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HomeMy WebLinkAboutRES 18-275RESOLUTION NO. 18-275 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Engineering Services Contract with Schaumburg and Polk, Inc. for engineering services related to Sewer Lift Station repairs citywide for damages incurred during Hurricane/TS Harvey. The contract is attached hereto at Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2018. �11 9 i®I �P — - 4�2 ...„ +�� 4* & - Mayor Becky Ames - 0�0 ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON .CITY OF BEAUMONT CONTRACT FOR CITY OF BEAUMONT Lift Stations and Wastewater Treatment Plant Repairs Due to Tropical Storm Harvey SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed, "City", and Schaumburg & Polk, Inc., duly licensed, and practicing under the laws of the State of Texas, hereinafter termed 'Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. The City is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. 1. General A. Detailed Project Description The Engineer shall furnish PS&E Package and Construction Management Services for Lift Stations and Wastewater Treatment Plant Repairs due to Tropical Storm Harvey as further defined in Attachment "A". B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation herein provided, shall render all professional services necessary for the development of the Project to completion, as provided in this Agreement. Lift Stations and WTP Repairs — SPI EXHIBIT "A" H. Basic Services The Engineer shall perform the following basic services under this Contract as described in Attachment "A", Project Description and Scope of Work. A. The Engineer shall: Meet with City officials to determine the City's requirements for the Project. 2. Verify field survey, field investigation and measurements provided by the City. 3. Develop and prepare detailed plans, specifications, and contract documents for the construction of said Project. Furnish a cost estimate based on the plans and supporting contract documents for the proposed construction. 4. Assist the City during the bidding and construction phases of the project. 5. Furnish the City with three,(3) copies of final plans and supporting documents and one (1) set of reproducible originals. 6. Furnish any additional information as maybe listed in the Project description (Attachment A). 7. Meet with City staff to discuss any proposed adjustments. III. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. B. Preparation of any special reports, applications for permits or grants and appearances before any regulatory agencies or public hearings not included in Section II.A.6. C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer's or City's Offices and Project Lift Stations and WV Repairs -SP1 2 site. E. Preparation of exhibits. F. Additional services due to significant changes in scope of the Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties. G. Services required and approved by the City during the construction phase of the project. H. Providing services after issuance of Letter of Acceptance from. the City. N. Coordination A. The Engineer shall hold monthly conferences with the Director of Public Works or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the Project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Proj ect, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director of Public Works, B. The Director of Public Works will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the .completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at .hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City any development that would affect the scope or timing of the Project. Lift Stations and WTP Repairs — SPI 3 V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Engineering Services The basis of compensation for Engineering Services shall be on a time and materials basis as noted in Attachment "A". The basic fee shall not exceed six hundred twenty eight thousand five hundred dollars $628,500.00. B. Compensation for Additional Services that are authorized by the City shall be determined when needed. VI. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: 1. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. C. The City reserves the right to make an audit of charges claimed for this contract for services. VII. Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Final Phase as may be required to meet the needs of the City. After approval of the Final Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. VIII. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make Lift Stations and WTP Repairs — SPI 4 and retain copies of drawings and all other documents including field notes and data. Any reuse without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. IX. Termination Either parry to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the parry, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the service actuallyperformed under this Agreement that is applicable and useable of this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. X. