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HomeMy WebLinkAboutOrdinance No. 00-1219 CITY OF THE COLONY, TEXAS ORDINANCE NO. 0 O ~ ~[ ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HUNTER ASSOCIATES FOR ENGINEERING SERVICES RELATED TO 1999 THOROUGHFARE BOND PROGRAM PHASE 2; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Hunter Associates for engineering services related to 1999 Thoroughfare Bond Program Phase 2. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 7th day of August 2000. ~'~IPROVED: f William W. Ivl~aanning, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: At~o~ey ~--~ t.~ CONTRACT FOR PROFESSIONAL SERVICES FOR ENGINEERING CONSULTING SERVICES STATE OF TEXAS § COUNTY OF DENTON § This CONTRACT and AGREEMENT made and entered into this the day of U/.~ ~ , 2000, by and between the City of The Colony , Texas, a Home Rule City, hereinafter referred to as "City", and Hunter Associates Texas, Ltd., hereinaf[er referred to as "Engineer".. WITNESSETH: RECITALS WHEREAS, Engineer has submitted a scope of work, and City has approved, a proposal for thc performance by Engineer of professional engineering services for the Project (herein so called) described on Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the Scope of Services (herein so called) for the Project is more fully described on Exhibit "A"; and WHEREAS, Engineer's employees or agents arc duly licensed to perform professional engineering services in the State of Texas and have sufficient expertise to perform thc services described in the Scope of Services to the highest professional standards; and WHEREAS, City and Engineer therefore desire to enter into this Agreement to evidence their mutual understandings and agreements for the performance by Engineer for City of the work described in the Scope of Services for thc Project. NOW' THEREFORE, in consideration of the premises and the mutual covenants and agreements hereaf[er set forth, City and Engineer hereby agree as follows: I. ENGINEER Engineer, referred to herein is Hunter Associates Texas, Ltd., whose address is 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231. The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wpd Page 1 of 15 II. PURPOSE Engineer shall perform all of the planning~ engineering, and surveying services specified within the Scope of Services (herein so called) described on Exhibit "A" attached hereto and incorporated herein by reference for the Project described on Exhibit "A". III. DESCRIPTION OF SERVICES Engineer's services hereunder shall include and be subject to the following: A. Engineer understands that it is to work closely with the City Manager or its designated representative of City, hereinafter referred to as "Project Director", and other appropriate City officials, and, that, it is to perform any and all related tasks required of it by Project Director in order to fulfill the purposes of the work to be performed. B. Engineer shall perform all the services as set forth in the Scope of Services, attached hereto as Exhibit "A" and authorized by Project Director, provided however, should there be any conflict between the terms of said Scope of Services or Engineer's proposal and the terms of this Agreement, the terms of this Agreement shall be final and binding. C. Work under this Contract shall be authorized by Project Director in various phases as set forth in the Scope of Services. IV. PERFORMANCE OF WORK Engineer and its associates or employees shall perform all the work hereunder. Engineer agrees that all its associates or employees who work on this project shall be fully qualified to undertake same and competent to do the work described hereunder. V. TERM OF THIS CONTRACT The services to be performed, as described in the Scope of Services (Exhibit "A"), will be on continuous need as directed by the City's Project Director. The termination of this contract will be in accordance to Section XIV of this contract. VI. BASIS OF COMPENSATION A. Availabili _ty of Funds The City agrees that funds to the extent required by this contract, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Contract. The Colony i 999 Thoroughfare Bond Program Phaae 2 Contract FINAL.wpd Page 2 of 15 All invoices submitted by the Engineer and approved by the City, shall be paid within thirty (30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one percent (1%) of the unpaid balance, beginning thirty (30) days from receipt of invoice except in such case as an invoice is disputed by the City, whereby an additional thirty (30) day period shall be allowed to resolve any disputed invoice. B. Compensation 1. Basic Service Compensation to the Engineer for Basic Services shall be a fixed total fee based on the Engineer's initial opinion of probable construction cost with each phase of the project compensated for proportionally as defined in Exhibit "B". The scope of Basic services, the fixed fee and the initial probable construction cost are defined in Exhibit "A". Monthly statements shall be submitted by Engineer and approved by the City. 2. Additional Services Compensation to the Engineer for Additional Services shall be paid in accordance with Exhibit "C". The scope of Additional Services are defined in Exhibit "A". Monthly statements shall be submitted by Engineer and approved by the City. VII. SPECIAL SERVICES If the City requests, the Engineer shall furnish other services or tasks in addition to the Scope of Services proposed in the Exhibit "A" attached hereto. For performing these additional services, Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times the multiplier therefore set forth on Exhibit "C" for Additional Services, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost times the multiplier therefore set forth on Exhibit "C" for Additional Services. VIII. CONTRACT PERSONNEL This Contract provides for professional services, and these services will not be assigned or sublet in whole or in part except as identified herein without the consent of City. IX. CONFLICT OF INTEREST Engineer covenants that during the Contract period Engineer and/or any of its associates or employees will have no interest and shall not acquire any interest, direct or indirect, which will conflict in any manner or degree under this Contract. Engineer agrees that none of its paid personnel shall be employees of City or have any conflicting contractual relationship with City. All activities, The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wpd Page 3 of 15 investigations, and other efforts made by Consultant pursuant to this Agreement shall be conducted by employees or associates of Engineer. Engineer further understands that the policy prohibits any officer or employee of the City fi:om having any financial interest, direct or indirect, or any contract with City. Any violation of this paragraph, with knowledge expressed or implied by Engineer, shall render this Agreement voidable by the City Council of The Colony , Texas. X. CHANGE IN WORK City may request, fi:om time to time, changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by Engineer pursuant to this Agreement through Project Director or his designated representative. If in the opinion of Engineer, Project Director or his designated representative, such change would entail an increase in cost or expense to Engineer, such increase shall be mutually agreed on by Engineer and Project Director· Changes in the scope, which in the opinion of Engineer and Project Director would require additional funding by City, must first be approved by City through a duly adopted Resolution. XL CONFIDENTIAL WORK Any reports, information, project evaluation, project designs, data or any other documentation developed by Engineer hereunder given to or prepared or assembled by Engineer which City desires to be kept confidential will not be made available to any individual or organization (except City approved subcontractors) by Enginecr without the prior written approval of City. XII. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by City, all reports, information and other data given to, prepared or assembled by Engineer under this Contract, and any other related documents or items shall become the sole property of City and shall be delivered to City. Engineer may make copies of any and all documents for its files. XIII. ENGINEER'S IJABIL!TY Approval of Engineer's work by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, agents or associates for the accuracy and competency for their designs, reports, information and other documents nor shall approval be deemed to be the assumption of such responsibility by City for any defect or error in the aforesaid documents prepared by Engineer, its employees and associates. XIV. CONTRACT TERMINATION A. The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Engineer shall The Colony 1999 Thoroughfare Bond Program Phas~ 2 Contract FINAL.wpd Page 4 of 15 invoice City for all work completed and shall be compensated in accordance with the terms of this Contract for all work accomplished by it to the termination date. All reports, statistics, informational documents, and other documents, or data relating to Engineer's services hereunder shall become the property of City upon termination of this Contract. B. Nothing contained in this Contract shall require City to pay for any work which is unsatisfactory as determined by Project Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Engineer while Engineer is in default, nor shall this Article constitute a waiver of any fight, at law or at equity, which City may have if Engineer is in default, including the right to bring legal action for damages or to force specific performance of this Contract. XV. RIGHT OF REVIEW Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. XVI. NOTICES All notices, communications, and reports under this Contract shall be mailed or delivered to the respective parties by depositing same in the United States mail at the address shown below, unless and until either party is otherwise notified in writing by the other party at the following address: City Engineer City of The Colony Hunter Associates Texas, Ltd., Lanny Lambert Hal B. Jones, P.E., R.P.L.S. City Manager Senior Vice President 5151 N. Colony Blvd. 8140 Walnut Hill Lane, Suite 500 The Colony, Texas 75056 Dallas, Texas 75231-4350 XVII. DISCRIMINATION A. Discrimination Prohibited No person in the United States shall, on the grounds of race, creed, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with fimds made available to Engineer pursuant to the terms of this Contract. The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wpd Page 5 of 15 B. Specific Discriminatory Actions Prohibited Engineer may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color, national origin, creed or sex. XVII. INDEPENDENT CONTRACTOR In thc rendering of services to beneficiaries as defined herein, Engineer is performing services of the type performed