Loading...
CCR2003273COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #273-2003 r APPROVAL OF REVISED AGREEMENT BETWEEN THE CITY OF MUSKEGO AND RUEKERT & MIELKE, INC. FOR ENGINEERING SERVICES WHEREAS, The City of Muskego entered into an Agreement for Professional Services with Ruekert & Mielke, Inc. in December of 2001; and WHEREAS, The Engineering/Building Inspection Director has proposed that the City enter into a new Agreement with Ruekert & Mielke, Inc. to provide general engineering services, which would supersede the existing Agreement; and WHEREAS, The Finance Committee has reviewed the attached Agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the revised Agreement between the City of Muskego and Ruekert & Mielke, Inc., to provide professional services. -- BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby authorized to execute the Agreement in the name of the City. DATED THIS 9th OF December ,2003. SPONSORED BY: FINANCE COMMITTEE Ald. Rick Pettalski Ald. Nancy C. Salentine Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #273-2003 which was adopted by the Common Council of the City of Muskego. r ~!rS Jr\~ 1212003jmb AGREEMENT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of ,2003 between the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter referred to as the OWNER, and Ruekert & Mielke, Inc. W233 N2080 Ridgeview Parkway, Waukesha, WI 53188, hereinafter referred to as the ENGINEER. OWNER intends to engage the services of the ENGINEER to provide general professional services, for those projects on which the OWNER desires the ENGINEER'S services, on an as-needed basis in conjunction with the OWNER'S project. Nothing in this agreement shall be construed as an obligation to engage the ENGINEER on any specific project and the OWNER specifically reserves the right to engage a different engineering firm on any particular project or for any particular service at the OWNER'S sole discretion. OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional engineering services by ENGINEER and the payment for services by OWNER as set forth below. SECTION 1 - BASIC SERVICES OF ENGINEER 1.1 GENERAL ~ 1.1.1. ENGINEER shall provide OWNER professional services in all phases of a particular project to which this Agreement applies. These services will include serving as OWNER'S professional consultant and advisor and furnishing customary civil, structural, mechanical, electrical engineering, municipal planning, zoning, financial analysis, surveying, GIS data mapping, 3-D visualization, hydrogeology and SCADA services. Depending upon the specific project and the specific requirements of the OWNER, the services to be provided may include any or all of the following phases, as authorized in writing by the OWNER. 1.2 STUDY AND REPORT PHASE After written authorization to proceed ENGINEER shall: 1.2.1. Consult with OWNER to clarify and define OWNER'S requirements for the Project and review available data. 1.2.2. Advise OWNER as to the necessity of OWNER'S providing or obtaining from others data or services of the types described in paragraph 3.3, and assist OWNER in obtaining such data and services. 1.2.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. Page] C:\Documents and Senings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 215/2003 r- 1.2.4. Provide analyses of OWNER'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 1.2.5. Provide a general economic analysis of OWNER'S requirements applicable to various alternatives. 1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction) and the alternative solutions available to OWNER and setting forth ENGINEER'S findings and recommendations. This report will be separately itemized: Construction Cost, allowance for engineering costs and contingencies and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights- of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for OWNER pursuant to paragraphs 3.7 through 3.11 inclusive. The total of all such costs, allowances, etc. are hereinafter called "Total Project Costs". 1.2.7. Furnish five copies of the Study and Report documents and review with OWNER. r 1.3 PRELIMINARY DESIGN PHASE. After written authorization to proceed with the Preliminary Design Phase, ENGINEER SHALL: 1.3.1 In consultation with OWNER and on the basis of the accepted Study and Report documents, determine the general scope, extent and character of the Project. 1.3.2 Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 1.3.3 Advise OWNER if any additional data or services of the types described in paragraph 3.4 are necessary and assist OWNER in obtaining such data and servIces 1.3.4 Based on the information contained in the preliminary design documents, submit a revised opinion of probable Total Project Costs. 1.3.5 Furnish five copies of the above Preliminary Design documents and review them with OWNER. r Page 2 C:\Docurnents and SeUings\jrnb\Local Seuings\Ternporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 2/5/2003 1.4 FINAL DESIGN PHASE r- After written authorization to proceed with the Final Design Phase, ENGINEER shall: 1.4.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs prepare for incorporation in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor( s) (hereinafter called "Drawings") and Specifications. 1.4.2. Provide technical criteria, written descriptions and design data for OWNER'S use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in consultations with appropriate authorities. 1.4.3. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. -- 1.4.4. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders and assist in the preparation of other related documents. 1.4.5. Furnish five copies of the above documents and of the Drawings and Specifications to OWNER. 