HomeMy Public PortalAboutGMC NPDES Phase IJune 2022
PROFESSIONAL SERVICES AGREEMENT between
The CITY OF TYBEE ISLAND, GEORGIA and GOODWYN MILLS AND
CAWOOD, LLC
THIS IS AN AGREEMENT made this day of 2022 between the City of
Council of Tybee Island, Georgia, a political subdivision of the State of Georgia, ("CITY") and
Goodwyn Mills and Cawood, LLC, (GMC) an Alabama corporation, ("CONSULTANT"). The
CITY wishes to engage CONSULTANT to provide professional consulting services to assist the
CITY with updating the Stormwater Management Plan (SWMP) as required by the new National
Pollutant Discharge Elimination System (NPDES) Phase I Municipal Separate Storm Sewer
System (MS4) Medium Permit that was issued on April 12, 2022. The following summarizes the
contents of this AGREEMENT:
Section 1.0 — General Considerations
Section 2.0 — CITY Responsibilities
Section 3,0 — CONSULTANT Responsibilities
Section 4.0 — Project Scope of Services and Schedule Summary
Section 5.0 — Project Budget and Payments to CONSULTANT
1.0 SECTION 1.0 — GENERAL CONSIDERATIONS
1.1
Commencement. Upon execution of this AGREEMENT, the CONSULTANT shall enter
into a contract with the CITY for the services specified herein. The CONSULTANT
recognizes that timely, quality service will be essential to complete this project and the
services contemplated under this AGREEMENT. This AGREEMENT will take effect
upon delivery of executed AGREEMENT to both parties. This AGREEMENT assumes
that the CITY provides approval for the scope of work described herein by July 15, 2022
to provide sufficient time for the CONSULTANT to complete all of the required tasks
outlined in this proposal.
1.2 Term of AGREEMENT. The initial term of this AGREEMENT shall end on October 9,
2022, or upon submittal of the revised SWMP to the Georgia Environmental Protection
Division (EPD), whichever is later. The term of the AGREEMENT may be modified upon
mutual consent of both parties.
1.3 Termination of AGREEMENT. Either party, upon giving 30 days written notice, may
terminate this AGREEMENT at any time without cause. Termination of this
AGREEMENT by either party shall not impair or affect whatever rights, including
payment for services performed prior to termination either party may have under this
AGREEMENT. Further, if the CONSULTANT fails to fulfill its contractual obligations
as specified herein, the CITY may, by giving written notification to the CONSULTANT,
terminate the AGREEMENT for such default. If the AGREEMENT is so terminated, the
CONSULTANT shall be paid only for the work satisfactorily completed.
1.4 Successors and Assigns. CITY and CONSULTANT each is hereby bound and the
partners, successors, executors, administrators, assigns and legal representatives of each
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are bound, to the other party to this AGREEMENT and to the partners, successors,
executors, administrators, assigns and legal representatives of such other party, in respect
to all covenants, agreements and obligations of this AGREEMENT. Neither CITY nor
CONSULTANT shall assign, sublet or transfer any rights under or interest in (including,
but without limitation, moneys that may become due or moneys that are due) this
AGREEMENT without the written consent of the other. Nothing herein shall be
construed to give any rights or benefits hereunder to anyone other than CITY and
CONSULTANT.
1.5 License, Permits and Taxes. The CONSULTANT shall be responsible for all applicable
licenses, permits and taxes incurred during the performance of this AGREEMENT.
1.6 Indemnification and Hold Harmless. The CONSULTANT shall indemnify and hold the
CITY and its officers, agents, employees and assigns, harmless from any liability imposed
for injury arising during the completion of work outlined in this AGREEMENT, or in any
manner directly or indirectly caused, occasioned or contributed to, in whole or in part, by
reason of a negligent act or omission, including strict liability or negligence of
CONSULTANT, or of anyone acting under the CONSULTANT's direction or control or
on its behalf, in connection with this AGREEMENT.
