RPVCCA_CC_SR_2014_06_03_J_Geotechnical_Consulting_Contract_RenewalCITY OF RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
TO: HONORABLE MAYOR & CITY CO CIL MEMBERS
FROM: JOEL ROJAS, COMMUNI ELOPMENT DIRECTOR
DATE: JUNE 3, 2014
SUBJECT: CONTRACT RENEWAL FOR GEOTECHNICAL CONSUL TING
SERVICES
REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE ~
Staff Coordinator: So Kim, Associate Planne #
RECOMMENDATION
Authorize the Mayor and City Clerk to execute an extension of the current professional
services agreement with Kling Consulting Group, Inc. to provide geology and geotechnical
engineering consulting services on an as-needed basis to the City for an additional one
year period until June 30, 2015.
BACKGROUND
Due to the complex soils and geology of the Palos Verdes Peninsula, the Community
Development Department contracts on an as-needed basis for the professional services of
licensed geologists and soils engineers. Since 1997, the firm of Kling Consulting Group
(formally known as Zeiser Kling Consultants) has served as the City's primary geotechnical
consultant for reviewing private development proposals and certain City projects. The
current contract is set to expire on June 30, 2014. Staff is recommending that the current
geology contract be extended for an additional one year at this time, so it expires on June
30, 2015.
DISCUSSION
As the City's primary geotechnical consultant, Kling Consulting Group, provides a variety of
specialized services. These include reviewing geology reports for development projects
that range from additions to single family residences to major projects, such as new
subdivisions and large non-residential projects; conducting field inspections of proposed
construction, as requested by the City's Building Official; and providing advice to the City
on drainage issues, illegal grading activities or any other geological issues that may arise.
30940 HAWTHORNE BLVD / RANCHO PALOS VERDES, CA 90275-5391
PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 I BUILDING & SAFETY DIVISION (310) 265-7800 I DEPT FAX (310) 544-5293
E-MAIL: PLANNING@RPVCOM I WWWPALOSVERDES .COM/RPV J-1
Specifically, Kling Consulting Group is responsible for the geotechnical review of all of the
development projects that are approved by the Department. This primarily includes
conducting site visits to determine if geotechnical or soils reports will be required, reviewing
and commenting on submitted geotechnical and soils reports, and meeting with planners,
building inspectors and the public to answer a variety of questions dealing with submitted
reports. These services are paid for by project applicants through set geologic review fees
(the fee schedule is attached). In addition, when requested to do so, Kling Consulting
Group geologists assist Staff in processing view restoration cases (tree removal on slopes),
assessing the severity of code enforcement cases (illegal grading), attend meetings and
conduct any other as-needed investigations on behalf of the City's Community
Development and Public Works departments. These additional services, which are billed
at an hourly rate, are generally not a part of a fixed fee process but are paid for from the
Department budget or from Trust Deposit accounts established by private individuals.
No change to the scope of work is being proposed by Kling Consulting Group or is being
requested by Staff at this time. Additionally, Kling Consulting Group intends to retain the
same key personnel. Furthermore, no changes are proposed to their hourly billing rates or
geology review fees that are paid by the project applicants.
Given the level of service provided to the City thus far and the expectation that it will
continue, Staff is recommending that the Kling Consulting Group contract be renewed for
one (1) year for the following reasons:
1) Kling Consulting Group, previously known as Zeiser Kling Consultants, has provided
competent and responsive service to the City and its residents over the last
seventeen years.
2) Kling Consulting Group geologists have built a strong knowledge of the unique
geologic conditions found on the Palos Verdes Peninsula, which would be difficult to
match or surpass by a new firm. This body of knowledge will be retained, as Kling
Consulting Group proposes no changes to its key personnel serving the City.
3) When requested to do so by Staff, Kling Consulting Group established a fixed fee
system for geologic review in 2000 and has continued to ensure that the system is
fairly implemented. The four categories of fees (see attached fee schedule)
established in 2000 have made it much easier for applicants since they know what
the review fees will be up-front. In addition, the set fees have eliminated the need
for City Staff to track overruns on trust deposit accounts or the need to collect
additional funds from applicants. Furthermore, there are no proposed increases to
the set fees with the new contact.