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XI. Equal Employment Opportunity The Engineer agrees to follow the City's Minority Business Enterprise Policy. XII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. Lift Stations and WTP Repairs — SPI XIII. Indemnification/Liability THE ENGINEER SHALL SAVE HARMLESS THE CITY FROM ALL CLAIMS AND LIABILITY DUE TO ACTIVITIES OF HIMSELF, HIS AGENTS, OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH RESULT FROM AN ERROR, OMISSION, OR NEGLIGENT ACT OF THE ENGINEER OR OF ANY PERSON EMPLOYED BY THE ENGINEER. THE ENGINEER SHALL ALSO SAVE HARMLESS THE CITY FROM ANY AND ALL EXPENSES, INCLUDING ATTORNEY FEES WHICH MIGHT BE INCURRED BY THE CITY IN LITIGATION OR OTHERWISE RESISTING SAID CLAIM OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE CITY AS RESULT OF SUCH ACTIVITIES BY THE ENGINEER, HIS AGENTS, OR EMPLOYEES. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the City with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance and Professional Liability: Such insurance shall be at the Engineer's expense. The limits. shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident/$1,000,000.00 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. XIV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of this experience and qualifications and represent his best judgment as -a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. XV. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. Lift Stations and WTP Repairs — SPI 6 XVI. Federal Requirements A. Agency Concurrence. Signature of a duly authorized representative of Agency in the space provided on the signature page hereof does not constitute a commitment to provide financial assistance or payments hereunder but does signify that this Agreement conforms to Agency's applicable requirements. B. Audit and Access to Records. For all negotiated contracts and negotiated modifications (except those of $10,000 or less), Owner, Agency,_the Comptroller General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are pertinent to the Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. Engineer shall maintain all required "records for three years after final payment is made and all other pending matters are closed. C. Restrictions on Lobbying. Engineer and each Consultant shall comply with Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented -by applicable Agency regulations. This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable, Engineer must complete a certification form on lobbying activities related to a specific Federal loan or -grant that is a funding source for the Agreement. Each tier certifies. to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 USC 13 52. Each tier shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Certification and disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. D. Suspension and Debarment. Engineer certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Engineer will not contract with any Consultant for this project if it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Necessary certification forms shall be provided by the Owner. XVII. Entire Agreement This Agreement, together with Attachment "A", shall represent the entire integrated Agreement between the City and the Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be Lift Stations and WTP Repairs — SPI 7 amended only by written instilment signed by both the City and the Engineer, SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the Corporate Seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and hereunto authorized Jeffrey G. beaver, P.L., does now sign, execute and deliver this document. Done at Beaumont, Texas, on this Attest; Attest: LIABlalim,s and WTP Repahs -- SP1 day of , A.D. 2018. 8 Schaumburg & folic, Inc. By'1'�-~--- res'deirt CITY OF BE, AUMONT LM City Manager ATTACHMENT A Detailed Scope of Services Attachment "A" SCHAUMBURG 's. POLK, MISYMIMUMMIMM October 9, 2018 Dr. Joseph Majdalani, P.E. Public Works Director City of Beaumont 801 Main Street, Suite 200 Beaumont, Texas 77701 Re: City of Beaumont Lift Station and Wastewater Treatment Plant Repairs RFQ Number: PF0618-24 Dr. Majdalani, In response to being selected to provide the professional engineering services for the Lift Station and Wastewater Treatment Plant Repairs, we propose the following: LIFT STATION REPAIRS Phase 1 will develop detailed cost estimates to repair each station, and detailed cost estimates to make improvements to each station including elevating the electrical controls above the known high-water elevation. The FEMA guidelines will be used to group the lift station repairs Into like projects. Engineering services to be provided include: 1. Meet with the City to coordinate the work to be performed, and obtain any pertinent information from the City. 2. Evaluate the location and extent of the damage to each lift station 3. Develop the scope of work and detailed cost for the repairs to each lift station 4. Prepare a summary report, including proposed project grouping, and submit to the City for review by the City staff. Phase 2 will provide for repair of the damaged lift stations, including construction of n_ ew lift stations, if required. Engineering services to be provided include: A. Design Phase After authorization to proceed with the design phase, the Engineer shall: 1. Prepare final design criteria, preliminary drawings, outline specifications, written descriptions of the Project, and an updated opinion of probable construction cost, and submit to City for review by the City staff. 