HomeMy WebLinkAboutFacility Engineering 101 Dempsey Road, Madison 2019RECEIVED
10& CITY CLERK'S OFFICE
Oshkosh
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made on the 3rd day of December, 2019, by and between the CITY of OSHKOSH,
hereinafter referred to as CITY, and Facility Engineering,101 Dempsey Road, Madison, Wisconsin 53714,
hereinafter referred to as the CONSULTANT.
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the
following Agreement.
COMPONENT PARTS OF THE AGREEMENT
This Agreement consists of the following component parts, all of which are as fully a part of this
Agreement as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. Consultant's Professional Services Proposal dated November 15, 2019, and attached hereto.
In the event that any provision in any of the above component parts of this Agreement conflicts with any
provision in any other of the component parts, the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
CITY REPRESENTATIVE
The CITY shall assign the following individual to manage this Agreement:
Bradley Larson, Museum Director
SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional
Services Proposal. CITY may make or approve changes within the general Scope of Services contained
within the Professional Services Proposal and in this AGREEMENT. If such changes affect CONSULTANT's
cost or time required for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
RECORDS AND INSTRUMENTS OF SERVICE
The City acknowledges the CONSULTANT's reports, drawings, data, computer files, and other
materials, documents prepared by the CONSULTANT as instruments of professional service.
Nevertheless, the plans and specifications prepared under this Agreement shall become the property of
the City upon completion of the work and payment in full of all monies due to the CONSULTANT. The
City agrees, to the fullest extent permitted by law, that consultant does not warranty or guaranty its
deliverables in the context of only reuse or modification of the instruments of service by the City or any
person or entity for which the City is responsible. Any document related to this agreement, whether in
electronic or paper form, is considered a public record and shall be provided to the City upon request.
The CONSULTANT may provide the City with an explanation of why they believe any document should
not be released to the public. The City shall make all final determinations regarding the release of any
document related to this Agreement.
TERM AND TERMINATION
A. Term. This Agreement shall commence upon the date indicated above and shall terminate on
DATE, unless terminated earlier by one of the parties as provided below, except that CITY may extend
this Agreement, upon written notice to CONSULTANT.
B. Termination.
1. For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations under
this Agreement, the other party shall have the right to terminate this Agreement by written notice. In
this event, the CONSULTANT shall be entitled to compensation to the date of delivery of the Notice.
2. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the
CONSULTANT no later than 30 calendar days before the termination date.
TIME OF COMPLETION
The CONSULTANT shall perform the services under this Agreement with reasonable diligence and
expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is
not responsible for damages arising directly or indirectly from any delays for causes beyond the
CONSULTANT's control. For the purposes of this Agreement, such causes include, but are not limited
to, strikes or other labor disputes, severe weather disruptions or other natural disasters, or failure of
performance by the CITY. If the delays resulting from any such causes increase the time required by the
CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be
entitled to an equitable adjustment in schedule.
SUSPENSION. DELAY, OR INTERRUPTION OF WORK
CITY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CITY. In
such event, CONSULTANT's contract price and schedule shall be equitably adjusted.
t
ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in
this Agreement (including, but not limited to, monies that are due or monies that may be due)
without the prior written consent of the other party.
INDEPENDENT CONTRACTOR
CONSULTANT is an independent contractor and is not an employee of the CITY.
COOPERATION IN LITIGATION AND AUDITS
CONSULTANT shall fully and completely cooperate with the City, the City's insurer, the City's
attorneys, the City's Auditors or other representative of the City (collectively, the "City" for purposes of
this Article) in connection with (a) any internal or governmental investigation or administrative,
regulatory, arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit,
with respect to matters relating to this Agreement; other than a third party proceeding in which
CONSULTANT is a named party and CONSULTANT and the City have not entered into a mutually
acceptable joint defense agreement.