4) When requested to do so by Staff, Kling Consulting Group created guidelines in
2002 to assist the public in determining what types of projects would require
soils/geology reports. This information, which is provided to potential applicants in a
hand-out (attached), allows applicants to begin the preparation of geology reports
early in the process and also helps avoid the preparation of unnecessary reports.
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5) Although it's been over seventeen years since an RFP has been prepared for
geotechnical services, Staff does not believe it would be cost effective to prepare an
RFP at this time due to Kling Consulting Group's performance, lack of fee increase
and experience with the City's review process. This is because there would be a
cost to prepare the RFP and evaluate candidates and at least from the staff's
perspective, there's no compelling reason to seek out other firms at this time.
CONCLUSION
Kling Consulting Group is a highly qualified firm, with extensive experience and
professional credentials, and is familiar with the unique geologic conditions found on the
Palos Verdes Peninsula. This experience has been enhanced through the work completed
on behalf of the City over the last seventeen years. The review services provided have met
Staff's needs and expectations. As such, Staff supports continuing the contract with this
firm for an additional one year in accordance with the attached Services Agreement.
FISCAL IMPACT
Renewal of the contract would not result in any additional fiscal impacts, as the City's
proposed FY 14-15 budget includes $150,000 for geotechnical consulting services for the
review of privately initiated project geotechnical reports. This amount is based on the
expected amount of development activity for the fiscal year period, and is expected to be
approximately equal to the amount of revenue collected from the geologic review fees.
Thus far in FY 13-14 (through April), total revenue collected and total expenditures incurred
are about $101,000 each.
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for
consideration by the City Council:
1. Authorize the Mayor and City Clerk to execute a contract for less or more than one
year.
2. Direct Staff to make additional modifications to the proposed contract and bring the
revised contract back for further discussion at a future meeting.
3. Direct Staff to issue a new Request for Proposal (RFP).
ATTACHMENTS:
• Draft 2014-15 Contract with Kling Consulting Group, Inc.
• Geologic Review Fee Schedule
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PROFESSIONAL SERVICES AGREEMENT
FOR GEOTECHNICAL CONSUL TING SERVICES
THIS AGREEMENT is made and entered into this_ day of June, 2014, by and between
the CITY OF RANCHO PALOS VERDES, hereinafter referred to as "CITY", and Kling
Consulting Group., hereinafter referred to as "CONSUL TANT".
RECITALS
The City wishes to use the professional services of Consultant to provide geology, soils
engineering and geotechnical engineering consulting services to City on an as-needed basis;
and,
Consultant has represented that it has a unique and specialized knowledge and
understanding of, and experience with, geotechnical engineering, soils engineering and
engineering geology and is qualified to perform said services for City; and,
IN CONSIDERATION of the foregoing recitals and the covenants hereinafter set forth,
the parties hereto mutually agree as follows:
ARTICLE I
SCOPE OF CONSULTANT'S SERVICES
Consultant shall, in a professional and timely manner, perform the following services,
when requested by the City, by or under the direct supervision of Consultant's licensed
engineering geologist and/or soils engineer:
A. Field Reviews. Perform site field inspections of proposed construction as
requested by the Building Official, City Engineer or other City official. Make a visual evaluation
and submit a written memorandum stating findings and recommendations. Such site field
inspections are typically performed during plan check to determine if soils and/or geologic
reports are required. Field review of a given site shall be performed only where City has
established a valid plan check, trust deposit, or other payment schedule for billing time charges .
Field review reports shall be submitted to the City no later than the following working day.
B. Review Geotechnical Reports. Review the following types of soils and geology
reports presented to Consultant by City:
i. Soils and/or geology investigation reports performed for proposed
construction in the City;
ii. As-built geotechnical reports for construction, such as, for caissons,
retaining walls, etc.;
iii As-graded reports for grading of single lots and/or larger subdivisions in
the City;
iv. Other reports of inspection and testing of compacted fills that are placed
in the City .
