CCR1983227B
APPROVAL OF ACFEEMENT WITF P,UEKE?.T AND
MIELKE FOR ENGINEERING SERVICES DURING
THE CONSTRUCTION PHASE OF EPA GFJ.N'I
PROJECTS
WHEREAS, the Comon Council previously adopted P.esolution
0185-76 authorizinr the enpineeriny firm. of Ruekert and
Yielke, Inc.. to prepare planninp reports pertainine to the
and Northwest Sewer Districts; and
sewer hterceptor facilities which will serve the Northeast
WHEFIAS, the Comon Council previously adopted Pesolution
$49-82 authorizinF the engi-neerinp. firm of Puekert and
Yielke, Inc. to prepare plans and specifications for the
same facilities, and
WHEFEG, the Engineers have completed said planning reports,
plans and specifications, and
WHEREAS, the City has advertised for, received bids on,
received an EPA Grant for, and awarded contracts for the
construction of said facilities, and
WHEREAS, the Public Sewer Comittee and Finance Comittee
have recornended approval of an Agreement between Ruekert
and Yielke and the City.
THEREFOFE, BE IT I?ESOL.VED that the Common Council of the City
of ,Yuslcego upon the recormendation of the Public Sewer
Comittee and Finance Com.ittee does hereby approve of the
proposed Apreement between the Enyineerinp fin? of F-uekert
and Nielke, Inc , for Engineerinr Services durinp the
Northeast and Woods Road Sewape Pumning Ftations.
construction phase of the Sewer Interceptor, Force Yains and
BE IT FURTHER FXSOLVED that the Fayor and Clerk are
hereby authorized to execute the !.peerrent after approval
by the City P-ttorney,
DP.TED TFIS a. 3 DAY OF Q[?j -# , 1983,
Ald Richard Nilsson
Pld Eupene Gaetzke
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is made on the 23 day of RUGUCJ ,
in. the Year of 1983 by and between the City of Muskeao. Waukesha Countv.
Wiscons'm, hereinafter called the OWNER, and Ruekert 6 Mielke, Inc.,
Professional Engineers, having their office at 419 Frederick Street,
Waukesha, Wisconsin, hereinafter called the ENGINEER. This project is
to consist of the construction phase of the proposed interceptor lift
cility to the Northeast Wastewater Treatment Facility site, and from
stations and force mains from the Northwest Wastewater Treatment Fa-
the Northeast Wastewater Treatment Facility site to the Milwaukee County
line. The project will allow for the abandonment of the Northeast and
Northwest Wastewater Treatment Facilities and will complete a connection
with the Milwaukee Metropolitan Sewerage District sewer system.
SECTION 1 - Basic Services of the Engineer
A. Basic Services
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The Engineer agrees to perform professional services in
connection with the Project, including normal civil,
structural, mechanical and electrical services and
normal architectural services related thereto, as set
forth below and contained within this Agreement.
B. Construction Phase
Construction Contract Documents compiled by the ENGINEER
Upon award of any Construction Contract based upon the
and the ENGINEER shall:
the Construction Phase of this Agreement shall commence
1.
2.
3.
Act as the OWNER'S Representative with duties and
described in the General Conditions to the Construc-
responsibilities and limitations of authority as
tion Contract. The OWNER shall not modify the Con-
struction Contract Documents without the written
consent of the ENGINEER.
Advise and consult with the OWNER during the Con-
OWNER'S authorized instructions to the Contractor.
struction Phase and the ENGINEER shall issue the
Make periodic visits to the site of the construction
to observe the progress and quality of the construc-
tion work and to determine, in general, if the results
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a.
5.
of the conatruction work are in accordance with the
his on-site observations as an ENGINEER, he shall en-
Dravings and the Specifications. On the basis of
deavor to guard the OWNER against apparent defects
and deficiencies in the permanent work constructed
mance of the Contractor. The ENGINEER shall not be
by the Contractor but does not guarantee the perfor-
observations to check the quality or quantity of the
required to make exhaustive or continuous on-site
construction work. The ENGINEER is not responsible
for construction means, methods, techniques, sequences
or procedures, time of performance, programs, or for
any safety precautions in connection with the construc-
tion work. The ENGINEER is not responsible for the
Contractor's failure to execute the work in accordance
with the Construction Contract.
