HomeMy WebLinkAbout2005-337 PROFESSIONAL CIVIL ENGINEERING SERVICES 3 .
AGREEMENT FOR CIVIL ENGINEERING
AND BRIDGE DESIGN SERVICES
THIS AGREEMENT , entered into this 4th Day of October 2005 by and
between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter
referred to as the COUNTY , and BRIDGE DESIGN ASSOCIATES , INC . , Vero Beach , Florida ,
hereinafter referred to as the ENGINEER ,
WITNESSETH
WHEREAS , the Engineer has submitted a bid to provide professional engineeiiny
services to County ; and
WHEREAS , County has accepted ENGINEER' S bid and has agreed to pay ENGINEER
for its services ; and
WHEREAS , The ENGINEER shall provide professional engineering and related services
for the COUNTY in all phases of the -project described in SECTION III - Scope of Services ; serve
as the COUNTY ' S professional representative for the project ; and shall give professional
engineering and bridge design advice to the COUNTY during the performance of this
agreement .
NOW THEREFORE , the parties agree as follows :
SECTIC014 ; _ OJECT LIMITS AND DESCRIPTION
ENGINEER ' S services are required for the preparation of box culvert design and permit
applications for the replacement of the bridge located at 16th Street and 74th Avenue . The
associated improvements at this location is as follows :
The necessary design and engineering services for the proposed 11 '- 0x10 ' - 0x90 ' - 0 ± box
culvert to replace the existing bridge located at the intersection of 16th Street and 74th Avenue
in the Rangeline canal .
SECTION If - COUNTY OBLIGATIONS
The COUNTY agrees to provide ( in a timely manner) the following materials , data , or
services as required in connection with the work to be performed under this Agreement ; all of
which is information the Engineer may use and reasonably rely upon :
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A . Provide the ENGINEER with a copy of all studies , traffic counts ,
preliminary data or reports available , existing location surveys , topographic
surveys , and related documents .
B . Provide the ENGINEER with all available drawings , rights - of-way maps ,
and other documents in the possession of the COUNTY pertinent to the project .
C . The COUNTY shall be responsible for acquiring all rights - of-way ,
easements and other rights in land as necessary to complete the project .
J . The COUNTY shall be responsible for obtaining those permits required to
perform the work to complete the project , if such permit requirements are
established by regulatory agencies after the date of the Agreement .
E . The COUNTY shall make provisions for the ENGINEER to enter upon
public and private property as required for the ENGINEER to perform his
services .
F . The COUNTY will promptly execute all permit applications and provide
application fees necessary to expedite the acquisition of any local , state or
federal permits made necessary by the project .
G . The COUNTY shall provide all rights - of-way maps , parcel sketches , legal
descriptions , and abstracts of title for each parcel necessary for the box Culvert
construction .
SECTION III - SCOPE OF SERVICES
The ENGINEER agrees to perform professional structural design and related services in
connection with the project as required and set forth in the following :
A . GENERAL
1 . The ENGINEER will endeavor not to duplicate any
previous work done on the project after issuance of written authorization
to proceed , the ENGINEER shall consult with the COUNTY to clarify and
define the COUNTY' S requirements for the project and review all
available data .
2 . The ENGINEER will attend conferences with b ie COUNTY
and its representatives upon reasonable request .
3 . In order to accomplish the work described under this
Agreement in the time frames and conditions set forth in this Agreement ,
the ENGINEER will observe the following requirements :
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a . The ENGINEER will complete his work on
the project within the time allowed by maintaining an adequate
staff of registered engineers , draftsmen and other employees on
the work at all times .
b . The ENGINEER will design the project in
such a manner as to be in conformance with all applicable federal ,
state and local laws , and shall comply with the Florida Department
of Transportation ' s Manual on Uniform Minimum Standards for the
Design , Construction , Maintenance of Streets and Highways
( Green Book ) , latest edition .