Such cooperation may include, but shall not be limited to, responding to requests for documents and/or
other records, and making CONSULTANT s employees available to the City (or their respective
insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and
providing declarations or affidavits that provide truthful information in connection with any Litigation
or Audit, (ii) appearing at the request of the City to give testimony without requiring service of a
subpoena or other legal process; (iii) volunteering to the City all pertinent information related to any
Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and
within a timeframe requested.
City shall reimburse CONSULTANT for reasonable direct expenses incurred in connection with
providing documents and records required under this paragraph and may require, at the City's sole
discretion, such expenses to be documented by receipts or other appropriate documentation. Reasonable
direct expenses include costs, such as copying, postage and similar costs; but do not include wages,
salaries, benefits and other employee compensation. CONSULTANT shall not be entitled to additional
compensation for employee services provided under this paragraph.
STANDARD OF CARE
The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence
normally employed by professional CONSULTANTs or consultants performing the same or similar
Services at the time said services are performed. CONSULTANT will re -perform any services not
meeting this standard without additional compensation.
CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the
CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City
records.
CONSULTANT may reasonably rely upon the accuracy, timeliness, and completeness of the information
provided by CITY.
To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the
Agreement the amount of $26,900.00 in the Cost portion of the Consultant's Professional Services
Proposal.
B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The
CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any
statement amount is disputed, the CITY may withhold payment of such amount and shall provide to
CONSULTANT a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this Agreement executed by both parties prior to proceeding with the work covered under
the subject amendment.
HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all
actions, claims, and demands which may be to the proportionate extent caused by or result from the
intentional or negligent acts of the CONSULTANT, its agents or assigns, its employees, or its
SUBCONSULTANT related to the performance of this Agreement or be caused or result from any
violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums
including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged
to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand
for indemnification or refund for those actions, claim, and demands caused by or resulting from
intentional or negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the
City further agrees to hold CONSULTANT harmless from any and all liability, including claims,
demands, losses, costs, damages, and expenses of every kind and description (including death), which
may be to the proportionate extent caused by or result from the intentional or negligent acts of the CITY,
its agents or assigns, its employees, or its SUBCONSULTANTS related to the performance of this
Agreement or be caused or result from any violation of any law or administrative regulation, where such
liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents
of the City of Oshkosh while acting within the scope of their employment.
It is the intention of the parties to this Agreement that each party shall be solely responsible for its own
actions and activities and the actions and activities of its own officers, employees and agents while acting
within the scope of their employment
INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for Professional
Services.
WHOLE AGREEMENT / AMENDMENT
This document and any specified attachments contain all terms and conditions of the Agreement and
any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated
as an amendment to this Agreement.
NO THIRD -PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has
no third -party beneficiaries.
AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY
This Agreement is the product of negotiation between the parties hereto and no term, covenant or
provision herein or the failure to include a term, covenant or provision shall be construed against any
party hereto solely on the basis that one party or the other drafted this Agreement or any term, covenant
or condition contained herein.
NO WAIVER
Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or
any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to
thereafter enforce such term or provision, and that term of the provisions shall continue in full force and
effect.
NON-DISCRIMINATION
The Operator agrees not to discriminate in its operations under this Agreement on the basis of race, color,
creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded
as a material breach of this Agreement
SEVERABILM
If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the
remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid
and enforceable to the fullest extent permitted by law.
CHOICE OF LAW AND VENUE
The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement.
Winnebago County shall be the venue for all disputes arising under this Agreement.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed
with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by
the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year first
above written.
In the Presence of. Name ONSULTANT Company/Firm
By:
P12r�l.�IT
(Seal of CONSULTANT (Specify Title)
if a Corporation.)
