R07-060
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1 RESOLUTION NO. R07- O~O
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 CITY MANAGER TO AWARD A CONTRACT TO
6 APPLIED TECHNOLOGY AND MANAGEMENT OF
7 WEST PALM BEACH FOR THE PURPOSE OF
8 STUDYING THE BOYNTON INLET FOR A CONTRACT
9 AMOUNT NOT TO EXCEED $122,500.00; AND
10 PROVIDING AN EFFECTIVE DATE.
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13 WHEREAS, the City Commission at its meeting of March 5, 2007 authorized City
14 staff to negotiate a task order that specifies responsibilities, deliverables, terms and conditions
15 with Applied Technology and Management for the purpose of studying the Boynton Inlet; and
16 WHEREAS, City staff has negotiated the attached Consulting Agreement and
17 believes that this document clearly outlines the scope of work required to carefully evaluate
18 all facets of the Boynton Beach Inlet and to make recommendations regarding potential
19 improvements; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon
21 recommendation of staff, deems it to be in the best interest of the citizens of the City of
22 Boynton Beach to approve and authorize the City Manager to the Consulting Agreement for
23 Fact Finding and Evaluation Study of the South Lake Worth Inlet with Applied Technology
24 and Management of West Palm Beach, Florida, for the purpose of studying the Boynton Inlet
25 in the amount not to exceed $122,500.00.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:ICAIRESOlAgreementslTask - Change OrderslATM (Inlet Study) ver 2.doc
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby approve and authorize the City Manager to execute the Consulting Agreement and
6 collateral documents with Applied Technology and Management of West Palm Beach, Florida
7 for the purpose of studying the Boynton Inlet in the amount not to exceed $122,500.00, a copy
8 of which is attached hereto as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of June, 2007.
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CITY OF BOYNTON BEACH, FLORIDA
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R07-o~o
"FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE
WORTH (BOYNTON) INLET"
CONSULTANT AGREEMENT FOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Applied Technoloeies and Manaeement. Inc., hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT services in connection with the project designated FACT FINDING AND
EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B"
attached hereto, including the provision of all labor, materials, equipment and supplies. No
modifications will be made to the original scope of work without the written approval of the
city's assigned project manager.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by 180 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$122.500.00 without express written modification ofthe agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
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e. The Consultant's records and accounts pertauung to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
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any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any ofthe services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
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17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this ah day of
irQ"
,2007.
CITY OF BOYNTON BEACH
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City Manager
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Consultant
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Attest! Authenticated:
&<~ \-AI bvJ )\v~ll-r ,,\'Jj I €t "'\ ~ J er
Title
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(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
Secretary
Rev. 1/22/91
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IN ITIALS: ________ (TfI E CITY)
INITIAU: ________ (ATM)
Attachment "An
APPLIED TECHNOLOGY AND MANAGE1\IENT
PROPOSAL FOR CONSULTING
SERVICES
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SOUTH LAI<E WORTH INLET - FACT FINDING
STUDY
PREPARED FOR:
City of Boynton Beach, FL
June 1, 2007
IN ITI/lI .s: ________ (TI {E CITY)
I;\TrI.IU. ________ (ATAI)
PROPOSAL FOR
CONSULTING SERVICES
SOUTH LAKE WORTH INLET, CITY OF BOYNTON BEI\.CH, FL
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INTRODUCTION
Applied Technology and Management (A TM) is pleased to provide the following Proposal for
Consulting Services. The Scope of Work outlined herein is based on previous discussions with the City
of Boynton Beach (The City) regarding the South Lake Worth Inlet (Boynton Inlet). Originally opened
up as a drainage inlet to improve water quality in the Lake Worth Lagoon, the inlet has been utilized as
ocean access by commercial and recreational small craft. There are existing inlet characteristics that
make navigation difficult and sometimes dangerous for boaters. As such there are safety concerns
about the current inlet configuration. Additionally, improvements to water quality in the Lake Worth
Lagoon continue to be a concern and alternative means of improving the inlet present themselves
through potential changes to the inlet's geometry As the City is only one of many stakeholders in this
project, it is paramount that all concerned parties become involved at appropriate levels to try to
constructively solicit input and build a consensus on the future of the inlet.