1.7 Limits of Liability. In recognition of the relative risks, rewards and benefits of the project
to both the CITY and CONSULTANT, the risks have been allocated such that
CONSULTANT and the CITY agree that, to the fullest extent permitted by law, and
notwithstanding any other provision of this Agreement, the total liability, in the aggregate,
of CONSULTANT and CONSULTANT 's officers, directors, employees, agents and
subconsultants, to the CITY and anyone claiming by, through or under CITY, for any and
all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way
related to the AGREEMENT from any cause or causes, including but not limited to the
negligence, professional errors or omissions, strict liability or breach of contract or
warranty express or implied of CONSULTANT or CONSULTANT 's officers, directors,
employees, agents or subconsultants, shall not exceed limits of professional errors and
omissions liability insurance.
1.8 Ownership of Project Documents and Reports. All documents and reports prepared by
the CONSULTANT pursuant to this AGREEMENT are instruments of service and shall
be the joint property of the CITY and CONSULTANT upon completion. The CITY may
reproduce and distribute these documents to appropriate parties; however, certain
documents may not be suitable for re -use by the CITY on other project(s) without proper
consultation with the CONSULTANT. The CONSULTANT may use the work product
developed under this AGREEMENT for future marketing and project endeavors.
1.9 Discovery of Unanticipated Hazardous Materials. Hazardous materials may exist
where there is no reason to believe they could or should be present. The client
acknowledges that CONSULTANT's scope of services for this project does not include
any services related to hazardous wastes. CONSULTANT and the CITY agree that the
discovery of unanticipated hazardous materials constitutes a changed condition mandating
a renegotiation of the scope of work or termination of services. CONSULTANT and the
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CITY also agree that the discovery of unanticipated hazardous materials may snake it
necessary for CONSULTANT to take immediate measures to protect human health and
safety, and/or the environment. CONSULTANT agrees to notify the CITY as soon as
practically possible should unanticipated hazardous materials or suspected hazardous
materials be encountered. The CITY encourages CONSULTANT to take any and all
measures that in CONSULTANT's professional opinion are justified to preserve and
protect the health and safety of CONSULTANT's personnel and the public, and/or the
environment, and the CITY agrees to compensate CONSULTANT for the additional cost
of such work.
1.10 CITY Disclosure. CITY agrees (on an ongoing basis) to advise CONSULTANT of any
hazardous substance or any condition, known or that reasonably should be known by CITY,
existing in, on, or near the site that presents a potential danger to human health, the
environment, or CONSULTANTS equipment. CONSULTANT does not assume control
of the site or undertake responsibility for reporting to any federal, state or local public
agencies any conditions at the site that may present a potential danger to public health,
safety or the environment or that may otherwise be required by applicable law, rule or
regulation, all of which is the CITY's responsibility.
1.11 Controlling Law. This AGREEMENT is to be governed by the laws of the State of
Georgia. The parties hereby agree and stipulate this AGREEMENT was made and entered
into in Chatham County, Georgia, which shall be appropriate venue for any action brought
relating thereto. CONSULTANT shall comply with all applicable CITY, State and Federal
provisions related to its performance of the work under this AGREEMENT.
1,12 Severability and Reformation. Any provision or part thereof of this AGREEMENT held
to be void or unenforceable under any law shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon the parties. The parties agree that
this AGREEMENT shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision which comes as close as possible to expressing the
intention of the stricken provision.
1.13 Non-discrimination. CONSULTANT shall not discriminate in the employment of persons
engaged in the performance of this AGREEMENT on account of race, color, national
origin, ancestry, religion, sec, marital status, physical handicap, or medical condition, in
violation of any federal or state law. CONSULTANT shall comply with all requirements
of the CITY with regards to employment while this AGREEEMNT is in effect.
2.0 SECTION 2.0 — CITY'S RESPONSIBILITIES
CITY and/or CITY Staff shall:
2,1 Provide all information for the project, including project objectives and constraints,
performance requirements, flexibility and expendability, any budgetary limitations, copies
of relevant documents and access to relevant files, software and hardware necessary to
execute the work effort.
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2.2 Promptly furnish to CONSULTANT the information requested by CONSULTANT that is
needed for rendering of services defined herein. The CITY shall provide to the
CONSULTANT all such information that is available to the CITY, and the
CONSULTANT shall be entitled to rely upon the accuracy and completeness thereof. The
CONSULTANT recognizes that it is impossible for the CITY to assure the accuracy,
completeness and sufficiency of information provided to CONSULTANT by CITY or third
parties.