(Witness)
(Witness)
APPROVED:
CITY OF OSHKOSH
By: ��7
Mark A. Rol -doff, City Manager
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
zAg�vI—
471.-/ —
City Comptro er
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FACILITY
ENGINEERING
Since 1996
November 15, 2019
Maintenance
Mr. Brad Larson, Director
Programming
Oshkosh Public Museum
1331 Algoma Blvd.
Architectural
Oshkosh, WI 54901
Engineering
Consulting
RE' AB Professional Services Proposal
Building Foundation Leak Consultation
Facility Engineering, Inc. (FEI) is pleased to submit this proposal for consulting architectural -engineering
Building Envelope:
services as they pertain to the prospect Building Foundation Leak Repair project at Oshkosh Public Museum in
Investigation
Oshkosh, WI. Summarized within and attached you will find:
Assessment
Design
• Our understanding of the program
Support
• Scope of Professional Services
• Proposed Professional Fees
• Standard Terms and Conditions
For purposes of brevity and consistency, FEI will refer to itself as FEI and City of Oshkosh as Owner and
Client.
Ene+gr Consenvtion
by Design.
PROGRAM
In summary, the program succeeds the inspection of the physical space known as Oshkosh Public Museum,
1331 Algoma Blvd., conducted by us during late-2018 and periodically 2019. FEI recommended strategic
waterproofing. More specifically, our recommendation directed the Owner to install repairs to the stone
foundation of a waterproofing variety, and, in the process, make improvements to landscape and its finishes,
including sub -surface drain tile. This program includes design documentation needed to convey a scope of
work to bidders and construction administration while it is being built.
PROFESSIONAL SERVICES
MEMBER
PRE -DESIGN & SCHEMATIC DESIGN
FEI shall:
• " Member of
• Conduct on -site visual and critical inspections of various building components in order to establish a
f• /►
detailed condition assessment of the structure.
' B E C
• Review architectural plans, specifications and other documentation in the Owner's possession which is
BNEinp EnHoeue GmNUM. e
deemed relevant for information related to system application and performance.
• Attend one meeting with Owner and Client at the site to review the preliminary design and deliverables.
• Provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements.
• Review with the Owner and Client alternative approaches, if any, to design and construction of the
Project.
DESIGN DEVELOPMENT
FEI shall:
• Based on the approval and any adjustments authorized by the Owner, prepare Design Development
Documents consisting of drawings and other documents to fix and describe the size and character of the
work and such other elements as may be appropriate.
101 Dempsey Road • Madison, WI 53714. 608.240.9110 • fax 608.240.9112
w .(acilityengineeonginc.cam
Proposal for ME Professional Services
Foundation Leak Consultation
November 15, 2019
Page 2 of 3
• FEI shall assist the Owner and Client in connection with the Owner's responsibility for filing documents
required for the approvals of governmental (e.g. State, local) authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
FEI shall:
Upon the Owner's approval of the latest preliminary estimate of Construction Cost, assist the Owner or
Client in obtaining bids or negotiated proposals from contractors, and assist in awarding and preparing
contract(s) for construction.
CONSTRUCTION MANAGEMENT
FEI shall:
• Represent the Owner and Client as Project Manager.
• Prepare a Project construction schedule providing for the components of the Work.
• Assist the Owner and Client in preparing contracts and advise Owner and Client on the acceptability of
Subcontractors and materials suppliers proposed by Contractors.
• Assist the Client in obtaining building permits and special permits for permanent improvements, except
for permits required to be obtained directly by the various Contractors.
• Provide administrative, management and related services to coordinate scheduled activities and
responsibilities of the Contractor.
• Monitor the approved estimate of Construction Cost. FEI shall show actual costs for activities in progress
and estimates for uncompleted tasks by way of comparison with such approved estimate.
• Schedule and coordinate sequence of Construction in accordance with the latest approved Project
construction schedule.
• Not have control over or charge of and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work
of each of the Contractors, since these are solely the Contractor's responsibility under the Contract for
Construction.
• Not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or
employees, or any other persons performing portions of the Work not directly employed by FEI
• Schedule and conduct a preconstruction conference and prepare minutes there from.
• Provide construction administration including reviewing shop drawings, processing pay requests,
processing change orders as required, and coordination of scheduling of any required work performed by
others.
