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HomeMy WebLinkAbout1985-03-12; City Council; 8089; Consultant Agreement for Engineering ServicesCIT JF CARLSBAD - AGEND. JILL *6* frffi MTG 3/12/85 DEPT. FIMK TITLE: CONSULTANT AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES DEPT. HD. CITYATTY CITY MGR..J 1C\ 2*~ RECOMMENDED ACTION: Adopt Resolution No. O I O 1 _i O OO approving a consultant agreement for assessment engineering services with Neste, Brudin & Stone, Inc. and authorizing the Mayor to execute the agreement. ITEM EXPLANATION; Because the City has received a number of requests for assessment districts using 1915 Act bonds and because most of these districts will be both large and complex, the services of a consultant assessment engineer are required. Proposals were received from seven firms and were evaluated independently by three staff members. The firm of Neste, Brudin & Stone, Inc. was recommended as being the best qualified. Mr. Norman Neste will be the individual actually performing the duties and his experience and qualifications are outstanding. The contract with Neste, Brudin 4 Stone, Inc. is to serve as the City's assessment engineer for all large districts - particularly involving 1915 Act bonds - and is not tied to any Specific district. The firm will be paid on an hourly rate for general advice given to staff in evaluating requests for districts. Once a district gets to the point where Council authorizes that procedures toward forming a district begin, a supplemental agreement with Neste, Brudin & Stone, Inc. will be signed with a specific scope of work and a fixed fee. Although the primary purpose for this agreement is assessment engineering, preparation of plans and specifications or other work could be included in the agreement on a specific project if staff felt that was preferable to a separate contract with another engineer. FISCAL IMPACT: The City may be required to spend a small amount of money on an hourly basis for advice from time to time on general assessment engineering procedures. Funds are available in the amount of $7,000.00 in the Assessment District Revolving Fund account number 330-1840-3100 which may be used for this purpose. Page No. 2 of Agenda Bill FISCAL IMPACT; (continued) Once Council authorizes work on a district, the developers or proponents of the district must deposit funds with the City in advance sufficient to cover all costs. If the assessment district is successful, these deposits will be reimbursed from the sale of bonds for the district. EXHIBITS: 1. Memo from City Engineer dated July 26, 1984 recommending Neste, Brudin i Stone, Inc. 2. Assessment District Status Report dated March 7, 1985. 3. Resolution No. "7^^ approving a consultant agreement with Neste, Brudin & Stone, Inc. and authorizing the Mayor to execute it. 4. Agreement with Neste, Brudin & Stone, Inc. (on file in the Engineering Department). NOTE FROM CITY MANAGER: Council has authorized three assessment district projects which are currently being worked on by Neste: College Avenue $70,000 Cannon Road $80,000 James Drive $48,000 The James Drive engineering cost was advanced by the city. The Cannon and College project funds were contributed by developers. JULY 26. 1984 TO: CITY MANAGER FROM: CUy Engineer SELECTION OF ASSESSMENT ENGINEER Recommendation: Select Neste, Brudin & Stone, Incorporated as the City's Assessment Engineer. Background; Statements and qualifications were received from seven firms: 1. Neste, Brudin and Stone, Incorporated. 2. Bement, Dalnwood, Sturgeon. 3. Berryman & Stephenson, Incorporated. 4. Willdan Associates. 5. Jaykim Engineers. 6. Nasland Engineering. 7. Fraser and Associates. Selection; Each statement of qualifications was read and evaluated by Richard Allen, Capital Projects Manager, the City Engineer and the Finance Director. The firms are listed above in order of rank. Each of the first four firms 1s well qualified and has considerable experience with 1913/1915 Act Assessment Districts and each has at least one well qualified Individual. The remaining three firms have neither the qualifications nor experience adequate for the large assessment districts with developer Involvement as contemplated by the City. This decision was reached independently by all three individuals who rated the firms. Neste, Brudin and Stone Is recommended for selection because Norman Neste, their assessment expert, will be project manager, the firm scored highest In the evaluation, their workload permits handling large assessment districts in a timely manner and their estimated price for a large district Is competitive. EXHIBIT 1 MARCH 7, 1985 TO: CITY MANAGER FROM: City Engineer ASSESSMENT DISTRICT STATUS REPORT A. LARGE ASSESSMENT DISTRICTS Note: All these proposed districts involve arterial streets, 1915 Act bonds which involve the City and must conform to Council Policy 33. 