Review the Contractor's request for progress payment
OWNER as to the ENGINEER'S opinion of the extent of
and based upon said on-site observation, advise the
the work completed in accordance with the terms of
the Construction Contract as of the date of the Con-
by the OWNER, a Certificate for Payment in the amount
tractor's payment request and issue, for processing
owed the Contractor. The issuance of Certificates
for Payment shall constitute a declaration by the
ENGINEER to the OWNER, based upon said on-site
observations, review and data accompanying the
progressed to the point indicated; that to the best
request for payment, that the Contractor's work has
of the ENGINEER'S knowledge, information and belief,
with the Construction Contract Documents (subject to
the quality of the Contractor's work is in accordance
subsequent tests and review required by the Construc-
deviations from the Construction Contract Documents
tion Contract Documents, to correction of minor
Payment); and that the Contractor is entitled to the
and to qualifications stated in the Certificate for
amount stated. The issuing of the Certificate for
Payment by the ENGINEER shall not represent that he
made by the contractor of sums paid to the Contractor.
has made any investigation to determine the uses
We recommendations to the OWNER on all claims
relating to the execution and progress of the construc-
tion work. The ENGINER,'S decisions in matters relat-
ing to the ENGINEER'S design shall be final.
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at the request of the CWNER, have recommendations
implemented by the Contractor.
a 7. Review shop drawings, samples, and other submittals
of the Contractor only for general conformance to
compliance with the Construction Contract.
the design concept of the Project and for general
8. Prepare Change Orders for the OWNER'S approval.
9. Conduct a construction progress review related to the
Contractor's date of completion; receive written
guarantees and related data assembled by the Con-
tractor; and issue to the OWNER a Certificate of
Final Payment.
10. The ENGINEER shall not be responsible for the defects
or omissions in the work result of the Contractors,
or any Subcontractors, or any of the Contractor's or
Subcontractor's employees, or that of any other per-
sons or entities responsible for performing any
of the work result as contained in the Construction
Contract.
12. Prepare an operating budget for the first year of
operation of the nev system.
13. Advise the OWHER as to the necessity of obtaining
specialized services and if authorizedby the OWNER,
TO PROCURE SUCH SERVICES.
14. Provide construction staking of the force main, sewer
and lift station, establishing line and grade for the
Contractor's use.
15. Provide up to 200 engineering hours to instruct the
OWNER'S operating personnel and assist in the start-
up and operation.
C. Resident Construction Review Services
The ENGINEER agrees to provide Resident Construction
Review Services to assist the ENGINEER in order to
during the Construction Phase. Such Resident Construction
render more extensive represfntation at the Project site
Review Services shall be paid for by the OWNER according
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authority, duties and responsibilities of a Resident
to Schedule A within this agreement. The limits of the
Project Representative are described below.
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By means of the more extensive on-site observations of
vide further protection for the OWNER against defects
the work in progress, the ENGINEER will endeavor to pro-
and deficiencies in the Contractor's work, but the fur-
nishing of such services shall not include construction
review of the Contractor's construction means, methods,
techniques, sequences or procedures, or of any safety
precautions and programs in connection with the work,
and the ENGINEER shall not be responsible for the Con-
tractor's failure to carry out the work in accordance
with the Construction Contract.
1. The Resident Project Representative shall act under
the direct supervision of the ENGINEER, shall be the
ENGINEER'S agent in all matters relating to on-site
construction review of the Contractor's work, shall
communicate only with the ENGINEER and the Contractor
(or Contractors), and shall communicate with subcon-
tractors only through the Contractor or his authorized
superintendent. The OWNER shall communicate with the
Resident Project Representative only through the
ENGINEER.
2. The Resident Project Representative shall review and
observe on-site construction activities of the
Contractor relating to portions of the Project
designed and specified by the EWGINEER as contained
in the Construction Contract Documents.
