HomeMy WebLinkAboutAugusta Richmond County and the Augusta Design Group
Augusta Richmond GA
DOCUMENT NAME: J1 u ~Us....A - R, Of fYlcN \) c.. 0 ON. 'f A IV 0 I If E: {lUlj os. '(A-
, "'DC:~\<j ~ &~o up
DOCUMENT TYPE: A <j a...e:.16 rn ~OJ'T""
YEAR: \ Q9)S
BOX NUMBER: to
FILE NUMBER: \ ~ 900
NUMBER OF PAGES: 51
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
TI-llS IS AN AGREEMENT effective as of February 17, 1998
("Effective Date") between
Augusta-Richnlond County
("OWNER") and
The Augusta Design Group
("ENGINEER").
ENGINEER intends to provide professional services related to Sanitary Sewer Rehabilitation'
for the Spirit, Rocky, and Butler Creek Basins.
("Project").
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:
Standard Fonn of Agreement
Between Owner and Engineer for Professional Services
Page 1 of 12 pages
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ARTICLE 1 SERVICES OF ENGINEER
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1.01 Scope
A. ENGINEER shall provide the Basic and Additional
Services set forth herein and in ExhibitA.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin Basic Services as set
forth in Exhibit A.
C. Ifauthorized by OWNER, ENGINEER shall furnish
Resident ;. Project Representative(s) with duties,
responsibilities and limitations of authority as set forth in
Exhibit D.
ARTICLE 2 - OWNER'S RESPONSIDILITIES
2.01 General
A. OWNER shall have the responsibilities set forth
. herein and in Exhibit B.
ARTICLE 3 - TIMES FOR RENDERING SERVICES
3.01 General
A. ENGINEER's services and compensation under this
Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Project through
completion. Unless specific periods of time or specific
dates for providing services are specified in this
Agreement, ENGINEER's obligation to render services
hereunder will be for a period which may reasonably be
required for the completion of said services.
B. If in this Agreement specific periods of time for
. rendering services are set forth or specific dates by which
services are to be completed are provided, and if such
periods of time or. dates are changed through no fault of
ENGINEER, the rates and amounts of compensation
provided for herein shall be subject to eq~table
. adjustment. If OWNER has requested changes in the
scope, extent, or character of the Project, the 'time of
performance of ENGINEER's services shall be adjusted
. equitably. .
C. 'For purposes of this Agreement the term "day" .
means a calendar day of24 hours.
3.02 Suspension .
.
A. If OWNER fails to give prompt written authoriZation
to proceed with any phase of services' aftercompletioD,of
the immediately preceding phase; or if ENGINEER's
L Ow",~r
services are delayldl..through no fault of ENGINEER,
ENGINEER may, after giving seVen days written notice to
. OWNER, suspend services under this Agreement.
B. If ENGINEER's services are delayed or suspended
in whole or in part by OWNER, or if ENGINEER's
services are extended by Contractor's actions or inactions.....
for more than 90 days thfough no fault of ENGINEER,
ENGINEER shall be entitled to equitable adjustment of
rates and amounts of compensation provided for elsewhere
in this Agreement to reflect, reasonable costs incurred by
ENGINEER in connection with, among other things, such
delay or suspension and reactivation and the fact that the
time for performance und~ this Agreement has been
revised.
ARTICLE 4 - PAYMENTS TO ENGINEER
4.01 Methods of Payment for Services and
Reimbursable Expenses of ENGINEER
A. For Basic. Services. OWNER shall pay
ENGINEER for Basic Services performed or furnished
under Exhibit A, Part I, as set forth in Exhibit C.
B. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or
finnished under ExhIbit A, Part 2, as set forth in Exhibit C.
C. For Reimbursable Expenses. In addition to
payments provided for in paragraphs 4.01.A and 4.01.B,
OWNER shall pay ENGINEER for Reimbursable
Expenses incurred by ENGINEER and ENGINEER's
Consultants as set forth in Exhibit C.
4.02 Other Provisions Concerning Payments
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A. Preparation of Invoices. Invoices will be prepared
in accordance with ENGINEER's standard invoicing pJL
practices and will be submitted to OWNER by
ENGINEER, unless otherwise agreed. The amount billed r:::::;:{J
in each invoice will be calculated as set forth in Exhibit C. ~
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B. Payment OflnvoiC. e voices are due and paya~le ''''' oJ
within 30 days of receip .I{ OW~~R fatis ts make llR)l I
. . .
amoURtg d'I'i: :ENGINJ;li:~ will \?e iRcr'i:1li:~d at tJ:!.e Fatll sf
1 QO/..; per rnnnth (nr thp tnQv;"'rn~ rate of mtPPPit p~itt~d
by la~", if less) gOlD said thirti'i:tJ:!. ~' iii allllitill8,
. ENGINEER may, after giving seven days written notice to
OWNER. suspend servic'es under this Agreement until ~ L..
ENGINEER has been paid in full all amounts~due for
services, expenses, and other related charge P.
will ~. "._MII. ......" aAd _,. 'E, ~;;n .
fr, ~~/I.'kf.
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Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 2 of 12 pages
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/f~.. ',' I C. Disputed Invoices. In the event of a disputed or
contested invoice, only that portion so contested may be
withheld from payment, and the undisputed portion will be
~d .
D. Payments Upon Termination.
1. In the event of any termination under paragraph
6.06, ENGINEER will be entitled to invoice OWNER
and will be paid in accordance with Exlubit C for all
services performed or furnished and all Reimbursable
Expenses incurred through the effective date of
termination.
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2. In the event of termination by OWNER for
convenience or by ENGINEER for cause; ,ENGINEER,
in addition to invoicing for those items identified in
subparagraph 4.02.D.l, shall be entitled to invoice
OWNER and shall be paid a reasonable amount for
services and expenses directly attnbutable to
termination, both before and after the effective dllte of
termination. ~1".8 aI: r~au;!y~~ gfF~91H1all costs of
terminating contracts with ENGINEER's Consultants,
and other related close-out costs, using methods and
rates for Additional Services as set forth in Exhibit C.
E. Records of ENGINEER's Costs. Records of
ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement shall be kept in
accordance with generally accepted accounting practices.
To the extent necessary to veritY ENGINEER's charges
and upon OWNER's timely request, copies of such records
will be made available to OWNER at cost.
F. 'Legislative Actions. In the event of legislative
actions after the Effective Date of the Agreement by any.
level of government that impose taxes, fees; or costs on
ENGINEER's services or other costs in connection with
this Project or compensation therefor, such new taxes, fees,
or costs shall be invoiced to and paid by OWNER'as a
Reimbursable Expense to which a Factor of 1.0 shall be
applied. Should such taxes, fees, or costs be imposed, they
shall be in addition to ENGINEER's' estiIDated total
compensation. .
G. Prompt Pay Act. SEE BELOW
ARTICLE 5 - OPINIONS OF COST
5.01
Opinions oCProbable Construction Cost
of labor, materials. equipment, or services furnished by
others, or over the Contractor's methods of determining
prices, or over competitive bidding or market conditions,
ENGINEER cannot and does not guarantee that proposals,
bids, or actual Construction Cos.t will not vary from
opinions of probable Construction Cost prepared by
ENGINEER. If OWNER wishes greater assurance as to
probable Construction Cost, OWNER shall employ an
independent cost estimator as provided in Exhibit B.
5.02 Designing to Construction Cost Limit
A. If a Construction Cost limit is established between
. OWNER and ENGINEER such Construction Cost limit
and a statement of ENGINEER's rights and responsibilities
with respect thereto will be specifically set forth in Exhibit
F, "Construction Cost Limit," to this Agreement.
5.03 Opinions of Total Project Costs
A. ENGINEER assumes no responsibility for the
accuracy of opinions of Total Project Costs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.01 Standards of Performance '
A. The standard of care for all professional engineering
. and related services performed or furnished by'
ENGINEER under this Agreement will be the care and
skill ordinarily used by members of ENGINEER's
profession practicing under similar circumstances at the
same time and in the same locality. ENGINEER makes no
warranties, express or implied, under this Agreement or
otherwise, in connection with ENGINEER's services.
B. ENGINEER sh81l be responsible for the technical
accuracy of its services and documents resulting therefrom,
and OWNER shall not be responsible for discovering
deficiencies therein. ENGINEER shall correct such
deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in
OWNER-furnished information.
C. ENGINEER shall perform or furnish professional
engineering and related services in all phases of the Project
to which this Agreement applies. ENGINEER shall serve
as OWNER's prime professional for the Project.
ENGINEER may employ such ENGINEER's Consultants
as ENGINEER deems necessary 'to assist in the
performance or furnishing of the services. ENGINEER
shall not be required to employ any ENGINEER's
Consultant unacceptable to ENGINEER
A. ENGINEER's opinions of probable Construction
Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and D. ENGINEER and OWNER shall comply with
. qualified professional generally familiar with the industry. .' applicable Laws or Regulations and OWNER-mandated
nM/ However, since ENGINEER has no control over the cost standards. This Agreement is based on these requirements
~~~ * This Agreement is intended by the Parties, and does, supersede any and all provisions
of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any
rvr\ provision of this Agreement is inconAisteQt with any provision of the Prompt Pay Act,
~ t/ Standard torm 01 Agreement
1 Between Owner and Engineer for Professional Services
the provision of this Agreement sl~!3~JJfJB~g~s
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as of its Effective Date. Changes to these requirements
after the Effective Date of this Agreement may be the basis
for modifications to OWNER's responsibilities or to
ENGINEER's scope of services, times of performance. or ,
compensation.
E. OWNER shall be responsible for, and ENGINEER
may rely upon. the accuracy and completeness of all
requirements, programs, instructions, reports, data, and
other. information furnished by OWNER to ENGINEER
pursuant to this Agreement. ENGINEER may use such
, requirements, reports, data, and infoI:Il1ation in performing
or furnishing services under this Agreement.
F. OWNER shall make decisions and carry out its
other respoI)Sibilities in a timely manner and shall be~ all
costs incident thereto so as not to delay the services of
ENGINEER.
G. Prior to the commencement of the Construction
Phase, OWNER shall notifY ENGINEER of any .variations
from the language indicated in Exhibit E, ''Notice of
Acceptability of Work," or of any other notice' or
certification that ENGINEER will be requested to provide
to OWNER or third parties in connection with the Project.
OWNER and ENGINEER shall reach agreement on the
terms of any such requested notice or certification. and
OWNER shall authorize such Additional Services as are
necessary to enable ENGINEER to provide the notices or
certifications requested.