1.5 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 1.5.1 Assist OWNER in advertising for and obtaining bids or negotiating proposals for each separate prime contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 1.5.2 Issue agenda as appropriate to interpret, clarify or expand the Bidding Documents. r Page 3 C:\Documents and Settings\jmb\l..ocal Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 21512003 1.5.3 Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. ,- 1.5.4 Consult with OWNER concerning and 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. 1.5.5 Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 1.6 CONSTRUCTION PHASE. After the written authorization to proceed with the Construction Phase, 1.6.1. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in Articles 1 through 16, inclusive, of the General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said General Conditions shall not be modified except as OWNER and ENGINEER otherwise agree in writing. ("' 1.6.2. In connection with observations of the work of Contractor(s) while it is in progress: 1.6.2.1. ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as OWNER and ENGINEER agree are necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s) work. If authorized in writing by the OWNER, ENGINEER shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist ENGINEER and to provide more continuous observation of such work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. 1.6.2.2. The Resident Project Representative (and any assistants) will be ENGINEER'S agent or employee under ENGINEER'S supervision. The duties and responsibilities of the Resident Project Representative (and assistants) are set forth in Exhibit A "Duties, Responsibilities and Limitation of Authority of Resident Project Representative". r Page 4 C:\Docurnents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 215/2003 1.6.2.3.The purpose of ENGINEER'S visit to and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER'S efforts as an experienced and qualified design professional, to provide for OWNER greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract documents has been implemented and preserved by Contractor(s). On the other hand, ENGINEER shall not, during such visits or as a result of such observations of Contractor(s) work in progress, supervise, direct or have control over Contractor(s)' work. ENGINEER shall not have authority over or responsibility or the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. ,.-- 1.6.3. During such visits and on the basis of such observations, ENGINEER may disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 1.6.4 ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 1.6.5 ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General conditions), samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and program incident thereto. ,-- 1.6.6 ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s), but subject to the provision of paragraph 2.2.2. Page 5 C:\Docurnents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 215/2003 1.6.7 ENGINEER, as OWNER'S representative, shall have the authority after written authorization by OWNER to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders of the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 1.6.8 ENGINEER shall act as initial interpreter of the requirements of the Contract Documents and judge the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. 1.6.9 Based on ENGINEER'S on-site observation as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedule. - 1.6.9.1 ENGINEER shall determine the amounts owing to Contractor(s) and recommend, in writing, payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of ENGINEER'S knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), In the case of unit price work, ENGINEER'S recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). .- 1.6.9.2 By recommending any payment ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. ENGINEER'S review of Contractor(s)' work for the purposes of recommending payments will not impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto to Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the means paid on account of the Contract Price, or to Page 6 C:\Documents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullenl2lSI2003 determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances or that there may not be other matters at issue between OWNER and CONTRACTOR that might affect the amount that should be paid. 1.6.10 ENGINEER shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals the results certified indicate compliance with, the Contract Documents); and shall transmit them to OWNER with written comments. 1.6.11 ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may recommend in writing, final payment to Contractor(s) and may give written notice to OWNER and the contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph 1.6.9.2. - 1.6.12. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGINEER'S own employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in paragraphs 1.6.1 thru 1.6.11 inclusive, shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. SECTION 2 - ADDITIONAL SERVICES OF ENGINEER 2.1 GENERAL If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraphs 2.1.1 through 2.1.13, inclusive. These will be paid for by OWNER as indicated in Section 5. 2.1.1. Preparation of applications and supporting documents (in addition to those furnished under Basic Service) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project. ,,-- I Page 7 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 215/2003 ,- 2.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 2.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond ENGINEER'S control. 2.1.4. Providing renderings or models for OWNER'S use. 2.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 2.1.6. ~ 2.1.7. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. Furnishing services of independent professional associates and consultants for other than Basic Services and providing data or services of the types described in paragraph 3.