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Ordinance No. 8,521990225 -4 ORDINANCE NO. 8521 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO: 8422 PASSED ON OCTOBER 8, 1998, WHICH AUTHORIZED AN AGREEMENT WITH GEOTEST ENGINEERING, INC., TO PROVIDE GEOTEC14NICAL DATA FOR THE REPAIR AND REPLACEMENT OF CHANNEL MARKERS AT BAYLAND PARK MARINA; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH FUGRO- MCCLELLAND (SOUTHWEST), INC., TO PROVIDE SUCH SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTEEN THOUSAND TWO HUNDRED AND NO /100 DOLLARS ($15,200.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby repeals Ordinance No. 8422 passed on October 8, 1998, which authorized an agreement with Geotest Engineering, Inc., to provide geotechnical data for the repair and replacement of channel markers at Bayland Park Marina. Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor of the City of Baytown to execute and the City Clerk to attest to a contract with Fugro- McClelland (Southwest), Inc., to provide geotechnical data for the repair and replacement of channel markers at the Bayland Park Marina. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 3: That the City Council of the City of Baytown authorizes payment to Fugro- McClelland (Southwest), Inc., of the sum of FIFTEEN THOUSAND TWO HUNDRED AND NO /100 DOLLARS ($15,200.00), pursuant to the contract. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25`h day of February, 1999. PETE C. ALFARO, Mayor ATTEST: E EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR( C Attorney c:klh 144 \CityCouncil% OrdinancesU Repeal GeotestOrdinanceAulhorizeFugro - McClelland ® FUGRO SOUTH, INC. Proposal No. 0401 -2000 -648 February 23, 1999 City of Baytown 2401 Market Street Baytown, Texas 77520 Attention: Mr. Howard Wellspring Proposal for Geotechnical Study Bayland Marina Channel Markers City of Baytown Baytown, Texas Introduction srf7 , 2 loSq 6100 Hillcroft (7708 1) P.O. Box 740010 Houston, Texas 77274 Tel : (713) 778 -5533 Fax: (713) 778 -5544 Fugro South, Inc. is pleased to submit this proposal to perform a geotechnical study for the Bayland Marina Channel Markers Project along the Houston Ship Channel in Baytown, Texas. This proposal was requested by Mr. Carl Contella, P.E. with the City of Baytown. Project Description The City of Baytown is planning to repair or replace the channel markers for the Bayland Marina in Baytown, Texas. These channel markers are used to identify the navigable channel connecting the Houston Ship Channel to the Bayland Marina. Reportedly, many of the existing channel markers are missing or are damaged. The existing channel markers consist of timber piles founded approximately 10 to 15 ft below the mudline and extending about 10 ft above the waterline. A plywood marker is attached to the top of the exposed pile to identify the channel. Reportedly, the water depth varies from about 3 to 6 ft along much of the channel. Toward the Ship Channel, the water depth increases to about 15 to 20 ft. The City of Baytown has requested that we evaluate the subsurface soil conditions along the Bayland Marina Channel and provide timber pile recommendations for the proposed channel marker improvements. Scope of Work The purpose of our geotechnical study will be to explore and evaluate subsurface soil conditions, and to develop geotechnical engineering recommendations to assist in the proposed channel ® marker modifications. The following sections of this proposal further describe our proposed scope of work. EXHIBIT A i"7 • A member of the Fugro group of companies with offices throughout the world. t Mr. Howard Wellspring City of Baytown tiles oq February 23, 1999 Page 2 Field Exploration. We propose to use cone penetration testing methods to explore the subsurface conditions at the site. We will perform a series of cone penetration test (CPT) soundings along the Bayland Marina Channel. We will access the channel using a Jack -Up Barge and be on -site for only one day. We anticipate performing at least 4 CPT soundings; however, the actual number of CPT soundings performed will be dependent on the actual site conditions encountered while in the field. We will locate the CPT locations relative to a land based benchmark adjacent to the channel as designated by the City of Baytown. Engineering Analyses and Reporting. Our engineering analyses and reporting for this study will include: • discussion of field exploration activities; • site description and generalized soil conditions; • axial and lateral pile capacities and recommended penetrations for up to 2 sizes of timber piles based on design loads provided by the City of Baytown; and • preparing an engineering report summarizing