H. ENGINEER shall not be required to sign any
documents, no matter by whom requested, that would result
in the ENGINEER's having to certifY, guarantee or warrant
the existence of conditions whose existence the
cNGINEEit cannot asc~ OWNER agrees notto make
resolution of any dispute wi the ENGINEER or payment
of any amount due to the ENGINEER in any way
contingent upon the ENGINEER's signing any such
certification.
1. During the Construction Phase, ENGINEER shall
not supervise, direct, or have control over Contractor's
work, nor shall ENGINEER have authority over or
responsibili.ty . for the means, methods, techni'lues,
sequences, or procedures of construction selected by
Contractor, for safetY precautions and programs incident to
the Contractor's work in progress, nor for ariyfailure of
Contractor to comply wiJh Laws and Regulations
applicable to Contractor's furnishing and performing the
Work.
J. ENGINEER neither guarantees the performance of
any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform the Work in
accordance with the Contract Docwnents.
K. ENGINEER shall not be responsible for the acts or
omissions of any Contractor(s), subcontractor or sUpplier,
or of any of the Contractor's agents or employees or any
other persons (except ENGINEER's own employees) at the
. Site or otherwise furnishing or performing any of the
Contractor's work; or for aily decision made on
interpretations or clarifications of the Contract Documents
given by OWNER without consultation and advice of
ENGINEER.
L. The General Conditions for any construction
contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction
Contract" as prepared by the Engineers Joint Contract ~
Documents Committee (Document No. 1910-8, 1996 ~
Edition) unless both parties mutually agree to use other '
General Canditionsr ~pP('i.ti~~' f8f8feB988 m L<h.,ib;t J. ~
6.02 Authorized Project Representatives r .
A. Contemporaneous with the execution of this
Agreement, ENGINEER and OWNER shall designate
specific individuals to act as ENGINEER's and OWNER's
representatives with respect to the services to be performe~
or furnished by ENGINEER and responsibilities of
OWNER under this Agreement. Such individuals shall
have authority to transmit instructions, receive information.
and render decisions relative to the Project on behalf of
each respective party.
6.03 Design without Construction Phase .Services ~
A. 8B.sHlel on~R pr:g'q"'il ('~J:Y"""""ti"'" 1>h,,~ (f!
il:rvi~l:i nqll:i. l:ill:i.er O~~R'g rilFr:8!i8Btati\'8G 9f' 8 \9H'a ,.
JJ~', eNG~r:E:SR'i :aaii.. S~ykei JJ"'~P" th;~ 4grpPn"lpvt ~
n4ll. B8 99B&itklr1!9 ts Be 8SHl.flletea ltflElfl eel'Bt'le!iaa tlf eIIe
li'ie8l g@siga P}w;@ gr 2il1rliA8 gr. Wllg9'tiatHi.g P~"iq lii
Ql1f-1iuerl in J:'vhih;t A
B. It'is understood and agreed that if ENGINEER's
Basic Services under this Agreement do not include Project
observation, or review of the Contractor's performance, or ~v
any other Construction' Phase services, and tha.' SUC~
services will be provided by. OWNER. then OWNER
assumes all responsibility t9r iAtlll:plll:taQgg Qft.bq ('g'l""f.) r
I>9Sl&llil.~ ~d for construction observation or review and
waives any claims aga4tst the ENGINEER that may be in
any way connected thereto. "
6.04 Use of Documents
A. All Documents are instruments of service in respect
to this Project, and ENGINEER shall retain an ownership
and property interest therein (including the right of reuse at
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 4 of 12 pages
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the discretion of the ENGINEER) whether or not the
Project is completed.
B. Copies of OWNER-furnished data that may be
relied upon by ENGINEER are limited to the printed
copies (also known as hard copies) that are delivered tothe
ENGINEER pursuant to Exhibit B. Files in electronic
media format of text, data. graphics, or of other types that
are furnished by OWNER to ENGINEER are only for
convenience of ENGINEER Any conclusion or
information obtained or derived from such electronic files
will be at the user's sole risk. ,
C. Copies of Documents that may be relied upon by
OWNER are limited to the printed copies (also known as
hard copies) that are signed or sealed by the ENGINEER
Files ip electronic media format of text, data. graphics, or
of other types that are furnished by ENGINEER to
OWNER are only for convenience of OWNER. Any
conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
D. Because data stored in electronic media format can
deteriorate or be modified inadvertently or. otherwise
without authorization of the data's creator, the party
receiving electronic fIles agrees that it will perform
acceptance tests.or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the party delivering
the electronic files. ENGINEER shall not be responsible to
maintain documents stored in electronic media format after
acceptance by OWNER
E. ' When transferring documents in electronic media
format, ENGINEER makes no representations as to long
temi compatibility, usability, or readability of documents
resulting from the use of software application packages,
operating systems, or computer hardware differing from
, those used by ENGINEER at the beginning of this Project.
and the hard copies, the hard copies govern.
H. Any verification or adaptation of the Documents for
extensions of the Project or for any other project will entitle
ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER
6.05 Insurance'
A. E~GINEER shall procure and maintain insurance
as set forth in Exhibit G, "Insurance."
B. OMITTED
C. OWNER shall require Contractor to purchase and
maintain general liability and other insurance as specified
in the Contract Documents and to cause ENGINEER and
ENGINEER's Consultants to be listed as additional
insureds with respect to such liability and other insurance
purchased and maintained by Contractor for the Project.
D. ENGINEER shall deliv,er to thf~~rtificatc:;s of
insurance evidencing the coverages indicated in Exlubit G.
Such certificates shall be furnished prior to commencement
of ENGINEER's services and at renewals thereafter during
the life of the Agreement.
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E. All policies of property insurance shall contain
provisions to the effect that ENGINEE~ and
ENGINEER's Consultants' interests are covered and that in
the event of payment of 'any loss or damage the insurers
will have no rights of recovery against any of the insureds
or additional insured thereunder.
F. At any tille, 0 WNER may . request that
ENGINEER. at OWNER's sole expense, provide
F. OWNER may make and retain copies of Documents ' additional insurance coverage, increased limits, or revised
for information and reference in connection with use on the deductlbles that are more protective than those specified in
Project by OWNER Such Documents are not intended or Exlubit G. If so requested by OWNER. with the
represented to be suitable for reuse by OWNER or others concurrence of ENGINEER. and if commercially
on extensions of the Project or on anyother project. Any available, ENGINEER shall obtain and shall require
such reuse or modification without written verification or ~GINEER'S Consultants to obtain such additional
adaptation by ENGINEER. as appropriate for the specific . ce coverage, different limits, or revised dedUcubles
purpose intended, will be at OWNER's sole risk and for such periods of time as requested by OWNER. and
without liability or legal exposure to ENGINEER or t~ ../.:UExlubit G will be supplemented to incorporate these
ENGINEER's Consultants. OWNER shall iag~n;~' aH~ requirements.
hold harmless ENGINEER and ENGINEER's consultants? '
from all claims. damages, losses, and expenses, including 6.06 Termination
attorneys' fees arising out of or resulting therefrom.
A. The obligation to provide further services under this
Agreement may be terminated:
G. If there is a discrepancy between the electronic files
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 5 of 12 pages
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I. For cause,
a. By either party upon 30 dayS wntten notice in
the event of substantial failure by the other party
to perform in accordance with the terms hereof
through no fault of the terminating party.
b. By ENGINEER:
1 ) upon seven days written notice if
ENGINEER believes that ENGINEER is being
requested by OWNER to furnish or perform
services contrary to ENGINEER's
responsibilities as a licensed professional; or
2) upon seven days written notice if the
ENGINEER's services for the Project are
delayed or suspended for more than 90 days for
reasons beyond ENGINEER's control.
3) ENGINEER shall have no liability to
OWNER on'account of such termination.
c. Notwithstanding the foregoing, this
Agreement will not terminate as a result of such
substantial failure if the party receiving such
notice begins, within seven days of receipt of
, such notice, to correct its failure to perforni' and
proceeds diligently to cure such failure within no
more than 30 days of receipt thereof;" provided,
however, that if and to the extent such substantial
failure cannot be reasonably cured within such
30 day period, and if such party has diligently
attempted to cure the same and thereafter
continues diligently to cure the same, then the
cure period provided for herein shall extend up
to, but in no case more than, 60 days after the
date of receipt of the notice.
2. For convenience,
a. By OWNER effeCtive upon the receipt of
notice by ENGINEER.
Slate.&;r~:;; is IO~
6.08 Successors, Assigns, and Beneficiaries
,A. OWNER and ENGINEER each is hereby bOWld
and the partners. successors, executors, administrators and
legal representatives of OWNER and ENGINEER (and to
the extent permitted by paragraph 6.08.B the aSsigns of
"OWNER and ENGINEER) are hereby bound to the other
party to this Agreement and to the partners, successors,
executors, "administrators and legal representatives (and
said assigns) of s~ch other party, in respect of all
covenants, agreements and obligations of this Agreement.
B. Neither OWNE~ nor' ENGINEER may assign,
sublet, or transfer any rights under OJ: interest (including,
but without limitation, moneys that are due or may become
due) in this Agreement without the written consent of the
other, except to the eXtent that any assignment, subletting,
or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent to
an assignment, no assignment will reI~ase or discharge the
assignor from any duty or responsibility under this
Agreement.
C. Unless expressly provided otherwise in this
Agreement:
1. Nothing in this Agreement shall be construed to
create, impose, or give rise to any duty owed by
^AA)?WNER or ENGINEER to any Contractor,
fP~- Con~ctor's subcontractor, supplier, other individual
~ or entity, or to any surety for or employee of any of
~ them. gf6B8efti
r ' 2. 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 bendit of any other party. The OWNER agrees
that the substance of the provisions of this paragraph
6.08.C shall appear in the Contract Documents.