2. Prepare final Plans, Specifications and Contract Documents for construction of the improvements as authorized by the City. 3. Advise City of any adjustments to the opinion of probable construction cost known to Engineer. � i F � viwvu�ll3'PI °ENG �o'rn � w r, , October 9, 2018 Dr. Joseph Majdalani, P.E. Page 2 4. Submit Plans, Specifications and Contract Documents to City for review by the City staff and to obtain approval to advertise for bids. B. Bidding Phase After authorization to proceed with the bidding phase; the Engineer shall: 1. Assist the City in advertising for and obtaining bids for construction. The City will pay the cost of newspaper notices. 2. Conduct a pre-bid conference with prospective bidders. 3. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. 4. Consult with the City to determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the bidding documents. 5. Attend the bid opening, assist the City in reviewing the bids received, prepare a project Bid Tabulation, and assist the City in assembling and awarding contracts for the Work. C. Construction Phase During the Construction Phase of the project, the Engineer shall: 1. Attend the pre -construction conference. 2. Receive, review and determine the acceptability of any schedules that the Contractor is required to submit to the Engineer, Including progress schedule, schedule of submittals, and schedule of values. 3. Perform all project shop drawing reviews. 4. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe the progress and quality of the Contractor's executed Work. 5. Receive and review questions from the Contractor during the construction phase and review with the City. Based on the City's instruction, prepare a written response back to the Contractor. 6. Receive and review certificates of inspections, tests, and approvals of the Contractor's work required by the Contract Documents. 7. Assist the City with review of monthly pay requests from the Contractor. 8. In company with the City and Contractor, conduct an inspection to determine if the Work is substantially complete. 9. Conduct a final inspection to determine if the completed Work of the Contractor is acceptable so that the Engineer may recommend, in writing, final payment to the Contractor. 10. Prepare the final project closeout documents. 11. Special Services - During construction provide additional construction observation as determined by the Engineer to provide more extensive observation of the Contractor's work to verify that the project is proceeding according to the specifications. �r SCHAUMBURG POLK,„,:. October 9, 2018 Dr. Joseph Majdalani, P.E. Page 3 WASTEWATER TREATMENT PLANT REPAIRS The scope of work will provide for repairs to the plant entrance to prevent future flooding of the recessed parking area on the east side of the main influent lift station. Engineering services to be provided will include: A. .Design Phase After authorization to proceed with the design phase, the Engineer shall perform the following Preliminary Design tasks: 1. Meet with the City to coordinate the work to be performed, and obtain any pertinent information from the City. 2. Evaluate the location and extent of the damage 3. Develop the scope of work and detailed cost for the repairs to prevent future flooding 4. Prepare a summary report and submit to the City for review .by the City staff. After the City has approved the summary report, the Engineer shall perform the following Final Design tasks: 5. Prepare final design criteria, preliminary drawings, outline specifications, written descriptions of the Project, and an updated opinion of probable construction cost, and submit to City for review by the City staff. 6. Prepare final Plans, Specifications and Contract Documents for construction of the Improvements as authorized by the City. 7. Advise City of any adjustments to the opinion of probable construction cost known to Engineer. 8. Submit Plans, Specifications and Contract Documents to City for review by the City staff and to obtain approval to advertise for bids. B. Bidding Phase After authorization to proceed with the bidding phase, the Engineer shall: 1. Assist the City in advertising for and obtaining bids for construction. The City will pay the cost of newspaper notices. 2. Conduct a pre-bid conference with prospective bidders. 3. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. 4. Consult with the City to determine the acceptability of substitute materials and equipment proposed by Contractors) when substitution prior to the award of contracts is allowed by the bidding documents. 