prior to this Contract, and City and Engineer by the execution of this Contract do not change the independent status of Engineer. No term or provision hereof or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent of City. XIX. HOLD HARMLESS Engineer agrees to defend, indemnify and hold City, its officers, agents and employees harmless against any and all claims, lawsuits, judgements, costs and expenses and collection costs for personal injury (including death, property damage or other harm for which recovery of damages is sought) that may arise out of or be occasioned by the intentional or negligent breach of any terms of provisions of this contract by Engineer, its officers, agents, associates, employees or subconsultants, or by any other negligent act or omission of Engineer, its officers, agents, associates, employees or subconsultants, in the performance of this contract, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from thc sole negligence of City, its officers, agents, employees or separate contractors or subcontractors and in the event of joint and concurrent negligence of both the Engineer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. Engineer shall not bc liable for any act of thc City's contractor and its sub-contractors. Engineer shall not bc liable for specifying or following standard engineering practices and procedures and thc above shall not constitute an acceptance by the Engineer of any liability that thc City may incur as a result of City's actions or immunities. Engineer shall be liable to City for thc amount of the funds received under this Contract which Engineer disburses in violation of the terms and conditions herein as remedy to the violation. XX. OPINIONS OF COST Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Engineer's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional engineer, familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by Engineer. The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wpd Page 6 of 1:5 XXI. NO VERBAL AGREEMENT This Contract contains allcommitmcnts and agreements of the parties hereto and no verbal or written commitments shall have any force or effect if not contained herein. XXII. VENUE The parties herein agree that this Contract shall bc enforceable in Denton County, and if legal action is necessary to enforce it, exclusive venue shall lie in Denton County, Texas. XXIII. APPLICABLE LAWS This Contract is made subject to the existing provisions of the General Laws of the City, its rules, regulations, procedures, and ordinances, enacted upon or implemented by City and all applicable laws of the State of Texas and the United States. XXIV. CONTRACT INTERPRETATION In interpreting the various provisions of this Contract in a Court of Law, any said court having jurisdiction shall apply the laws of thc State of Texas to interpret thc terms and provisions of this Agreement. XXV. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wpd Page 7 of 15 EXECUTED this the ~ day of ,2000, the City of The Colony, Texas signing by and through its City Manager, duly authorized to execute same by Motion approved by the City Council on the ~ day of ,2000, and executed by Engineer. CITY OF THE COLONY, TEXAS ENGINEER Hunter Associates Texas, Ltd. . ~ ~ ATTEST APPROVED AS TO FORM COMPLETE ADDRESS 8140 Walnut Hill Lane City Attorney One Glen Lakes Tiffany Haertling Suite 500 Dallas, Texas 752314350 (214) 369-9171 (214) 696-3795- FAX (SEAL IF CORPORATION) Executed 6 Originals The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wlxl Page 8 of 15 EXHIBIT "A' scoPE or SERWCES 1999 THOROUGHFARE BOND PROGRAM - PHASE 2 This project is for the design of paving and drainage improvements for the following: Street From To Paige Road S.H. 121 S. Colony Blvd. The roadway shall be designed in accordance with the City's current ThoroUghfare Plan and City Standard Details. Roadway cross sections shall be provided at interVals not to exceed 50 feet measured along the project centerline and shall extend laterally 100 feet either side of project centerline. Additional cross sections shall be provided as necessary to further define drainage channels or to depict cross streets. This Project shall include a Drainage Area Map to define drainage patterns and to calculate the 100 year nm-off for the limits of the project. The City shall furnish copies of all existing and/or known, proposed design drawings, plans, calculations, and other such data which will directly contribute t° the completion of design for this project. The street reconstruction shall include excavation and removal of existing pavement and installation approximately 4,560 linear feet of eight inch (8") reinforced Portland cement concrete with six inch (6") lime treated subgrade. The reinforced concrete pavement shall conform to the Thoroughfare Plan of the City, and shall consist of an eight (8) lane divided section from State Highway 121 to Memorial Drive and six (6) lane divided section from Memorial Drive to South Colony Boulevard, with a south bound left turn lane being added on the north side of the intersection. The thoroughfare shall include curbing on both sides plus replacement concrete sidewalks, driveway approaches and alley intersections as required. The major drainage facility for this area is being designed as part of the area's development process. Other drainage reconstruction shall consist of up-grades of the system to conform with the City's current drainage criteria. The