It is understood that the City is undertaking a fact finding study to assess the existing condition and
future potential enhancement alternatives to the South Lake Worth Inlet. Enhancement alternatives
should be ranked according to environmental, economic, social, engineering, safety and construction
criteria. \V'ith this focus in mind, A TM has developed this proposal for consulting services with the
following supporting work elements:
1. Collect, evaluate and compile applicable studies and surveys related to the inlet and Lake
Worth Lagoon.
2. Identify key stakeholders and establish open lines of communication for future consensus
building.
3. Coordinate and participate in a site visit and workshops to present ideas, solicit input and
ascertain the range of concerns related to the inlet's current performance and impacts
related to potential changes to the inlet.
4. Conduct a scoping level modeling study of the waves and currents within the inlet to
further defme practical alternatives.
5. Identify key physical constraints of the inlet and evaluate potential changes and
corresponding environmental, safety, construction, econOllliC and social unplicatlons for
the range of investigated alternatives.
6. Identify potential cost share/funding sources for construction and management of any
potential changes.
The following Tasks summarize the Scope of \V'ork to be performed by ATM.
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INITl/1LS: _~___~__ (TII L CITY)
INITIAU: ________ (ATM)
TASK 1 - DATA COLLECTION, COMPILATION, AND DESIGN CRITERIA
Under tlus task, A TM will collect all readily available data including but not limited to hydrographic,
topographic, and property surveys; aerial/satellite imagery of the inlet and surrounding areas;
meteorological and oceanographic data (winds, waves, tides, historical surge elevations, etc.); tidal
current velocity variations; environmental studies; inlet and beach management plans; historical inlet
improvement studies by others; boating and economic studies; boating traffic studies; and, available
design drawings for all inlet structures (bridge, bulkheads, jetties, bypass plant, ete.). Resources for this
information include Palm Beach County, FOOT, NOA...A/NOS, various A TM studies, ete. A TM will
catalog all available data collected and will make recommendations for collection of additional data if
significant gaps exist that would affect A TM's ability to proceed appropriately with the remaining work.
Task Deliverable: ATM will compile available information into a resource reference to be utilized
during future work efforts. A TM will develop a working base map for use in future task efforts.
Additionally, A TM will establish engineering design criteria of various risk categories based on storm
frequencies / return intervals. This will help to evaluate engineering parameters for various alternatives.
Task Schedule: This task will be completed within 45 days of Notice to Proceed.
TASK 2 - SITE VISIT, PRESENTATIONS AND WORKSHOPS
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It is understood that A TM will coordinate on all public affairs with Mrs. Carisse LeJ eune of the City
Manager's office on this project. It is anticipated that a brief 5 minute presentation will be given during
the June 19th City Commission meeting. A TM will assist in developing a powerpoint presentation that
summarizes the current condition of the inlet and the goals of this study. A TM will attend this meeting
and be prepared to address any general or technical questions presented by the Commission.
A TM will coordinate with Mrs. LeJ uene to set up and participate in an initial site Visit, as well as a
two public workshops. It is envisioned that a site visit will be initiated early in the process to invite key
stakeholders (Inlet Committee Members, Palm Beach County, local municipalities, Corps of Engineers,
FDOT, FDEP, SF\X1MD, L\X'DD, Marine Industries Association, ete.) to meet at the inlet, tour the area
and discuss general inlet conditions, plans for maintenance (bridge, inlet bypass plant, ebb/flood shoal
dredging, park grounds, infrastructure, ete.), service schedules, ete. This is not envisioned to be a public
forum, rather an open forum for key stakeholders to learn about the focus of the City's efforts and to
VOlCe OplnlOns. In support of this effort, A TM provide a contact list for appropriate representatives
from Palm Beach County's Department of Environmental Management and Parks and Recreation, the
Marine Industries Association, and others. A TM will attend the site Visit and lead discusslOns \vhere
appropriate, answering questions and providing pertinent Information on the Inlet and its
function/ performance.
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INITIAU: ________ (THE CITY)
INITIALS: ________ (ATM)
Additionally, it is anticipated that two public workshops would be held during the study process.