1. College Boulevard Status: Preparation of assessment district and contract plans underway. Limits: Palomar Airport Road to El Camino Real Major Properties: Koll Co., Signal Landmark, Huntington Beach City Council authorized the assessment district on November 27, 1984. Developer has deposited $70,000 to cover staff and consultant costs. Plans are being prepared by Rick Engineering. Neste, Brudin and Stone are performing assessment engineering. Public hearing to form district and award construction contract tentatively scheduled for June 18th. 2. Cannon/College Status: Preparation of Debt Limit Report underway. Limits: Cannon from 1-5 to east City limits, College from El Camino Real to Cannon Road. Major Properties: Barnes Corp., Mandana Corp., A. 0. Kelly, Robertson, Western Land, Cantarini, O'Hara. City Council authorized the assessment district on November 27, 1984. Developers deposited $80,000 to cover staff and consultant costs. Neste, Brudin and Stone are performing assessment engineering. Public hearing for the Debt Limit Report tentatively scheduled for June 4, 1985. Preparation of contract plans and assessment hearing will follow Debt Limit Report and require additional deposit. EXHIBIT 2 MARCH 7, 1985 ASSESSMENT DISTRICT Page 2 STATUS REPORT Palomar Airport Road Status: Staff level discussions. Limits: Bridge over railroad to El Camino Real Major Properties:Palomar Airport Business Park, Signal Landmark, Huntington Beach, Palomar Oaks, Koll Company, Paul Ecke, Palomar and Co., San Diego County. Oaks, .. Palomar Since no property owners have submitted petitions, staff decided that the City should initiate the district. Preliminary boundary and estimate have been prepared. A request for $80,000 to prepare a debt limit report is in the proposed 1985-86 C.I.P. budget. A letter was sent to property owners asking them to express their interest. A report will follow in two weeks. This project must go to Project Review Committee before further work can be done or assessment engineering authorized. Rancho Santa Fe Road Status: Staff level discussions. Limits: Olivenhain Road to Melrose Drive. Major Properties: Daon Corporation Staff has decided to initiate this district also. Preliminary boundary and very rough estimate have been prepared. A request for $50,000 to prepare debt limit the proposed 1985-86 C.I.P. budget. Daon a petition and requested to sign. This go to Project Review Committee before is authorized. report is in will be sent project must further work Melrose Drive Status: Requested by developer Limits: Alga Road to Palomar Airport Road. Major Properties: Woodward Co., Daon. Initial staff consensus is that this is premature and should not be considered until Palomar Airport Road is widened. Final decision and response to developer needs to be done. MARCH 7, 1985 ASSESSMENT DISTRICT STATUS REPORT Page 3 B. SMALL ASSESSMENT DISTRICTS Note: These districts are for local streets requested by property owners with City fronting initial money. 1. James Drive Status: Debt Limit Report filed; hearing continued to March 12, 1985. Limits: North of Basswood Drive. Major Properties: O'Gara, Shimamoto, Maldonado. Hearing originally held on December 11, 1984, but continued due to several protests over high cost estimate and discussion of whether street should continue to Oak Avenue. Continued to March 12, 1985. Council will be asked which alternative (cul-de-sac or through) should proceed; costs have been reduced. City has spent $48,000 to date. Public hearing scheduled for March 19, 1985. 2. Cynthia Lane Status: On hold. Limits: Between Knowles Avenue and Buena Vista Way. Major Properties: Wickham and others. Request for an extension of a cul-de-sac street. Due to workload, given low priority. Council authorized spending $30,000 in 1984-85 C.I.P. C. BLOCK ACT ASSESSMENT DISTRICTS Note: These are initiated by City to complete a gap in improvements in an area where the majority of improvements are already in. MARCH 7, 1985 ASSESSMENT DISTRICT STATUS REPORT Page 4 Appian Road Status: Under design Limits: In front of Frazee property just south of Elm Avenue. Property: Frazee. This is the only segment of Appian Road not completed. Pavement is half-width. Need remaining pavement, curb and sidewalk. Also need additional right-of-way. Park Drive Status: Design to start about April 1, 1985. Limits: North side Cove Drive to Marina Drive. Properties: Wilson, Dickerson, Spangler. All owners required to put in improvements as condition of parcel maps, but have not done so. Preliminary work has started, assessment map and estimate are completed. Design will start shortly; this project will follow about 30 days behind Appian Road. RONALD A. BECKMAN RAB:RHA:rlh c: City Attorney 1 2 3 FOR CONSULTING ASSESSMENT ENGINEERING SERVICES 4 26 27 28 RESOLUTION NO. 7929 A RESOLUTION OF THE CITY COUNCIL OF TH€ CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE FIRM OF NESTE, BRUDIN & STONE, INC. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. The agreement between the City of Carlsbad and the firm of Neste, Brudin & Stone, Inc. for consulting assessment engineering services, a copy of which is on file in the Engineering Department, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute such agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 12th day of 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MARY H. CA0IER, Mayor ATTEST: 22' 23 March , 1985, by the following vote, to wit: AYES: Coucnil Neuters Casler, Lewis, Chick and Pettine NOES: None ABSENT: Council Member Kulchin AL/THA L. 1fl(lJPetfKRAN% City Clerk KAREN R. KUNDTZ, Deputy City Clerk (SEAL) 25 AGREENENT FOR ASSESSMENT ENGINEERING SERVICES (MASTER AGREEMENT) THIS AGREEMENT, made and entered into as of the of Aj/S^er/ > 19^5""*, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and NESTE, BRUDIN & STONE, INC., hereinafter referred to as "Consultant." RECITALS City requires the services of Consultant to provide th"e necessary assessment, design and related engineering services to assist in processing requests for assessment districts and assessment district procedures authorized by the City Council; and Consultant possesses the necessary skills and qualifi- cations to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS The principal of Consultant for the assessment engineer- ing services shall be Norman A. Neste unless otherwise approved by the City Engineer. Consultant shall perform all work necessary to assist the City Engineer in processing or initiating assessment districts. The work shall be performed at the direction of the City Engineer. The work shall include but not be limited to the following tasks as directed by the City Engineer: a. Preparation of feasibility studies and advice to City on proposed assessment districts and their probability of success. b. Making presentations before City's Project Review Committee. c. Performing preliminary engineering studies. d. Preparing cost estimates. e. Preparing 1931 Act Debt Limit Report (when used). f. Preparing 1913 Act Engineer's Report. g. Meetings with property owners, h. Coordinating with bond counsel. i. Making presentations to City Council. j. Performing design surveys. k. Prepration of plans, specifications and contract documents for bidding and construction. 1. Administering construction bidding and bid review. Any work performed on an hourly basis as described in this section shall be only as directed by the City Engineer. Any work performed under a supplemental agreement shall be pursuant to the detailed scope of work for each authorized project, attached to and made a part of the supplemental agreement. - 2 - 2. CITY OBLIGATIONS City shall: a. Provide one copy of the City of Carlsbad Standards. b. Provide blank mylar sheets with City title block when needed for engineering drawings. c. Receive all requests for assessment districts and determine the action to be taken. d. Set agenda and schedule for the Project Review Committee. e. Prepare all agenda bills for City Council. f. Assist Consultant by placing at its disposal al'l available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the project. g. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by Consultant and render necessary decisions pertaining thereto within a reasonable time so as not to delay the work of Consultant. h. Provide legal accounting and insurance counseling services as may be reasonably required for the project. i. Designate, in writing, a person or persons to act as re-presenttive of City with respect to the work to be performed under this Agreement; such person shall transmit instructions, receive information, interpret and define policies and decisions of City with respect to materials, equipment elements, and systems pertinent to the work covered by this Agreement. j. Give prompt notice to Consultant whenever City observes or otherwise becomes aware of any defect in the project. k. Obtain, with Consultant's assistance, approval oT all governmenal authorities having jurisdiction over the project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the project. 3. PROGRESS AND COMPLETION Consultations on an hourly basis shall commence immedi- ately when authorized in writing by City's designated representative. The work under the supplemental agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time period specified in the supplemental agreement. Extensions of time may be granted if requested by Consultant and agree to in writing by City Engineer, In consideration of such requests, City Engineer will give allowance-for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Consultant, or delay caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT Fees for consultations or other work on an hourly basis shall be based on the hourly rates listed in Exhibit A. Fees for work on a specifically authorized district shall be in accordance with the supplemental agreement for that project. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7% "Changes in Work". 