3. Specifically omitted from the Resident Project Repre-
sentative's duties are any review of the Contractor's
or procedures required for the Contractor to perform
safety precautions, or the means, methods, sequences,
the work but not relating to the final or completed
project. Omitted design or review services include
but are not limited to shoring, scaffolding, under-
pinning, temporary retainment or excavations and
any erection methods and temporary bracing.
SECTION 2 - Additional services
If authorized in writing by the OWNER, the ENGINEER
agree8 to furnish or obtain frw others, additional pro-
fessional services in connection with the Project, as
set forth below and contained within this Agreement:
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2.
Making drawings from field measurements of existing
or alterations thereto. construction when required for planning additions
Services due to changes in the scope of the Project
or its design, including but not limited to, changes
in size, complexity, schedule or character of con-
struction. e 3.
4.
5.
6.
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7.
8.
9.
10.
Revising studies, reports, design documents, drawings
Or specifications which have previously been approved
by the OWNER, or when such revisions are due to causes
beyond the control Of the ENGINEER.
Preparation of design documents for alternate bids
or for out-of-sequence work requested by the OWNER.
Preparation of detailed renderings, exhibits or
scale models for the Project.
Investigations involving detailed consideration of
operations, maintenance and overhead expenses; the
Preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals and
valuations; detailed quantity surveys of material
and labor; and material audits or inventories re-
quired by the OWNER.
Making a review of the Project prior to expiration
of the guarantee period and reporting observed dis-
crepancies under guarantees provided by the Construc-
tion Contract.
Additional or extended services during construction
made necessary by (1) work damaged by fire or other
work of the Contractor, (3) prolongation of the initial
cause during construction, (2) defective or incomplete
Construction.Contract time beyond the contract time,
vices beyond established office working hours, and
(4) acceleration of the work schedule involving ser-
(5) the Contractor's default under Construction Con-
tract due to delinquency or insolvency.
Providing design services relating to future facilities,
systems and equipment which are not intended to be
constructed or operated as part of the Project-
Providing services as an expert witness for the OWNER
in connection with litigation or other proceedings
involving the Project.
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11. Providing other services not otherwise provided for
in this Agreement, including services normally fur-
nished by the OWNER as described in Section 3, "Owner's Responsibilities'.
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SECTION 3 - Owner's Responsibilities
The OWNER shall:
1.
2.
3.
4.
5.
6.
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7.
8.
Provide to the ENGINEER all criteria, design and con-
OWNER'S requirements for the Project.
struction standards and full information as to the
Designate in writing a person authorized to act as
the OWNER'S representative. The OWNER or his repre-
sentative shall receive and examine documents submitted
by the ENGINEER, interpret and define the OWNER'S
policies and render decisions and authorizations in
writing promptly to prevent unreasonable delay in the
progress of the ENGINEER'S services.
Furnish laboratory tests, air and water pollution
or other items required by law or by governmental
tests, reports and inspections of samples, materials
authorities having jurisdiction over this Project.
Provide legal, accounting, and insurance counseling
services necessary for the Project, legal review of
the Construction Contract Mcuments, and such audit-
ing services as the OWNER may require to account
for expenditures of sums paid to the Contractor.
Furnish permits and approvals from all governmental
authorities having jurisdiction over this Project
and from others as may be necessary €or completion
of the Project.
Furnish above services at the OWNER'S expense and
in such manner that the ENGINEER may rely upon them
in the performance of his services under this
Agreement.
Obtain bids or proposals from contractors for work
relating to this Project and bear all costs relating
thereto.
protect and preserve all survey stakes and markers
placed at the Project site prior to the assumption
of this reponsibility by the Contractor and bear
all costs of replacing stakes or markers damaged or
removed during said time interval.
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9. Guarantee full and free access for the ENGINEER to
enter upon all propertjr required for the performance of the ENGINEER'S services under this Agreement. e 10. Give prompt written notice to the ENGINEER whenever
the OWNER observes or otherwise becomes aware of any
defect in the Project or other event which may sub-
stantially affect the ENGINEER'S performance of ser-
vice under this Agreement.