,6.09 Dispute Resolu~ion . ~
).. O~~R QQQ ~l>rGIW:EMR agt'GG te RGgQtiat9 all ~
B. The termimltlng party under paragraphs 6.06.A.l or diip".~-t'etween th"..,... in g~ f<>i.h fQ" <> pl>';od 001\ rt"'y" A. '
6.06.A.2 may set the effective date of term,ination at a time itom the Q<>'I> of Aoti('e Fcior t9 ~xt:rcidRg \Rtlir R~ \mQil './ ()
up to 30 days later than otherwise provided to allow ExlJihl' H 0" "tber prQ'''''IQm of \lu,g ^ 8f1:~co;Rt, er 'IRQcr ~ 0/
ENGINEER to demobilize personnel and equipment from I",,,, Tn '},I> ",h",...,.p "f ",i,.}, ",n "'srP~PJJt" t},p p<>rtiPf T'n"')l . A. IV
the Site, to complete tasks whose value would otherwise be IJXWdi~ tl:!<;ir risJ;lti '}RrtW Ian< r ,
lost, to prepare notes as to the status "of completed and , . , 4
uncompleted tasks, and to assemble Project materials in' ~'. lfBBli te Y1.e eNt8Bt tBat OWHER BBli 13}JG~J;BBR
orderly meso . },"'''P ".Wf>Prt nn a q;je-tbo-;f \l.Qr,J FrOceqUl'~ for r~i:el'rUI8
~ oi~pll~ei hPtu'~. ~em a"iiiR8. O'lt of or ~ebtiR8 to ~
6.07 Controlling'Law ,. ~~: ~ A~'i:Rt, llU~h Qli:pute rt:i:elwQ8 meYl.QQ aeli ~rQeelilifll
. . '. \ )~(1!:, i" iE~Gl'NilRY1,~t ~x:~~rr~~Pbl"t~~i~ Agree'ment
A. 1bisAgreementlsto be governed by the lawoftlie "consents to jurisdiction and venue in the
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, Standard Form of Agreement sal. ou .
Between Owner and Engineer for Professional Services
Page 6 of 12 pages
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6.,10 Hazardous Environmental Condition
"A. OWNER represents to Engineer that to the best of
its knowledge a Hazardous Environmental Condition does
not exist.
B. OWNER has disclosed to the best of its knowledge
to ENGINEER the existence of all Asbestos, PCB's,
Petroleum, ,Hazardous Waste, or Radioa~tive Material
located at or near the Site, including type, quantity and
location.
"
C. If a Hazardous Environmental Condition is
encountered or alleged, ENGINEER shall have the
. obligation to notifY OWNER and, to the extent of
applicable Laws and Regulations, appropriate
govenunental officials.
, D. It is acknowledged by both parties that ENGINEER's
scope of services .does not include any services related to a
Hazardous ,En~onmental Condition. In the event
ENGINEER or any other party encounters a H~dous
Environmental Condition, ENGINEER may, at its option
and without liability for consequential or any other
damages, suspen~ performance of services on the portion
of the Project affected thereby until OWNER:,(i) retains
appropriate specialist consultant(s) or contractor(s) to
identify and, as appropriate, abate, remediate, or remove
the Hazardous Environmental Condition; and (Ii) warrants
that the Site is in full compliance with applicable Laws and
Regulations.
E. OWNER acknowledges that ENGINEER is
performing professional services for OWNER and that
ENGINEER is not and shall not be required to become an
"arranger," "operator," "generator," or "transporter" of
hazardous substances, as dermed in the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1990 (CERCLA), which are or may be encoUntered at or
near the Site in connection with ENGINEER's activities
under this Agreement
F. If ENGINEER's services under this Agreement
'cannot be performed ,because of a Hazardous
Environmental Condition, the existence of the condition
shall justifY ENGINEER's terminating this Agreemen,t for
cause on 30 days notice.
6.11 Allocation of Risks
A. Indemnification
1. To the fullest extent permitted by law,
ENGINEER' shall indemnify and hold harmless
OWNER, OWNER's officers, directors, partners, and
employees from and against any and all cos~, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other
dispute resolution costs) caused solely by the negligent
acts or omissions of ENGINEER or ENGINEER's
officers, directors, partners, employees, and
ENGINEER's Consultants in the performance and
furnishing of ENGINEER's services under this
Agreement.
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all, indemnifY and hold harmless ENGINE
E GINEER's officers, directors, partners, employes,
an ENGINEER's Consultants
from d against any and all costs, losses, and
(incl . g but not liIp.ited to all fees and ch ges of
engin architects, attorneys, and other profe sionals,
and all ourt or arbitration or other dispute solution
,costs) ca ed solely by the negligent acts at omissions
ofOWNE or OWNER's officers, direct , partners,
employees, d OWNER's consultants w respect to
this Agreem tor the,Project.
. tted by law,
R and anyone
R for' any cost,
the negligence of ,
'gence of OWNER
individual, shall not
that ENGINEER's
egligence of OWNER,
negligent entities and
e in enmity 'provided under
paragraph 6.11 A2 of Agre ent, and to the fullest
extent permitted by la , 0 shall indemnify and
hold harmless ENG ER and i officers, directors,
partners, employee, and ENG ER's Consultants
from and against all costs~ loss s, and damages
(including but n limited to all fee and charges of
engineers, archit , attorneys, and oth professionals,
and all court 0 arbitration or other dis te resolution
costs) caused y, arising out of or res ting from a
Hazardous E vironmental Condition, pro 'ded that (i)
any such co t, loss, or damage is attnbutab to bodily
injury, sic ess, disease, or death, or to inJ to or
destnicti of tangible property (other than co pleted
Work), . cluding the loss ofuse resulting therefro . , and
(ii) no . g in this paragraph 6.1 1.A.4. shall ob 'gate"
o to indemnifY any individual or entity from d
aga' t the consequences of that individual's or enti s
o negligence or willful misconduct.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 7 of 12 pages
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agre= ~~) g~~H:R :: CNCRH:CR m Cltftf8it ~lA rformed for or furnished to OWNER by ENGINEER
' "All...... .f~" if ",,!,.' ~ m ~ wi1h Exlnbi, A, Port 2 oftWs Agreonent.
6.12 Notices ' , ~ 3. Agreement--This "Standard Form of
, ) Agreement between OWNER and ENGINEER for,
A. Any notice required under this Agreement will be Professional Services," including those Exlubits listed
in writing, addressed to the appropriate party at its address in Article 8 hereof.
on the signature page and given personally, or by registered
or certified mail postage prepa~d, or by a commercial
courier service. All notices shall be effective upon the date
of receipt.
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6.13
Survival '
A. All express representations, indemnifications, or
limitations of liability included in this Agreement will
survive its completion or termination for any reason.
6.14 Severability
A. Any provision or part of the Agreem~t held to be
, void or unenforceable under any Laws or Regulations shall
be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon' OWNER and
ENGINEER, who agree that the' Agreement shall be.
reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close
as possible to expressing the intention of the stricken
provision.
6.15 Waiver
A. Non-enforcement of any provision by' either party
shall not constitute a waiver of that provisIon. nor shall it
atTectthe enforceability of that provision or of the
remainder of this Agreement. '
6.16 Headings
A. The headings used in this Agreement are for
general reference only and do not have special significance.
ARTICLE 7 - DEFINmONS
7.01 Defined Terms
A. Wherever used in this Agr~ement (including the
Exhibits hereto) and printed with initiai or all capital
letters, the terms listed below have the meanings indicated,
which are applicable to both the singular and plural thereof:
1. Addenda-- Written 'or graphic instruments
issued prior to the opening of Bids which clarifY,
correct. ~r change the Bidding DocumentS.
2. Additional Services-- The services to be
4., Application/or Payment~The form acceptable
to ENGINEER which is to be used by Contractor in
requesting progress or final payments for the
completion of its Work and which is to be accompanied
by such supporting documentation as is required by the
Contract Documents.
5. Asbestos-Any material that contains more than
one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the Ul1ited States Occupational Safety
and Health Administration.
6. Basic Services-The services to be performed
for or furnished to OWNER by ENGINEER in
accordance with Exlubit A, Part 1, of this Agreement.
7. Bid--The offer or proposal of the bidder
submitted on the prescnbed form setting forth the prices
for the Work to be Performed. '
8. Bidding Documents-- The advertisement or
invitation to Bid, instructions to bidders, the Bid form
and attachments, the Bid bond, if any, the proposed
Contract Documents, and ,all Addenda. if any.
9. ' Change Order-A document recommended by
ENGINEER, which is signed by Contractor and
OWNER to authorize an addition, deletion or revision
in the Work, or an adjustment in the Contract Price or
the Contract Times, issued on or after the Effective Date
. .
of the Construction Agreement.
10. Construction Agreement-- The written
instrument which is evidence of the agreement,
contained in the Contract Docunients, between OWNER
and Contractor covering the Work.
11. Construction C ontract-- The entire and
'integrated written agreement between the OWNER and
Contractor concerning the Work.
12. Construction Coste-The cost to OWNER of
those portions oftbe entire Project designed or specified
by ENGINEER. Construction Cost does not include
costs Of services of ENGINEER or other design
professionals and consult<ints, cost of land, rights-of-
way, or compensation for damages to properties, or
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 8 of 12 pages
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I OWNER's costs for legal, accounting, insurance
counseling or auditing services, or interest and financing
charges inc~ed in connection with the Pfoject, or the
cost of other services to be provided by others to
OWNER pursuant to Exhibit B of this Agreement.
Construction Cost is one of the items comprising Total
Project Costs.
13. Contract Documents--Documents that,
establish the rights and obligationS of the parties
engaged in construction and include the Construction
Agreement between OWNER and Contractor, Addenda
(which pertain to the Contract Docwnents), Contractor's
Bid (including documentation accompanying the Bid
and any post-Bid docwnentation submitted prior to the
notice of award) when attached as an exhibit to the
Construction Agreement, the notice to proceed, the
bonds, appropriate certifications; the General
Conditions,' the Supplementary Conditions, the
Specifications and the Drawings as the same ar.e more
specifically identified in the Construction Agreement,
together with all Written Amendments, Change Orders,
Work Change, Directives, field Orders, and
ENGINEER's written interpretations and,clarifications
issued on or after the Effective Date of the Construction
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents.
14. Contract Price--The moneys payable by
OWNER to Contractor for completion of the Work in
accordance with the Contract Docwnents and as stated
in,the Construction Agreement.
15. Contract Times-- The nwnbers of days or the
dates, 'stated in the COIl$truction Agreement to: (i)
achieve Substantial Completion, and (ii) complete the
Work so that it is ready for final payment as evidenced
by ENGINEER's written recommendation of final
payment.
16. Contractor--An individual or entity with
whom OWNER enters' into 'a Construction Agreement.