Traffic Signal construction shall include new mast-arm signals at the intersection of Paige Road and Memorial Drive and new span-wire signals at the intersection of Paige Road and S. H. 121. The existing traffic signals at the intersection of Paige Road and S. Colony Boulevard shall be modified to accommodate the additional lanes of traffic. The estimate'ofprobable construction costs, determined fi'om the best information available at this time, totals $3,163,000 (see Exhibit "D"), not including any design en~neering or surveying costs. Based on the above probable construction costs, Hunter Associates Texas, Ltd., will perform the following Basic Engineering Services for a fixed fee as calculated in Exhibit "D" in the amount of $182,380.00. Additional special engineering services will be performed on a cost pins basis in accordance with the Rate Schedule attached hereto as Exhibit "B". The following special services will be performed: Design field survey and setting project controls: $31,900 Total Engineering Services shall not exceed $ 214,280.00 without written authorization from the City. The Colony 1999 Thoroughfiu~ Bond Program Phase 2 Contract FINAL.wpd Page 9 of 15' Basic Engineering Services 1. Attend preliminary conferences with the City regarding the requirements of the project. 2. Determine the necessity for any acquisition of any additional real property/easements/ROW for the project, and prepare the necessary easement doctunent by the tracts, 3. Prepare a preliminary engineering studY and report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, to include preliminary plans and cost estimates for the project, and to set forth clearly the Engineer's recommendations, for any revisions that are necessary. 4. Furnish the City three (3) copies of the preliminary plans, if applicable (addi'tional copies will be furnished to the City at direct cost of reproduction); 5. Submit detailed drawings and plans/specifications to appropriate regulatory agency(ies) and obtain clearance(s).. 6. Prepare bid packet/cOntract documents/advertisements for bids. 7. Conduct bid opening and prepare minutes. 8. Tabulate, analyze, and review bids for completeness and accuracy. 9. Accomplish construction contractor eligibility verification. 10. Conduct pre-construction conference and prepare copy of report/minutes. 11. Issue Notice to Proceed to construction contractor. 12. Provide in all proposed construction contracts deductible alternatives where feasible, so that should the lowest responsive base bid for construction exceed the funds available, deductive alternatives can be taken to reduce the bid price. 13. Make periodic visits to the site to observe the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract. 14. Consult with and advise the City during construction; issue to contractors all instructions requested by the City, and prepare routine change orders, if required, at no charge for Engineer services to the City when the change order is required to correct errors or omissions by the Engineer, provide price analysis for change orders; process and submit change orders to the City for approval. 15. Review shop and working drawings furnished by contractors for compliance with design. concept and with information given in contract documents (contractors shall be responsible for dimensions to be confined and correlated at job site). The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wlxi Pagel0of 15 16. Based on the Engineer's on-site observations and review of the contractor's applications for payment, determine the amount owing to the contractor in such amounts; such approvals of payments to constitute a representation to the locality, based, on such observations and review, that the work has progressed to the point indicated and that the quality of work is in accordance with the plans, specifications and contract documents. 17. Require that a retainage is withheld from all payments on construction contracts until final acceptance by the locality. 18. Prepare Certificate of Construction Completion and Clear Lien Certificate. 19. Conduct interim/final inspection. 20. Revise contract drawings to show the work as actually constructed, and furnish the City with a set of"Record" plans. Additional EnRineering Services. (when requested by the City) 1. Surveying and preparing right-of-way'or easement documents for offsite utility or drainage facilities. 2. Provide consultation such as auger borings, core borings, soil tests, or other subsurface explorations: laboratory testing and inspecting of samples or materials; other special consultations. The Engineer will review any tests required and act as the City's representative in connection with any such services. 3. Perform a hydraulic studies as appropriate. 4. Provide a resident inspector during construction. 5. Assist the City in claims and disputes from contractors or other parties in relation to this project. 6. Provide general environmental services. 