CCR2001126COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #126-2001
APPROVAL OF AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND
R. A. SMITH AND ASSOCIATES, INC. FOR
2001 ROAD PROGRAM
PROFESSIONAL ENGINEERING SERVICES -
WHEREAS, It is the desire of the City to retain R. A. Smith and Associates, Inc. for
professional engineering services related to the construction phase of the 2001 Road
Program; and
WHEREAS, The Finance committee has reviewed the 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 Agreement between the City of Muskego and R. A. Smith and Associates, Inc. to
provide professional engineering services related to the construction phase of the
2001 Road Program.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby
authorized to execute the aareement in the name of the City. -
DATED THIS 26th OF June ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #126-2001 which
was adopted by the Common Council of the City of Muskego.
6/2001jmb
AGREEMENT FOR PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of , 2001 between
the City of Muskego, hereinafter referred to as the OWNER, and R.A. Smith and
Associates Inc., hereinafter referred to as the ENGINEER. OWNER intends to engage
the services of the ENGINEER to provide general engineering 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
0
1.1 GENERAL
1.1.1. ENGINEER shall provide OWNER professional engineering services related to
the construction phase of the 2001 Road Program. These services will include
serving as OWNER’S professional engineering consultant and advisor and
furnishing customary civil engineering services.
1.2 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
Page 1
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”
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.
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.
Page 2
a 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.
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. a 1.6.9. ,I 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 hnctioning 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
Page 3
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
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.
I .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 I .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
1.6.1 1 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 3 - OWNERS RESPONSIBILITIES
Owner shall do the following in a timely manner so as not to delay the services of
ENGINEER:
3.1. 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.
Page 4
0 3.L.
3.3.
3.4.
3.4.1,
3.4.2.
3.4.3.
3.4.4.
a 3.4.5.
3.4.6.
3.4.1
3.4.8.
3.5.
3.6.
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 ofthe Project.
Furnish to ENGINEER, as required for performance of ENGINEER’S Basic
Services the following:
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;
Appropriate professional interpretations of all of the foregoing;
Environmental assessment and impact statements;
Property, boundary, easement, right-of-way, topographic and utility surveys;
Property descriptions;
Zoning, deed and other land use restriction; and
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.
Nothing in this section shall be construed as an aMirmative 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.
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.
Page 5
0 3.7.
3.8.
3.9
3.10.
3.11,
3.12.
3.13.
3.14.
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
upon the OWNER to communicate, nor shall this section be construed as a source
of liability for the OWNER for failure to communicate.
Furnish, or direct ENGINEER to provide, Additional Services as stipulated in
paragraph 2.1 of this Agreement or other services as required.
Bear all costs incident to compliance with requirements of this Section 3.
SECTION 4 -PERIODS OF SERVICE
Page 6
0 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, 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.
SECTlON 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 ,I .An 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. I 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.
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 ., 1 1 at the rate of
$ per day or any portion thereof (compensation for time spent in
Page 7
5.1.3.
5.1.4.
5.2.1
5.2.1,
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.
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
The term “Reimbursable Expenses” has the meaning assigned to it in paragraph
5.4.
TIMES OF PAYMENT
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 0 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 oftermination by OWNER under paragraph 7,l 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
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.
Page 8
5.3.3. 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.
5.4.1 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, Drawjngs,
Specifications, Bidding Documents, and similar Project-related items in addition
to those required under Section 1 ; 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 7 - GENERAL CONSIDERATION
7.1 TERMINATION.
The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days’ written notice.
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 sole property of the OWNER.
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
Page 9
0 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.
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.
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. I, OWNER and ENGINEER agree that they shall first submit any and all unsettled
claims, counterclaims, disputes, and other matters in question between them arising out
of or relating to the Agreement or the breach thereof (“Disputes”) to mediation.
7.6.2. If either party alleges a dispute or controversy with the other party arising out of or
related to this Agreement, then either party shall have the ridt to demand non-binding
e
mediation within twenty (20) days after the complaining pa& has provided the other- a
Page 10
e party with written notice describing the dispute and the complaining party’s position with
reference to the resolution to the dispute.
7.6.3. 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 ENGINEER have not agreed upon
the mediator within ten (IO) days of the request for mediation, the parties shall jointly
request the Chief Judge for the Circuit Courts of Waukesha County, Wisconsin, to
appoint a mediator who shall, if reasonably available in the sole judgment of the
appointing Judge, be a retired or former Circuit Court Judge for Waukesha County or
Milwaukee County.
7.6.4. 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.
7.6.5. No work related to this Agreement shall be interrupted or delayed during any
mediation proceeding except upon written agreement of both parties.
7.6.6. The mediator shall not be a witness in any legal proceedings related to the
Agreement nor shall the decision of the mediator be used as evidence or referred to in any
legal proceedings related to this Agreement.
0
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.
Page 11
a 8.1.3.2.Exhibit B “2001 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 employerkmployee relationship between the OWNER and
the ENGINEER.
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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the day and year first above written.
OWNER: CITY OF MUSKEG0 ENGINEER R.A. SMITH AND
ASSOCIATES
By: By:
David L. De Angelis, Mayor
0 By: Jean K. Marenda, ClerWTreasurer
Address for notices:
W182 S8200 Racine Ave.
Muskego, WI 53150
Address for notices:
16745 W. Bluemound Road.
Suite 301
Brookfeld W153005
Page 12
0 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES, DATED ,2001.
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 incomorated bv reference with the
Agreement made on ,2401, between the City of
Muskego (OWNER) and R.A. Smith and Associates(ENG1NEER) 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:
0
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.
Page 13
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.
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:
d. Accompany visiting inspectors representing public or other
a. Maintain at the job site orderly files for correspondence, reports
ofjob conferences, Shop Drawings and samples, reproductions of
original Contract documents including all Work Directive
Changes, Addenda, Change Orders, Field Orders, additional
Page 14
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.
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.
CONTRACTORS, subcontractors and major suppliers of
materials and equipment.
b. Keep a diary or log book, recording CONTRACTOR hours on
c. Record names, addresses and telephone numbers of all
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.
inspections or start of important phases of the Work.
obtaining backup material from CONTRACTOR and
recommend to ENGINEER, Change Orders, Work Directive
Changes, and Field Orders.
occurrence of any accident.
b. Consult with ENGINEER in advance of scheduled major tests,
c. Draft proposed Change Orders and Work Directive Changes,
d. Report immediately to ENGINEER and OWNER upon the
10. Payment Requests: Review applications for payment with
CONTRACTOR for compliance wjth 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.
1 1, 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:
Page 15
a. Before ENGINEER issues a Certificate of Substantial
Completion, submit to CONTRACTOR a list of observed items
requiring completion or correction.
b. Conduct final inspection in the company of ENGINEER,
OWNER, and CONTRACTOR and prepare a final list of items to be
completed or corrected.
c. Observe that all items on final list have been completed or
corrected and make recommendations to ENGINEER concerning
acceptance.
C. LIMITATIONS OF AUTHORITY
Resident Project Representative:
I, 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 16
2001 RATE SCHEDULE
ENGINEERING SERVICES
Project Engineer
CONSTRUCTION REVIEW SERVICES
Construction Review Technician
Mileage - $-/Mile -For Construction Review Techs
RATE PER HOUR
$ 87.00
$46.00
Page 17