Item 15 - Approval of 1 Yr. Extension to Contract with Group Delta Consultants
AGEND~~EPORTS~Y
TO: Honorable Mayor and Members of City Council
Honorable Chairman and Members of the
- Redevelopment Agency
FROM: James L, Bowersox, City Ma~
INITIATED BY: John 0, Fitch, Assistant City Manage~)1r
Mark S, Weston, Director of Engineering services~
Kathy L. Cerini, Assistant Civil Engineer II~~
DATE: November 28, 1995
SUBJECl': Approval of a One Year Extension to the Contract with Group Delta
Consultants, Inc.
ABSTRACl'
On October 27, 1992, the City of Poway and the Redevelopment Agency entered into a
contract with Group Delta Consultants, Inc. to provide geotechnical services to the
City and the Agency, The length of the contract was for a two-year period with
extensions on a year-to-year basis for a period not to exceed three additional years,
Staff recommends that the contract be extended for one year per the terms of the
agreement.
ENVIRONMENTAL REVIEW
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This action is not subject to CEQA review,
FISCAL IMPACl'
The costs of this contract are supported by developer fees or are included as line
items within Capital Improvement Project budgets. The fees within the contract for the
one year extension remain unchanged.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Group Delta Consultants, Inc,
RECOMMENDATION
It is recommended that the City Council and the Redevelopment Agency direct the City
Manager to extend the current agreement for consultant services with Group Delta
Consultants, Inc, for one year to the date of October 27, 1996,
ACl'ION
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- AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed fr?~ ~e ~onsent Calendar and
discussed 5epl!lrate!y. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and 9!Ye it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Mem~~ the Redevelopment Agency
FROM: James L, Bowersox, City Man
.f-t
INITIATED BY: John D. Fitch, Assistant City Manage~1 ~
Mark S, Weston, Director of Engineerin Services~
Kathy L, Cerini, Assistant Civil Engineer II ~LC-
DATE: November 28, 1995
SUBJECT: Approval of a One Year Extension to the Contract with Group
Delta Consultants. Inc, for Geotechnical Services
BACKGROUND:
On October 27, 1992, the City of Poway and the Redevelopment Agency entered
into a contract with Group Delta Consultants, Inc, to provide geotechnical
services to the City and the Agency, The geotechnical services include review
of soils and geotechnical reports for private development, preliminary and
final soils reports for the City and the Redevelopment Agency, Capital
Improvement Projects, and review of geological and geotechnical issues that
arise on an as-needed basis throughout the City, The length of the contract
was for a two-year period with extensions on a year-to-year basis for a period
not to exceed three additional years.
FINDINGS:
The City of Poway and the Redevelopment Agency have been well served by Group
Delta Consultants, Inc. for geotechnical services. Staff has negotiated an
extension with Group Delta Consultants, Inc, which prOVide for all
requirements in the contract including the original fees to be extended for
one additional year, Staff recommends the contract be extended to October 27,
1996,
FISCAL IMPACT:
The costs of this contract are supported by developer fees or are included as
line items within Capital Improvement Project budgets, The fees within the
contract for the one year extension remain unchanged.
ACTION:
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Approval of a One Year ~xtension to the Contract with Group
Delta Consultants, Inc, for Geotechnical Services
November 28, 1995
- Page 2
ENVIRONMENTAL IMPACT:
This action is exempt from C.E,Q,A. review,
PUBLIC NOTIFICATION 1 CORRESPONDENCE:
Group Delta Consultants, Inc,
RECOMMENDATION:
It is recommended that the City Council and the Redevelopment Agency direct
the City Manager to extend the current agreement for consultant services with
Group Delta Consultants, Inc. for one year to the date of October 27, 1996.
JLB:JDF:MSW:KLC:bw
ATTACHMENTS:
1. Agreement for Consultant Services
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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, entered into this 27th day of October , 1992, by
and between the CITY OF POWAY, a Municipal corporation, hereinafter referred to
as "CITY" and the POWAY REDEVELOPMENT AGENCY, a Municipal corporation,
hereinafter referred to as "AGENCY" and GROUP DELTA CONSULTANTS, INC., a
California corporation, hereinafter referred to as "CONSULTANT,"
REC ITAL
WHEREAS, CITY and AGENCY desire to obtain the services of a private
consulting geotechnical fir~ to perform as-needed municipal geotechnical
services, including sons, geologic review, field inspection, and other needed
geotechnical services; and,
WHEREAS, CONSULTANT is a geotechnical fir~, registered for the practice of
geotechnical engineering in the State of California and possesses the necessary
qualifications to provide such services; and,
WHEREAS, CITY and AGENCV have authorized preparation of an agreement to
retain the services of CONSULTANT.