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Review of reports of hazardous wastes or materials is outside the provisions of this
agreement.
Consultant shall review and evaluate reports, checking the consistency of the findings,
conclusions and recommendations, and ascertain whether the provisions of the Rancho Palos
Verdes Municipal Code are satisfied. Consultant may also perform site field inspections ,
logging of borings and trenches , sampling and laboratory tests, engineering analysis , and other
tasks , as Consultant deems appropriate to assist in Consultant 's reviews .
No later than two (2) weeks after Consultant receives a report to review , Consultant shall
submit a written review letter to City stating the results of Consultant's review and Consultant 's
recommendations of either:
• Non-approval. Consultant shall state why approval was not recommended and
shall list questions to be addressed by subsequent reports.
• Approval. Consultant shall recommend to City the conditions of approval of
projects , issuing of permits and certifications of occupancy , as appropriate .
C . Special Studies . As occasions arise , Consultant may be called upon to perform
special geologic or geotechnical studies or other work requested by City . Charges shall be
billed as defined under Article IV (Compensation) either to a trust deposit account or budget
account, or a specific contract proposal shall be prepared and agreed to in writing by City and
shall define the scope of work and payment schedule.
D. Records . All costs are to be allocated to the appropriate trust deposit, plan check
number or other special fund to which they pertain . The tract, lot or parcel numbers, address or
other designation to identify the project site to which the costs pertain shall be indicated on all
records and documents.
ARTICLE II
PERFORMANCE OF SERVICES
Consultant shall perform all services and duties pursuant to this Agreement in a
professional and timely manner, at the direction of the Director of Planning , Building and Code
Enforcement or Director of Public Works or the Directors ' designee. All directives , instructions ,
or other communications from City to Consultant shall be through only the Director of Planning ,
Building and Code Enforcement or Director of Public Works or the Directors' designee.
ARTICLE Ill
TERM
This Agreement shall commence on July 1, 2014, and shall terminate on June 30, 2015,
unless otherwise extended by the parties hereto .
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ARTICLE IV
COMPENSATION FOR SERVICES
City shall pay Consultant for its professional services rendered and costs incurred
puq:rnant to this Agreement in accordance with the rates and amounts set forth in the fee and
cost schedule attached hereto as Exhibit "A" and incorporated herein by reference. The
schedule of hourly rates shall be good through the term of this contract, pursuant to Article Ill.
City may request in writing that Consultant perform additional services not covered by
the specific Scope of Work set forth in this agreement, and Consultant shall perform such
services and will be paid for such additional services in accordance with Consultant's schedule
of hourly rates attached hereto as Exhibit "A" and incorporated herein by reference.
Consultant shall submit to City, by not later than the tenth (1 Oth) day of each month, its
bill for services rendered and costs incurred during the previous month. If Consultant's bill is
properly prepared and received by City by not later than the tenth (10th) day of the month, City
shall pay Consultant all uncontested amounts set forth in Consultant's bill by not later than 30
days from the date that the bill was received. All other properly billed and uncontested invoices
received after the 10th of the month shall be paid by City not later than forty-five (45) days after
receipt of Consultant's bill by City. It is further agreed that the periodic billings are correct,
conclusive and binding unless Consultant is notified in writing by City ten (10) days from the
date of receipt of the billing of any alleged inaccuracies, discrepancies or errors in billing.
All payments due Consultant shall be paid to:
Kling Consulting Group, Inc.
18008 Sky Park Circle, Suite 250
Irvine, California 92614
In the event City fails to pay any undisputed amounts due Consultant within forty-five
(45) days after invoices are received by City, then City agrees that Consultant shall have the
right to consider said default a breach of this Agreement and may be terminated by Consultant
without liability to Consultant upon ten (10) working days advance notice to City.