• Provide a total of five (5) site visits in order to conduct pre -construction meeting, observe construction,
attend progress meetings and prepare a punch list.
• Provide construction -observation during critical phases of construction and part-time otherwise,
as required.
• Perform final observations of construction with the Owner.
• Prepare a final punch list.
PROFESSIONAL FEES
The fee for rendering professional engineering services as outlined above shall be billed on a fixed fee basis
with these limits.
Pre -Design & Schematic Design
$ 6,100.00
Design Development
$ 10,200.00
Bidding or Negotiation
$ 2,200.00
Construction Administration
$ 7,200.00
SUB -TOTAL
$ 25,700.00
Reimbursable Expense
$ 1,200.00
TOTAL
$ 26,900.00
101 Dempsey Road • Madison, WI 53714. 608.240.9110 • fax 608.240.9112
r .tacilityengineeringinc.com
Proposal for A/E Professional Services
Foundation Leak Consultation
November 15, 2019
Page 3 of 3
Our Standard Terms and Conditions are attached hereto; Standard Rates will apply. Reimbursable expenses
and additional services shall be billed on Time -and -Expenses basis. Sample reimbursable expenses: Copies,
mileage.
SCHEDULE
Our services can commence on the basis of your verbal authorization to proceed along with a written
confirmation for our files.
Thank you for this opportunity to provide services for you. If you should have any questions, please don't
hesitate to call.
Sincerely,
(Facility Engineering, Inc.
Daniel L. Maki, P.E., M ASCE, BECxP
Project Engineer
Attachments: Standard Terms and Conditions
DM/pw
ACCEPTED
The above selected scope of services, prices, and conditions are satisfactory and hereby accepted.
Client: City of Oshkosh
Date
101 Dempsey Road • Madison, WI 53714. 608.240.9110 • fax 608.240.9112
w .facilityengineednginc.wm
STANDARD TERMS AND CONDITIONS
Performance:
The terns and conditions staled herein shall be binding upon all officers, directors, employees, subcon iultents (collectively, Consultant) assignors, heirs, partners,
subsidiaries, limited liability company members, association members, employees, agents and representatives and any person or party intended to be or claiming to be a third
party beneficiary ofthe services performed pumeant to this Agreement.
Facility Engineering, Inc. (FEr) and its employeas will exercise the degree ofskill and care expected by customarily accepted practices and procedures. No warranties,
expressed or implied, are made with respect to FEI's performance, unless agreed to in writing FEI is not a gumantor ofthe project erwhich its services are directed, and its
responsibility is limited to work performed for the Chem. FEI is not responsible for acts or omissions ofthe Client, or for third parties not under its direct control. FEI shall
not be liable for any reason for any special, indirect or consequential damages including loss ofuse and loss ofpmfit. FEI may rely upon information supplied by the Client
engaging FEI, or the contractors or FEI's consultants involved, or information available from generally accepted reparable sources, without independent verification. At no
time shall FEI be responsible for consultation services pertaining to hazardom materials including but not limited to asbestos, mold, and lead.
Client shall promptly notify FEI of any claim for loss or damage which is alleged to have resulted from my action, error or omission of FEI in perforating its services.
Client shall give FEI reasonable opportunity to inspect and investigate the premises before my work to remove or remediate the existing work is performed. The failure of
Client to give FEI prompt ounce and the reasonable apportunity to inspect and investigate the promises shall mean FEI has no liability for the cost of my repairs or remedial
action or for any other loss or damage claimed by Client. In addition, and not withstanding my other pmvisiones of this Agreement, the Client agrees, to the fullest extent
permitted by law, to indemnify and held harmless FEI against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, rasing our ofor in my
way connected with am services or the performance by any of the parties above -named of the services order this Agreement.