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. 2.1.8. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER'S office as required by Section 1. 2.1.9. Assistance in connection with bid protests, re-bidding or renegotiating contracts for construction, materials, equipment or services, except when such assistance is required to complete services called for in paragraph 6.2.2.5. 2.1.10. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work; and providing other special field surveys. r Page 8 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullenl2lSI2003 ..--- 2.1.11. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project. 2.1.12. Additional services in connection with the Project, including services that are to be furnished by OWNER in accordance with Article 3, and services not otherwise provided for in this Agreement. 2.2 REQUIRED ADDITIONAL SERVICES. When required by the Contract Documents in circumstances beyond ENGINEER'S control, ENGINEER shall furnish or obtain from others, as circumstances require during construction upon specific authorization from OWNER, Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6. OWNER shall approve such additional services promptly prior to ENGINEER starting any such Additional Services that will be paid for by OWNER as indicated in Section 5. 2.2.1. Services in connection with work directive changes and change orders to reflect changes requested by OWNER. 2.2.2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s); and services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. - 2.2.3. Service resulting from significant delays, changes or price increases occurring as a direct or indirect result of materials, equipment or energy shortages. 2.2.4. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor. 2.2.5. Services in connection with any partial utilization of any part of the Project by OWNER prior to Substantial Completion. 2.2.6. Evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. ".- ! Page 9 C:\Docurnents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\200] General Services.doc Sean E. McMullenI2lSI200] -- SECTION 3 - OWNERS RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1. 3.2. 3.3. 3.4. Designate in writing a person to act as OWNER'S representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to ENGINEER'S services. Provide all criteria and full information as to OWNER'S requirements for each project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. Assist ENGINEER by placing at ENGINEER'S disposal all available information pertinent to each project including previous reports and any other data relative to design or construction of the Project. Furnish to ENGINEER, as required for performance of ENGINEER'S Basic Services the following: 3.4.1. Data prepared by or services of others, including without limitation borings, probings, and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; --- 3.4.2. Appropriate professional interpretations of all of the foregoing; 3.4.3. Environmental assessment and impact statements; 3.4.4. Property, boundary, easement, right-of-way, topographic and utility surveys; 3.4.5. Property descriptions; 3.4.6. Zoning, deed and other land use restriction; and 3.4.7 Other special data or consultations not covered in Section 2; all of which ENGINEER may use and rely upon in performing services under this Agreement. 3.4.8. Nothing in this section shall be construed as an affirmative duty to obtain, generate or otherwise create information not in the OWNER'S possession. If the information enumerated in this section is not in the OWNER'S possession or otherwise available to the OWNER, then the OWNER shall have no responsibility to provide said information to the ENGINEER. Page 10 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2oo3 General Services.doc Sean E. McMullen 121512003 --- 3.5. 3.6. 3.7. 3.8. --- 3.9 3.10. 3.11. 3.12. --- Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. Furnish approvals and permits from all governmental authorities having jurisdiction over each project and such approvals and consents from others as may be necessary for completion of each project. Provide such accounting, independent cost estimating and insurance counseling services as may be required for a project such legal services as OWNER may require with regard to legal issues pertaining to a project including any that may be raised by Contractor(s), such auditing services as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or other applicable to their furnishing and performing the work. If OWNER designates a person to represent OWNER at the site who is not ENGINEER or ENGINEER'S agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on duties and responsibilities of ENGINEER and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin. If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. Make its best effort to give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope of timing of ENGINEER'S services, or any defect or non-conformance in the work of any Contractor. The purpose of this section is to encourage communication between the parties and shall not be construed as an absolute duty Page 11 C:\Documents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen 1215/2003 -- upon the OWNER to communicate, nor shall this section be construed as a source of liability for the OWNER for failure to communicate. 3.13. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.14. Bear all costs incident to compliance with requirements of this Section 3. SECTION 4 - PERIODS OF SERVICE 4.1. The provisions of this Section 4 and the various rates of compensation for ENGINEER'S services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of a project through completion of the Construction Phase. ENGINEER'S obligation to render services hereunder will extend for a period that may reasonably be required for the design, award of contracts, construction and initial operation of a project including extra work and required extensions thereto. Nothing in this section shall be construed as limiting or otherwise altering the rights of either party to terminate this agreement as provide elsewhere in the terms of this agreement. SECTION 5 - PAYMENTS TO ENGINEER 5.1 METHODS OF PAYMENTS FOR SERVICES AND EXPENSES OF ENGINEER. -- 5.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Section 1 as follows: 5. 1. 1. LAn amount equal to ENGINEER'S hourly rates in affect at the time Basic Services are rendered for all Basic Services rendered by principals and employees engaged directly on the Project. Said rates shall be reviewed and approved by OWNER on an annual basis for each classification of principals and employees providing services. 5. 1. 1.2.Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Basic Services, the amount billed to ENGINEER. 5.1.2. Additional Services. OWNER shall pay ENGINEER for Additional Services rendered under Section 2 as follows: 5.1.2.1. General. For Additional Services of ENGINEER'S principals and employees engaged directly on the Project and rendered pursuant to paragraph 2.1 or 2.2 (except services as a consultant or witness under paragraph 2.1.12), on the basis of ENGINEER'S hourly rates in affect at the time Basic Services are rendered. ~ Page 12 C:\Documents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullenl2/5/2003 -- 5.1.2.2. Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER and approved by OWNER to render Additional Services pursuant to paragraph 2.1 or 2.2. 5.1.2.3. Serving as a Witness. For services rendered by ENGINEER'S principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding in accordance with paragraph 2.1.11 at the rate of 125 percent of the normal hourly rates in affect at the time (compensation for time spent in preparing to appear in any such litigation, arbitration or proceeding will be on the basis provided in paragraph 5.1.2.1). Compensation for ENGINEER'S independent professional associates and consultants will be on the basis provided in paragraph 5.1.2.2. 5.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1.1 and 5.1.2, OWNER shall pay ENGINEER the actual costs (except where specifically provided otherwise) of all Reimbursable Expenses incurred in connection with all Basic and Additional Services. Said reimbursable expenses shall be agreed upon in the included rate schedule and in accordance with paragraph 5.1.1.1. 5.1.4. The term "Reimbursable Expenses" has the meaning assigned to it in paragraph 5.4. r 5.2.1 TIMES OF PAYMENT 5.2.1. ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. OWNER shall make prompt monthly payments in response to ENGINEER'S monthly statements. 5.3 OTHER PROVISIONS CONCERNING PAYMENTS. 5.3.1. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER'S statement therefore, the amounts due ENGINEER will be increased at the rate of 1 % per month from said thirtieth day, and, in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. This section shall not apply in the event of a bonafide dispute as to charges for services or expenses. ,-.. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payments for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of Page 13 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullenl21512003 -- 5.3.3. 5.4. 5.4.1. .- 6.1. independent professional associates and consultants employed by ENGINEER to render Basic Services, to that date and paid for services rendered during that phase on the basis of ENGINEER'S current hourly rates for services rendered during that phase to date of termination by ENGINEER'S principals and employees engaged directly on the Project. In the event of any such termination, ENGINEER will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses if those services and expenses have been incurred before termination. Records of ENGINEER'S time and reimbursable expenses pertinent to ENGINEER'S compensation under this Agreement will be kept in accordance with generally accepted accounting practices. ENGINEER shall furnish to OWNER copies of labor and expenses summaries pertaining to each individual project at no cost to OWNER with payment requests as listed in paragraph 5.2.1 for ENGINEER'S services. DEFINITIONS Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER'S independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items in addition to those required under Section I; and, if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, if authorized in advance by OWNER, Reimbursable Expenses will also include expenses incurred for computer time and other highly specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST CONSTRUCTION COST The construction cost of a particular project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire project designed and specified by ENGINEER, but it will not include ENGINEER'S compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3.7 through 3.11, inclusive. ( Page 14 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen 12/512003 6.2. OPINIONS OF COST ,- 6.2.1. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER'S experience and qualifications and represent ENGINEER'S best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in paragraph 3.9. 6.2.2. If a Construction Cost limit is established by written agreement between OWNER and ENGINEER and specifically set forth in this Agreement as a condition thereto, the following will apply: 6.2.2.1. The acceptance by OWNER at any time during the Basic Services of a revised opinion of probable Total Project or Construction Costs in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. .- 6.2.2.2. Any construction cost limit so established will include a contingency of ten percent unless amount is agreed upon in writing. 