Is C. i he E NGIDJEER will prepare all necessary
sketches , reports , calculations and completed application forms to
accompany the COUNTY' S applications for required federal ,
state , or local permits . This includes all printing and binding of
plans and reports .
d . The ENGINEER will cooperate with the
COUNTY in order that all phases of the work may be properly
scheduled and coordinated .
e . The ENGINEER will send the required
number of complete preliminary sets of construction plans to any
city , county , state or federal agency from which a permit or other
approval is required prior to final approval of the design by the
Director of the Public Works Department , and will coordinate the
project design with all applicable agencies .
f. The ENGINEER will contact a ! ! known utility
companies having installation in the immediate vicinity of the
proposed work and consider relocation of utilities , if necessary .
The ENGINEER will provide the COUNTY with necessary
information relative to required utility adjustments , relocations and
installations and will show all utilities on the final design plans .
Design modifications to existing County utility lines , if necessary ,
may be negotiated by a separate agreement with the County
Utility Department , or the County Utilities Department may design
modifications with Utility Department Staff or other consultants .
g . Tho ENGINEER shall report the status of
this project to the Director of the Public Works Department upon
request and hold all drawings , calculations and related work open
to the inspection of the Director or his authorized agent at any
time , upon reasonable request .
4 . The ENGINEER will furnish copies of the drawings ,
specifications and contract documents as required by the COUNTY for
materials suppliers , federal , state and local agencies from whom approval
of the project must be obtained . Upon bidding of the construction
contract , the ENGINEER will furnish to the COUNTY 24 " x 36 " originals
of the drawings and copies of the specifications for the County to copy for
prospective bidders along with electronic files . Additional copies beyond
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those identified will be provided at cost . All original documents , survey
notes , field books , tracings , and the like , including all items furnished to
the ENGINEER by the COUNTY pursuant to this Agreement , are and
shall remain the property of the COUNTY .
5 . The drawings prepared by the ENGINEER will be of
sufficient detail to permit the actual location of the proposed
improvements . Negotiation for all land rights shall be accomplished by
the COUNTY , unless the COUNTY requests the ENGINEER to perform
these services in a subsequent work order to the AGREEMENT . In this
event , the ENGINEER shall be compensated for such additional services
in accordance with Section VI of the AGREEMENT .
6 . The ENGINEER acknowledges that preparation of
applicable permits for the COUNTY' S submittal through governmental
regulatory agencies is included within the scope of basic compensation
for the Agreement . Any additional work required by regulatory agencies
pursuant to regulations established after the date of the Agreement shall
be an additional service and the COUNTY shall compensate the
ENGINEER in accordance with SECTION VI -Additional Work , of this
Agreement and in accordance with the fee schedule in this Agreement ,
as approved by the County prior to commencement of any work
performed .
7 . If following execution of this Agreement the COUNTY
proposes to construct the improvements in a revised phased manner
which requires the preparation of plans or the need to obtain or modify
permits previously obtained , the ENGINEER will be compensated for this
effort in accordance with the approved fee schedule in a subsequent
work order to this Agreement . No such additional work shall be initiated
unless approved by the Indian River County Board of County
Commissioners .
8 . Compensation to the ENGINEER for basic services shall
be in accordance with Section V of the Agreement , as mutually agreed
upon by the ENGINEER and COUNTY .
B . Design Survey (Will be provided by the County )
C . Roadway Plans (Will be provided by the County or others )
D . Drainage Plans
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1 . ENGINEER services do not include any drainage studies ,
which may be required by IRFWCD or SJRWMD . Our discussions
indicate that this will not be required at this time . However , if additional
studies are later required by an agency it shall be the subject of a
separate work order at a price mutually agreeable to the parties .
2 . Environmental Permits :
The ENGINEER shall prepare permit applications for the
St . John ' s River Water Management District , US Environmental
Protection Agency , Army Corps of Engineers , Florida Department of
Environmental Protection and Indian River Farms Water Control District
requirements for submittal by the COUNTY . This will consist of al !
required elevation , design , coordination , and follow- up work necessary to
support permit application . The COUNTY will review the permit
applications as necessary and be responsible for the final submittal .
The ENGINEER shall prepare permit sketches for
submission by the COUNTY to Florida Department of Environmental
Protection , U . S . Army Corps of Engineers , and St . John ' s River Water
Management District for Dredge and Fill activities , if necessary . The
ENGINEER shall submit all permit sketches on 8 "x11 " sheets . Sketches
must be neatly scaled , signed and sealed , and reproducible .