NOW, THEREFORE, it is mutually agreed that the CITY and AGENCY do hereby
retain CONSULTANT to provide consulting services under the following terms:
I. SCOPE OF SERVICES ,
CONSULTANT agrees to perfor~ geotechnical services requested by City
Engineer and as required by state law, local codes, ordinances,
standards, and/or regulations, The CONSuLTANT shall provide the
necessary qualified personnel to accomplish the following:
a. Third party reviews of geotechnical reports for private developllient,
Reviews include slope stability analysis, geologic hazards, fill
compactions, foundation design, hydrogeology, and other geologic
concerns.
b. Third party review of compaction reports, for private development.
c, Preparation of geotechnical reports for city-originated projects,
d, Geotechnical support services during construction of city-
originated projects. These services include soils testing, the
development of laboratory data, and a final report to be included in
project fi 1 es,
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e, Dnsite visits and consultation for projects in which changed field
- conditions or unforeseen soil problems arise,
f, General geotechnical consulting services provided by the City on an
as-needed basis.
II. COMPENSATION
For third party reviews, compensation shall be based on the flat fee
schedule in Exhibit A.
For City projects, compensation will be on a time-and-materials basis per
Section III of this agreement.
Compensation for each task shall be agreed upon prior to the start of
work,
Additional compensation for task assignment will be developed and agreed
to by CITY, AGENCY, and CONSULTANT prior to performance of any additional
work,
III. METHOD AND SCHEDULE OF COMPENSATION
CITY and AGENCY. shall compensate CONSULTANT within 30 days of receipt of
CONSULTANT'S invoice for their services performed, The CITY and AGENCY
agree to notify CONSULTANT of any disputed invoices within 10 days of the
receipt of the invoice, Schedule of hourly rates (Exhibit B) shall be
reviewed annually by the Director of Engineering Services" Any increases
in the schedule must be negotiated' prior to the.beginning of 'each new
fiscal year (July 1) and approved by the City Council.
Schedule of Comoensation
See Exhibit B which is made a part of this agreement,
IV. OBLIGATION OF THE CITY AND AGENCY
CITY and AGENCY shall make available all records, reports, and other
doc"mentation deemed necessary by CONSULTANT to properly perform the
services as required by the CITY and AGENCY.
V, . :rr,'lE.IJF 'BE!WINH!G -P.NO TERM OF AGREEMENT
The services provided under this Agreement shall begin upon execution of
this Agreement by all parties and receipt of written Notice to Proceed.
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VI. COVENANT AGAINST CONTINGENT FEES
CONSULTANT declares that he has not employed or retained any company' or
person, other than a bona fide employee working for CONSULTANT, to
solicit or secure this Agreement, that he has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift or any other consideration,
contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, CITY and AGENCY shall have the
right to annul this Agreement without liability, or, at its sole
discretion, to deduct from the Agreement price or consideration, or
otherHise recover the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee,
VII. EXPENSES
CONSULTANT acknowledges CITY and AGENCY are under no obligation to
compensate CONSULTANT for services rendered or expenses accrued under
this Agreement in excess of the maximum compensation specified in
Exhibit A,
VIII. OWNERSHIP OF DOCUMENTS
All tracings, plans, specifications, maps, or other documents prepared or
obtained under the terms of this Agreement shall be delivered to, and
become the property of CITY and AGENCY, and basic survey notes and
sketches, charts, computations and other data prepared or obtained under
this Agreement shall be made available upon request to CITY and AGENCY
without restriction or limitation on their use, CITY and AGENCY will
provide notice to CONSULTANT of substantial changes made by the CITY and
AGENCY,
CITY and AGENCY agree to hold harmless and indemnify CONSULTANT from any
unauthorized re-use of their tracings, plans, specifications, maps, or
other documents prepared or obtained under the terms of this Agreement.
