebuild Project, Contract No. C054-18, with the Consultant ("Underlying
Agreement"); and
WHEREAS, the Underlying Agreement was amended on July 22, 2019 (Amendment No. 1),
December 10, 2019 (Amendment No. 2), and April 1, 2020 (Amendment No. 2A), each extending the
duration of the Agreement; and
WHEREAS, Amendment No. 3 to the Underlying Agreement was approved and executed on July 29,
2020, and Amendment No. 4 was approved and executed on December 29, 2020, increasing the contract
by $726,789 and $14,004, respectively, bringing the Underlying Agreement, as amended, to a Not to Exceed
amount of $990,793; and
WHEREAS, Amendment No. 5 was approved and executed on July 15, 2021, extending the duration
of the Agreement; and
WHEREAS, on February 23, 2022, Amendment No. 6 was approved and executed, increasing the
contract by $679,025 to a Not to Exceed amount of $1,669,818, including all work performed and
compensated prior to Amendment No. 6; and
WHEREAS, continuing efforts for final design, project management and services during
construction are needed for the Marina Pump Station Rebuild Project, and the Parties have memorialized
these additional tasks (within the scope of the initial project procurement) as set out in Exhibit A attached
hereto; and
WHEREAS, the Consultant and the City have conferred and agreed to extend the duration of the
agreement to December 31, 2024, and to increase the "Time and Materials Not to Exceed" amount, Section
4 (Compensation), of the agreement as described herein and in Exhibits B and C attached hereto; and
WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying
Agreement;
Page 1 of 3
Amendment No. 7 to Agreement between City of Port Orchard and RH2 Engineering, Inc
Contract No. C054-18
Page 2
DocuSign Envelope ID: 7C264708-A296-43B3-93C6-845FAOE25B90
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between
the parties thereto as follows:
SEVENTH AMENDMENT TO AGREEMENT:
1. Amendment.
a. The Scope of Work shall be amended to include the document attached hereto as Exhibit
A and incorporated herein by this reference.
b. Section 3, Terms, of the Agreement is hereby amended to read as follows:
This agreement shall commence on July 24, 2018 ("Commencement Date") and shall
terminate December 31, 2024, unless extended or terminated in writing as provided
herein.
c. Section 4, Compensation, of the Agreement is hereby amended to read as follows:
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$2,529,009 (inclusive of all amounts paid prior to the execution of Amendment No. 7 to
this Agreement), without written authorization and will be based on the list of billing rates
and reimbursable expenses attached hereto as Exhibit "B" and "C"
2. SeverabilitV. The provisions of this Amendment are declared to be severable. If any
provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality
of any other provision.
3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all
prior verbal statements of any officer or other representative of the parties, and such statements shall not
be effective or be construed as entering into or forming a part of or altering in any manner whatsoever this
Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is
contained in the Underlying Agreement and exhibits thereto, any prior executed amendments and this
Amendment. Should any language in any of the Exhibits to the Underlying Agreement or prior amendments
conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as
modified by this Amendment, all other provisions of the Underlying Agreement and any amendments
thereto not inconsistent with this Amendment shall remain in full force and effect.
4. Effective Date. This Amendment shall be effective as of December 20, 2022.
DATED this 20th day of December 2022.