3 . Utilities :
Utility coordination with the various Utility Companies
and /or agencies shall be by the ENGINEER and identified conflicts
addressed .
E . Signage and Pavement Marking Plans ( Shall be provided by the County )
F . Structural Plans
The proposed 11 '- 0x10 '- 0x90 '- 0 ± box culvert will accommodate the
following roadway section :
1 . Three twelve foot travel lanes , a four-foot paved shoulder
on each side with Type " F" curbs and a six-foot sidewalk on the north
side .
2 . The box culvert will extend north and south past the clear
zones 18 ' minimum to avoid guardrails
3 . The design will also include the connection to the 74th
Avenue box culvert located to the south of 16th Street . The connection
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will include a concrete headwall or alternate slope protection which may
be determined to be appropriate .
4 . The limits of this project extend from east to the west R/W
lines of the Rangeline Canal ( 100 ' -0 feet ) .
5 . It is anticipated that the COUNTY will allow road closures .
such that phased construction will not be required .
6 . Utility coordination will be performed in order to evaluate
existing utilities and accommodate the proposed 16 " water main and
existing 6" force main .
7 . The design will be performed in accordance with the 1998
Edition of AASHTO LRFD Design Specifications with Interim Revisions
through 2002 , and the 2002 FDOT Structures Design Guidelines , LRFD
Edition .
8 . Construction and material specifications will be based on
FDOT Standard Specifications for Road and Bridge Construction , 2004
Edition .
9 . All design and plan details will be in the English unit
system .
10 . Box culvert plan submittals are anticipated at 30 % , 90 %
and 100 % stages . Box culvert 30 % plan will include General Plan and
Elevation views , Typical Sections and Notes . The 90 % submittal will
consist of Contract Plans and preliminary quantities and cost estimates .
The 100 % submittal will be the Final Plans , with Quantities , Opinion of
Cost and Specifications .
G . Plan Requirement Sheets
Key / Cover Sheet 1
General Notes 1
Typical Section Sheet 1
Summary of Quantities
Plan & Elevation Sheet 1
Box Cross section Sheet 1
Box Longitudinal Section Sheet 1
Foundation Plan 1
Wall details 1
Superstructure Plan 1
Headwall details 1
Misc . Details 1
Utility pipe connection details 1
Construction Phasing Plan 1
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Demolition Plan 1
TOTAL 14
H . Construction Phase Services
There are no construction phase services with the contract .
SECTION IV - TIME FOR COMPLETION
The time for completion of the 90 % design drawings , permit applications , and
Engineer' s Opinion of Probable Construction Cost shall be four (4 ) months . Once permits are
received , 100 % design drawings shall be completed 45 days thereafter .
SECTION V = COMPENSATION
The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered
a lump sum payment of $21 , 316 . 00 for Design and Permitting Services . Also , Services for
reimbursable expenses for Soil Testing Services of not to exceed $ 5 , 000 . 00 .
A . Additional Services Fees
The COUNTY agrees to pay for additional services , which are outside or beyond
the lump sum scope of services identified above , or exceeds the hourly
allowance in accordance with the approved hourly rate schedule . Reimbursable
expenses including but not limited to ( soils exploration costs ) will be billed at
actual cost . In the event additional services are provided beyond the time of
completion outlined above , the rate schedule shall be subject to reasonable
increase in accordance with the Consumer Price Index .
SECTION VI = ADDITIONAL WORK
In the event changes are requested by the COUNTY to the contract plans after said
plans have been approved and accepted by the COUNTY and upon the issuance of a work
order for said additional work by the Director of the Public Works Department , said additional
work may commence in accordance with the fee schedule included in the work order .
SECTION VII - PARTIAL PAYMENTS
The COUNTY shall make monthly partial payments to the ENGINEER based upon a
percent complete of lump sum components and actual effort on hourly components as identified
in this Agreement . Payments will be made in accordance with the Florida Prompt Payment Act ,
FL Statutes 218 et seq . The COUNTY shall withhold a 10 % retainage until the final design is
90 % complete as accepted by the Public Works Director at which time the retainage shall be
reduced to 5 % until the, final design is completely accepted by the COUNTY . Payment shall be
made pursuant to the Florida Prompt Payment Act , Florida Statute 218 . 70 et seq .