ARTICLE V
PERSONNEL
Consultant shall provide all personnel necessary to properly perform the services and
duties required under this Agreement, and shall at all times direct such personnel in the
performance of such services and duties. Henry F. Kling, James M. Lancaster, Jeffery Tyson,
Hans Tolksdorf, and Dante Domingo shall be principally responsible for Consultant's obligations
and performance under this Agreement and shall serve as the principal liaisons between City
and Consultant. Consultant shall not designate representatives or liaisons other Henry F. Kling,
James M. Lancaster, Jeffery Tyson, Christopher Sandoval, and Dante Domingo without the
prior written consent of either the Director of Community Development or the Director of Public
Works of City, except for temporary re-assignments in the case of vacation, illness or
emergency, where consultant shall provide verbal notification to either the Director of
Community Development or the Director of Public Works of City.
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Consultant shall notify City in writing of its recommendation of the retention of any
supplemental sub-consultants and the need therefor . However, City shall have the exclusive
authority to determine whether such sub-consultants shall be retained pursuant to Consultant's
recommendation.
ARTICLE VI
DUTIES OF CITY
City shall provide or make available to Consultant, without charge or expense, all
information, data, records, maps, reports, plans , equipment, or other material in its possession
necessary for carrying out the services and duties contemplated under this Agreement.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
City and Consultant agree that all final records, data, reports or other documentation
prepared by , in response to , or as a result of the performance of this Agreement shall be the
sole property of City, and are to remain confidential, and shall not be released or otherwise
made available to any person , entity or organization without the express prior written approval of
City . Copies of any data , records , reports or other documents held by Consultant shall be
delivered to City upon demand. During the term of this Agreement, Consultant may retain one
copy of each document for its records .
No reports, maps or other documents produced in whole or in part under this Agreement
shall be the subject of an application for copyright by or on the behalf of Consultant. It is agreed
that all records, data , reports or other documents generated by Consultant for City can only be
used for the specific location and/or specific improvement without the written consent of
Consultant.
ARTICLE VIII
CONFLICT OF INTEREST
Consultant agrees not to accept any employment or representation during the term of
this Agreement which is or may likely make Contractor "financially interested" (as provided in
California Government Code Sections 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained pursuant to this Agreement.
Consultant also warrants that it is not, at the time this Agreement is entered into ,
engaged in any employment or representation which will or may likely make Consultant
"financially interested " in any decision made by City on any matter in connection with which
Consultant has been retained pursuant to this Agreement.
ARTICLE IX
INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND
In connection with its professional services, CONSUL TANT shall hold harmless, defend
and indemnify CITY, and its officials, officers, employees, agents and independent contractors
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serving in the role of CITY officials , and designated volunteers (collectively, "lndemnitees "), w ith
respect to any and all claims , demands, causes of action , damages , injuries , liabilities , losses,
costs or expenses , including reimbursement of attorneys ' fees and costs of defense
(collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury
to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in
part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its
officers , employees, subcontractors, or agents in the performance of its professional services
under this Agreement. All duties of CONSUL TANT under this Sub-section A shall survive
termination of this Agreement.
ARTICLEX
INSURANCE
CONSUL TANT shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property that may arise from or in
connection with the negligent performance of the work hereunder by CONSUL TANT, its agents ,
representatives or employees.
A. General Liability
CONSUL TANT shall at all times during the term of the Agreement carry, maintain , and
keep in full force and effect , a policy or policies of Commercial General Liability Insurance , with
minimum limits of one million dollars ($1 ,000,000) for each occurrence and two million dollars
($2,000,000) general aggregate for bodily injury, death , loss or property damage arising from or
pertaining to activities undertaken by CONSUL TANT in the performance of this Agreement.
Said policy or policies shall be issued by an insurer admitted or authorized to do business in the
State of California and rated in A.M. Best's Insurance Guide with a rating of A:Vll or better .