Page 2 of 3
Amendment No. 7 to Agreement between City of Port Orchard and RH2 Engineering, Inc
Contract No. C054-18
Page 3
DocuSign Envelope ID: 7C264708-A296-43B3-93C6-845FAOE25B90
cQEsPRK,:ORCHARD, WASHINGTON
jebb P4II A SWA,
Robert Putaansuu, Mayor
fs(�WI,/I�'' 11E NTI CATE D :
1,465
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Brandy Wallace, CIVIC, City Clerk
7;1VaW6.S TO FORM:
Charlotte A. Archer, City Attorney
Q0RT r0�1''•
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OF fWA�,�,o�
CONSULTANT
Signature
Richard L. Ballard, Director
Printed Name and Title
Page 3 of 3
Amendment No. 7 to Agreement between City of Port Orchard and RH2 Engineering, Inc
Contract No. C054-18
Page 4
DocuSign Envelope ID: 7C264708-A296-43B3-93C6-845FAOE25B90
EXHIBIT A
Scope of Work
Amendment No. 7
City of Port Orchard
Marina Pump Station Rebuild
Phase 3 — Final Design and Phase 4 — Services During Construction
October 2022
Background
The City of Port Orchard (City) has retained RH2 Engineering, Inc., (RH2) to design the retrofit of its
aging Marina Pump Station. The existing sewer pump station was built in 1983 and is located near
the intersection of State Route (SR) 166 and Orchard Avenue. The station is identified in the City's
2016 General Sewer Plan as needing additional capacity by buildout, at which time flows will be up
to 8,435 gallons per minute, to accommodate the City's anticipated growth. Currently, the Marina
Pump Station pumps all the City's wastewater to West Sound Utility District's joint -use Wastewater
Treatment Facility.
This Scope of Work includes additional work in Phase 3 to prepare the bid -ready design plans and
specifications, as well as Phase 4—Services During Construction. RH2 will provide construction phase
engineering services, including submittal reviews, on -site construction observation, and testing and
startup assistance. RH2 will perform the work described up to the amounts included in the attached
Fee Estimate. If additional effort is needed, that extra work will be mutually determined by the City
and RH2.
Task 1— Project Management Services (Additional Work)
Objective: Perform additional project management services.
Approach:
1.6 Provide additional project management and coordination with meetings associated with the
increased project duration.
RH2 Deliverables:
• Unchanged from Amendment No. 6.
Task 6 — Bid -Ready Design Plans, Specifications, and Cost Estimate (Additional Work)
Objective: Perform additional work as requested by the City to develop bid -ready design plans for
the sewer pump station improvements based on the decisions made during previous design phases.
Approach:
6.11 Relocate the emergency generator northwest to a location identified by the City. Revise the
generator enclosure to include space for trash dumpsters and remove storage for the
emergency spill response trailer.
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City of Port Orchard Exhibit A
Marina Pump Station Rebuild Scope of Work
Phase 3 — Final Design and Phase 4 — Service During Construction Amendment No. 7
6.12 Revise the multi -use access trail north of the pump station to provide access to the existing
fuel tanks by double -fuel tanker trucks.
6.13 Incorporate wet well improvements and adjust pump operations as recommended by RH2's
subconsultant, Northwest Hydraulic Consultants. Incorporate a platform along the west side
of the wet well for maintenance access and upsize the access hatch to allow for access to the
bottom of the wet well past the maintenance platform.
6.14 Incorporate the City's antenna mast and associated antennas into the bid -ready design.
6.15 Assist the City with preparing figures for a Memorandum of Understanding (MOU) between
the City and the Port of Bremerton (Port) regarding the change in structure and uses within
the Port's Washington State Department of Natural Resources (DNR) lease area. Assist RH2's
subconsultant, Ward C. Muller and Associates, with revisions to the City's lease agreement
graphic with DNR.
6.16 Revise the landscaping, site, and architectural plans and specifications to accommodate for
the adjacent projects and site access needs.
Assumptions:
• The City will act as the primary point of contact with DNR regarding the MOU and edits to the
lease agreement will be negotiated and incorporated by the City's attorney.
RH2 Deliverables:
• Electronic PDFs of figures and participation in developing the MOU with the Port.
• Collaboration with Ward C. Muller and Associates in the development of the DNR lease
agreement graphic.
• Revisions to architectural and site plans to accommodate the needs of City's operational staff
and access requirements of the Port in electronic PDF.
• Updates to plans and specifications to incorporate the relocated generator and wet well
modifications in electronic PDF.
Task 8 — Services During Construction (New Task)
Objective: Provide engineering services during construction of the Marina Pump Station
improvements to the level of effort stated in the attached Fee Estimate.