IX. NONDISCLOSURE
The designs, plans, reports, investigation, materials, and documents
prepared or acquired by CONSULTANT pursuant to this Agreement (including
any duplicate copies kept by CONSULTANT) shall not be shown to any other
public or private person or entity, except as. authorized by CITY and
AGENCY, CONSULTANT shall not disclose to any other public or private
person or entity any information regarding the activities of CITY and
AGENCY, except as authorized by CITY and AGENCY,
X. CONFLICT OF INTEREST
For the duration of this Agreement, CONSULTANT shall not act as
consultant or perform services of any kind for any person or entity
within the city boundaries,
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XI. CHANGES IN SCOPE OF CONSULTANT'S SERVICES
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No additional fee shall be paid by CITY and AGENCY for additional
consulting services not included in this Agreement without the written
approval of CITY and AGENCY prior to undertaking such work, In the event
of suspension of project by CITY and AGENCY, CONSULTANT shall have the
right to renegotiate fees if delay is greater than six (6) months,
XII, TERI1INATION
CITY and AGENCY may, without cause, terminate the Agreement at any time
prior to completion by CONSULTANT of any of the services required
hereunder. Notice of Termination of this Agreement shall be given in
writing to CONSULTANT and shall be sufficient to complete when same is
deposited in the U,S. mails, first class postage prepaid,
In the event this Agreement is terminated by CITY and AGENCY, CONSULTANT
shall be paid the value of services performed by him pursuant to this
Agreement prior to the date of termination thereof, such value to be the
total to which he shall have become entitled, as determined by the
Director of Engineering Services, less the amount of any payments
previously made, but in no event exceeding the maximum contract amount
stated in the task assignments,
XIII. DISPIJTES
- Unless otherwise specified herein, any dispute over a question of fact
arising under this Agreement, which cannot be resolved by agreement
between the parties, may'be, by mut~al consent of the parties, submitted
to a "Board of Arbitration" consisting of three (3) arbitrators having
expertise relating to this contract subject matter, one of whom shall be
selected by each of the parties, and the third by the two members
selected by the parties.
Each of the parties shall pay the member selected by it, and the
compensation of the third member shall be paid equally by the parties.
The parties shall be bound by the decision of the Board of Arbitration.
XIV, NO ASSIGNMENTS
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to
which CITY and AGENCY, in its sole discretion, consent to in advance
thereof in writing, Any assignment or subcontracting in violation of
this provision shall be void,
'1:-1. ENDORSEMENT ON PLANS, ETC.
CONSULTANT shall endorse all plans, data, and other documentation
submitted to CITY and AGENCY pursuant to this Agreement.
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XVI. CORRECTION OF WORK
The performance of services by CONSULTANT shall not relieve CONSULTANT
from any obligation to correct any incomplete, inaccurate, or defective
work at no further cost to CITY and AGENCY, when such inaccuracies are
due to the negligent performance of CONSULTANT, provided such work has
n~t been accepted in writing by CITY and AGENCY,
XVII. MAINTENANCE OF RECORDS
CONSULTANT and his subcontractors shall maintain all books, documents,
papers, employee time sheets, accounting records, and other evidence
pertaining to costs incurred and shall make such materials available at
their respective offices at all reasonable times during the contract
period and for three (3) years from the date of final payment under this
Agreement for inspection by CITY and AGENCY and copies thereof shall be
furnished, if requested.
XV II I. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, CONSULTANT shall be an
independent contractor and shall not be an employee of CITY and AGENCY,
CITY and AGENCY shall have the right to control CONSULTANT only insofar
as the results of CONSULTANT'S services rendered pursuant to this
Agreement; however, CITY and AGENCY shall not have the right to control
the means by which CONSULTANT accomplishes services rendered pursuant to
th is Agreement.
XIX. LICt~SES, PERMITS, ETC. ,
CONSULTANT represents and decl ares to CITY and AGENCY that he has all
licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice his profession, CONSULTANT represents
and warrants to CITY and AGENCY. that CONSULTANT shall, at his sole cost
and expense, keep in effect at all times during the term of this
Agreement, any license, permit, or approval which is legally required for
CONSULTANT to practice his profession,
XX, CONSULTANT'S INSURANCE
CONSULTANT shall obtain and maintain during the life of this Agreement
all of the following insurance coverages: .
A, Comcrehensive General Liability, including premises-operations,
prOducts/completed, broad form property damage, and blanket
contractual liability.
B, Automobile Liability, including owned, hired, and non-owned
vehicles,
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C, CONSULTANT shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liabilitv
Insurance with policy limits of not less that SI,OOO,OOO combined
single limits, per occurrence, and annual aggregate, '
D. Workers' ComDensation insurance in statutory amount, All of the
endorsements which are required above shall be obtained for the
policy of Workers' Compensation Insurance,
Endorsements shall be obtained for the policies providing the above
insurance for the following three provisions:
1. Additional Insured: (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation,)
"The CITY OF POWAY and the POWAY REDEVELOPMENT AGENCY and its
elected and appointed boards, officers, agents, and employees are
additional insureds with respect to this subject project and
contract with CITY,"
2, Notice:
"Said pol icy shall not terminate, nor shall it be canceled, until
thirty (30) days after written notice is given to CITY."