The ENGINEER shall submit duly certified invoices in the ENGINEER ' S format in
triplicate to the Director of the Public Works Department .
SECTION VIII - EXTRA WORK
In the event extra work is necessary by the ENGINEER due to a change in scope of the
project , such work shall be the subject of a supplemental Work Order approved by the Board of
County Commissioners . The work shall be completed in accordance with the following rate
schedule :
Bridge Project Manager $ 128 . 00
Bridge Project Engineer $ 104 . 00
Engineering Technician $ 58 . 00
CADD Technician $ 70 . 00
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SECTION IX - RIGHT OF DECISIONS
All services shall be performed by the ENGINEER to the satisfaction of the Director of
the Public Works Department who shall decide all questions , difficulties , and disputes of
whatever nature which may arise under or by reason of this Agreement and according to the
prosecution and fulfillment of the service hereunder , and the character , quality , amount and
value thereof, and the Director' s decision upon all claims , questions , and disputes shall be final ,
conclusive and binding upon ti ie parties hereto unieSs Such determination iinatioi i iS Clearly arb tr ai y Ci
unreasonable .
Adjustments of compensation and contract time because of any major changes in the
work that might become necessary or be desirable , as the work progresses shall be reviewed
by the Director of the Public Works Department . In the event that the ENGINEER does not
concur in the judgment of the Director of Public Works Department as to any decisions made
by him he shall present his written objections to the County Administrator , and the Public Works
Director and the ENGINEER shall abide by the decision of the County Administrator of Indian
River County , unless the decision is clearly arbitrary or unreasonable .
SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS
A . Ownership and Copyright
All reports , tracings , plans , specifications , field books , survey information , maps ,
contract documents , and other data developed by the ENGINEER for the
purpose of this AGREEMENT shall become the property of the COUNTY and
shall be made available by the ENGINEER at any time upon request of the
COUNTY . When all work contemplated under this Agreement is complete , all of
the above data shail be delivered to the Director of the Public Works
Department.
B . Reuse of Documents
All documents , including but not limited to drawings and specifications , prepared
by the ENGINEER pursuant to this Agreement are related exclusively to the
services described herein . They are not intended or represented to be suitable
for reuse by the COUNTY or others on extensions of this project or on any other
project . Any such utilization or adaptation will entitle the ENGINEER to further
compensation at rates to be agreed upon by the COUNTY and the ENGINEER .
The ENGINEER shall not be held liable for any reuse of the Documents and
shall not be held liable for any modifications made to the documents by others .
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SECTION XI = NOTICES
Any notices , reports or other written communications from the ENGINEER to the
COUNTY shall be considered delivered when posted by certified mail or delivered in person to
the Director of the Public works Department or County Engineer . Any notices , reports or other
communications from the COUNTY to the ENGINEER shall be considered delivered when
posed by certified mail to the ENGINEER at the last address left on file with the COUNTY or
delivered in person to said ENGINEER or his authorized representative . In person deliveries
shall be evident by signed receipts .
SECTION XII = TERMINATION
The obligation to provide further services under this Agreement may be terminated by
either party upon seven ( 7 ) days written notice in the event of substantial failure by the other
party to perform in accordance with the terms hereof through no fault of the terminating party .
The COUNTY may , for public convenience , terminate this contract at any time provided 90 days
written notice is given to the ENGINEER . In the event of any terminations , the ENGINEER will
be paid for all services rendered to the date of termination , all expenses subject to
reimbursement hereunder, and other reasonable incurred by the ENGINEER as a result of such
termination .
SECTION XIII = AUDIT RIGHTS
The COUNTY reserves the right to audit the records of the ENGINEER related to this
AGREEMENT at any time during the prosecution of the work included herein and for a period of
one year after final payment is made .