The fIrst would presumably occur just after the initial site visit and would be a public forum to present
information on the current status of the inlet and briefly outline the City's plans for studying the inlet
dynamics and alternatives to improve the inlet. Specific plans or alternatives will not be presented,
rather an outline of the study's path forward and acknowledgement that a range of alternatives eXist
spanning from no action to widening and re-structuring the inlet. It is envisioned that the City and
A TM would create a 15 minute presentation (powerpoint) for public viewing, followed by opening the
floor to the public for questions, comments, ete. The intention would be to gather public opinion
documenting any preferred changes to the inlet, concerns, recommendations, ete.
At the end of this study, having completed Tasks 3 and 4 herein, a second public workshop would
be held to present the fIndings of the study, along with viable alternatives to modifying the inlet. It is
envisioned that a 45 minute powerpoint presentation would be developed by A TM for this second
workshop As with the first workshop, it is anticipated that public comment would follow the
presentatlon thereby allowing the City to gage varying degrees of public support for the various
altern a tives.
Task Deliverable: A TM will assist with developing three powerpoint presentations and handout
materials for the Commission meeting on June 19th, as well as for each of the public workshops.
During all meetings and presentations, A TM will record minutes and will produce a summary of
meeting notes to be presented to the City within 5 business days of said event.
Task Schedule: This task is dependent on the ability to schedule the prescribed meetings. It is
anticipated that the site visit will occur within 30 days of NTP, and the first workshop within 60 days of
NTP. The final workshop should occur within 150 days of NTP.
TASK 3 - CURRENT AND WAVE STUDY
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A TM will conduct a current and wave study to further defIne existing conditions and allow for the
quantitative assessment of project alternatives. These studies will be based on existing and readily
obtainable data including bathymetry, tide magnitude and phase information, current and water quality
data. No additional field data collection effort is proposed. Calibration will be based on eXisting data.
As part of this study, A TM will perform the follOWIng tasks:
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Current Study. A current/ flushing model will be developed for the inlet cut uSillg the
Environmental Fluid Dynamic Code (EFDq model. This model will focus on the
hydrodynamic conditions within the vicinity of the inlet. The model will be used to assess
changes within the inlet Vicinity due to alternative inlet confIgurations. \'Vater quality
evaluations will be limited to quantifIed changes due to inlet hydrodynamics and will focus
on the inlet vicinity.
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INITl/1U: ________ (TI II; CITY)
INITIAU: ________ (ATM)
· Inlet Wave Study. An inlet wave model will be developed using the Bous2D model.
Model calibration will be conducted based on existing and readily available data. No field
verification efforts are included within this task. The model will be used to assess wave
conditions within the inlet for various typical wave and tide conditions. The modeling
effort will focus on the development of alternatives which reduce hazardous conditions
within the inlet.
Task Deliverable: Model draft results will be summarized within a memorandum for review bv the
City. This will include representative figures and model animations. Full description of the modeling
effort will be included within the fmal project report developed within Task 4.
Task Schedule: It is anticipated that the model study draft results will be completed within 150 days
of NTP.
TASK 4 - ALTERNATIVES ASSESSMENTS AND RECOMMENDATIONS SUMMARY
Under this task, A TM will focus on developing a range of alternatives with the goal of enhancing
the inlet's navigation safety, as well as the water quality within the Lake Worth Lagoon. Additionally,
options that increase vessel size will be investigated. A rough outline of the alternatives assessment
report is as follows:
A. Provide a brief historical synopsis of the inlet's history and current usage, including
summaries of boating incidents and boater profiles based on the results of the boating
market study (Task 3).
B. Describe the physical attributes of the inlet as it stands today, including:
a. Channel dimensions, depths and maintenance requirements;
b. Jetty and wave attenuation structures;
c. Beach management and sand bypassing programs;
d. Bridge construction and clearance;
e. Navigation approaches and lighting; and,
f. Existing property and adjacent land uses.
C. Correlating vessel limitations related to the inlet's geometry.
D. Present up to five structural and non-structural alternatives ranging from the "No i\ctlOn"
Alternative to significant re-structunng of the inlet (widerung and deepening).