6.2.2.3. ENGINEER will be permitted to determine what types of materials, equipment and component systems are to be included in the Drawings and Specifications and to make a reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost limit. 6.2.2.4. If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction cost limit will not be binding on ENGINEER, and OWNER shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. SECTION 7 - GENERAL CONSIDERATION 7.1 TERMINA TION. The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. ,- Page 15 C:\Docurnents and Settings\jrnb\Loca! Settings\Ternporary Internet Files\OLK8\2003 Genera! Services. doc Sean E. McMullenl2/512003 7.2 REUSE OF DOCUMENTS .-- Upon completion of each phase of the project or termination of this Agreement, all original documents, including a CD-Rom copy of computer-aided design system map and plan files when this method of plan and plat development are used, shall be delivered in OWNER'S appropriate digital format to and become the property of the OWNER. Consultant shall retain an ownership and property interest therein including the right of reuse. Unique work products developed as part of this work may only be reused with the owners written permission. These notes, studies, reports, estimates, specifications, plans, etc. may be used without restriction for any public purpose. Any such public use, other than for the subject PROJECT, shall be at the risk of the OWNER and shall not constitute any liability on the ENGINEER. 7.3 INSURANCE 7.3.1. ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. The Engineer shall also maintain a minimum $1,000,000 professional liability insurance policy. 7.4 CONTROLLING LAW. ,r- This Agreement is to be governed by the law of the State of Wisconsin. 7.5 SUCCESSORS AND ASSIGNS. 7.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives OF OWNER and engineer (and to the extent permitted by paragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to his Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.5.2. Neither OWNER nor ENGINEER shall assign, subject 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, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. ( Page 16 C:\Documents and Settings\jmb\LocaI Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 21512003 7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.6 DISPUTE RESOLUTION. 7.6.1. OWNER and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to exercising their rights under this section. 7.6.2. OWNER and ENGINEER agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in questions between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation. 7.6.3. If either party alleges a dispute or controversy with the other party arising out of or relating to this Agreement, then either party shall have the right to demand non-binding mediation within twenty (20) days after the complaining party has provided the other party with written notice describing the dispute and the complaining party's position with reference to the resolution of the dispute. 7.6.4. All mediation hearings shall take place exclusively in the Greater Metropolitan Milwaukee Area in the State of Wisconsin and shall be held within thirty (30) days after the mediator has been appointed. If the OWNER and CONSULTANT have not agreed upon a mediator within ten (10) days of the request for mediation, the parties shall jointly request the Chief Judge for the Circuit Courts ofWaukesha County, Wisconsin, to appoint a mediator who shall, if reasonably available in the sole judgement of the appointing Judge, be a retired or former Circuit Court Judge for Waukesha County or Milwaukee County. 7.6.5. The mediation hearing shall be informal and the mediator shall have the right to hear and review all testimony and evidence presented by either party. The mediator shall fix his or her own reasonable compensation and shall assess the cost and charges of the mediation to either or both of the parties as the mediator shall determine to be fair and reasonable. The mediator shall also be authorized, in his or her sole discretion, to award to the party whose contention is upheld, any sums as he or she may deem proper for the time, expense, and trouble incident to the mediation. The mediator shall issue a written finding which shall state how he or she proposes to resolve the dispute between the parties. The mediator's decision shall be rendered within thirty (30) days after the completion of the mediation hearings. The mediator's decision shall not be binding on either party; however, neither party shall have the right to commence any legal proceedings against the other party until the dispute has been mediated and the mediator has issued his or her written findings. .-. 7.6.6. No work related to this Agreement shall be interrupted or delayed during any mediation proceeding except upon written agreement of both parties. Page 17 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullenl215/2003 7.6.7 The mediator shall not be a witness in any legal proceedings related to this Agreement nor shall the decision of the mediator be used as evidence or referred to in any legal proceedings related to this Agreement. SECTION 8 - SEPCIAL PROVISIONS. EXHIBITS AND SCHEDULES. 8.1 This Agreement is subject to the following special provisions. 8.1.1. Nothing in this Agreement shall prevent ENGINEER and OWNER from entering into a separate Agreement for a particular project. 8.1.3. The following Exhibits are attached to and made a part of this Agreement: 8. 1.3. 1.Exhibit A "Duties, Responsibilities and Limitations of Authority of Resident Project Representative" consisting of four pages. 8.1.3.2.Exhibit B "2003 Current Rate Schedule". 