2.3 Assist CONSULTANT by placing at his disposal ail available information pertinent to the
project including previous reports and any other data relevant to project.
2.4 Undertake and perform the CITY's project related responsibilities as specified in Section
4.0 of this AGREEMENT. Allow the CONSULTANT reasonable access to designated
CITY staffpersonnel and property related to execution of specific work tasks that the CITY
staff will perform.
2.5 Assist/arrange for access to and make all provisions for CONSULTANT to enter upon
public and private property as required for CONSULTANT to perform his services.
2.6 Designate a person (or persons) to act as CITY's representative(s) with respect to the
management, technical and production related activities to he performed by the CITY
under this AGREEMENT. Such person(s) shall have complete authority to transmit
instructions, receive information, interpret and define CITY's policies and decisions with
respect to materials, equipment, elements and systems pertinent to CONSULTANT's
services.
3.0 SECTION 3.0 — CONSULTANT'S RESPONSIBILITIES
3.1 Standard of Care. The CONSULTANT shall manage and perform the work in
accordance with applicable laws and codes. By execution of this AGREEMENT, the
CONSULTANT warrants that he/she is possessed of the requisite skill and ability which
is ordinarily possessed by other members of his/her profession. CONSULTANT will
exercise such degree of skill and ability as is ordinarily employed by professionals who
practice in the State of Georgia under similar conditions and like circumstances, and he/she
shall perform such duties without neglect, and shall not be liable except for failure to
exercise such appropriate degree of care, learning, skill and ability.
3.2 Authorized Representative. CONSULTANT shall designate a person (or persons) to act
as CONSULTANT's representative(s) with respect to the services to be rendered under
this AGREEMENT. Such person(s) shall have complete authority to transmit instructions,
receive information, interpret and define CONSULTANT's policies and decisions with
respect to materials, equipment, elements and systems pertinent to this AGREEMENT.
3.3 Insurance. The CONSULTANT shall maintain the following insurance requirements
during the time of performance of the services outlined in this AGREEMENT for the
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contract period. An insurance certificate must be on file with the CITY Administrator's
office within four weeks of the signing of the contract by both parties.
A. General Liability Insurance, with a combined single limit of$1,000,000 for each
occurrence and $2,000,000 in the aggregate;
B. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and $1,000,000 for each accident;
C. Worker's Compensation insurance in accordance with statutory requirements, with a
limit of $500,000 for each occurrence;
D. Professional Liability Insurance, in the amount of $2,000,000 per claim and
$4,000,000 in the aggregate.
4.0 SECTION 4.0 — PROJECT SCOPE OF SERVICES
The specific services which the CONSULTANT agrees to furnish and the terms the
CONSULTANT agrees to follow are set forth herein. The CONSULTANT shall furnish
the services to provide professional consulting services to assist the CITY with updating
the SWMP to address the requirements of the 2022 - 2027 NPDES Phase I Medium MS4
Permit.
4.1 Task 1: Project Management
The CONSULTANT will work on behalf of the CITY as the liaison to the EPD as it relates
to compliance with the NPDES tasks and program responsibilities addressed within this
proposal. This may include conference calls and emails with EPD during the plan revision
process. The task will also include general project management and up to (2) meetings
with the CITY, an initial meeting to discuss the scope of the revisions and a follow-up
meeting. The CONSULTANT will also coordinate with the CITY throughout the plan
revision process to discuss proposed revisions and solicit feedback on municipal
procedures and ordinances.
4.2 Task 2: SWMP Update
The EPD issued a new Phase I MS4 Medium Permit to the CITY on April 12, 2022 that
will remain in effect until April 11, 2027. The permit requires the CITY to update the
Stormwater Management Plan (SWMP) to meet the new pertnit requirements and submit
it to EPD for review within 180 days (on or before October 9, 2022).
The CONSULTANT will prepare a draft SWMP that incorporate new and/or modified Best
Management Practices (BMPs) as required by the new permit. This will include a
description of each activity, a measurable goal, how it will be measured and tracked, and a
listing of documentation to be submitted to EPD with the Annual Report. The
CONSULTANT will also update the SWMP to include a description of how each program
element required by the Permit will be implemented.