SECTION XIV = SUBLETTING
The ENGINEER shall not sublet , assign , or transfer any work under this Agreement
without the written consent of the COUNTY . When applicable and upon receipt of such
consent in writing , the ENGINEER shall cause the names of the engineering and surveying
firms responsible for the major portions of each separate specialty of the work to be inserted on
the reports or other data .
SECTION XV = WARRANTY
The ENGINEER warrants that he has not employed or retained any company or person
other than bona fide employee working solely for the ENGINEER or subconsultant to solicit or
secure this contract and that he has not paid or agreed to pay any company or person other
than a bona fide employee working solely for the ENGINEER any fee , commission , percentage
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fee , gift or any other considerations , contingent upon or resulting from the award or making of
this contract . For breach violation of this warranty , the COUNTY shall have the right to annul
this contract without liability .
SECTION XVI - DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of four years after the
date of execution hereof or until completion of all project phases as specified by the Public
Works Director, whichever occurs first , or unless otherwise terminated by mutual consent of the
parties hereto or pursuant to Section XII of this AGREEMENT
SECTION XVII - INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this AGREEMENT , the ENGINEER shall
provide the COUNTY with evidence that the ENGINEER has obtained and maintains the
insurance listed below :
A . ENGINEER shall procure and maintain for the duration of the
AGREEMENT , insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work
hereunder by the ENGINEER , his agents , representatives , employees and in
accordance with subclause H , subconsultants . The cost of such insurance shall
be included in the ENGINEER ' S fee .
B . Minimum Scope of Insurance
1 . Worker' s Compensation and Employer' s Liability as
required by the State of Florida
2 . General Liability $ 1 , 000 , 000 combined single limit per
accident for bodily injury and property damage . COUNTY shall be an
additional insured .
3 . Auto Liability $ 1 , 000 , 000 combined single limit per
accident for bodily injury and property damage for owned and non -owned
vehicles . County shall be an additional insured .
4 . Professional Liability Insurance providing coverage for
negligent acts , errors , or omissions committed by ENGINEER with a limit
of $ 500 , 000 per claim/annual aggregate . This insurance shall extend
coverage to loss of interest , earning , profit use and business interruption ,
cost of replacement power, and other special , indirect and consequential
damages .
C . ENGINEER ' S applicable insurance coverage shall be primary .
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D . All above insurance policies shall be placed with insurers with a Best' s
rating of no less than A VII . The insurer chosen shall also be licensed to do
business in Florida .
E . The insurance policies procured , other than professional liability , shall be
occurrence forms , not claims made policies . Professional liability shall be on a
claims made basis .
F . The insurance companies chosen shall provide certificates of insurance
prior to signing of contracts to the Indian River County Risk Management
Department .
G . The insurance companies selected shall send written verification to the
Indian River County Risk Management Department that they will provide 30 days
written notice to the Indian River Risk Management Department of its intent to
cancel or terminate said policies of insurance .
H . ENGINEER shall either include each subconsultants as insured under its
policies or shall furnish separate certificates and endorsements for each
subconsultant . All coverages for subconsultants shall be subject to all of the
requirements stated herein .
I . Nothwithstanding the provisions of Florida Statute 725 . 06 , if a design
professional provides professional services to or for a public agency , the agency
may require in a professional services contract with the design professional that
the design professional indemnify and hold harmless the agency , and its officers
and employees , from liabilities , damages , losses , and costs , including , but not
limited to , reasonable attorneys ' fees , to the extent caused by the negligence ,
recklessness , or intentionally wrongful conduct of the design professional and
other persons employed or utilized by the design professional in the performance
of the contract .
J . This agreement shall be governed by the laws of the State of Florida .
Venue for any lawsuit brought by either party against the other party or otherwise
arising out of this agreement shall be in Indian River County , Florida , or , in the
event of federal jurisdiction , in the United States District County for the Southern
District of Florida .
SECTION XVIII = ENTIRETY OF AGREEMENT
This writing embodies the entire AGREEMENT and understanding between the parties
hereto , and there are no other agreements and understandings , oral or written , with reference
to the subject matter hereof that are not merged herein and superseded hereby .
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No alteration , change , or modification of the terms of this Agreement shall be valid
unless made in writing and signed by both parties hereto .