These Standard Terms and Conditions shall continue in full force and effect during, as well as after, the completion or termination ofFEI's employment These Standard
Terms and Conditions shall control my conflicting term or condition unless FEI shall agree in writing
FEI shall not have control over or charge of and shall nut be responsible for construction meets, methods, techniques, sequences or procedures, or for safety precautions and
safety programs in connection with the project, since these are solely the responsibility ofothers. FEI shag not have control over or charge ofacts or omissions ofthe
Contractor. Subcontractors, or their agents or employees, or ofany other non FEI persons performing portions ofthe project.
FEI's total liability for services performed under this Agreement shall art exceed the amount paid to FEI for services under this Agreement
Billing & Payment Terms:
Unless otherwise stated, full payment for FEI invoices are due upon receipt. Late payments shall mcme interest at the rate of I8%per annum on all summers due starting on
the 3tat day after the invoice first being seat to the client.
Payment of any invoice by the Client to the Consultant shall be taken to teem that the Client is satisfied with the Consultant's services to the date of payment and is not
aware of any deficiencies in those services.
The Client agrees to pay for all costs incurred, including legal fees, collection agency fees, court costs, reasonable FEI staff costs and other expenses for collection of past
due balances. All collection costs incurred shall be immediately due and payable to FEI. This obligation of the Client to pay the Comultant's collection casts shall survive
the term of this Agreement or any earlier termination by either party.
Payment for services rendered shall be due regardless ofany subsequent suspension or termination ofthe agreement
FEI reserves to right m require an initial retainer or progress netainer(s) to account for a least one month's anticipated charges and expenses to be payable upon receipt of
invoice and prior to FEI proceeding with my services.
Disputed Invoices
Notification ofany objection or dispute regarding the invoice shall be within ten (10) business days of receipt of invoice. The Client shall identify in writing the specific
cause of the disagreement and the amount in dispute. Any portion of the invoice that is not in dispute shall be paid according to the payment mnns or otherwise result in
curtaibnentofservices.
FEI reserves the right to collect fees on all undisputed portions of the invoice(s) that may become past due.
Suspension of Services:
Ifthe Client fails to make payments when due or otherwise is in breach ofthis Agreement, the Consultant may suspend performance of services upon sixty (60) calendar
days' notice to the Client. The Consultant shall have an liability whatsoever to the Client for my costs or damages as a result ofsmh suspension caused by my breach of this
agreement by the Client. Upon payment in full by the Client, FEI shall resume services under this agreement, and the time schedule and compensation shall be equitably
adjusted to compensate for the period of soapenaion plus any other reasonable time and expense accessary for FEI to resume performance
Termination of Services:
The Client's failure to make payments for services rendered in accordance with the payment terms of the contract constitutes a material breach on the agreement and this
material breach is cause for termination of the entire agreement.
Termination:
In the event of termination of this Agreement by either party, the Client shell within fifteen (15) calendar days oftermivation pay FEI for all services rendered and all
reimbursable costs incurred by FEI up to the date oftermination, in accordance with the payment provisions of this Agreement
The Chem may terminate this Agreement for the Client's convenience and without cause upon giving FEI not less than seven (7) calendar days' written notice.
Either parry may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' writmn notice err my ofthe following reasons:
Substantial filum by the other party to perform in accordance with the terms ofthis Agreement and through no fault ofthe terminating patty;
Assignment ofthis Agreement or transfer of the Reject by either party to my other entity without the prior written consent ofthe other party;
Suspension ofthe Project or FEI's services by the Chem for more than ninety (90) calendar days, consecutive or in the aggregate;
Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the mime of the Project and the failure ofthe parties to reach
agreement on the compensation and schedule adjusimens necessitated by such changes.
In the event ofany termination that is not the fault of FEI, the Client shall pay FEI, in addition to payment for services rendered and reimbursable costs incurred, for all
expenses reasonably incurred by FEI in connection with the orderly termination ofthis Agreement, including but not limited to demobilization, reassignment ofpersonnel,
associated overhead costs and all other expenses directly resulting from the tenaketim.
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January 2019
Transfer of Documents:
Upon receiving payment in full far the project FEI will transfer the ownership of the Clients design documents.