our conclusions and recommendations. Special Conditions and/or Assumptions: Several assumptions have been made in developing this estimate and, if not valid, will constitute a change in scope requiring an adjustment in the project cost. These assumptions are: • One mob /demob for field investigation. • Right -of -entry, and any other permits required for site access will be obtained by Client orior to our field crew arrival. • Standby time, including waiting on access to site and weather - related delays will not exceed 2 hours. • No meetings will be required. • Environmental assessment, evaluation, and /or analyses are beyond the scope of this study. n Mr. Howard Wellspring City of Baytown Cost and Terms v February 23. 1999 Page 3 • Services to be performed in accordance with the terms and conditions as set forth in the attached City of Baytown Supplemental Conditions and agreed upon by Fugro South, Inc. • We will perform the scope of services discussed herein on a time and materials basis for an estimated fee not to exceed $15,200, which includes $12,500 for the field exploration, and $2,700 for the engineering analyses and reporting. We will not exceed this amount without your prior approval and written authorization. Our estimate does not include any meetings with the City of Baytown. Any required meetings will be handled on a time and materials basis in accordance with our attached Fee Schedule E -98, "Professional and Technical Fees ". Schedule of Work • Field investigation to begin within about 7 to 10 working days of authorization and take about 1 day to complete. • Final geotechnical report to be submitted about 3 weeks following completion of the field work. Authorization Authorization for our work is usually through a purchase order or work order. Please reference this proposal in the body of the contract. - - - - - - - - - -- - - - - -- - -- - • Mr. Howard Wetlspring City of Baytown Closing ��mse® M AM m February 23, 1999 Page 4 We appreciate having the opportunity to prepare this proposal for the City of Baytown and look forward to your favorable response. For further information or questions, please contact: Blake E. Cotton, P.E. at (713) 778 -5596 or Robert P. Ringholz, P.E. at (713) 778 -5543 Fugro South, Inc. 6100 Hillcroft Houston, Texas 77081 FAX No. (713) 778 -5544 Attachments Copies Submitted: BEG BEC (24,80 dot) 02MM 10:20 AM (2) Sincerely, FUGRO SOUTH, INC. Blake E. Cotton, P.E. Project Manager 0 Supplemental Conditions These Supplemental Conditions shall supersede and control over the terms and conditions contained in the proposal of Fugro South, Inc. (hereinafter referred to as "CONSULTANT "), which proposal is numbered 0401 - 2000 -648, dated February 23, 1999, and addressed to the City of Baytown (hereinafter referred to as "CITY "), for professional services for the geotechnical investigation concerning the boat channel markers at Bayland Park Marina and all exhibits and tables attached thereto and incorporated therein to the extent that there is conflict. UNDERGROUND UTILITIES: Using the standard level of care and diligence normally practiced by recognized engineering firms now performing similar services under similar circumstances, CONSULTANT shall be responsible for locating lines, facilities and infrastructures in the area where the work is to be performed. CONSULTANT shall take reasonable care to ensure that all lines, facilities and infrastructures of any kind located in the area where the work is to be performed are not moved, damaged, destroyed, or otherwise interfered with during CONSULTANT's drilling, sampling, and other work performed pursuant to this Agreement. 2, PAYMENT: Invoices shall not be submitted for payment until completion of the work and the same shall be payable within 30 days after the work is completed or 30 days after receipt of an invoice detailing the services performed, whichever is later. The parties understand and agree that the total cost quoted in CONSULTANT's proposal referenced hereinabove includes all costs and expenses associated with the work to be performed by CONSULTANT. At no time, shalt CITY be obligated to pay any additional fees or reimbursable expenses. 