Approach:
8.1 Prepare Conformed for Construction Documents — Revise and update the bid plans,
non -technical and technical specifications, and appendices to reflect addenda issued during
the bidding phase. Produce hard copies of the conformed for construction documents for
contractor, City, and RH2's use during construction. Revise and update the equipment list,
instrumentation schedule, and process control narratives, if applicable, to reflect addenda
issued during the bidding phase.
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DocuSign Envelope ID: 7C264708-A296-43B3-93C6-845FAOE25B90
City of Port Orchard Exhibit A
Marina Pump Station Rebuild Scope of Work
Phase 3 — Final Design and Phase 4 — Service During Construction Amendment No. 7
8.2 Attend Pre -Construction Meeting — Prepare pre -construction meeting agenda. Send notice of
meeting location, date, time, and agenda to invitees. Attend the pre -construction meeting.
Prepare meeting minutes and distribute to attendees.
8.3 Provide Construction Consultation and Document Review — Consult with the City on
construction costs, scheduling, and constructability issues. Review shop drawings and catalog
submittals of items requested in the technical specifications. Provide a written response to
the contractor and the City accepting or rejecting each shop drawing and reviewed catalog
submittal. Review written requests for information (RFIs) and change order proposals, and
provide written responses to the contractor and the City. Review monthly pay requests by
the contractor and coordinate with the City for processing payment. Prepare Construction
Quality Assurance Plan (CQAP) and submit to the Washington State Department of Ecology
(Ecology).
8.4 Provide On -Site Construction Observation — Provide an RH2 representative every two (2)
weeks at construction progress meetings for the 104 weeks of construction. Prepare meeting
minutes and distribute to attendees. Review contractor's look -ahead construction schedule.
Provide on -site construction observation and prepare observation reports. The Fee Estimate
reflects ten (10) hours per week of on -site observation by an RH2 representative for the
duration of the construction period and four (4) hours per week for biweekly construction
meetings (assumed to be 104 weeks) including travel. Prepare progress reports, including
construction contract time remaining statements. Coordinate with the contractor regarding
construction schedule, progress, and constructability issues.
8.5 Provide Testing and Startup Observation — Coordinate with the contractor and the City for
the scheduled testing and startup activities. This coordination will include the review and
supplementation of the testing protocols developed by the contractor and manufacturers'
representatives, review of the tests, and request for corrections. Review and supplement
startup protocols developed by the contractor and manufacturers' representatives. Attend
factory witness testing of the motor control center and control panels at the Control System
Integrator's facility. Provide on -site observation during startup to document activities and
coordinate with the contractor. Discuss with the contractor and the City work that has not
been completed by the contractor (punch list) and discuss contractor rectification.
8.6 Attend Final Walkthrough and Project Closeout — Attend final walkthrough with the City and
prepare a letter of recommendation for project acceptance to the City. Prepare and submit
the Washington State Department of Health Construction Completion Report (CCR) for those
items of construction observed by RH2. Prepare and submit Ecology's Construction
Completion Form.
e3
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City of Port Orchard Exhibit A
Marina Pump Station Rebuild Scope of Work
Phase 3 — Final Design and Phase 4 — Service During Construction Amendment No. 7
8.7 Prepare Construction Record Drawings and Review O&M Manuals — Obtain contractor and
City construction field records. Review field records, including RH2's, and revise the
conformed for construction drawings to construction record drawings. Review the
contractor -provided operation and maintenance (O&M) manuals for consistency with
installed equipment and instrumentation.
8.8 Prepare Facility 0&M Manuals— Prepare detailed 0&M manual sections for the Marina Pump
Station improvements. Include an overview of process components, a detailed description of
normal and emergency operational procedures, troubleshooting and preventative
maintenance measures, and operator safety considerations. Include appendices of process
schematics, manufacturer documentation, material safety data sheets (MSDS), and periodic
operations checklists. Provide Ecology with a copy of the Marina Pump Station O&M manual
sections for review and incorporate comments into final 0&M manual sections.