17. Correction Period-- The time after Substantial
. Completion during which Contractor must correct., at no
cost to OWNER. any Defective Work, normally one
year after the date of Substantial Completion or such
longer period of time as may be prescribed by Laws or ,
Regulations or by the terms of any applicable special
guarantee or specific provision of the Contract
Documents. '
18.' Defective--An adjective which,', when
modifYing the word Work. refers to Work that is
unsatisfactory., faulty, or deficient, in that it does not
conform to the Contract Documents. or does not meet
the requirements of any inspection, reference standard,
test, or approval referred t,o in the Contract Documents,
or has been damaged prior, to ENGINEER's
recommendation of final payment.
19. Documents--Data, reports, Drawings,
Specifications, Record Drawings, and other
deliverables, whether in printed or electronic media
format, provided or furnished in appropriate phases by
ENGINEER to OWNER pursuant to this Agreement.
20. Drawings-- That part' of the Contract
Documents prepared or approved by ENGINEER
which graphically shows. the scope, extent, and
character of the Work to be performed by Contractor.
Shop Drawings are not Drawings as so defined.
21. Effective Date of the Construction Agreement-
The date indicated in the Construction Agreement on
which it becomes effective, but if no such date is
indicated, it means- the date on which the Construction
Agreement is signed and delivered by the last of the two
parties to sign and deliver.
22. Effective Date of the Agreement-- The date
indicated in this Agreement on, which it becomes
effective, but if no such date is indi~ated, it means the
date on which the Agreement is signed and delivered by
the last of the two parties to sign and deliver.
23. ENGINEER's Consultants--Individua1s or
entities having a contract with ENGINEER to furnish
services with respect to this Project as ENGINEER's
independent professional associates, consultants,
subcontractors, or vendors. The term ENGINEER
includes ENGINEER's Consultants.
24. Field Order--A written order issued by
ENGINEER which directs minor changes in the Work
but which does not involve a change in the Contract
Price or Contract Times.
25. Genera/Conditions-That part of the Contract
Documents which sets forth terms, conditions, and
procedures that govern the Work to be performed or
furnished by Contractor with respect to the Project. '
26. Hazardous Environmenta/ Condition-- The
presence at the Site of Asbestos, PCB's, Petroleum,
Hazardous Waste; or Radioactive Materials in such
quantities or circumstances that may present a
substantial danger to persons or property exposed
thereto in connection with the Work.
Standard form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 12 pages
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27. Hazardous Waste-The term Hazardous Waste
shall have the meaning provided in Set;tion 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
. .
28. Laws and Regulations; Laws or Regulations--
Any and all applicable laws, rules, regulations,
ordinances, codes, standards, and orders ofany and all
governmental bodies, agencies, authorities, and courts
having jurisdiction.
/
29. PCB 's--Polychlorinated biphenyls.
-
30. Petroleum--Petroleum, including crude oil or
any fraction thereof which is liquid at standard
conditions of teJl?perature and pressure (60 degrees
Fahrenheit and 14.7 pounds'per square inch absolute),
,
such as oil, petroleum, fuel oil, oil sludge, oil refuse,
gasoline, kerosene, and oil mixed with other non-
Hazardous Waste and crude oils. '
31. Radioac,tive Materials-Source, special
, nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 201 I et seq;) as
amended from time to time.
32. Record Drawings-The Drawings as issued for
construction ,on which the ENGINEER, upon
completion of the Work, has shown changes due to
Addenda or Change Orders and other information which
ENGINEER considers significant based on record
documents furnished by Contractor to ENGINEER and
which were annotated by Contractor to show changes
made during construction. '
33. Reimbursable Expenses-- The expenses
incurred directly by ENG INEER in connection with the
performing or furnishing of Basic and Additional
Services for the Project for which OWNER shall pay
ENGINEER as indicated in Exhibit C.
34. Resident Project Representative--The
. authorized representative of ENGINEER, if any,
assigned to assist ENGINEER at the, Site during the
Construction Phase. The Resident Project
Representative will be ENGINEE,R's agent or, employee
and under ENGINEER's supervision. As used her~in,
the term Resident Project Representative ~cludes any
assistants of Resident Project Representative agree.d to.
by OWNER. The duties and responsibilities of the
Resident Project Representative are as set forth in
Exhibit D.
35. Samples--Physicil examples of materials,
equipment or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
36. Shop' Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled byor for
Contractor and submitted by Contractor to ENGINEER
to illustrate some portion of the Work.
37. Site--Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, rights-of-way and
easements for access thereto, and such other lands
furnished by OWNER which are designilted for use of
Contractor.
38. Specifications-That part of the Contract
Documents consisting of written technical descriptions
of materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
39. Substantial Completion--The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of ENGINEER, the
Work (or a specified part thereof) is sufficiently
complete, in accordance with the Contract Documents,
so that the Work (or a specified part thereof) can be
utilized for the purposes for which it is intended. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
40. Supplementary Conditions-That part of the
Contract Documents which aniends or supplements the
General Conditions.
41. Total Project Costs-- The sum of the
,Construction Cost, allowances for contingencies, the
total costs of services of ENGINEER or other design
professionals and consultants, cost of land, rights-of-
way, or compensation for damages to properties, or
OWNER's costs for legal, accounting, insurance
counseling or auditing services, or interest arid financing
charges incurred in connection with the Project, or the
cost of other services to be provided by others to
OWNER pursuant to ExhIbit B of this Agreement
42. Work--The entire completed construction or
, the various separately id~tifiable parts thereof required
to be provided under Ithe Contract Documents with
respect to this Project Work includes and is the result of
performing or furnishing labor, services, and
documentation necessary to produce such construction
and furnishing, installing, and incorporating all
'materials and all equipment into such construction, all
Standard Fonn of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 12 pages
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, as required by the Contract Documents.
43. Work Change Directive-A written directive to
Contractor issued on or after the Effective Date of the
Construction Agreement arid signed by OWNER upon
recommendation of the ENGINEER. ordering an
addition, deletion, or revision in the Work. or
responding to differing or unforeseen subsurface or
physical conditions Wlder which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the cOntract Times
but is evidence that the parties expect that the change
directed or documented by a Work Change Directive
will be incorporated in a subsequently issued Change
Order following negotiations by the parties' as to its
eff~ct, if any, on the Contract Price or Contract Times.
44. Written Amendment--A written amendment of
the Contract Documents signed by OWNER arid
Contractor on or after the Effective Date of the
Construction Agreement and normally dealing with the
non-engineering or non-technical rather than strictly
coDstruction-re1ated aspects of the Contract Documents.
ARTICLE 8
PROVISIONS
EXlDBITS AND SPECIAL
8.01 Exhibits Included
A. ExhIbit A, "ENGINEER's Services", consisting of
20 pages. including Appendix 1.
B. Exlubit B, "OWNER's Responsibilities", consisting
of 4 pages. including Appendix 1. ,
C. ExhIbit C, ''Payments to Engineer for Services,and
Reimbursable Expenses", consisting of5 pages. including
Appendices 1 and 2.
D. · Exlubit D, "Duties, Responsibilities and
Limitations of Authority of Resident Project
Representative", consisting of 4 pages.
E. · Exhibit E, ''Notice of Acceptability of Work",
consisting of2 pages.
f; · Exlubit F, "Construction Cost Limit", consisting
of~
G. Exlubit G, "Insurance", consisting of~
H. Exh!bit H, "Dispute Resolution", consisting of.l
~
I. Exhibit I, "Allocation of Risks", consisting of 1
.~
· To be completed prior to entering in to Phase III (Design
and Construction Phase).
8.02 Total Agreement
A. This Agreement (consisting of pages 1 to 12
inclusive, together with the Exlubits identified above)
constitutes the entire agreement between OWNER and
EN G INEER and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed
written instnnnent
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 11 of 12 pages
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IN WITNESs WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on
page I.,
Title:
ENMj~
By: Richard J. Laschober '
Date Signed:
o /l.--'
tllf (,9f
Title: Chainnan
, Date Signed:
D~Sign~ ~15
. 01... &i,",~ . ~() ~r---..
By: James W. Gossett
Title: Vice Chainnan
o.l(.~
Date Signed
1}-'/Ti
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Designated Representative (paragraph 6.02.A):
Designated Representative (paragraph '6.02.A):
Jo~
wrEl> MEtE fl..
Richard J. Laschober
Title: ASST. ~t ~6c. T'o~
Phone Number: l, 0 .. ) '1 (. - c;-o, 'L
Facsimile Number: (70,)'1& - "2.(. 4-"
Title:
Project Manager
Phone Number:.
706-n4-~7~6
Facsimile Number: 706. n4-19~ li
E-Mail Address: Tw 72 toO? Co. ra Cot, 1lI'0ttJ. j~ ,'u~ E-Mail Address: mllilhoY@jla-f"T1gin~t": c.om
TlIIt docU1!ltnllP\lmtd u
'~~l!;;'
omey a
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 or 12 pages
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This is EXHIBIT A, Consisting of 9 pages, referred to in and part
of the Agreement between OWNER and ENGINEER for
Professional Services dated, ,.,./17. , 191%.....
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ENGINEER's Services
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. ENGINEER
shall provide Basic and Additional Services as set forth below.
PART 1-- BASIC SERVICES
Al.OI Study and Report Phase (See Exhtbit J\,Appendix for Detailed Scope of Services for Phase I - III Fieldwork and
System Evaluation, and Phase IT - Complete Basin Prioritization and Capacity Analyses)
A. ENGINEER shall:
I.' Consult with OWNER to define and clarifY OWNER's requirements for the Project and available data.
2. Advise OWNER as to the necessity of OWNER's providing data or services of the types descnbed in Exhtbit
B which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such data and services.
3. IdentitY, consult with, and analyze requirements of governmental authorities havingjwisdiction to approve the
~'ons of the Project designed or specified by ENGINEER, including but not limited to mitigating measures identified
in the environmental assessment. '
% ' ",.,";..",,$
4. IdentitY and evaluateA8 lB81'8 t\.;~ p'~ m 'llt~,,~ solutions available to OWNER and, after consultation with ,.
f\'1;;D OWNER, recommend to O~R those solutions which in ENGINEER's judgment meet OWNER's requirements for
l' ' the Project. .
5. Prepare deliverables and Intermediate Report as defined in Appendix 1 of this Exhibit.
6. Furnish -L. review copies of the Intermediate Report to .oWNER. within .u2. days of authorization to begin
services and review it with .oWNER.
7. Receive Intermediate Report comments OWNER and other parties and address and incorporate, as! appropriate,
into Phase. IT Study, Analysis and Report. '
Page 1 of9 Pages
Exhtbit' A - ENGINEER's Services
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R ENGINEER's services lDlder the Study and Report Phase will be considered complete on the date when the fmal copies, '
of the revised Report have been delivered to OWNER.