5. PAYMENT OF FEES a. Consultant shall submit itemized billings on a monthly basis indicating services performed and/or hours worked. Payments may be made based on monthly billings submitted by Consultant and approved by the City Engineer. b. Consultant shall be reimbursed for out-of-pocket expense as set forth in Exhibit "A" attached hereto or as set forth in any supplemental agreement. c. Consultant shall maintain time records, accounting records, and vouchers with regard to all services performed on an hourly billing rate basis, an City shall have the right to examine such records and Consultant's records of all cost items incurred or charged in connection with the project. d. Exhibit "A", Schedule of Hourly Billing Rates, is subject to revision on or about August 1 of each year to reflect salary and wage increases. e. Interest will be charged and shall be applied to any unpaid balance commencing thirty (30) days after the date of the original invoice (the delinquency date) at a rate of twelve (12) percent per annum. 6. FINAL SUBMISSIONS Consultant shall prepare and submit the work as set forth in Section 1 hereof in a timely manner and to conform to a calendar of proceedings as jointly established and agreed to by City, Bond Counsel, major property owners and Consultant except for delays beyond Consultant's control. 7. CHANGES IN WORK If, in the course of this Contract and design, changes seem merited by the Consultant or the City, and informal consul- tations with the other party indicate that a change in the conditions of the Contract is warranted, Consultant or City may request a change in Contract. Such changes shall be processed by City in the following manner: A letter outlining the required changes shall be forwarded to City or Consultant to inform them of the proposed changes along with a statement of estimated - 6 - changes in charges or time schedule. After reaching mutual agreement on -the proposal, a supplemental agreement shall be prepared by City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by Consultant or City shall be ordered by the City Engineer who will inform a principal of Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 8. DESIGN STANDARDS Consultant shall prepare the plans and specifications in accordance with the design standards of the City of Carlsbad aricf recognized current design practices. Applicable City of Carlsbad Standards and Regional Standards shall be used where appropriate. Copies of such standards shall be obtained from the City of Carlsbad. 9. COVENANTS AGAINST CONTINGENT FEES Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the - 7 - right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the Full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, City may terminate this Contract for nonperformance by notifying Consultant by certified mail of the termination of the contract". Consultant, thereupon, has five (5) working days to deliver said documents owned by City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which Consultant has performed which is usable and of worth to City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they - 8 - become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to writing by the principal of Consultant or the City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directe'd solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RESPONSIBILITY OF CONSULTANT Consultant is hired to render professional services of providing assessment, design and other related engineering services and any payments made to Consultant are compensation solely for such services. Consultant shall certify as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Registered Civil Engineer's number. - 9 - 1*. SUSPENSION OR TERMINATION OF SERVICES This -agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of City, Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. 15. STATUS OF THE CONSULTANT Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. Consultant shall be under control of City only as to the result to be accomplished and the personnel assigned to the project. However Consultant shall confer with City as provided for in this agreement. 16. CONFORMITY TO LEGAL REQUIREMENTS Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. - 10 - The City will provide copies of the approved plans to any other agencies. 17. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to City. Consultant shall have the right to make one (1) copy of the plans for its records. 18. HOLD HARMLESS AGREEMENT City, its agents, officers, and employees shall not b"e liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to indemnify and save free and harmless City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's active negligence. - 11 - 19. ASSIGNMENT OF CONTRACT Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If Consultant shall subcontract any of the work to be performed under this Contract by Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create arfy contractual relationship between any subcontractor of Consultant and City. Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering, inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become - 12 - directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for City who is authorized in such capacity and on behalf of City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. 