Assumptions:
• Construction phase services defined in this Task are variable in nature and depend in part on
the contractor awarded the project. RH2's estimate is based upon an experienced and
reasonable contractor being awarded the construction contract.
• RH2 will be the primary point of contact for the general contractor during construction.
However, RH2 has not included full-time construction observation services in the Fee Estimate.
It is assumed that part-time site observation by RH2 will be sufficient and the City will be
performing the lead role in on -site construction inspection.
• RH2 will perform the services described up to the amounts included in the attached Fee
Estimate. If additional effort is needed, that extra work will be mutually determined by the
City and RH2.
• Special inspections for concrete testing, compaction, and other materials testing shall be
procured and paid by the City.
• RH2 is not responsible for site safety, for determining means and methods, or for directing the
contractor in their work.
Provided by City:
• Meeting space and attendance at the pre -construction meeting.
• Conformed for construction non -technical specifications.
• Processing payments to the contractor.
• Attendance at construction progress meetings.
• Construction inspection, including payment of fees for special inspections for concrete,
compaction, and coating systems.
4
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City of Port Orchard Exhibit A
Marina Pump Station Rebuild Scope of Work
Phase 3 — Final Design and Phase 4 — Service During Construction Amendment No. 7
RH2 Deliverables:
• Two (2) full-size hard copies and five (5) half-size hard copies of the conformed for
construction plans, five (5) hard copies of the conformed for construction specifications and
appendices, and one (1) PDF of the conformed for construction plans, specifications, and
appendices for the contractor.
• Five (5) hard copies (three (3) for the City and two (2) for RH2), one (1) PDF, and one (1) Word
file (specifications) of the conformed for construction plans (half-size), specifications, and
appendices for the City.
• Notice to invitees of the pre -construction meeting location, date, and time.
• One (1) PDF and one (1) Word file (for the City) of the pre -construction meeting agenda and
hard copies for the attendees.
• One (1) hard copy, one (1) PDF, and one (1) Word file (for the City) of the pre -construction
meeting minutes.
• Written responses to contractor -provided shop drawings and submittals, RFIs, change orders,
and pay requests in electronic PDF.
• One (1) PDF and one (1) hardcopy of the CQAP submitted to Ecology and one (1) duplicate
copy to the City.
• Construction progress meeting minutes in electronic PDF and Word formats.
• Construction observation reports in electronic PDF and Word formats.
• Construction progress reports and construction contract time remaining statements in
electronic PDF and Word/Excel formats.
• Written responses in PDF format to contractor -provided testing and startup protocols and
requests to contractor for correction.
• Startup checklists and summaries of startup results in electronic PDF and Excel formats.
• Written responses in PDF format for contractor -provided O&M manuals.
• Two (2) full-size hard copies, one (1) PDF, and AutoCAD .dwg files of the construction record
drawings.
• Written punch list in PDF format to contractor and one (1) hard copy, one (1) PDF, and one
(1) Word file for the City.
• One (1) hard copy, one (1) PDF, and one (1) Word file of letter of recommendation for project
acceptance.
• One (1) hard copy of CCR submittal to DOH and one (1) PDF duplicate to the City.
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City of Port Orchard Exhibit A
Marina Pump Station Rebuild Scope of Work
Phase 3 — Final Design and Phase 4 — Service During Construction Amendment No. 7
• One (1) hard copy of Construction Completion form submittal to Ecology and one (1) PDF
duplicate to the City.
• Five (5) hard copies (one (1) for Ecology and four (4) for the City), one (1) PDF, and one (1)
Word file of the draft O&M manual sections.
• Five (5) hard copies (one (1) for Ecology and four (4) for the City), one (1) PDF, and one (1)
Word file of the final draft O&M manual sections.