3. INSURANCE: Throughout the term of this Agreement, CONSULTANT at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from CONSULTANT's operations and/or performance of the work under this Agreement, whether such operations. and/or performance be by CONSULTANT, its agents, representatives, volunteers, employees or subconsultants or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its officers, agents and employees. Any insurance or self - insurance maintained by CITY, its officials, agents and employees shall be considered in excess of CONSULTANT's insurance and shall not contribute to it. Further, CONSULTANT shall include all subconsultants as additional insureds under its commercial general liability policies and professional liability policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the ® requirements stated herein. Supplcmentat Conditions, Page I CONSULTANT's Initials CITY's Initials ® The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: Commercial General Liability (CGL) General Aggregate: $1,000,000 Products & Completed Operations Aggregate: $1,000,000 Personal & Advertising Injury: $1,000,000 Per Occurrence: $500,000 a. Coverage shall be at least as broad as ISO CG 00 01 10 93 b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile Policy (BAP) Combined Single Limits: $1,000,000 a. Coverage for "Any Auto." Errors & Omissions (E &O) Limit: $250,000 a. For all architects, consultants, and/or design companies. b. Claims -made form is acceptable. C. Coverage will be in force for three years after project is completed. Workers' Compensation: Statutory Limits Employer's Liability: $500,000 a. Waiver of Subrogation required. b. Will include USL &H if any work is performed along coastal areas_ Upon execution of this Agreement, CONSULTANT shall file with CITY valid Certificates of Insurance and endorsements acceptable to CITY. Such Certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to CITY via certified mail, return receipt requested. CONSULTANT shall also file with CITY valid Certificates of Insurance covering all subconsultants. The following are general requirements which are applicable to all policies: a. AM Best Rating of A:V or better. b. Insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Liability policies will be on occurrence form. Errors and Omissions can be on claims -made form. d. CITY, its officials and employees are to be added as Additional Insured to ® liability policies. Supplemental Conditions, Page 2 CONSULTANT's Initials XK_17 CITY's Initials e. Upon request of and without cost to CITY, certified copies of all insurance policies or certificates of insurance shall be furnished to CITY's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to CITY's representative prior to performing any work or services in furtherance of this Agreement. 4. INDEMNITY: CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS AND EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS "CITY ") FROIVh AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT, TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH THE NEGLIGENT PERFORIVIANCE OF SERVICES BY CONSULTANT UNDER THIS AGREEMENT. IN THE EVENT OF PERSONAL INJURY TO OR DEATH OF CONSULTANT OR CONSULTANT'S EMPLOYEES OR SUBCONSULTANTS, SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF CITY. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS OTHER THAN CONSULTANT OR ITS EMPLOYEES THAT IS CAUSED BY OR RESULTS FROM THE SOLE NEGLIGENCE OF CITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST CITY BY REASON OF ANY OF THE ABOVE AND TO THE EXTENT COVERED BY CONSULTANT'S INSURANCE, CONSULTANT AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO CITY. WHERE PERSONAL INJURY, DEATH OR LOSS OF OR DAMAGE TO PROPERTY IS THE RESULT OF JOINT ACTIVE OR PASSIVE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY AND CONSULTANT, THE CONSULTANT'S DUTY OF INDEMNIFICATION SHALL BE IN PROPORTION TO ITS ALLOCABLE SHARE OF JOINT ACTIVE OR PASSIVE NEGLIGENCE OR WILLFUL MISCONDUCT. IF CITY IS STRICTLY LIABLE UNDER LAW, CONSULTANT'S DUTY OF INDEMNIFICATION SHALL BE IN THE SAME PROPORTIONS THAT THE NEGLIGENT ACTS OR ONIISSIONS OF CONSULTANT CONTRIBUTED TO THE PERSONAL INJURY, DEATH OR LOSS OF OR DAMAGE TO PROPERTY FOR WHICH THE CITY IS STRICTLY LIABLE. The above- referenced indemnities shall survive the expiration or earlier termination of this Agreement and shall remain in full force and effect. Supplemental Conditions, Page 3 CONSULTANT's Initials CITY's Initials LJ 5. RELEASE: By this Agreement, CITY does not consent to litigation or suit, and CITY hereby expressly revokes any consent to litigation that it may have granted by the terms of this Agreement or any other contract or agreement, any charter, or applicable state law. CONSULTANT assumes full responsibility for the work and services to be performed hereunder and hereby releases, relinquishes and discharges CITY, its officers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) caused by or arising out of CONSULTANT's negligent performance of services hereunder. THIS RELEASE SHALL APPLY REGARDLESS OF WHETHER SAID CLAIMS, DEMANDS, AND CAUSES OF ACTION ARE COVERED IN WHOLE OR IN PART BY INSURANCE AND REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, OR INJURY WAS CAUSED IN PART BY THE NEGLIGENCE OF CITY. The terms of the release contained in this section shall survive the termination or expiration of this Agreement and shall remain in full force and effect. 