3, Primarv Coveraoe:
"The policy and coverage afforded to the CITY OF POWAY and the POWAY
REDEVELOPMENT AGENCY and its elected and appointed boards, officers,
agents, and employees shall be primary insurance and not
contributing with any other insurance maintained by CITY,"
The policy limits shall have minimum coverages per occurrence as
roll ows:
S 500,000 -- Property Damage;
Sl,OOO,OOO -- Injury to One Person/Any One Occurrence; and
SI,OOO,OOO -- Injury to More Than One Person, Any One
Occurrence
CONSULTANT shall provide CITY and AGENCY certificates of insurance
showing the insurance coverages described in the paragraphs above,
in a form and content approved by CITY and AGENCY, prior to
beginning work under this Agreement.
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XXI. LIABILITY
A, Notwithstanding any other provision contained in this Agreement,
CONSULTANT shall be responsible for all injuries to persons and for
all damage to real or personal property of CITY and AGENCY or
others, caused by or resulting from the wrongful act or negligent
acts, errors, or omissions of itself, its employees, or its agents
during the progress of, or connection with, the rendition of
services hereunder, CONSULTANT shall hold harmless and indemnify
CITY and AGENCY, and all officers and employees of each public
agency from all costs and claims for damages to real or personal
property, or personal injury to any third party, including
reasonable attorney fees resulting from the sole negligent
performance of CONSULTANT, its employees, or its agents, under this
Agreement,
B, CITY and AGENCY agree that, in accordance with generally accepted
construction practices, the construction contractor will be required
to assume sole and complete responsibility for job site conditions
during the course of construction of the project including safety of
all persons and property, and that this requirement shall be made to
apply continuously and not be limited to normal working hours,
C. CITY and AGENCY waive any claim against CONSULTANT and agrees to
defend, indemnify and hold harmless CONSULTANT from any claim,
damage or liability for injury or loss, costs created by delay of
the project caused by other than CONSULTANT, costs associated with
possible reduction of the property's value, and any consequential
damages of whatever nature, ~hich may arise directly or.indirectly
as a result of the services provided by CONSULTANT under this
Agreement, unless such claim or liability is caused by the sole
negligence or willful misconduct of CONSULTANT,
0, CITY and AGENCY agree to limit CONSULTANT'S liability due to
professional negligence and to any liability arising out of or
relating to this Agreement to fifty thousand dollars (550,000) or
the amount of the CONSULTANT'S fees, whichever is greater. This
limit applies to all services on this project, whether provided
under this or subsequent agreements,
E, CITY and AGENCY will provide for right of entry for CONSULTANT, and
for any other personnel and all equipment necessary in order to
complete the work, While CONSULTANT will take all reasonable
precautions to minimize any damage to the property, it is understood
by CITY and AGENCY that in the normal course of work some damage may
occur, the correction of which is not part of this Agreement, The
CITY and AGENCY agree to indemnify and hold CONSULTANT harmless from
any liability for any damage so caused by the performance of such
work, unless caused by the gross negligence or willful misconduct of
CONSULTANT or their personnel,
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F, CITY and AGENCY shall indemnify and hold CONSULTANT harmless for
damage or injury arising from damage to subterranean structures or
utilities (pipes, tanks, telephone cables, etc.) that are not called
to the attention of CONSULTANT or are not correctly shown on the
plans furnished to CONSULTANT, in connection with work performed by
CONSULTANT.