B. Professional Liability
CONSUL TANT shall at all times during the term of this Agreement, carry, maintain, and
keep in full force and effect a policy or policies of professional liability insurance with a minimum
limit of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000)
general aggregate for errors and/or omissions of CONSUL TANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer authorized or admitted to do
business in the State of California and rated in Best's Insurance Guide with a rating of A:Vll or
better. If a "claims made" policy is provided, such policy shall be maintained in effect from the
date of performance of work or services on the CITY 's behalf until three (3) years after the date
of work or services are accepted as completed. Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3) years or by a
three-year extended reporting period endorsement , which reinstates all limits for the extended
reporting period . If any such policy and/or policies have a retroactive date, that date shall be no
later than the date of first performance of work or services on behalf of the CITY . Renewal or
replacement policies shall not allow for any advancement of such retroactive date .
C. Automobile Liability
CONSUL TANT shall at all times during the term of this Agreement obtain, maintain , and
keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum
of one million dollars ($1 ,000 ,000) per claim and occurrence and two million dollars
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($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred
thousand dollars ($500,000) for property damage arising from one incident.
D. Worker 's Compensation
CONSUL TANT agrees to maintain in force at all times during the performance of work
under this Agreement worker's compensation insurance as required by California law.
CONSUL TANT shall require any subcontractor similarly to provide such compensation
insurance for their respective employees .
E. Notice of Cancellation
(1) All insurance policies shall provide that the insurance coverage shall not
be cancelled by the insurance carrier without thirty (30) days prior written notice to CITY, or
ten (10) days notice if cancellation is due to nonpayment of premium . Additionally,
CONSUL TANT shall provide immediate notice to the City if it receives a cancellation or policy
revision notice from the insurer.
(2) CONSUL TANT agrees that it will not cancel or reduce any required
insurance coverage. CONSUL TANT agrees that if it does not keep the aforesaid insurance in
full force and effect, CITY may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, CITY may take out the necessary insurance and pay, at
CONSUL TANT's expense, the premium thereon.
F . Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSUL TANT shall maintain on file with
the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the
aforesaid policies are in effect in the required amounts. The commercial general liability policy
shall contain endorsements naming the CITY, its officers, agents and employees as additional
insureds.
G. Primary Coverage
The insurance provided by CONSUL TANT shall be primary to any coverage available to
CITY. The insurance policies (other than workers compensation and professional liability) shall
include provisions for waiver of subrogation.
ARTICLE XI
TERMINATION
This Agreement may be terminated at any time, with or without cause, by either party
upon sixty (60) days prior written notice. Notice shall be deemed serviced upon deposit in the
United States Mail or a certified or registered letter, postage prepaid , return receipt requested,
addressed to the other party, or upon personal service of such notice to the other party, at the
address set forth in Article XII.
In the event of termination or cancellation of the Agreement by Consultant or City, due to
no fault or failure of performance by Consultant, Consultant shall be paid compensation for all
services performed by Consultant, in an amount to be determined as follows: for work done in
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accordance with all of the terms and provisions of this Agreement , Consultant shall be paid an
amount equal to the amount of services performed prior to the effective date of termination or
cancellation in accordance with the schedule attached hereto as Exhibit "A "; provided, in no
event shall the amount of money paid under the foregoing provisions of this paragraph exceed
the amount which would have been paid to consultant for the full performance of the services
described in Article IV and the particular purchase order .
In the event of such termination , all finished or unfinished documents , reports , charts ,
data, studies, surveys , in the possession of Consultant under this agreement shall be returned
to City , at City 's option .
ARTICLE XII
GENERAL PROVISIONS
A. Fair Employment Practices/Equal Opportunity Acts. In the performance of this
Agreement , Consultant shall comply with all applicable provisions of the California Fair
Employment Practices Act (California Government Code Sections 12940-48) and the applicable
equal employment provisions of the Civil Rights Act of 1964 (42 U .S .C . 200e-217), whichever is
more restrictive.
B. Non-discrimination. Consultant shall not discriminate as to race, creed, religion ,
gender, color or national origin in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of the City relating thereto.