8.1.4. Both parties acknowledge that all actions of the ENGINEER pursuant to the terms of this agreement shall be as an independent contractor and not as an agent or employee of the OWNER. Nothing in this agreement shall be construed so as to create an agency or employer/employee relationship between the OWNER and the ENGINEER. r 8.2. This Agreement (consisting of pages_to_, inclusive) together with the Exhibits and schedules identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibits and schedules may only be amended, supplemented, modified or canceled by a duly executed written instrument. r Page] 8 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 2/512003 ".--. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: CITY OF MUSKEGO ENGINEER: RUEKERT & MIELKE By: By: Mark A. Slocomb, Mayor By: Jean K. Marenda, Clerkffreasurer Address for notices: W182 S82oo Racine Ave. Muskego, WI 53150 Address for notices: W233 N2080 Ridgeview Parkway Waukesha, WI 53188 In Accordance with Section 3.1 OWNER designates the following representative. Designated Representative: Name: Michael F. Campbell ,- Designated Representative: Name: Sean E. McMullen P.O. Box 749 Muske20. WI 53150 Title: Chief Operatin2 Officer Address W233 N2080 Rid2eview Parkway Waukesha. WI 53188 Title: Director of En2ineerin2lBuildin2 Address: W182 S8200 Racine A venue Phone: 262-679-5686 Facsimile: 262-679-5614 Phone:262-542-5733 Facsimile:262-542-5631 r I Page 19 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services,doc Sean E McMullen 1 21512003 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, DATED , 2003. A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made on ,2003, between the City of Muskego and Ruekert & Mielke, Inc., (OWNER) and (ENGINEER) providing for professional engineering services If authorized in writing by the OWNER, ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. - Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection or OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in paragraph 1.6 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER'S agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. GENERAL RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR'S actions. RPR'S dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR'S dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. DUTIES AND RESPONSIBILITIES OF RPR 1. Schedules: review of progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. r- : Page 20 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen 1 215/2003 2. Conferences and Meetings: Attend meetings with CONTRACTOR and consult with CONTRACTOR, such as Preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. - 3. Liaison: a. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be covered for observation, or requires special testing, inspection or approval. - c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. .~ Page 21 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services. doc Sean E. McMullenl21512003 5. Review of Work, Rejection of Defective Work, Inspections and Tests: - a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the contract documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER or Work that RPR believes should be corrected or rejected or should be covered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. - d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR'S recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract ENGINEER'S clarifications an interpretations of the Contract Documents, progress reports, and other Project related documents. ( Page 22 C:\Docurnents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullen I 21512003 b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: a. Furnish ENGINEER periodic report as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. - c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER, Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance an operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: r Page 23 C:\Documents and Settings\jrnb\Local Settings\Ternporary Internet Files\OLK8\2003 General Services. doc Sean E. McMullenl21512003 ,,- c. ~ r a. Before ENGINEER issues a Certificate of Substantial b. Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. c. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. d. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. LIMITATIONS OF AUTHORITY Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawings or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections Conducted by others except as specifically authorized by ENGINEER. Page 24 C:\Documents and Settings\jmb\LocàI Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullenl2l512003 /- 2004 RATE SCHEDULE .-- Engineer 9 Engineer 8 Engineer 7 Engineer 6 Engineer 5 Engineer 4 Engineer 3 Engineer 2 Engineer 1 Senior Geoscientist Geoscientist Hydrogeologist 2 Hydrogeologist 1 Technology Services Manager Engineer Technician 4 Engineer Technician 3 Engineer Technician 2 Engineer Technician 1 Planner 3 Planner 2 Landscape Architect 1 Registered Land Surveyor Crew Chief 2 Crew Chief 1 Surveying Technician 3 Surveying Technician 2 Surveying Technician 1 Construction Review Manager Construction Review Technician 4 Construction Review Technician 3 Construction Review Technician 2 Construction Review Technician 1 Technical Assistant Administrative Assistant 5 Administrative Assistant 4 Administrative Assistant 3 Administrative Assistant 2 Administrative Assistant 1 Project Assistant Accounting Accounting Clerical Rate Per Hour 146.00 123.00 114.00 105.00 96.00 85.00 75.00 65.00 59.00 128.00 115.00 85.00 64.00 107.00 72.00 66.00 59.00 51.00 93.00 75.00 75.00 77.00 72.00 65.00 52.00 47.00 42.00 79.00 60.00 52.00 50.00 47.00 60.00 44.00 42.00 38.00 36.00 34.00 34.00 113.00 38.00 REIMBURSABLE EXPENSES For Engineers and Technicians For Construction Review Technicians For Survey Crews .375 /mile .45 /mile .50 /mile r- Page 25 C:\Documents and Settings\jmb\Local Settings\Temporary Internet Files\OLK8\2003 General Services.doc Sean E. McMullenl2lSI2003