6. SCHEDULING OF WORK: The services set forth in the Proposal will be accomplished in a timely, workmanlike and professional manner by CONSULTANT personnel in accordance with the project schedule contained in CONSULTANT's proposal. CONSULTANT understands and agrees that time is of the essence in this Agreement. 7. ACCESS TO SITE: CITY will provide adequate access to the site for CONSULTANT to perform the work and services. CONSULTANT shall take all necessary and reasonable measures to ensure that no damages to the site or any improvements result. Any damages to the site or the improvements shall be promptly repaired by CONSULTANT at no further cost and expense to CITY and if CONSULTANT fails to timely repair or fails to repair the site and/or improvements to the satisfaction of CITY, CITY shall have the same repaired and bill CONSULTANT for the cost thereof. Such cost shall be due from CONSULTANT on or before the 15`h day after receipt of an invoice for the services. Any monies not promptly paid by CONSULTANT shall accrue interest at a rate of 1% per month. CONSULTANT and CITY hereby agree that should CONSULTANT be liable for monetary damages in accordance with this section that CITY may withhold permanently the amount for which CONSULTANT is liable from its compensation hereunder. S. TEIZAIINATION: This Agreement may be terminated by either party upon 10 days' prior written notice. In the event of termination, City shall compensate CONSULTANT ® for all services performed up to and including the termination date, including reimbursable expenses, which have been approved in writing by CITY; provided, Supplemental Conditions, Page 4 CONSULTANT's Initials CITY's Initials ® however, prior to CONSULTANT obtaining any monies pursuant to this paragraph, CONSULTANT must tender all work product to CITY. In the event that CONSULTANT terminates this Agreement and CITY may AT ITS OPTION provide for completion of the work in the following manner: CITY may let the contract for the completion of the work and services under substantially the same terms and conditions which are provided in this Agreement. In case any increase in cost to CITY under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to CONSULTANT. However, should the cost to complete any such new agreement prove to be less than what would have been' the cost to complete under this Agreement, CONSULTANT hereby waives any and all privileges, rights and claims to such excess. On or before the termination date, CONSULTANT must tender to CITY all samples and work product at the time of the termination. Any monies due and owing to CONSULTANT at the time CONSULTANT terminates this Agreement may at CITY's SOLE OPTION be withheld from CONSULTANT until completion of the services has been attained. 9. APPLICABLE LAW: This Agreement shall be governed by and construed according to the laws of the State of Texas. The venue for all claims asserted under this Agreement shall be Harris County, Texas. 10. QUALITY OF SERVICE: CONSULTANT represents that the services offered or performed by CONSULTANT pursuant to this Agreement shall be suitable for the intended use and purpose by CITY and shall be in accordance with generally accepted engineenng and consulting practices in the industry and adopted by geotechnical firms performing services of a similar nature under similar circumstances and in effect at the time services are rendered. Furthermore, CONSULTANT's services shall be in compliance with applicable statutes, laws, regulations and codes pertaining to the project and the intended use of the same by CITY. 11. OWNERSHIP OF WORK PRODUCT: CONSULTANT hereby grants and conveys an ownership interest to CITY in all work products relating to the project described in the proposal without additional compensation. 12. COMPLETION DATE: All work and services hereunder shall be fully and finally completed and accepted by CITY in accordance with consultant's proposal. 