11. Compensate the ENGINEER for services rendered under
this Agreement.
SECTION 4 - Required Provisions
The ENGINEERS and the OWNER agree that the work to be
performed under this Agreement shall comply with the
provisions of 40 CFR Part 33, Subpart F, and 40 CFR
Part 35, Subpart I - Appendix B, and is hereby made
a part of this Agreement.
SECTION 5 - Payments to the Engineer
In accordance with the terms and conditions of this
Agreement, the ENGINEER shall provide professional ser-
vices as described in Section 1, "Basic Services of the
Engineer", for which the OWNER shall compensate the
ENGINEER as follows:
A. The estimated maximum total of cost items S484,823.00
B. The professional fixed fee of 53,000.00
Total payments to ENGINEER not to exceed $531,823.00
Item A. shall be computed according to Schedule A of
this Agreement.
1. Progress payments shall be made in proportion to
Agreement and shall be due and owing within thirty
services rendered and as indicated within this
days of the ENGINEER'S submittal of his monthly
statement.
2. No deductions shall be made from the ENGINEER'S
compensation on account of penalty, liquidated
damages or other sums withheld from payments to
Contractors. I
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SECTION 6 - Direct Personnel Expense
Costs incurred by the ENGINEER directly attributable to
Direct Personnel Expense is defined as the direct labor
the Project by the payment of the actual salaries and
wages to the employees of the ENGINEER, but not includ-
ing indirect payroll connected costs and other non-Project
related costs. These expenses are all of those included
in Section 5 A. of this Agreement.
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SECTION 7 - Reimbursable Expenses
Reimbursable Expenses are in addition to compensation
and include expenditures made by the ENGINEER, his
to the ENGINEER for basic and additional services
employees or his consultants in the interest of the
Project. Reimbursable Expenses include but are not
limited to:
1.
2.
3.
4.
Expense of transportation, subsistence and lodging
when traveling in connection with the Project.
Expense of long distance or toll telephone calls,
and fees paid for securing approval of authorities
telegrams, messenger service, field office expenses,
having jurisdiction over the Project.
Expense of all reproduction, postage and handling of
Drawings, Specifications, reports or other Project-
related work product of the ENGINEER.
When authorized in advance by the OWNER, expense of
overtime work requiring higher than normal rates,
or models.
and expense of preparing perspectives, renderings
SECTION 8 - Timetable
The following is a timetable for completion of major
items by the Engineer as part of this Agreement.
1. Submittal of final plan of operation - 60 days.
2. Submittal of the draft operation and maintenance
manual - 150 days.
3. Submittal of the final operation and maintenance
manual - 250 days.
4. Operator training including safety - 350 days.
5. Revise user service charge - 300 days.
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6. Preparation of operating budget - 300 days.
7. Review of first years operation including update
of safety record, and update of employee training - of the operation and maintenance manual, review
700 days.
SECTION 9 - Affirmative Action
As part of this contract, the ENGINEER recognizes
its responsibility for utilization of small, minority
and women's businesses whenever possible. Accordingly,
the following steps will be taken by the ENGINEER:
1.
2.
3.
4.
5.
6.
Including qualified small, minority and women's
businesses on solicitation lists.
Assuring that small, minority, and womens
businesses are solicited whenever they are
potential sources.
Dividing total requirements, when economically
feasible, into small tasks or quantities to permit
maximum participation of small, minority, and
women's businesses.
quirements of the work permit, which will en-
Establishing delivery schedules, where the re-
courage participation by small, minority and
women's businesses.
Using the services and assistance of the Small
Business Administration and the Office of Minority
Business Enterprise of the U.S. Department of
Commerce.
Requiring each party to a subcontract to take
the affirmative steps in paragraphs 1. through
5. of this section.