5. Attend the bid opening, assist the City in reviewing the bids received, prepare a project Bid Tabulation, and assist the City in assembling and awarding contracts for the Work. C. Construction Phase During the Construction Phase of the project, the Engineer shall: �fd { SCHAUMBURG �;. POLK, , U.: October 9, 2018 Dr. Joseph Majdalani, P.E. Page 4 1. Attend the pre -construction conference. 2. Receive, review and determine the acceptability of any schedules that the Contractor Is required to submit to the Engineer, including progress schedule, schedule of submittals, and schedule of values. 3. Perform all project shop drawing reviews. 4. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe the progress and quality of the Contractor's executed Work. 5. Receive and review questions from the Contractor during the construction phase and review with the City. Based on the City's instruction, prepare a written response back to the Contractor. 6. Receive and review certificates of inspections, tests,, and approvals of the Contractor's work required by the Contract Documents. 7. Assist the City with review of monthly pay requests from the Contractor. 8. In company with the City and Contractor, conduct an inspection to determine if the Work is substantially complete. 9. Conduct a final inspection to determine if the completed Work of the Contractor is acceptable so that the Engineer may recommend, in writing, final payment to the Contractor. 10. Prepare the final project closeout documents. 11. Special Services - During construction provide additional construction observation as determined by the Engineer to provide more extensive observation of the Contractor's work to verify that the project is proceeding according to the specifications. Based on our initial observations we have prepared a Preliminary Opinion of Probable Cost, see attached. We propose the basis of compensation for these Engineering Services as previously described shall be a not -to -exceed amount based on our standard hourly rates -and expenses attached, and shall not exceed $628,500.00 without prior written authorization by the City. Sincerely, SCHAUMBURG & POLK, INC. ff - "4_� Jeffrey G. Beaver, P.E. President Attachments: Preliminary. Opinion of Probable Cost Schedule of Hourly Rates and Expenses SCHAUMBURG C. POLK ,,.i . City of Beaumont Texas Lift Station and Wastewater Treatment Plant Repairs PF0618-24 PRELIMINARY OPINION OF PROBABLE COST Location Recommendation Construction Subtotal Astor LS Elevate wet well and electrical $ 135,000 Bennett LS Elevate wet well and electrical $ 292,000 Carpenter LS Elevate electrical $ 48,000 Charles Street LS Elevate wet well and electrical $ 99,000 Colliers Park LS Replace electrical $ 24,000 Country Club LS Elevate electrical $ 65,000 Fire Training Grounds LS Elevate electrical $ 48,000 Forest Glen LS Elevate electrical $ 42,000 Hillcrest LS Elevate electrical $ 42,000 Holiday LS Elevate electrical $ 54,000 Major Drive LS Elevate electrical $ 60,000 Martin LS Elevate wet well and electrical $ 128,000 Oak Ridge LS Elevate electrical $ 48,000 Pine Haven LS Elevate electrical $ 42,000 Primer LS Reconstruct LS, elevate wet well and electrical $ 1,469,000 Riverfront Park LS Elevate electrical $ 24,000 San Anselmo LS Elevate electrical $ 24,000 Stonetown LS Elevate wet well and electrical $ 271,000 Tram Road LS Elevate electrical $ 4$,000 Tyler LS Construct flood wall $ 171,000 Voth LS Elevate electrical $ 54,000 Walker LS Elevate electrical $ 54,000 WWTP Entrance Driveway Install driveway trench drains $ 24,000 Subtotal $ 3,266,000 ENGINEERING Basic Services Special Services $391,920.00 $236,580.00 Subtotall $628,500.00 $3,894,500.00 ATTACHMENT B 2018 Schedule of Hourly Rates and Expenses 10. SCHAUMBURG 9. POLK, INC. 2018 SCHEDULE OF HOURLY RATES and EXPENSES ENGINEER IX $255.00 /HOUR ENGINEER VIII $215.00 /HOUR ENGINEER VII $195.00 /HOUR ENGINEER VI $175.00 /HOUR ENGINEER V $155.00 /HOUR ENGINEER IV $140.00 /HOUR ENGINEER III $125.00 /HOUR ENGINEER II $110.00 /HOUR ENGINEER I $95.00 /HOUR DESIGN TECHNICIAN IV $125.00 /HOUR DESIGN TECHNICIAN III $105.00 /HOUR DESIGN TECHNICIAN II $85.00 /HOUR DESIGN TECHNICIAN 1 $60.00 /HOUR REGISTERED PROFESSIONAL LAND SURVEYOR $145.00 /HOUR SURVEYOR III $105.00 /HOUR SURVEYOR II $80.00 /HOUR SURVEYOR I $55.00 /HOUR ADMINISTRATIVE ASSISTANT $70.00 /HOUR CONSTRUCTION REPRESENTATIVE III $120.00 /HOUR CONSTRUCTION REPRESENTATIVE Il $100.00 /HOUR CONSTRUCTION REPRESENTATIVE 1 $80.00 /HOUR REIMBURSABLE EXPENSES Mileage IRS Allowable Rate Travel and Meals Actual Cost x 1.10 Misc. Reimbursable Expenses Actual Cost x 1.10 Color Plots $3.00 per Square Foot OUTSIDE CONSULTANT RATES Associate Engineer I Civil, Electrical; Environmental, Mechanical, etc. up to $175.00/HOUR Subconsultants Actual Cost x 1.10 Schaumburg& Polk, Inc. furnishes General Liability Insurance, Professional Liability Insurance and State of Texas mandatory limits of Worker's Compensation Insurance. Preparation.for and furnishing expert witness testimony will be billed atthree times the hourly rates shown above for the various classifications. Rates Effective: January 1, 2018 (adjusted annually)