Use of Reports, Drawings, Etc.:
FEI retains ownership of letters, reports, drawings, specifications, test data and pores. These documents or pans thereof may not be reproduced in advertisements, brochures,
or sales material, nor used by the Clieto for any purpose other than the purpose for which they were prepared, nut by third parties, without the written permission of FEI.
Conclusions by FEI based on test results are Earned to the specific conditions for which the tests were performed.
FEI shag have no liability for Client's use of or reliance on FEI's reports, drawings or other instruments of service on future projects for which FEI is not retained to provide
services.
Agreement(s) referencing these terms and conditions shall not be assigned or trawfened without express written consent of FEI.
Proposals:
Proposals expire I20 days after submission to a Client unless a different expiration limit is included in the proposal. FEI may withdraw or modify a proposal at any time
prior to acceptance by the Client.
Fixed Price Contracts:
Where FEI and the Client have agreed to a fixed price contract, the following terms and conditions are specifically excluded: Time Charges, Expenses, Equipment Usage,
Affiliated Consultants, and Subcontracted Services. Progress payments will be arranged with the Client Other stated billing terns remain in effect
Time Charges:
Accrued on an howly basis, unless other arrangements are established. No increase in rates for overtime. No charge for out-of-town travel time of professional staff
outside of normal 8-hour workday unless rime is productive.
Expert witness services, including investigation, assessment, research, meetings, deposition, testimony, mediation, and related activity support will be billed at Premium
Razes.
Fee Schedule:
Standard Rate
Design Support Services, Administrative $80.00 per how
Premium Rate
$105.00 per how
Technician, Drafting, Asset Management $105.00 per how
$155.00 per how
Architect, Project Manager 11 $135.00 per how
$215.00 per how
Project Engineer, Project Manger I $160.00 per how
$255.00 per how
Principal Engineer $190.00 per how
$295.00 per how
Expenses:
Public transportation; subsistence and omrof-pocket expense incurred during travel; communications; reprodmtion and shipping charges:
Cost plus 15%(Invoiced as an Expense Service Fee);
Expended materials for field and laboratory investigations; rental equipment; fees advanced an Client's behalf.
Cost plus 15%(Invoiced m an Expense Service Fee);
Company or personal auto:
Mileage to be paid at current federal rate;
Clients may be charged for the cast of providing copies ofteceipts or detailed "back-up" information
concerning expenses.
Definition of "Hazardous Materials":
As wed in this agreement, the term hazardous materials shall mean ary substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible
Bases and materials, petroleum or radioactive materials (as each ofthese is defined in applicable federal statmes) or any other substances under my conditions and in such
quantities as would pose a substantial danger to persons or property exposed to such substances at or new the Project site.
Hazardous Materials— Suspension of Services:
Both parties acknowledge that the FEI's scope ofservices does not include my services related to the presence ofany hazardous or toxic materials. In the event FEI or my
other person or entity involved in the project emourmrs any hazardous or toxic materials, or should it become known to FEI that such materials may be present on or about
the jobsite or my adjacent now that may affect the performance of FEI's services, FEI my, at its sole option and without liability for consequential or my other damages,
suspend performance of its services under this Agreement and the Client retains appropriate qualified consultants and/or contractors to identify and abate or remove the
hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations.
Hazardous Materials Indemnity:
The Client agrees, notwithstanding my other provision ofthis agreement to the fullest extent pemdtted by law, to indemnify and hold harmless FEI, its officers, partners,
employees and sub -consultants (collectively, FEI) firm and against my and all claims, suits, demands, liabilities, losses, damages or cons, including reasonable attomeys'
fees and defense costs arising am ofor in my way connected with the detection, presence, handling, removal, abatement, or disposal of my asbestos or hazardons or toxic
substances, produces or materials that exist on, show or adjacent to the Project site, whether liability arises under breach ofcontract or warranty, ton, including negligence,
strict liability or smtwory liability, regulatory or my other cause ofaction, except for the sole negligence or willful misconduct of FEI.
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