SECTION 10 - General Provisions
1. Ownership of Documents
All Drawings, Specifications and other work product
of the ENGINEER for this Project are instruments of
property of the ENGINEER whether the Project is com-
service for this Project only and shall remain the
pleted or not. Reuse of any of the instruments of
of this Project or on any other project without the
service of the ENGINEER by the OWNER on extensions
written permission of the ENGINEER shall be at the
OWNER'S risk and the OWNER agrees to defend, indem-
nify and hold harmless the ENGINEER from all Claims,
es aris-
e /. 2.
3.
4.
5.
6.
ingtruments of service by the OWNER OR BY OTHERS
ACTING THROUGH THE OWNER. Any reuse or adaptation
of the ENGINEER'S instruments of service occurring
entitle the ENGINEER to further Compensation in
after the written agreement of the ENGINEER shall
ENGINEER.
amounts to be agreed upon by the OWNER and the
Delegation of Duties
Neither the OWNER nor the ENGINEER shall delegate
his duties under this Agreement without the written
consent of the other.
Termination
This Agreement may be terminated by either party by
seven days written notice in the event of substantial
failure to perform in accordance with the terms of
this Agreement by the other party through no fault
of the terminating party. Sf this Agreement is ter-
minated by the ENGINEER, the ENGINEER shall be paid
for services performed to the termination notice date
including Reimbursable Expenses due plus Termination
Expenses. Termination Expenses are defined as Reim-
bursable Expenses directly attributable to termination,
plus 15% of the total compensation earned to the time
Of termination to account for ENGINEER'S rescheduling
adjustments, reassignment of personnel and related
Costs incurred due to termination.
Extent of Agreement
This Agreement represents the entire and integrated
agreement between the OWNER and the ENGINEER and
or agreements, either written or oral. This Agree-
supercedes all prior negotiations, representations
ment may be amended only by written instrument signed
by both the OWNER and the ENGINEER.
Governing Law
Unless otherwise specified within this Agreement,
this Agreement shall be governed by the law of the
principal place of business of the ENGINEER.
General
A. Should litigation or' arbitration occur between
the two parties relating to the ptoviBions Of
this Agreement, all litigation or arbitration
expenses, collection expenses, witness fees,
court costs and attorneys' fees incurred by the
prevailing party shall be paid by the non-
prevailing party to the prevailing party.
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B. Neither party shall hold the other responsible
for damages or delay in performance caused by
acts of God, strikes, lockouts, accidents, or
other events beyond the control of the other
or the other's employees and agents.
C. In the event any provisions of this Agreement
shall be held to be invalid and unenforceable,
the remaining provisions shall be valid and binding
upon the parties. One or more waivers by either
party of any provision, term, condition or covenant
shall not be construed by the other party as a
waiver of a subsequent breach of the same by the
other party.
D. The ENGINEER has not been retained or compensated
to provide design.and construction review services
relating to the Contractor's safety precautions
or to means, methods, techniques, sequences, or
procedures required for the Contractor to perform
his work but not relating to the final or completed
structure; omitted services include but are not
limited to shoring, scaffolding, underpinning,
temporary retainment of excavations and any erec-
tion methods and temporary bracing.
E. The ENGINEER intends to render his services under
cepted professional practices for the intended
this Agreement in accordance with generally ac-
use of the Project and makes no warranty either
express or implied.
F. Any Opinion of the Construction Cost prepared by
the ENGINEER represents his judgment as a design
professional and is supplied for the general
guidance of the OiJNER. Since the ENGINEER has no
control over the cost of labor and material, or
over competitive bidding or market conditions, the
ENGINEER'does not guarantee the accuracy of such
Opinions as compared to Contractor bids or actual
cost to the OWNER.
SECTION 11 -Special Provisions
1. Engineer's Insurance
The ENGINEER shall acquire and maintain statutory
workmen's compensation insurance coverage, employer's
liability, comprehensive general liability insurance
coverage and professional liability insurance coverage.
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2. Contractor'm Insurance
Prior to the conmencement of the work, the OWNER shall
require the Contractor and any Subcontractors to sub-
mit evidence that he (they) have obtained for the
period of the Construction Contract and the guarantee
period comprehensive general liability insurance
coverage (including completed operations coverage).