Note: Thefollowing Part I sections involving Phase III Design and Construction Management will befinalized after the'
extent of work is determinedinPhase I mId Phase II.
AI.02 Preliminary Design Phase
A. After acceptance by OWNER of the Report, selection by o.WNER of a recommended solution and indication of any
specific modifications or changes in the scOpe, extent, character, or design requirements of the Project desired by OWNER,
and upon written autho~tion from OWNER, ENGINEER shall: .
1. On the basis of the above acceptance, selection, and authorization; prepare Preliminary Design Phase documents
consisting of fmal design criteria, preliminary drawings, outline specifications and written descriptions'ofthe Project.
2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will
be based upon information obtained from utility owners.
3. Advise 0 WNER if additional reports, data, information, or services of the types descnbed in ExhIbit B are
necessary and assist OWNER in obtaining such reports, data, information, or services.
4. Based on the information contained in the Preliminary Design Phase documents; submit a revised opinion of
probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER, which will be itemized
as provided in paragraph A 1.0 I.A.5.
5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: to be determined
6. Furnish the Preliminary Design Phase documents to and review them with OWNER.
7. Submit to OWNER
probable Construction Cost within
fmal copies of the Preliminary Design Phase documents and revised opinion of
days after authorization t~ proceed with this phase.
B. ENGINEER's services lDlder the Preliminary Design Phase will be considered complete on the date when final
copies of the Preliminary Design Phase documents have been delivered to OWNER. \
A1.03 Final Design Phase
A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable
Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER-directed modifications or
,changes in the scope, extent, charact~, or design requirements of or for the Project, and upon written authorization from
OWNER, ENGINEER shall:
1. ' On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the scope,
extent, and character of the Work to be perfoi-med and furnished Py Contractor. Specifications will be prepared, where
appropriate, in general conformance with the 16-division format of the Construction Specifications Institute.
2. Provide technical criteria, written Aescriptions, and design data for OWNER's use in filing applications for
permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of ..the
Project and assist OWNER in consultations with appropriate authorities.
Page 2 of9Pages
'ExhIbit A - ENGINEER's Services
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3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to Total
Project Costs known to ENGINEER, itemized as provided in ,paragraph AI.O I.A.5.
4. Perform or provide the followi,ng additional Final Design Phase tasks or deliverables:
"AI Jl5. Prepare and furnish Bidding Documents for review and approval by OWNER its Ie. gal counsel, and other
~ advisors, as appropriate, and assist OWNER in the preparation of other related docwnents.
~ ' ,6. Submit/~ ~ 1the Bidding Docmnents and a revised opinion ofprobable consm:ction Cost to OWNER
~ within ' la~ after authorization to proceed with this phase. '
\ B. IIi the event that the Work designed or specified by ENGINEER is to be performed or furnished under more than
.a> one prime contract, or if ENGINEER's services are to he separately sequenced with the work of one or more prime ;,l,"
Contractors (such as in the case offast-tracking), OWNER and ENGINEER shall, prior to commencement of the Final
Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or
Negotiating, Construction, and Post-Construction Phases in order to sequence arid coordinate properly such services as are
applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an
amendment to Exhibit A whether or not the work under such contracts is to proceed,concurrently.
,c. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER's
compensation has been established under this Agreement is
D: ENGINEER's services under the Final Design Phase will be considered comp.1ete on the date when the
submitta1s required by paragraph AI.03 .A.6 have been delivered to OWNER. I
Al.04 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction Cost,
as determined in the Final Design Phase, and upon written authorization by OWNER to proceed, ENGINEER shall:
- ,
1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where
applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-Bid
conferences. if any, and receive and process Contractor deposits or charges for the Bidding Documents.
2. Issue Addenda as appropriate to clarify, correct, Qr change the Bidding Documents.
. 3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and entities
proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding
Documents. '
4. Perform or provide the following additional Bidding or Negotiating Phase t~ks or deliverables:
. ,
5. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evalUating Bids or proposals and
in assembling and awarding contracts for the Work.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or
upon cessation of negotiations with prospective Contractors (except as may be required if Exhtbit F is a part of this
Agreement).
Page 3 of9 Pages
Exhibit A - ENGINEER's Services
I
Al.05 Construction Phase
A. ,Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER,
ENGINEER shall:
1. General Administration ofConstl1lction Contract. Consult with OWNER and act as OWNER's representative
as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of
ENGINEER as assigned in said General Conditions shall not be modified, except as ENGINEER may otherwise agree
in writing. All of OWNER's instructions to Contractor will be issued through ENGINEER, who shall have authority to
act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said General
Conditions except as otherwise provided in writing.
2. Resident Project Representative rRPR), Provide the services of an RPR at the Site to"assist the ENGINEER
and to provide more extensive observation of Contractor's work. Duties, responsibilities. and authority of the RPR are
as set forth in Exhibit D. The furnishing of such RPR's services will not extend ENGINEER's responsibilities or
authority beyond the specific limits set forth elsewhere in this Agreement. '
3. Selecting Independent Testing Laboratory. Assist OWNER in the selection of an independent testing
laboratory to perform the services identified in paragraph .B2.0 1.0 .
4. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work
at the Site.
5. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the WOJ:'k which
in ENGINEER's judgement are necessary to enable Contractor to proceed. .
6. Visits to Site and Observation of Construction. In connection with observations of Contractor's work in
progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems
neCessary, in order to observe as an experienced and qualified design professional the progress and quality of the
Work. Such visits and observations by ENGINEER, and the Resident Project Representative, if any, are not
intended to be exhaustive or to extend to every l1$pect of Contractor's work in progress or to involve detailed
inspections of Contractor's work in progress beyond the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Docwnents"but rather are to be limited to spot checking, selective sampling, and
similar methods of general observation of the Work based on ENGINEER's exerciSe of professional judgment as
assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such
observations; ENGINEER will determine in general if Contractor's work is proceeding in accordance with the
Contrac~ Documents, and ENGINEER shall keep OWNER informed of the progress of the Work.
b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if any,
at the Site,' will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and
, 1.U1dertaken by ENGINEER during the Construction phaSe, and, in addition; by the exercise of ENGINEER's efforts
as an experienced and qualified design professional, to provide for OWNER a gr~ter degree of confidence that the
completed Work will conform in general to the Contract Documents ai1<;l that the integrity of the design concept of
the completed Project as a fimctioning whole as indicated in the Contract Documents has been implemented and
preserved by Contractor. 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. nor shall ENGINEER have authority
over or responsibility for the means, methods, techniques, sequenc~s, or procedures of construction selected by
Contractor, for safety precautions and'programs incident to Contractor:s work, or for any failure of Contractor to
Page 4 of9 Pages
Exhibit A - ENGINEER's Services
"
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comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly,
ENGINEER neither guarantees the performance of any Contractor nor. assumes responsibility for any Contractor.'s failure
to furnish and perform its work in ac.cordance with the Contract Documents.
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7. Defective Work. Recommend to OWNER that Contractor's work be disapproved and rejected while it is in
progress if; on the basis of such observations, ENGINEER believes that such work will not produce a compieted Project
that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents.
8. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the'
Contract Documents as appropriate to the orderly completion of Contractor's work. 'Such clarifications and
interpretations will be consistent with the intent of and r'easonably inferable from the Contract Documents. ENGINEER
may issue field Orders authorizing minor variations from the requirements of the Contract Documents. ,'1:
9. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to
OWNER. as appropriate, and prepare Change Orders and Work Change Directives as required.
10. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and 9ther datil. which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents and compatibility with the design concept of the completed Project as a
, fimctioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend
to means, methods, teclmiques, sequences or procedures of construction or to safety precautions and programs incident
thereto. ENGINEER has an obligation to' meet any Contr,actor's submittal s,chedule that has earlier been acceptable to
ENGINEER.
11. Substitutes and "or-equal "Evaluate and determine the acceptability of substitute or "or-equal" materials and
equipment proposed by Contractor, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A.
12. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably
necessmy, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations
or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the
results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that
the content or procedures of such.inspections, tests, or approvals comply with the requirements of the Contract
Documents. ENGINEER shall be entitled to rely on tp.e results of such tests.
13. Disagreements between OWNER and Contractor. Render formal written deeisions on all clllims of OWNER
-' aDd ContractOr relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract
DoCuments pertaining to the execinion and progress of Contractor's work. In rendering such decisions, ENGINEER shall
be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered
in good faith in such capacity. - I'
14. Applications for Payment. Based on ENGINEER's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of
payment will be in writing and will cOnstitute ENGINEER's representation to OWNER. based on such observations
and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed
to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to
an evaluation oftlle Work as a functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents,and to any other qualifications stated in the recommendation),
and the conditions precedent to Contractor's beirig entitled to such payment appear to have been fulfilled in so far
as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit price work, ENGINEER's
Page 5 of9 Pages
Exhibit A - ENGINEER's Services
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recommendations of payment will include final determinations of quantities and classifications of Contractor's work
(subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of ENGINEER
contained in paragraph AI.05.A.6.a are expressly subject to the limitations set forth in Paragraph A1.05.A.6.b and
other express or genera1limitations in this Agreement and elsewhere.
b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that
observations made by ENGINEER to check the quality or quantity of Contractor's work as it is performed and
furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed
inspecti<?JlS of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the
-Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending
payments rior ENGINEER's recommendation of any payment including final payment will impose on ENGINEER
responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques,
sequences, or procedur~s of construction or safety precautions or programs incident thereto, or Contractor's
compliance withLaws and Regulations applicable to Contractor's furnishing and performing the Work. It will also,
not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes
Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of
the work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security
interests, or encumbrances, or that there may not be other matters at issue between 0 WNER and Contractor that
might affect the amount that should be paid.
15. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the
Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data
approved as provided mder paragraph Al.05 A 1 0, and the annotated record documents which are to be assembled
by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such ENGINEER's
review will be limited as provided in paragraph Al.05.A.10.
c. ENGINEER shall transmit these documents to OWNER.
16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the-entire Work ready,
for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Wor~ is
SubstaJitial1y Complete. If after considering any objections of OWNER, ENGINEER considers the Work Substantially
Complete, ENGINEER shall deliver a certificate of Substantial Comp1etio!l to OWNER and Contractor.