This AGREEMENT , regardless of where executed , shall be governed by and construed
according to the laws of the State of Florida .
IN WITNESS WHEREOF the parties hereto have executed these presents this 4th
day of October , 2005 .
BRIDGE DESIGN ASSOCIATES , INC . INDIAN RIVER COUNTY
935 A 7th Avenue
Vero Beach , Florida 32960
ByIle By: -'"�
Thomas S . , ' `° 'wtfioer Chairman
Brian C . Rheault , P . E . , President �� :
Witnessed by : Approved btBCC : Octobgi 45 2005
r ;
n
Attest :
t
yf
i
County Attorney Deputy Clerk
Approved as to Form and Legal Sufficiency
Couty Administrator
E : \pro 16th 072905 .wpd
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BRIDGE DESIGN ASSOCIATES , INC .
16TH STREET BOX CULVERT
September 2 , 2005
HOURLY BREAKDOWN OF SERVICES
EXHIBIT "A"
PROJECT PROJECT CADD FIELD TOTAL LABOR
MANAGER ENGINEER TECH REP/ HOURS COST
ACTIVITY SHEET E . I . BY BY
# ACTIVITY ACTIVITY
$ 128 . 00 $ 104. 00 $70 . 00 E
$58 . 00
COORDINATION
Coordinate Soils Testing N/A 4. 0 4. 0 $512 . 00
Coordinate Survey Requirements N/A 4 . 0 4 . 0 $512. 00
Utility Coordination N/A 4 . 0 4 . 0 $512. 00
Permit Meetings & Applications N/A 0 . 0 $0 . 00
IRFWCD N/A 8 . 0 8 . 0 16 .0 $ 1 ,856 . 00
SJRWMD N/A 8 . 0 8 . 0 16 .0 $ 1 , 856 . 00
ACOE / DEP N/A 4 . 0 4 . 0 8 . 0 $928 . 00
DESIGN
General Notes / Construction Notes / Specifications N/A 4. 0 4 . 0 8 . 0 $928 . 00
Review Soils Data N/A 2. 0 2. 0 $256 . 00
Design Culvert N/A 4 . 0 16 . 0 20 .0 $2, 176. 00
Design Headwalls N/A 4. 0 16 . 0 20 .0 $2 , 176 . 00
Design Sloe Protection N/A 2. 0 8 . 0 10 .0 $ 1 ,088 . 00
PLANS PREPARATION
Index of Sheets & Cover Sheet S1 8 . 0 8 . 0 $560 . 00
General Notes S2 4 . 0 4. 0 $280 . 00
Typical Section & Summary of Quantities S3 8 . 0 8 . 0 $560 . 00
Plan & Elevation Sheet S4 8 . 0 8 .0 $560 . 00
Box Cross Section Sheet S5 4 . 0 4 . 0 $280 . 00
Box Longitudinal Section Sheet S6 4 . 0 4. 0 $280 . 00
Structure Details S7 8 . 0 8 . 0 $560 .00
Headwall Details S8 8 . 0 8 . 0 $560 . 00
Miscellaneous Details S9 4 . 0 4 . 0 $280 . 00
Utility Pipe Connection Details S10 4 . 0 4 . 0 $280 . 00
Construction Phasing Plan S11 4 . 0 4 . 0 $280 . 00
MISCELLANEOUS
Quantities & Estimates N/A 2. 0 4. 0 6 . 0 $672 . 00
IRC Meetings & Coord 60%/90%/ 100% N/A 2 . 0 8 . 0 10 . 0 $ 1 , 088 . 00
Permit Application Response N/A 8 . 0 8 . 0 6 . 0 22 .0 $2, 276 . 00
TOTAL MANHOURS 60 . 0 84. 0 70 . 0 0 . 0 214. 0
DIRECT LABOR COST $7 ,680. 00 $8 , 736 . 00 $4 ,900 . 00 $0 . 00 $21 , 316 . 00
pro 16th Street 090205
ENGINEERING FEES $21 , 316 . 00
SOILS TESTING
(2 ) 6010 DEEP SPT'S & REPORTS $5, 000 . 00
TOTAL $26 , 316 . 00
, r