23. ESTIMATES Since Consultant has no control over the cost of labor and materials, or over competitive bidding and market conditions, the estimates of construction costs provided for herein are to be made on the basis of Consultant's experience and qualifications, but Consultant does not guarantee the accuracy of such estimtes as compare to Contractor's bids or the project construction cost. 24. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", all terms, conditions, and provisions hereof - 13 - shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 25. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 26. CONFLICT OF INTEREST Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. NESTE, BRUDIN & STONE, INCORPORATED CITY OP CARLSBAD: Mayor / APPROVED AS C—Ti t-y v-fflTo r n e y JttZa&j - 14 - m II AllEXHIBIT "A NESTE, BRUDIN & STONE Engineers • Planners I NCORPORATED SCHEDULE OF HOURLY BILLING RATES Effective August 1, 1984 OFFICE: ENGINEERING Principal Consultant $82.00 Project Director 65.00 Senior Principal Engineer 65.00 Principal Engineer 62.00 Assistant Principal Engineer 58.00 Senior Engineer 56.00 Engineer 49.00 Geologist 49.00 Associate Engineer 45.00 Assistant Engineer 39.00 PLANNING Principal Planner 62.00 Assistant Principal Planner 58.00 Senior Planner 56.00 Planner 49.00 Associate Planner • 47.00 Assistant Planner 39.00 DESIGN AND DRAFTING Senior Designer 47.00 Designer 45.00 Senior Drafter 41.00 . Drafter 39.00 • Delineator 32.00 Engineering Aide 23.00 FIELD: CONSTRUCTION MANAGEMENT Principal Engineer 62.00 Senior Resident Engineer 56.00 Senior Project Representative 56.00 Resident Engineer 49.00 Project Representative 49.00 Associate Project Representative 47.00 Senior inspector 2.75 x Direct Salary Inspector 2.75 x Direct Salary SURVEYING Principal Surveyor 62.00 Assistant Principal Surveyor 58.00 Supervising Surveyor 56.00 3-man Survey Crew 155.00 2-man Survey Crew 109.00 1-man Survey Crew 54.00 Travel Time — (when in excess of eight hours work time per day) 3-man Survey Crew 72.00 2-man Survey Crew 50.00 SERVICES AND EXPENSES: Computer. Central Processing Unit (CPU) 15c/second Connect Time, per Hour 7.00 Printing 1.50/100-lines Minimum 25.00 Computer Analyst 56.00 Programmer 45.00 Technician 39.00 Researcher/Processor 32.00 Executive and Administrative Secretary 32.00 Data Entry '. 23.00 Secretary/Clerk 23.00 In-house Reproduction Cost Mileage 28c/Milc Subsistence Cost Other Expenses — including Special Consultants and Purchased Services through Subcontracts Cost + 10% Billing rates include twrriiead. equipment, space rental, etc These billing rales are subject lo increiu* August 1 at each year due lo union agreements and salary increases A late pai-nifnr H/V/W( 'f: CHAW if- u-ill be applied lo any unpaid balance, commencing thirtv i30> day* after the date ol the original invoice at the maximum interest rate -illoutrd K 'Jit ACTION TAKEN AT BOARD OF DIRECTORS' MEETING NESTE, BRUDIN & STONE INCORPORATED November 9, 1984 "On motion duly made, seconded, and unanimously carried, the following were named as officers of Neste, Brudin & Stone Incorporated with the respective titles until the next annual meeting of the shareholders: Norman A. Neste, Chairman of the Board John B. Brudin, President Charles F. Crandall, Chief Financial Officer Eugene L. Diepholz, Regional Vice President Jerry M. Dunlap, Regional Vice President William Koptionak, Regional Vice President Galen N. Peterson, Vice President Merle G. Schulze, Vice President & Secretary John F. Tanner, Vice President Norman L. Thomas, Vice President Beverly A. Vandruff, Assistant Secretary" I, Beverly A. Vandruff, Assistant Secretary of Neste, Brudin & Stone Incorporated, hereby certify that the fore- going is a true and correct copy of action legally taken by the Board of Directors of said Corporation, at a legal meeting of said Board duly and regularly held November 9, 1984, and that said action has not been modified or rescinded. Dated: March 5, 1985 BEVERLY A. VANDRUF.F Assistant Secretary ACTION TAKEN AT BOARD OF DIRECTORS' MEETING NESTE, BRUr>IN & STONE INCORPORATED February 22, 1985 "On motion duly made, seconded, and unanimously carried, the Board of Directors took action to ratify the intent of the procedures of the Standard Practice Manual as set forth in Table I of said Manual as follows: All Agreements for professional services shall be signed by a Corporate officer having the title of Chairman, President, Chief Financial Officer, Regional Vice President, or Vice President. Only one signature of any of the above will be required. Agreements or Contracts which exceed $100,000 in contract value shall only be signed with a single signature of the Chairman, President, or a Regional Vice President. The above signature requirement shall remain in effect until further modified or changed by action of the Board of Directors." I, Beverly A. Vandruff, Assistant Secretary of Neste, Brudin & Stone Incorporated, hereby certify that the fore- going is a true and correct copy of action legally taken by the Board of Directors of said Corporation, at a legal meeting of said Board duly and regularly held February 22, 1985, and that said action has not been modified or rescinded. Dated: March 12, 1985 ^BEVERLY A. VANDRUJ Assistant Secretary