17. Additional Tasks, Perfoml or provide the following additional Construction Phase tasks or deliverables:
18. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of
Contractor is acceptable so that ENGINEER may recommend, in writing, fmal payment to Contractor. Accompanying
the recommendation for final payment, ENGINEER shall also provide a notice in the form attached hereto as Exhibit
E (the ''Notice of Acceptability of Work")' that the Work is acceptable (subject to the provisions of paragraph A1.05.A.
14.b) to the best of ENGINEER's knowledge, information, and belief and based on the extent of~e services provided
by ENGINEER under this Agreement.
B. Duration of Construction Phase. The Construction Phase will commence with the execution of the firSt
Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by ENGINEER
for final payment to Contractors. If the Project involves more than one prime contract as indicated in paragraph Al.03.C,
Construction Phase services may be rendered at different times in respect to the separate contracts.
Page 6 of9 Pages
Exhibit A - ENGINEER's Services
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C. Limilalion of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor,
or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work
ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the
Contract Documents.
Al.06 Post-Construction Phase
~A'
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T.al.pnn ,,,,..,n- alt4kerimti8B t!'am O~~~~ ENGINEER, during the Post-Construction Phase; shall:
"
Provide assistance fu connection with the testing and adjusting of Project equipment or systems.
2. 'Assist OWNER in training .oWNER's staff to operate and maintain Project, equipment, and systems:
3. Assist OWNER in developing procedures for control of the operation and maintenance of, and record keeping
for Project equipment and systems.
4. Together with OWNER, visit the Project to observe any apparent defects in the Work, assist OWNER in
consultations and discussions with Contractor concerning correction of any such defects, and make recommendations
. as to replacemept or correction of Defective Work, ifpresent.-
~ P<Tf~nn 0' pmvide the following additiooal Post-Coostruction ;lwe tasks 0' delivernbl,,'
~ ,- t:. ** SEE BELOW . ,
6. In company with OWNER or OWNER's representative, provide an inspection of the Project within one month
before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction.
B. The Post-Construction Phase Services may commence during the Construction Phase and, if not otherwise modified
in this Exlubit A. will terminate at the end of the Correction Period
PART 2 - ADDITIONAL SERVICES
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A2.01 Additional Services Requiring OWNER's Authorization in Advance
A. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the
types listed below. These services will be paid for by OWNER as indicated in Article 4 of the Agreement.
l. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for
private or governmental graQts, loans or advances in connection with the Project; preparation or review of environmental
assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of
any such statements and documerits prepared by others; and assistance in obtaining approvals of authorities having
jurisdiction over the anticipated environmental impact of the Project.
2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verifY the
accuracy of drawings or other information furnisbed by OWNER.
~. Se~ices resulting from significant changes in the scope, extent, or character of the portions oftbe Project
designed or specified by ENGINEER or its d~sign requirements including, but not limited to, changes in size,
complexity, OWNER's schedule; character of construction, or method offinancing; and revising previously accepted
studies. reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws
~A and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any other causes b~yond
J W ENG41NE:::~ from OWNElr, request to evaluate additional Study and Report Phase alternative ,olutions
~ beyond those identified in paragraph Al.O 1.AA.
Yr~' **Prepare six sets of reproducable record drawings showing record information which
,which ENGINEERi:considers significant based on the Drawings, Shop Drawings, and other record
documents furnished by Contractor to Page 7 of9 Pages show all changes made during construction.
ENGINEER will not be responsible Exhibit A ~ ENGINEER's Services for any errors in or omissions in
the information provided by Contractor that is incorporated in the record drawings or other
record documents.
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5. Services required as a result of OWNER's providing incomplete or incorrect Project information with respect
to Exhibit B.
6. Providing renderings or models for OWNER's use.
7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations,
maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations. rate
schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing,
and assisting OWNER in obtliining process licensing; detailed quantity surveys of materials, equipment, and labor; and
audits or inventories required in connection with conStruction performed by 0 WNER.
8. 'Furnishing services of ENGINEER's Consultants for other than Basic Services.
9. Services attnbutable to more prime construction contracts than specified in paragraph AI.03.C.
10. Services during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's of
office.' .
11. Preparing for, coordinating with. participating in and responding to structured independent review processes,
including, but not limited to, construction management, cost estimating, project peer review, value engineering, and
constructJ.bility review requested by 0 WNER; and performing or furnishing services required to revise studies, reports,
Drawings, Specifications, or other Bidding Documents as a result of such review processes.
12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by
OWNER for the Work or a portion thereof. '
13. D~termin.ing the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating
Phase when substitution prior to the award of contracts is allowed by the Bidding Docwnents.
14. Assistance in connection with Bid pr<?tests, rebidding, or renegotiating contracts for constructi()n, materials,
equipment, or services, except when such assistance is required by Exlubit F.
IS. Providing construction surveys and staking to enable Contractor to perform its work other than as required
under paragraph A1.05.A5, and any type of property sw:veys or related engineering services needed for the transfer of
interests in real property; and providing other special field surveys.
16. Providing Construction Phase services beyond the Contract Times set forth in Exhibit C.
17. Providing assistance in resolving any Hazardous Environmental Condition incompliance with current Laws
and Regulations. ,
18. Preparing and furnishing to OWNER Record Drawings showing appropriate record information based on
Project annotated record documents received from Contractor.
19. Preparation of operation and maintenance manuals. '
20. Preparing to serve or serving as a consuJ.tant or witness for OWNER in any litigation, arbitration or other .
dispute resolution process related to the Project.
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21. Providing more extensive services required to epable ENGINEER to issue notices or certifications requested
by OWNER under paragraph 6.01.G of the Agreement. .
22. Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement. "
Page 8 of9 Pages
Exhibit A - ENGINEER's Servi~es
A2.02 Required Additional Services
A. ENGINEER shall perform or furnish, without requesting or receiving specific advance authorization from OWNER
the Additional Services of the types listed below. ENGINEER shall advise OWNER in writing promptly after starting any
such Additional Services. '
1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by
OWNER so as to make the compensation commensurate with the extent of the Additio~1 Services rendered.
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute
materials or equipment other than "or-equal" items; and services after the award of the Construction Agreement in
evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an
excessive number of substitutions.
3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result.
of materials, equipment, or energy shortages.
4. Additional or extended services during construction made necessary by (I) emergencies or acts of God
endangering the Work, (2) an occurrence ofa Hazardous Environmental Condition, (3) Work damaged by fire or other
cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5)
acceleration of the progress schedule involving services beyOnd normal working hours, or (6) default by Contractor.
5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial
utilization of any part of the Work by OWNER prior to Substantial Completion.
6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the Work.
)
Page 9 of9 Pages
Exhibit A - ENGINEER's Services
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This is APPENDIX 1 to EXlllBIT A, consisting of I 1 pages,
referred to in and part Or the Agreement between OWNER and
ENGINEER for Professional Services dated
1998.
Ini~ial ~
OWNE
ENGINE
~~
Detailed Scope of Services
1. PROJECT DESCRIPTION
The scope of work to be provided by CONSULTANT includes all necessary professional services for the following:
This scope of services has been prepared for the sew~ rehabilitation project for Butler Creek, Rocky Creek, and Spirit
Creek Basins. This project has been separated into three phases:
Phase I - III Fieldwork and System Evaluation
Phase II - Complete Basin Prioritization and Capacity Analyses
Phase ill - Design and Construction Management
Phase I of the project consists of the syStem evaluation and fieldwork. Phase II consists of the completion of basin
prioritization and capacity issues, including the development of recommendations for sewer system rehabilitation.
A detailed scope for Phase I and a brief scope outline for Phase II are provided in 2. Services Included. A detailed
scope of work and fee for Phase II will be prepared and added to this agreement by amendment after the extent
of the work is determined in Phase I. Phase ill consists of the design and construction management of
rehabilitation projects. A detailed scope of work and fee for Phase ill will be prepared and added to this agreement
by amendment after the extent of the work is determined in Phases I and II.
The tasks included as part of this scope for Phases I and II include the following:,
Task I -
Task 2
Task3 -
Task 4 -
Task5 -
Task 6 <_
Task? -
Task 8 -
Task 9 -
Project Management
Mobilization
Mapping
Manhole Inspection
InflltrationlInflow Field Work
Sewer Condition Inspection
Flow Modeling
Intermediate Report .
Study, Analysis, and Reporting
2. SERVICES INCLUDED
The professional services provided by the CONSULT ANT for the above described project shall incfude the
' following tasks:
, TASK 1- PROJECT MANAGEMENT
This task is divided into the following subtasks:
1.1 Project Schedule, Coordination, and Control
1.2 Establish Standards
Page I of 11 Pages
(Appendix I to Exlubit A - Detailed Scope of Services)
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1.3
1.4
Manage Budget
Coordination and Communication with OWNER
Phases I and II:
Project management services will be performed for all phases of work.
1.1 Project Schedule, Coordination, and Control
"
Completion of this project OIl time and within budget requires a well-organized and efficient administrative effort.
This step includes work planning, scheduling of personnel, and conducting an initial meeting with the OWNER
to review the types and location of available information. At the initial meeting with the 0 WNER, the work scope
and schedule will be discussed, and key issues will be identified. Based on these discussions, the CONSULT ANT
will develop a project schedule to reflect the work scope identified.
Project administration includes the development and maintenance of a project filing and document control system;
operation of project office space and communication systems; cO!lducting, regular project team meetings for
effective communications and coordination; tracking actual project progress and costs in comparison to the work
plan and schedule; and preparing project status reports to keep the project team and OWNER officials apprised
of the project progress. ' .
1.2 Establish Standards
CONSULTANT will review OWNER's existing design and construction standards and establish proposed
standards of design an!! construction for sewer rehabilitation methods. This includes establishing OWNER's
requirements concerning the extent of analysis and investigation for which services are being offered as part qf the
bond issue.
1.3 Manage Budget
Project budgets will be established and managed effectively to account for components of each Phase of this
project. This includes tracking actual project progress and costs in comparison to the work plan and schedule
developed at the outset of the project Each major subcontractor will submit monthly status reports tracking actual
work progress versus both schedule progress and actual work progress and actual costs of work completed. The
CONSULT ANT will utilize these to make any necessary adjustments in project resource alIocations.
1.4 Coordination and Communication with OWNER
The overall objective of the project administrative effort is to ensure effective utilization of project resources and
provide the high level of communication and coordination among members of the' CONSUL T ANT and between
Team and OWNER staff that is essential for successful project completion.