13. NOTICE: All notices required to be given hereunder shall be given in writing by telecopier, overnight, or facsimile transmission, certified or registered mail or by hand delivery at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following address: Supplemental Conditions, Page 5 COiiSULTAVT's Initials tkii CITY'S Initials CONSULTANT Fugro South, Inc. Attn: Mr. Blake E. Cotton, P.E. P.O. Box 740010 Houston, Texas 77274 Fax: 713- 778 -5544 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax: (281) 420 -6586 14. NO ARBITRATION: Notwithstanding anything to the contrary contained in this Agreement, CITY and CONSULTANT hereby agree that no claim or dispute between CITY and CONSULTANT arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1 - 14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that CITY is subjected to an arbitration proceeding notwithstanding this provision, CONSULTANT consents to be joined in the arbitration proceeding if CONSULTANT's presence is required or requested by CITY of complete relief to be recorded in the arbitration proceeding. 15. NON - WAIVER: Failure of either party hereto to insist on the strict performance of any of the agreements contained herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 16. SEVERABILITY: All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 17. INDEPENDENT CONTRACTOR: In all activities or services performed hereunder, CONSULTANT is and at all times shall remain an independent contractor, not an agent or employee of CITY. CONSULTANT, as an independent contractor, shall be solely responsible for the final product contemplated under this Agreement and shall have ultimate control over the execution of the work and services under this Agreement. CONSULTANT shall have the sole obligation to employ, direct, control, supervise, manage, discharge and compensate all of its employees and subcontractors. ® 18. ASSIGNMENT. CONSULTANT may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without the prior written consent of CITY. Supplemental Conditions, Page 6 CONSULTANT's Initials A" CITY's Initials 19. AGREEMENT READ: The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20. AMENDMENTS: No amendments to this Agreement shall be effective and binding until it is reduced to writing and signed by the duly authorized representatives of both parties. 21. MULTIPLE ORIGINALS: It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. 22. CONSTRUCTION OF AGREEMENT: The parties agree that this Agreement shall not be construed in favor of or against any party on the basis that the party did or did not author this Agreement. 23. HEADINGS: The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. 24. GENDER AND NUMBER: Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless context requires otherwise. 25. AUTHORITY: The officers executing this Agreement on behalf of the parties hereby confirm that such officers have full authority to execute this Agreement and to bind the party he /she represents. cAklh I42\ Cnginccring\ ContractProvisions\ FugroSout hSupplcmcntalConditions02l999 .Clcan Supplemental Conditions Page 7 CONSULTANT's Initials CITY'S Initials FUGRO SOUTH, INC. Schedule E -98 ®1 CNA PROFESSIONAL AND TECHNICAL FEES (U.S.A.) 1.0 Analysis, Consultation, and Report Preparation. Fees for our professional services, including project administration, are based on the time of professional, technical, and other support personnel directly applied to the project. Personnel participating in judicial proceedings, whether it be expert or witness testimony, delivery of depositions, consultation to legal counsel, or preparation for such, will be billed at 1.5 times the standard rates quoted below. Rates for overtime, weekend work, and emergency response will be quoted on request. Principal $140 Senior Consultant $125 Sr. Project Manager $105 Project Manager $100 Senior Professional $ 85 Project Professional $ 75 Staff Professional $ 60 CAD Specialist $ 50 Specialist Technician $ 45 Senior Technician $ 40 Word Processor $ 35 Technician $ 35 Engineering Aide $ 35 2.0 Other Services. Projects may require other services, such as: field exploration, field or laboratory testing, reproduction, or computer services, which are not covered by this schedule. Fee schedules for other services can be provided upon request. 3.0 International Projects. The above hourly rates apply for U.S.A. based personnel. Rates for non - U.S.A. personnel will be provided as needed. 4.0 Reimbursable Expenses. Expenses, other than salary costs, that are directly attributable to the performance of our professional services are billed either under separate fee schedules or as follows: 4.1 Transportation in leased or company vehicles is $75 /day (1/2 -day minimum) plus $0.35 /mile over 50 miles per day. Transportation in our personal automobiles is provided at cost plus 15 percent. 4.2 Direct project expenses including, but not limited to, authorized travel, sample shipment, subcontracts, long distance communications, outside reproduction, and mailing expense, cost plus 15 percent. 4.3 Time of external personnel retained for the project is charged at an assigned billing rate comparable to others in our company of corresponding expertise and experience.