C. Legal Action .
( 1) Should either party to this Agreement bring legal action against the other,
the case shall be handled in Los Angeles County , California , and the party prevailing in such
action shall be entitled to reasonable attorney 's fees , which shall be fixed by the judge hearing
the case, and such fee shall be included in the judgment.
(2) Should any legal action about a project between City and a party other
than Consultant require the testimony of Consultant when there is no allegation that Consultant
was negligent, City shall compensate Consultant for its testimony and preparation to testify at
the hourly rates in effect at the time of such testi mony.
D . Compliance with Applicable Law . Consultant and City shall comply with all
applicable laws , ordinances and codes of the Federal, State and local Governments .
E. Assignment. This Agreement shall not be assignable by either party without the
prior written consent of the other party. Notwithstanding the foregoing , Consultant may use the
services of persons and entities not in its employ, when it is appropriate and customary to do so
upon prior approval by City . Such persons and entities include, but are not limited to, surveyors,
specialized consultants and testing laboratories . Consultant's use of others for additional
services shall not be unreasonably restricted by City , provided Consultant notifies City in
advance .
F . Independent Consultant. Consultant is and shall at all times remain , as to City , a
wholly independent Consultant. Neither City nor any of its agents shall have control over the
conduct of Consultant or any of Consultant's employees, except as herein set forth. Consultant
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expressly warrants not to , at any time or in any manner, represent that it , or any of its agents ,
servants or employees, are in any manner the agents, servants or employees of City, it being
distinctly understood that Consultant is, and shall at all times remain to City, a wholly
independent contractor and Consultant's obligations to City are solely such as are prescribed by
this Agreement.
G. Titles. That titles used in this Agreement are for general reference only and are
not part of this Agreement.
H. Extent of Agreement. This Agreement and Exhibit "A" represents the entire and
integrated Agreement between City and Consultant and supersedes all prior negotiations,
representations or agreements, written or oral. This Agreement may be modified or amended
only by a subsequent written agreement signed by both parties.
I. Legal Construction
(1) This Agreement is made and entered into in the State of California and
shall in all respects be interpreted, enforced and governed under the laws of the State of
California .
(2) This Agreement shall be construed without regard to the identity of the
persons who drafted its various provisions. Each and every provision of this Agreement shall be
construed as though each of the parties participated equally in the drafting of same, and any
rule of construction that a document is to be construed against the drafting party shall not be
applicable to this Agreement.
(3) The article and section, captions and headings herein have been inserted
for convenience only, and shall not be considered or referred to in resolving questions of
interpretation or construction .
(4) Whenever in this Agreement the context may so require, each gender
shall be deemed to refer to and include any other gender and the singular shall refer to and
include the plural.
J. Notices. All notices pertaining to this Agreement shall be in writing and
addressed as follows :
If to Consultant:
Mr. Henry Kling
President
Kling Consulting Group, Inc.
18008 Sky Park Circle, Suite 250
Irvine, California 92614
If to City :
Joel Rojas
Director of Community Development
City of Rancho Palos Verdes
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30940 Hawthorne Boulevard
Rancho Palos Verdes, Californi~ 90275
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
KLING CONSUL TING GROUP, INC.
By:
(Title)
Dated :
By:
(Title)
Dated:
CITY OF RANCHO PALOS VERDES
By :
Mayor
Dated :
Attest:
City Clerk
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EXHIBIT "A"
FEE SCHEDULE
ZEISER KLING CONSULTANTS
Rate
Personnel Classification (per hour)
Principal Geologist or Engineer $165.00
Associate Geologist or Engineer $150.00
Project Engineer or Geologist $125.00
Senior Engineer or Geologist $115.00
Senior Staff Engineer or Geologist $100.00
Staff Engineer or Geologist $88.00
Supervisory Technician · $105.00
Senior Technician $95.00
Field Technician $82.00
Technician Assistant $65.00
Draftsman $85.00
Administrative Support $50.00
Word Processing $58.00
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