We anticipate conducting approximately one formal scheduled meeting every 6 to 8 weeks for this project. Routine
informal meetings with the OWNER's Project Manager will be conducted as necessary to ensure eff~tive
coordination of the work. but such ~ project communications are considered to be integral parts of the various
work tasks.
TASK'2 - MOBIL~ATION
This task is divid~d into the following sub tasks: '
2.1 Review Existing Data and Reports
2.2 Pre~Field Study Meeting .
rv
Page :2 of 11 Pages
(Appendix I to Exhibit A - Detailed Scope of Services)
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Phases I and D:
Mobilization services will be performed for all phases of work.
2.1 Review Existing Data and Reports
I-
The first component of this step is to detennine what information is available. We will work closely with OWNER
staff to gather available information including the following:
Maps (as-builts, design drawings, digital maps (.dwg); etc.)
Flow data from the Water Pollution Control Plants
Rain data from the Water Pollution Control Plants
Pump station data (flows, cycling information, etc.)
Reports (master plan, previous III and sewer system evaluation studies, etc.)
Groundwater data
Geotechnical data
Population data
· Manhole nwnbering system
· Existing closed-circuit television inspection tapes
Any upstream flow meter data that may be of use in analyzing our flow meter data and in evaluating
inftltration and inflow (III) in the system
2.2 Pre-Field Study Meeting
This step includes work planning, scheduling <:>fpersonnel, and conducting an initial meeting with the OWNER
to review the types and location of available information. This meeting is important and will allow the
CONSULT ANT to receive feedback from the OWNER on desired focus and approach for this project.
TASK 3 - MAPPING
This task includes defmition of the network system, digitization and allocation of all sewer Jines in the Butler
Creek, Rocky Creek, and Spirit Creek Basins, development of an identification system with controls for graphical
representation, and mapping of all three basins in electronic format. Digital sewer maps will be prepared as
"visually correct" representations on the OWNER's GIS Base Map. The term "visually correct" means in
comparison to existing sewer plans. In general, mapping does not include field verification for "visual
correctness". Where it is known that the existing plans are in conflict with the field., digital input will be modified
to reflect the field. This task is divided into the following subtasks:
3.1 Prepare Digital Maps for GIS
3.2 Set Up Database
Phase I: All work under Task 3 - Mapping will be performed as part of Phase I.
3.1 Prepare Digital Maps for GIS
The purpose of this task is to provide the OWNER with the position of manholes and sewers relative to roads and
streets: This will assist in field'location of these structures by OWNER staff. The digitizing effort proposed herein
will not include buildings or revised topography, and will not involve any land or aerial survey work to create
precise positioning of roads and streets. Instead., the digitizing effort will provide a visual level of accuracy. in
relation to existing physical features shown on the GIS maps.
3. La Develop Manhole Identification System. OWNER's sewer manhole identification system will be
reviewed and augmented or modified as necessary. An identification system is needed to identiJY each maiiliole
during fieldwork and to identifY each node and pipeline reach for the computer model. Discrete identifiers will
be assigned to all manholes, c1eanoUlS, and other structures within the sewer collection system. The identification
system 'will be fleXIble to allow for identification of new manholes, buried manholes, and W1.located manholes.
Page 3 of II Pages
(Appendix I to Exhibit A - Detailed Scope of Services)
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3.1.b Develop GIS Sewer Layer and Perform QAlQC. Manholes, collector pipes of8-inches in diameter
to interceptors, and manhole identifiers will be digitized as a layer into the OWNER's GIS system. After the
manholes and pipelines are digitized, each GIS map be plotted and checked following the procedures outlined
below. The quality assurance/quality control (QNAC) procedures will consist of the following:
GIS map will be reviewed for completeness.
~ Manhole identifiers will be checked for validity in accordance with the established manhole identification
system.
Manhole and pipeline connectivity will be checked with the MOUSE database.
Manhole/pipelines that do not appear to follow the street right-of-way (i.e. transverse through lots) will be
checked against the maps and recommended for spot checking in the field to verifY the situation
The GIS sewer layer will be updated and provided to the OWNER for incorporation into the OWNER's GIS
system. CONSULTANT is responsible for the placement of the manholes ana pipelines on the GI,S maps and the
textural database describing the sewer collection system.
All additions and modifications to the sewer map layer resulting from manhole inspections and sewer condition
inspection work (Phase II- Task 6) will be digitized into the OWNER's GIS system.
3.2 Set Up Database
CONSULTANT will develop a GIS database that will store all of the physical system information to be linked to
,the MOUSE hydraulic model. Each data record in the database will be encoded with the appropriate sewer
segment identifier. In this way, the MOUSE results may be integrated with the GIS sewer coverage, to support "
graphic query and display of results. '
Data collected as part of this project, including manholes, force mains, pump stations, and associated attrIbutes,
and hydraulic capacity and bas~ flow estiniates will be loaded into the OWNER,' sGIS.
Phase D:
No work under Task 3 - Mapping will be performed as part of Phase II.
TASK 4 - MANHOLE INSPECTION
Phase I:
Perform low-level (aboveground) inspection of200 manholes as part of Phase I.
The purpose of this task is to complete low-level manhole and pipe inspection to determine the physical condition
of the collection system and to identifY possible sources of III. There is no descent into the manhole for data-
capture during low-level inspection.
Each of the following items will be checked:
The casting/cone condition and manhole cover will be evaluated'for such items as vented covers that are in
low ponding areas since defects in casti,ng cone connections and covers are possible inflow sources. A surface
orientation photograph will be taken;
Manhole walls will be checked for integrity and signs of root intrusion, heavy infiltration, deterioration of
mortar joints, loose or missing bricks, sjgns of surcharge level. etc. A photograph of the plan view of the
manhole will be taken.
The bench wi1l be checked for types and depthS of debris, flow conditions through the manhole, and any signs
of settlement that may impede achieving design flows.
Sewer lines entering and leaving each manhole will be compared to existing maps and coqections will be
noted. , All sewer lines entering and leaving the manhole will be manually inspected or remotely viewed to
determine the manhole line condition and establish if any manhole settlement has separated or sheared
pipelines.
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Page 4 of 11 Pages
<Appendix I to Exhibit A - Detailed Scope of Services)
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At a minimum, the following diia Will be recorded for each 10w-ievei manhole inspection:
· Identity of each manhole in accordance with agreed manhole identification systeQl
· Covered (buried or paved over) or unlocated manholes
Depth of manhole
Manhole size and opening
Number and size of holes, if any, in vented manhole cover
, Construction materials
· Direction of flow
Surcharg~ level
Photograph
These data will be entered onto physical inspection forms in the field, and then entered into the GIS database in
the office. Both hard copy and digital formats will be submitted to the OWNER following completion of the
inspections. '
Phase II: Perform low-level inspection on 500 manholes, and intermediate level inspection on 700 manholes,
according to preliminary results of flow analysis and modeling. There is no descent into the manhole for data-
capture during intermediate-level inspection. By mutual agreement between OWNER and CONSULTANT, the
number of manholes receiving low-Ieve~ or intermediate level inspection may be adjusted provided that the total
amount budgeted for manhole inspection is not exceeded. In addition to those items listed above for low-level
inspection, the following items will be checked as part of intermediate-level inspections:
"
Inspection of each incoming and outgoing pipeline to determine line conditions. Manual measurement/remote
estimate to establish size of sewer will be taken and pipeline material will also be noted. Photographs of
pipelines upstream and downstream of the manhole will be taken.
Any silt deposition that reduces flow capacity will be recorded and silt depth will be measured/estimated.
Observed defects (root intrusion, cracked pipe, obstructions, etc.) will be documented and photographed.
TASK 5 - INFIL TRA TIONIINFLOW FIELDWORK
The current flows need to be measured to quantify the wastewater and III carried by the Butler Creek, Rocky
Creek, and Spirit Creek Interceptors at various locations along the lines. CONSULT ANT will assist OWNER in
maintaining good public relations 9Y training and educating crews about the project and dealing with the public.
Crews will have experience in working with the public and will present a professional image. .
This task is divided into the following sub tasks:
5.1 Develop Flow Monitoring Plan
5.2 Perform Flow and Rainfall Monitoring
5.3 . Analyze flow Data
Phase I: All work under Task 5 ~ Inf1ltrationlInflow fieldwork will be performed !is part of Phase 1.
5.1 Develop Flow Monitoring Plan
Working closely with OWNER's staff, CONSULT ANT will develop a flow monitoring plan to measure
wastewater flows and quantify III.
5.2 . Coordinate Private ,Property Investigations
CONSUL r ANT will initiate contact with property owners where it is necessary to enter their property for the
investigation. Where permission is denied, CONSULTANT will provide OWNER with all necessary information
inc1uding the area, time and anticipated duration of occupancy so that OWNER c~ obtain official right of entry.
Page 5 of 11 Pages '
(Appendix I to Exlubit A - Detailed Scope of Services)
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CONSULTANT shall acknowledge that a delay of two weeks may be necessary to obtain entry and shall
coordinate the work to avoid delays.
5.3 Perform Flow and RaiIjfaU Monitoring
An integral part of this contract is the monitoring of flows during dry and wet weather conditions. In
association with the installation of approximately twenty-nine (29) gravity flow monitors, six (6) rain
gauges will also be installed for the continuous data collection of rainfall events during the flow
monitoring period.
5.3',a Site Investigations oCMonitoring Sites. After selection of the proposed flow and rainfall monitoring
locations, the CONSULTANT will conduct a field review of the potential monitoring sites to confirm the adequacy
of the sites from a hydraulic, engineering, and security standpoint. The CONSULTANT will remove any debris
or sediment that would influence the determination of wastewater flows or another appropriate site will be located.
A hydraulic site report will be completed for each location where a flow monitor is placed.
5.3.b Installation, Calibration, and Maintenance oCFlow Meters. Each proposed monitoring site will be
inspected to determine the hydraulic suitability of the metering location. Once this has been ascertained the flow
monitoring units will be installed. All sensors shall be calIbrated and verified at the monitoring site upon
installation. The calIbration will consist of taking a velocity profile using a portable velocity meter. The average
velocity determined by the velocity profile should not deviate from the average velocity recorded by the monitor
by more than 10 percent.
Routine maintenance and service will be initially performed twice per week at each monitoring site. Once
reliability of a meter has been established at a site, inspections will be performed on a weekly basis. Each
instrument and its sensors will be inspected to determine they are operating and free of any debris. A. direct
measurement of depth and velocity will be performed. A formal log of each maintenance check will be recorded
and filed. The manhole mnnber (meter location), date, time on meter, and time of manual depth measurement will
be recorded on the log. During this phase, maintenance computer forms will be completed each time a site is
checked, and kept for the duration of the project.