7. Perfor~n other tasks as identified and requested by the City. Project Schedule It is anticipated that the Final Plans, Specifications, Estimate of Probable Costs and Contract Documents can be completed within one hundred fifty (150) calendar days after receiving City's Notice to Proceed. The Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wpd Page 11 of 15 EXHIBIT "B" CITY OF The Colony AGREEMENT FOR ENGINEERING SERVICES PART 1: PERCENTAGE OF CONSTRUCTION COST Compensation to the Engineer for Basic Services shall be a fixed total fee based on the Engineer's initial opinion of probable construction cost with each phase of the project compensated for proportionally as defined below. The scope of Basic services, the fixed fee and the initial probable construction cost are defined in Exhibit "A". Monthly statements shall be submitt~ by Engineer and approved by the City. Preliminary and Final Design Plans and Specifications and Design Survey 75% Preparation of Bid'Documents and Contract(s) 10% Construction Phase 15% 100% PART 2: COMPENSATION FOR BASIC ENGINEERING SERVICES: Monthly progress payments for BASIC ENGINEE~G SERVICES shall be paid based on actual costs as determined in Exhibit "C". The sum of progress payments divided by the Engineer's preliminary opinion of probable construction cost shall not exceed the percentages in Part 1 above. When each phase is complete, the total percentage shall be due and payable within 30 days. PART 3: COMPENSATION FOR ADDITIONAL ENGINEERING SERVICES: Monthly prowess payments for ADDITIONAL ENGINEERING SERVICES shall be paid based on actual costs as determined in Exhibit "C'. Work performed because of an increase in scope or because of change orders during construction shall also be paid based on actual costs as determined in Exhibit "C'. PART 4: ACTUAL COSTS: Direct Salary_ Cost - Direct Salary Cost is defined herein as the cost of salaries (including sick leave, vacation, holiday, incentive pay, plus unemployment, payroll taxes, social security, workmen's compensation insurance, retirement, profit sharing plan, 40 lk plan, bonus, medical and life insurance benefits and other benefits and projected costs). Thc Colony 1999 Thoroughfare Bond Program Phase 2 Contract FINAL.wpd Page 12 of 15 Multinlier- Overhead, Administration Cost, taxes and contributions to growth are a multiplier which is apPlied to Salary Cost and defined herein as a reasonable margin for contingency, interest on invested capital, readiness to serve, contribution to growth; and is described in Exhibit "C". Direct Non-salary Expenses - Non-salary expenses which are identified and provided on this project are applicable to work such as computer rental, soil testing, property ownership investigations, mapping, surveying, outside services, laboratory cost, subcontractor(s), blue printing, photocopying and binding, draf~g and stenographic and surveying supplies, telephone and paging unit costs, and living or traveling expenses. A service Charge described in Exhibit"C' is added to the base cost paid for any direct non-salary expenses. Labor Intmt Cost - The work level of each employee with direct salary cost, per hour, is defined and shown on Exhibit "C" attached hereto. Record for the Cost of Professional Services - Cost shall be accounted for by the Engineer with cost accounting records maintained on a monthly basis.' Adequate detail hourly time records for all employees who devote time to the work will be maintained. Applicable records together with receipts will be available for inspection. Payment -Payment will be made to the Engineer during execution of the work, based on monthly invoices, and within a reasonable period of billing date. The Colony 1999 Thoroughfare Bond Program Pha~ 2 Contract FINAL.wlxl Page 13 of 15 EXHIBIT "C" HUNTER ASSOCIATES TEXAS, LTD. ENGINEERS/PLANNERS/SURVEYORS COST RATE SCHEDULE JANUARY 1, 2000 Salary Costs The Company has divided its workers into 12 experience and work levels. The Company will bill the cost of these employees at the hourly rates shown below limes a multiplier of 2.0. WORK SUMMARY HOURLY LEVEL DESCRIFI'ION RATE 12 Executive Engineers & President $ 52.00 11 Supervising Manager/Engineers/Survey & Vice Presidents $ 46.00 10 Associate & Principal Design Engineers $ 36.00 9 Senior/Project engineers & Registered Surveyors $ 32.00 8 Staff Engineers, Senior Planners & Accountants $ 29.00 ? Engineering Assistants & Planners, Sr. Secty., A/R Mgr. $ 27.00 6 Technical Writers, CAD Technicians, Sr. Inspectors, Survey Tech. $ 25.00 5 Senior secretary, Inspectors, CAD Operators $ 22.00 4 Secretary, Accounts Rec/Payable Personnel $18.00 3 Senior Clerical Worker $15.00 2 Clerical Worker $13.00 1 Beginners & Trainees $12.00 Non-Salary Costs The Company will bill all NON-SALARY AND SUB-CONTRACT COSTS at cost plus twenty five percent (25%). Other services will be billed as shown below plus twenty five percent (25%). A. Transportation expense will be charged at $0.325 for cars and $0.55 for trucks per mile for transportation to and from Company office to the job site, or between locations. B. Cost of stakes iron pins, lath etc., used in coustruction layouts and surveys are charged as they are used by the field parties or engineers. C. Blue prints, Plots and other out-of-pocket material, communication and equipment cost will be charged. D. Engineer's two-man field survey party, furnished with standard equipment, will be charged at the standard rate .of seventy five dollars ($85) per hour. Extra survey equipment and personnel would be charged as additional out-of-pocket costs. Survey cost for other subcontractors will be charged at their standard rates. E. The Company computer charges will be at the rate of eight dollars ($8) per hour. All of the above rates are subject to upward adjuslment each January 1's by an amount equal to the U.S. Conslruction Inflation Rate as published by the Government. The Colony 1999 Thoroughfar~ Bond Program Phase 2 Conlract FINAL.wpd Page 14 of 15