XXII. COMPLIANCE WITH LAWS
Ouri ng the performance of thi s Agreement, CONSULTANT agrees as follows:
A, CONSULTANT will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national
origin. CONSULTANT will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin, Such action shall include but not be limited to
the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; layoff or termination; rates
of payor other forms of compensation; and selection for training
including apprenticeship, CONSULTANT shall comply with provisions
of the American Disability Act (ADA),
B, CONSULTANT will, in all solicitations of advertisements for
employees placed by or on behalf of CONSULTANT, state that all
qual ified appl icants will receive consideration for employment
without regard to race, color, religion, sex, or national origin,
C, CONSULTANT will perform the $ervices herein contemplated in
compliance with the Federal and California laws concerning minimum
hours and wages (California Labor Code, Section 1171 et seq.),
occupational health and safety (29 U,S,C. 651 et seq, .and California
Labor Code, Sections 6300 et seq,), fair employment-practices (Z9
U.S,C, 201 et seq. and California Labor Code, Sections 1410 et
seq,), Workers' Compensation Insurance and Safety in Employment
(Divisions 4 and 5 of the California Labor Code), and all amendments
thereto, and a 11 s imil ar State or Federal 1 aws to the extent they
are applicable,
D, CONSULTANT shall file a Statement of Economic Interest with the City
Clerk of the City of Poway, The CONSULTANT shall report financial
interests, investments, and interests in real property as required
by law,
E, CONSULTANT will cause the foregOing provisions to be inserted in all
subcontracts for any work covered by this Agreement so that such
provisions will be binding upon each subcontractor, provided that
the foregOing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials,
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XXIII . CONSULTANT NOT AN AGENT
Except as CITY and AGENCY may specify in writing, CONSULTANT shall have
no authority, expressed or implied, to act on behalf of CITY and AGENCY
in any capacity whatsoever as an agent, CONSULTANT shall have no
authority, expressed or implied, pursuant to this Agreement to bind CITY
and AGENCY to any obligation whatsoever,
XXIV. PERSONNEL
CONSULTANT shall assign qualified and certified personnel to perform the
services required,
CITf and AGENCY shall have the unrestricted right to order the removal of
any person(s) assigned by CONSULTANT by giving oral or written notice to
CONSULTANT to such effect,
CONSULTANT'S personnel shall at all times comply with CITY and AGENCY'S
drug and alcohol policies then in effect,
XXV. LENGTH OF CONTRACT
The contract period shall be two (2) years, The contract may be extended
on a year-to-year basis for a period not to exceed three additional years
by written mutual agreement,
XXVI. NOT! CES
Notices to the parties, unless otherwise requested in writing, shall be
sent to CITY and AGENCY at:
City of Poway
Department of Engineering Services
13325 Civic Center Drive
Poway, CA 92064
and CONSULTANT at:
Group Delta Consultants, Inc,
4455 Murphy Canyon Road, Suite 100
San Diego, CA 92123
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first hereinabove written,
CONSULTANT
By: ~
Wa 1 ,ramp ton
Principal Engineer
CITY OF POWAY/REDEVELOPMENT AGENCY
APPROVED AS TO FORM: ATTEST:
~
City Clerk
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FEES FOR GEOTECHNICAL REVIEWS
A, Soils Reoort Reviews
Small Projects (1-3 houses) 5 150
Medium Projects (4-30 houses OR
1-3 commercial/industrial lots) 5 325
Large Projects (improvement costs
up to 55,000) (51,BOO maximum)
Special Projects (improvement costs
over 55,000) Time &. Materials
B, Soils Comoaction Reoorts and Gradina Insoection
Small Projects ( 1-3 houses) 5 150
Medium Projects (4-30 houses OR
1-3 commercial/industrial lots) 5 250
Large Projects (improvement costs ,
up to 55,000) (51,500 maximum)
Special Projects (improvement costs
over S5,000) Time &. Materials
EXHIBIT A
\..51\.rt\..r...tA'i~
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1992 RECEIVED
CITY OF POWAY SEP 2 5 1992
FEE SCHEDULE F:l:G1NE:J=l11IG :::_E;:;VICES
--~.. --. ',=~JT
HOURL Y CHARGES FOR PERSONNEL
PRINCIPAL ENGINEER/GEOLOGIST 105.00
ASSOCIATE ENGINEER/GEOLOGIST 90.00
SENIOR ENGINEER/GEOLOGIST 80.00
PROJECT ENGINEER/GEOLOGIST 70.00
STAFF ENGINEER/GEOLOGIST 60.00
SENIOR TECHNICIAN 55.00
TECHNICIAN 50.00
DESIGNER 50.00
ILl.USTRA TOR 40.00
TECHNICAL TYPIST 30.00
TECHNICAL ASSISTANT 25.00
OVERTIME FOR PERSONNEL WILL BE CHARGED AT 25% OVER THE HOURLY RATE
,
HOURL Y CHARGES FOR EQUIPMENT
VEHICLE:
Mobile Laboratory (Van) 7.00
Other Vehicles 5.00
Mileage: over 25 miles one way from office 0.40
COMPUTER 25.00
INCLINOMETER 10.00
NUCLEAR DENSITY GAUGE 5.00
OUTSIDE SERVICES CHARGES AT 15% OVER ACTUAL COST
LITIGATION FEES
Fees for participation in deposition, arbitration, trial, etc., will be charged at an hourly
rate of $200.00 per hour, 4-hour minimum, portal to portal.
EXHIBIT B Nay 28 1995 ITEM 15 9/92
GROUP CELTA CONSULTANTS, INC.
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