The CONSULTANT will prepare a draft SWMP for review by the CITY and will update
it based on comments from the CITY. The CONSULTANT will prepare a final draft for
submittal to EPD and will provide the CITY with one hard copy and one electronic copy
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of the submittal. This will also include the submittal of Geographic Information System
(GIS)-based maps and inventories, relevant CITY ordinances, and inspection checklists as
required by the permit, including the following:
■ GIS-Based MS4 Structure Inventory and Map (Section 3.3.1 of the Permit):
CONSULTANT will provide an updated map and an inventory database of MS4
structures.
• GIS-Based MS4 Outfall Inventory and Map (Section 3.3.2 of the Permit):
CONSULTANT will provide an updated map and inventory database of MS4
outfalls.
• Green Infrastructure/Low Impact Development (GI/LID) Inventory:
CONSULTANT will work with the CITY to develop an updated GI/LID inventory
that meets permit requirements. The inventory will be provided in a table format.
■ Other Stornnvater Inventories: CONSULTANT will work with the CITY to
provide an updated database inventory of Municipal Facilities, Highly -Visible
Pollutant Sources (HVPSs), and Industrial Facilities. These inventories will be
provided in a table format.
Stornnvater Inspection, Pond Inspection, & Construction Site Inspection
Checklists: CONSULTANT will provide permit -compliant checklists that will be
used to document inspections of 1) Municipal facilities 2) Industrial sites 3) Highly -
Visible Pollutant sites, 4) municipal ponds, and 5) Construction sites. The CITY
may also opt to use its own forms that will be submitted with the revised SWMP.
■ Capital Improvement Project (CIF) Stornnvater Impact Assessment Form
Please note that providing any GIS-based maps and databases assumes the CITY will
provide updated geo-referenced datasets for any new stormwater outfalls and/or
stormwater structures (pipes, ditches, municipal ponds, stormwater vaults, and catch
basins) that were added as a result of new development / redevelopment that occurred
during the 2021-2022 or 2022-2023 reporting years. The CITY will need to provide
updated GIS data no later than August 9, 2022, in order to allow sufficient time for
the CONSULTANT to prepare the required maps and inventories. If the
CONSULTANT must perform additional updates to the GIS databases in order to prepare
permit -compliant maps and inventories and/or perform field work to confirm the location
of any new structures to add to the CITY inventories, it shall be done at an hourly,
additional rate upon request and approval by the CITY.
This task will be considered complete upon submittal of the SWMP on or before October 9,
2022, Assistance with responding to future comments from EPD on the revised SWMP,
submitted as part of this contract, will be handled as part of the CONSULTANT's 2022 —
2027 NPDES MS4 Compliance contract, on an hourly, as needed basis..
4.3 Task 3: Illicit Discharge Detection & Elimination (IDDE) Plan Update
The EPD issued Coastal IDDE Guidelines for coastal communities in 2020 that allowed a
modified approach to traditional dry weather screening (DWS) of stormwater outfalls that
meet certain criteria. The CONSULTANT previously worked with the CITY to develop a
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revised IDDE Plan that incorporated the 2020 Guidelines that was approved by the EPD.
There were no changes to the 2020 Coastal IDDE Guidelines in the new permit. Assuming
the CITY wishes to utilize the same approach without substantive changes, the
CONSULTANT will submit the IDDE plan as -is to EPD with the SWMP update. Please
note, responding to future comments from EPD on the IDDE Plan, submitted as part of this
task, will be considered out of scope and can be completed upon request from the CITY
for an hourly additional fee.
Alternatively, the CITY may opt to propose an alternative approach to DWS to identify
and eliminate illicit charges as allowed by the new permit. This would require submittal of
the modified approach to EPD for review and approval, and likely result in several
submittals and rounds of comments from EPD. This would be an out of scope service that
could be completed upon request from the CITY for an hourly additional fee.
4.4 Task 4: Enforcement Response Plan (ERP) Update
As required by Section 3.3.6 of the new permit, the CONSULTANT will review the ERP
to ensure the ERP lists all of the enforcement actions, penalties, and fees the CITY has the
authority to assess based on current codes and that the ERP is permit -compliant. These
updates are anticipated to be minor because there were no other substantive regulatory
changes to the permit. Once a final draft has been completed, and approved by the CITY,
it will be submitted to EPD with the SWMP update. Please note, responding to future
comments from EPD on the revised ERP, submitted as part of this task, will be handled as
part of the CONSULTANT"s 2022 - 2027 NPDES MS4 Compliance contract.