E. Ranking of alternatives according to the followmg criteria:
a. Physical - Changes to inlet geometry, structure requirements, with resultant effects
on storm surge, tidal current velocities, additional dredging requirements, sediment
transport impacts, property requirements for expansion (if any), etc.
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INITIALJ: ________ (THE CITY)
INITIAU: ________ (ATM)
b. Navigation and Safety - Level of navigation safety offered over what IS currently in
place.
e. Environmental - Water quality impacts (limited modeling to be performed with
requirements for recording current measurements within the inlet at various
locations) and other direct impacts to marine resources related to proposed
improvements would be assessed. An opinion of permitting feasibility will be
offered for each alternative.
d. Economic - Potential economic impacts and order-of-magnitude construction
cost estimates related to each alternative. Suggestions for funding options and
available sources will be included under this section.
e. Stakeholder Interests - An outline (matrix summary) of stakeholders and various
interests of each in the inlet, including any opinions gathered during the study
process (site visit, workshops, ete.). These may include public business interests,
county interests related to property loss, beach management, ete.
f. Construction schedule - A preliminary estimate of the amount of time required to
complete construction of the each alternative and the total time that the inlet may
be closed completely or opened for limited periods of time.
F. Provide recommendations and a path forward based on the fmdings of the study.
Task Deliverable: Two paper copies and one electronic copy of a draft report will be provided to
the City for review and comment, followed by ten paper copies of the final document and one
electronic copy (Adobe pdf file) on CDROM. It is anticipated that the second public workshop would
occur near the end of this task and that the City would provide comment to finalize the draft report and
alternatives analysis.
Schedule: It is anticipated that the draft report will be provided to the City within 150 days from
NTP. Draft finalization will be dependent on receipt of comments from the City and is anticipated
within 180 days from NTP.
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ADDITIONAL SERVICES AND EXCLUSIONS
Additional services not included in the above scope include, but are not limited to the following:
· Additional site visits, presentations, or meetings beyond those described herein;
· Hydrographic or topographic surveys;
· Environmental impact assessments, permitting, ete.;
· Jet probes or other subsurface geotechnical investigations, coring and sampling, lab testing, ete.;
· Preliminary and/or Final engineering design and construction documents; and,
· Bidding phase servIces and construction management or site inspections before, dunng or after
cons truction.
If requested by the City, A TM will provide fee estimates for additional services. These services can
be further defmed and scoped at a more appropnate time.
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INITIAU: ________ (TIlE CITY)
INITl/1LL ________ (ATM)
SUMMARY OF PROFESSIONAL FEES
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Task Fee Estimate CD
1- Data Collection, Compilation, and Design Criteria $ 8,500
2- Site Visit, Presentations, and Workshops $ 12,000
3- Current and Wave Study $ 39,000
4- Alternatives Assessments and Recommendations $ 38,000
Summary
Contingencies for:
Additional Meeting/Presentation (per 8-hour event) $ 2,500
Hydrographic Survey of Inlet and Adjacent Waters $ 12,500
Field Measurements of Tidal Currents $ 2,500
Boating Traffic Study (quantify inlet vessel usage) $ 5,000
Additional Reproduction of Materials $ 2,500
(up to 50 copies of Final Report)
CD Fee Estimate is not to be exceeded and covers Professional Labor plus estimated expenses for travel,
reproduction, communications, equipment, ete.
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initials:
(Owner)
initials:
(A TM)
Attachment "B"
FEE SCHEDULE
1. The fee shall be equal to the number of hours actually expended directly on the project by
individuals, multiplied by the hourly rate for the individual, plus reimbursable expenses. The
hourly rates to be used at Applied Technology and Management, Inc. (A TM) for this project are
shown below:
Principal Engineer/Scientist
$140-$280/hr
Senior Modeler I
$170/hr
Senior Engineer
$110-$170/hr
Staff Modeler
$110-$140/hr
Staff Engineer
$80-$145/hr
Associate Engineer
$80-$100/hr
Professional Surveyor
$120/hr
Draft/CADD
$55-$100/hr
En gin e e r in g T e c h n i cia n
$45-$95/hr
Document Coordinator/Technical Editor
$65-$95/hr
Administrative
$40-$70/hr
Applied Technology & Management, Inc.
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