This coverage shall provide for bodily injury and
property damage arising directly or indirectly out
work under the Construction Contract, and have a of, or in connection with, the performance of the
limit of not less than $1,000,000 for all damages
arising out ofbodily injury, sickness or death of
one person and an aggregate of $1,000,000 for damages
arising out of bodily injury, sickness and death
of two or more persons in any one occurrence. The
property damage portion will provide for a limit of
not less than $500,000 for all damages arising out
of injury to or destruction of property of others
arising directly or indirectly out of or in connec-
tion with the performance of the work under the
Construction Contract and in any one occurrence in-
cluding explosion, collapse and underground exposures.
sufficiently broad to insure the provision of Section
Included in such coverage will be contractual coverage
era1 liability insurance will include as additional
9, paragraph 4., "Indemnity'. The comprehensive gen-
named insureds: the OWNER; the ENGINEER; and each
of their officers, agents and employees.
3. Builders Risk "All Risk' Insurance
Before commencement of the work, the Owner will re-
quire that the Contractor and any Subcontractors
submit written evidence that he (they) have obtained
for the period of the Construction Contract, Builders
Risk -All Risk- Completed Value Insurance Coverage
(including earthquake and flood) upon the entire
Project which is the subject of the Construction
Contract. Such insurance shall include as additional
named insureds: the OWNER; the ENGINEER; and each
of their officers, agents, employees and any other
persons with an insurable interest as may be designated
by the OWNER.
Such insurance may have a deductible clause but not
to exceed $5,000, except,'that the earthquake deducti-
ble may be in accordance with generally accepted
insurance practices in the locale where the coverage
is issued.
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4. Indemnity
The OWNER will require that any Contractor or Sub-
contractors performing work in connection with Draw-
to hold harmless, indemnify and defend, the OWNER and
ings and Specifications produced under this Agreement
the ENGINEER, their consultants, and each of their
officers, agents, and employees frcnn any and all
alleged to arise from the Contractor's (or Subcontrac-
liability claims, losses or damage arising out of or
tor's negligence in the performance of the work de-
scribed in the Construction Contract Documents, but
not including liability that may be due to the sole
negligence of the OWNER, the ENGINEER, their con-
sultants or their officers, agents and employees.
this Agreement the day and year first above written.
IN WITNESS WHEREOF, the parties hereto have made and executed
RUEKERT L MIELKE, INC. a By :
William J. Mihke I Senior Vice bresident
/&d
ohn H. Mielke hn H. Mielke
uresident
I CITY OF MUSKEGO
a APPROVED AS TO POW:
Donald S. Molter, City Attorney
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SCHEDULE A
BASIS OF COMPENSATION
1.
B 2.
3.
4.
5.
e DEFINITION OF COST ITEMS
Accountiig 8.20
Direct costs shall be based on payment for employee's
be computed at the employee's actual hourly rate, the
time expended in connection with the Project and shall
Indirect labor costs shall be based on 47.15% of the
average hourly rates are shown in Schedule 1.
direct costs as computed in Item 1 above.
General and administrative costs shall be based on
Reimbursement for direct expenses other than above,
82.75% of the direct costs as computed in Item 1 above.
curred in connection with the Project.
including but not limited to the following costs in-
A. Transportation charged at 0.25 per mile
B. Fees paid for securing approval of authorities
having jurisdiction over the Project.
C. Expense of reproduction of plans and specifica-
tions or other Project-related work products of
the engineer.
D. Computer charged at $20.00/Hour.
Reimbursement for specialized services of outside
consultants as authorized by the Owner.
SCHEDULE 1.
Job Classification Average 1983 Hourly Rate
Engineer Grade 6
Engineer Grade 5
Engineer Grade 4
Engineer Grade 3
Engineer Grade 2
Senior Engineer Technician
Junior Engineer Technician
Senior Draftsman
Inspector
Junior Draftsman
Crew Chief
2-PLan Crew
3-Man Crew
Secretarv
19.93
18.06
14.26
13.48
13.23
13.40
10.26
8.50
7.96
8.51
10.22
23.05
16.59
6.59
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