4.5 Task 5: GI/LID Plan Update
As required by Section 3.3.6 of the new permit, the CONSULTANT will review the
GI/LID Plan to ensure it is permit compliant and update the GULID Plan based on the new
permit requirements and status of the CITY program. This will include updating the
GULID inventory to reflect the new ownership information now required by the permit as
well as any additional structures that need to be added based on new development or
redevelopment in the 2021-2022 and 2022-2023 reporting year. This update is anticipated
to be minor based on the requirements of the new permit and the fact that the City
performed a comprehensive update of the GI/LID plan in 2020.
The CONSULTANT also proposes to incorporate several revised GULID inspection forms
that have already been developed and are publicly -available. Currently, the existing
GULID plan for the CITY incorporates inspection forms for GI/LID structures from the
Georgia Stormwater Management Manual (GSMM), which are acceptable forms to use but
provide limited information. The University of Georgia Marine Extension and Georgia
Sea Grant and the CONSULTANT recently developed visual -based inspection forms for
the most common GI/LID structures in Coastal Georgia, including
hioretention/bioinfiltration; permeable interlocking concrete pavement and pervious
concreate/porous asphalt. (EPD has approved use of these forms for other clients' GI/LID
plans). The content on these forms is based on criteria from the GSMM, but they were
enhanced with photos of good examples and potential issues and maintenance needs which
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makes use of these forms more "user friendly" and helps ensure a thorough inspection and
condition assessment. Once a final draft GI/LID Plan has been completed, it will be
submitted to EPD with the SWMP update.
Please note, responding to future comments from EPD on the revised GI/LID Plan,
submitted as part of this task, will be handled as part of the CONSULTANT's 2022.2027
NPDES MS4 Compliance contract. Also, the revision of the City's GI/LID plan does not
include completion of the 2017 Center for Watershed Protection code worksheet or EPA
scorecard to evaluate municipal codes and how they impact GI/LID. If requested by the
CITY, CONSULTANT may assist the City with completion of these forms which requires
a thorough review of City codes, at a later date for an additional fee.
4.8 Project Schedule
The scope of services will be completed in compliance with the schedule provided by EPD.
The revised SWMP and ancillary plans and other documents discussed in this proposal will
be completed and submitted to EPD on or before October 9, 2022. All work agreed to as
part of this contract will be considered complete upon submittal of the SWMP on or before
October 9, 2022. GMC assistance with responding to future cotntnents from EPD on the
revised SWMP and associated plans, submitted as part of this contract, will be handled as
part of GMC's annual NPDES MS4 Compliance contract, on an hourly, as needed basis.
5.0 SECTION 5.0 — PROJECT BUDGET AND PAYMENTS TO CONSULTANT
CITY and CONSULTANT, in consideration of their mutual covenants herein, agree in respect of
the per'fortnance of professional consulting services provided by CONSULTANT and the payment
for those services by CITY as set forth below.
5.1 Compensation. The CITY shall compensate the CONSULTANT in accordance with the
schedule of fccs below, CONSULTANT shall invoice the CITY on a monthly, percent
complete basis.
Tasks
Fee
Task 1: Project Management
S2,750
Task 2: SWMP Update
$7,380
Task 3: IDDE Plan Update"
$0
Task 4: Enforcement Response Plan Update
$300
Task 5: GULID Plan Update / Inventory Update°
$1,800
Subtotal Tasks 1-5
$12,230 (lump sum)
A/I Lis assumes no changes will be made to the most recent IDDE plan submitted and approved by EPD in 2020.
B/ No fee for use of new inspection forms; cost estimate provided to update GI/LID Plan and inventory.
CONSULTANT services will be performed for a total lump sum fee of $12,230 for Tasks 1-5 as
outlined in this proposal. Additional services, including responding to EPD comments on
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submittals can be performed on an hourly, as needed basis as part of the CONSULTANT's 2022
- 2027 NPDES MS4 Compliance contract. . Any hourly, as -needed or out -of -scope work will be
completed at the City's request in accordance with the terms & conditions outlined herein and
the hourly fees specified in Attachment A. CONSULTANT wilt invoice the CITY on a monthly
basis.