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EXHIBIT B
Fee Estimate
Amendment No. 7
City of Port Orchard
Marina Pump Station Rebuild
Phase 3 - Final Design and Phase 4 - Services During Construction
Oct-22
Total I Total Labor I Total Subconsultant Total Expense I Total Cost
Description Hours
Task 1
Project Management Services (Additional Work)
124
$
25,540
$ -
$
3,331
$ 28,871
1.6
Provide Additional Project Management and Coordination Meetings
124
$
25,540
$ -
$
3,331
$ 28,871
Task 6
Bid -Ready Design Plans, Specifications, and Cost Estimate (Additional Work)
554
$
109,064
$ 48,969
$
13,614
$ 171,647
6.11
IRelocate Emereencv Generator and Revise Generator Enclosure
126
5
24.112 1
5 -
1 S
3.023
1 S 27.135
6.12
Revise Multi -Use Access Trail for Fuel Truck Access
78
$ 15,854
$ 6,900
$ 1,771
$ 24,525
6.13
Incorporate Wet Well Improvements and Platform
120
$ 23,328
$ 22,864
$ 2,618
$ 48,811
6.14
Incorporate City's Antenna Mast and Antennas
112
$ 21,852
$ -
$ 2,251
$ 24,103
6.15
Assist the City with Preparing Figures for MOU
36
$ 7,244
$ 19,205
$ 896
$ 27,345
6.16
Revise Landscaping, Site, and Architectural Plans
82
$ 16,674
$ -
$ 3,054
$ 19,728
Task 8 Services During Construction (New Task)
2932
$ 569,682
$ -
$ 88,991
$ 658,673
8.1
Prepare Conformed for Construction Documents
24
$ 4,262
$ -
$ 5,377
$ 9,639
8.2
Attend Pre -Construction Meeting
34
$ 7,226
$ -
$ 595
$ 7,821
8.3
Provide Construction Consultation and Document Review
1004
$ 201,352
$ -
$ 21,561
$ 222,913
8.4
Provide On -Site Construction Observation
1456
$ 275,808
$ -
$ 50,055
$ 325,863
8.5
Provide Testing and Startup Observation
112
$ 22,852
$ -
$ 1,914
$ 24,766
8.6
Attend Final Walkthrough and Project Closeout
72
$ 14,496
$ -
$ 1,414
$ 15,910
8.7
Prepare Construction Record Drawings and Review O&M Manuals
128
$ 24,184
$ -
$ 5,700
$ 29,884
8.8
Prepare Facility O&M Manuals
102
$ 19,502
$ -
$ 2,375
$ 21,877
PROJECTTOTAL 1 3610 1 $ 704,286 1 $ 48,969 1 $ 105,936 1 $ 859,191
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DocuSign Envelope ID: 7C264708-A296-43B3-93C6-845FAOE25B90
EXHIBIT C
RH2 ENGINEERING, INC.
2022 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional
$164
$/hr
Professional 11
$180
$/hr
Professional III
$198
$/hr
Professional IV
$213
$/hr
Professional
$229
$/hr
Professional VI
$243
$/hr
Professional VII
$261
$/hr
Professional VIII
$271
$/hr
Professional IX
$271
$/hr
Control Specialist 1
$149
$/hr
Control Specialist II
$162
$/hr
Control Specialist III
$178
$/hr
Control Specialist IV
$193
$/hr
Control Specialist V
$206
$/hr
Control Specialist VI
$220
$/hr
Control Specialist VII
$237
$/hr
Control Specialist VIII
$246
$/hr
Technician 1
$125
$/hr
Technician II
$136
$/hr
Technician 111
$154
$/hr
Technician IV
$166
$/hr
Technician V
$182
$/hr
Technician VI
$199
$/hr
Technician VII
$215
$/hr
Technician Vill
$227
$/hr
Administrative 1
$81
$/hr
Administrative II
$96
$/hr
Administrative 111
$115
$/hr
Administrative IV
$136
$/hr
Administrative V
$155
$/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
$0.6250
price per mile
(or Current IRS Rate)
Subconsultants
15%
Cost +
Outside Services
at cost
Rates listed aPr099jJ3ed annually.