5.2 Payments. For professional consulting services as outlined in this AGREEMENT, CITY
shall pay CONSULTANT the stipulated fees. CONSULTANT shall submit monthly
invoices to CITY in a format acceptable by the CITY. CITY shall endeavor to make
payment to CONSULTANT within thirty (30) days from receipt of invoice.
5.3 Hourly Services. If the CITY requests that the CONSULTANT provide services on an
hourly basis, or requests services not currently outlined in this AGREEMENT, the
CONSULTANT will perform the services in accordance with the unit rates provided in
Attachment A. Prior to commencing any requested additional services, not included in the
Scope of Services in Section 4.0, the CONSULTANT must notify the CITY promptly and
provide an estimate of the budget to complete the requested services and a schedule. No
additional services shall be performed by the CONSULTANT until written (i.e. letter) or
electronic (i.e. email or fax) authorization is received by the CONSULTANT from the
CITY.
SECTION 6.0 - ACKNOWLEDGEMENT OF ACCEPTANCE
1N WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of
the day and year first above written. This AGREEMENT constitutes the entire AGREEMENT
between CITY and CONSULTANT.
CITY:
City of Tybee Island
403 Butler Avenue
Tybee Island, GA 31328
Signaturmz1 d
Name: L.56 ; -t �es-s; ah 5
Title: A
Date: O V _2,0 2 2 -
Attest:
CONSULTANT:
Goodwyn Mills & Cawood
7 East Congress Street, Suite 504
Savannah, GA 31401
Signature:
Name: Ed Di I'ommaso, AICP, GISP
Title: Environmental Department Head
Date: June 15, 2022
Attest:
Signature:
Name:
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Attachment A - Fee Schedule
Standard Hourly Rates
2022
Standard Rate and Fee Schedule
Principal (Architect, Engineer, Planner, Scientist, GIS) $ 250.00
Executive/Senior Vice President $ 22500
Senior Professional (Architect, Engineer, Planner, Scientist, GIS, Project Manager)
Professional iii (Architect, Engineer, Planner, Scientist, GIS, Project Manager)
Professional II (Architect, Engineer, Planner, Scientist, GIS, Project Manager)
Professional I (Architect, Engineer, Planner, Scientist, GIS, Project Manager)
$ 205.00
$ 190.00
$175.00
$160.00
Senior Consultant (Architect, Engineer, Planner, Scientist, GIS) $150.00
Consultant II (Architect, Engineer, Planner, Scientist, GIS) $135.00
Consultant 1 (Architect, Engineer, Planner, Scientist, GIS) $115.00
Environmental Scientist/GIS Analyst II
Environmental Scientist/GISAnalyst I
Technical 111 (Contract Spec., CADD Tech., Designer, Drafting, CA, ROW Acq., Field Tech.)
Technical!! (Contract Spec., CADD Tech., Designer, Drafting, CA, ROW Acq., Field Tech.)
Technical I (Contract Spec., CADD Tech., Designer, Drafting, CA, ROW Acq., Field Tech.)
Executive Administrative Assistant
Administrative Assistant 11
Administrative Assistant 1
Surveying.
Professional Land Surveyor
Field Crew Supervisor
Survey Crew (one-man survey crew)
Survey Crew (two -man survey crew)
Survey Crew (three-man crew)
Reimbursable Expenses
$ 110.00
$ 95.00
$140.00
$110.00
$ 80.00
$ 85.00
$ 75.00
$ 65.00
$175.00
$155.00
$135.00
$155.00
$165.00
Travel Expenses
Vehicle Transport $0.58 per mile (or current IRS rate)
Travel/ Meals/ Lodging Cost plus ten percent
Sub -Consultant/ Sub -Contractors Cost plus ten percent
Sub-Consultant/Sub-Contractors reimbursable expenses Cost plus ten percent
Laboratory costs Cost plus ten percent
GPS equipment
Field monitoring equipment (Horiba U-53)
Goodwyn Mills Cawood
850.00 per day
$75.00 per day
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