5.3.c Flow Monitoring Period, Equipment and Operation. The flow monitors will be installed and will be
maintained for a period of forty-nine (49) days. The monitors will collect data on 5-minute intervals, unless
otherwise indicated. Consideration will be given to changing the time interval to 15 minutes where it can be
established by CONSULTANT that data captured at that interval is representative of the flow conditions at the site.
The basic instruments used to monitor flows will be American Sigma velocity/depth flow meters. The
measurement of velocity will be achieved using digital Doppler velocity sensors. The measurement of depth will
be achieved by bubbler depth sensors, un1ess otherwise specified. After the data are up-loaded to a comp!lter, they
will be plotted to compare data from the unit to the calibrations performed by the field crews. Upon completion
of the flow-monitoring phase of the project. all flow meters, rain gauges, and installation hardware will be
removed.
5.3.d RainCaUEvent Monitoring. Adequate rainfall will be necessary to establish the relationship between .
rainfall dependent infiltration and inflow (ROllI) and rainfall. The rainfall event monitoring will be performed
simultaneously with the flow monitoring activity. RainfaU data will be collected continuously during significant
rain events and totals recorded every 5 minutes, field personnel will install c~tinuous recording rain gauges
capable of measuring to an accuracy of 0.0 1 inches. Data from the rain gauges will be used to analyze each storm
. event and establish the intensity of rainfall and storm event duration. The coNSULTANT will be responsible for
, securing the sites against potential vandalism. Each rain gauge will be calIbrated twice (once during initial
iIistallation and again during the monitoring period) and will also be inspected weekly to coincide with flow meter
inspection.
5.3.e Calibration. CalIbration prOCedures for the equipment will be performed at least once a week. The
distnbution of flow velocities within the wetted cross-section will be obtained using the hydraulic profile method.
Hydraulic profiling is accomplished by measuring independent point velocities at predetermined coordinates within
Page 6 of 11 Pages
(Appendix I to ExhIbit A - Detailed Scope of Services)
"
the wetted cross-section and then integrating them to product?, the average velocity. At least 5 independent
verifications of the depth of flow and the velocity measurement will be performed at various times of the day to
capture the full range offlows for each site, i.e., early morning, mid-day, late night, etc. As prescnbed by the data
analyst, volumetric tests or weir tests may be required to augment the, hydraulic calibration effort at any site.
It is noted that the OWNER's system may contain sites that require fewer or more calIbrations. Additionally,
drainage basins may not be adequately defined. CONSULTANT reserves the right to reduce the number of
, calibrations at any particular site and to increase calibrations at another in exchange, such that the total combined
effort does not exceed the average of 6 calibrations. After the initial 2 weeks of data is reviewed by
CONSULTANT, a calIbration acceptarice list and an alternative priority calibration list will be developed. This
alternative priority calibration list will be used to target strategically important sites, hydraulically difficult sites,
or system imbalances. It is understood that the calIbration exercise will be performed during the monitoring
period.' ,
5.3.r Cleaning. Minimal Cleaning of some manhole inverts may be required to facilitate installation of flow
meters.
5.3.g System UpTime. The minimum system up time for the flow quantity throughout the monitoring period
will be guaranteed at 90 percent 'System up time will be guaranteed for both dry and wet weather conditions.
Should either the dry' weather up time or the wet weather up time at anyone site not be met, the monitoring period
will be extended for the entire network at no additional cost to OWNER to capture the missing dry or wet weather
data. '
5.4 Analyze Flow Data
Flow monitoring data will be analyzed to determine the following:
Average base flow
Infiltration rates under groundwater conditions
Peak inflow rates under high groundwater conditions
Relationship between peak inflow and rainfall intensity
Average base flows are developed by establishing a 7-day dry weather hydrograph during non-rainfall periods.'
Grouridwater infIltration (GWI) rates in each subbasin will be calculated by subtracting calculated sanitary flow
from dry' weather flow chning the metering period G WI can be computed by solving the following simultaneous
equations:
"
ABF
MBF
MSF
ASF + GWI
MSF + GWl
0.2 x ASF
where
ABF ==
ASF ==
'MBF
MSF ==
average base flow
average sanitary flow
minimum b~e flow
minimum sanitary flow
The resultant equation for GWI is:
GWI
ABF - ((ABF - MBF) / 0.8)
Since ABF and MBF are measured values that can be determined from the flow monitoring data, the estimated
G WI can be computed from these data.
Sanitary flow peaking factors will be developed from the flow monitoring data. The average sanitary flow from
Page 7 of 11 Pages
(Appendix I to Exhibit A - Detailed Scope of Services)
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each monitored area will be plotted against the area maximum hourly flow. A peaking factor curve will then be
developed from this information; and the peak sanitary flows will be determined.
Rainfall-dependent infiltration/inflow (ROllI) will be determined by separating the RDIII from the wet-weather
flow data. This separation is necessary so that the RDIII volume and peak can be projected to a design rain event
condition. RD III is calculated for each measured rain, event by subtracting dry-weather flow from wet-weather
flow. We have found that the quantity of RDIII is highly dependent on antecedent soil conditions. As the soil
becomes saturated, more RDIII can be expected. for this reason, the capacity analysis of the existing system must
be conducted for saturated soil conditions when RDIII is at a maximum.
In.addition to soil conditions, the amount ofRDI/I is also dependent on the intensity and duration of each rainfall
event Our team has developed custom software which is capable of synthetically simulating the amount ofRDIII
for any given design rainfall event.
Infiltration and inflow rates and ratio of peak III to base flow will be determined.
Phase II:
. ,
No work under Task 5 - 1nf1ltrationlInflow fieldwork will be performed as part of Phase II.
TASK 6 - SEWER CONDmON INSPECTION
Phase I:
No work under Task 6 - Sewer Condition Inspection will be performed as part of Phase I.
Phase ll: Sewers within the limits of the evaluation will be identified and prioritized based on flow metering
data. manhole inspection data. and hydraulic analysis results for smoke testing and for inspection by closed-circuit
television.
6.1 Smoke Testing
Sewer reaches will be identified for smoke testing based on analysis of flow monitoring data. Smoke testing is
intended to detect specific inflow points such as storm sewer cross-connections; point source inflow leaks in
drainage paths or ponding areas; roofleaders; cellar, yard and area drains; abandoned building sewers; and faulty
service connections. Smoke testing will be performed during dry periods (non-rainfall events and low groundwater
conditions) to maximize !he effectiveness of the smoke-testing program. '
Public notification is very important in smoke testing. If a house is not properly plwnbed or a trap is dry, smoke
may enter the house. During the smoke-testing phase, CONSULTANT will communicate daily with the local fire
department and citizens being affected by the testing. The OWNER and the appropriate public safety agencies'
(fire and police departments) will be notified of the location of field, crews each day prior to commencing the tests.
Notices will be distnbuted to nearby residences and businesses approximately 24 to 48 hours in advance of smoke
testing in any given area. Notices for testing on Mondays will be distnbuted the preceding Friday. Key contacts
at affected municipalities other than 9WNER' s will also be notified before initiation of smoke t~ting activities
in their jurisdiction.
The 5ID;oke test crew will walk the sWTounding area and visually detect the presence of smoke escaping from the
sewer through leaks, breaks, and odler III sources. ,Smoke test results will be recorded on preprinted, computerized
data forms. A Smoke sketch will ~ prepared that includes the smoke testing personnel, location (address or house
number), data, and a schematic layout of the manhole and sewer line under testing. The smoke data identify the
type of defect. the area and type of surface drained by ,the l~ and tie the leak to at least two measured distances
from permanent objects. Estimated leak rates are assigned, and the size and density of the smoke encountered is
noted with reference to the ~ nature of the Problem. The data from' the form describing the smoke test leak
will be entered into the existing proprietary asset computer database and, subsequently, to the GIS and MMP,
databases., '
Page 8 of II Pages
(Appendix I to Exhibit A - Detailed Scope of Services)
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Color photographs will be taken for each defect, showing the amOlmt of smoke from the leak. The photograph will
be close enough to show the exact source of smoke. The photographs will be numbered in a logical, consecutive
manner to ensure the leak can be identified at a later date.
Smoke testing data will be analyzed to quantifY observed defects and to identifY potential dyed water flooding
locations. Summary reports will be produced to itemize the number and type of smoke leaks for each subbasin.
This information will allow CONSULTANT to characterize the I/I sources in each subbasin and compare the
relative severity ofI/I problems. This type of summary will provide the OWNER with a big picture view of the
smoke testing results. The detailed data will also be used to identify specific sources requiring further verification.
6.2 lV Inspection
TV inspection will be performed uSing a color TV monitor and camera on line segments suspected as entry points
for I/I based on analysiS of results of previous field testing techniques. Where conventional TV inspection
equipment is inappropriate and cannot be used, sonar, or combinedsonarrrV inspeCtion (TIS~m will be used.
The prlmar)rpurpose of this eqcipment is to ensure that sewers will be surveyed regardless of the level of flow and
quantity of silt encOlmtered
TV inspection and 11Scrr data will be used to determine the location and extent of any defects within a pipe that
may permit infiltration and inflow to the sewer. .
During TV inspection, the specific location ofI/I sources and pipe defects, the overall condition of the pipe, and
the estimated flow rate in'the selected segments will be determined Descriptive records of all structural defects,
service connections, abnormal conditions and other pertinent observations will be documented Computerized
entry of TV inspection data will be performed during actual inspection of the sewer. Videotapes of the TV
inspection will be produced and provided to the OWNER.
The results of the inspection will be a record of conditions fOWld in each line segment. The record will identify
each defect and specifY its location along the sewer so that it can be accessed for repair, ifwarrant~
6.208 Ught Cleaning and lV/Inspection. Normal, or light, cleaning, is defined as cleaning of a sewer line that
has an average depth of foreign'material and debris equal to no more than 20 percent of the diameter of the pipe '
over the manhole-to-manhole pipe length. Rocks are smaller than three inches in'diameter.
After li~t cleaning, pipe segments will be visually inspected by means of closed-circuit television.
6.2.b Heavy Cleaning and lV Inspection. Heavy cleaning is defined as cleaning of a sewer line that has an
average depth of foreign material and debris equal to more than 20 percent of the diameter of the pipe over the
manhole-to-manhole pipe length. Rocks may be larger than three inches in diameter.
After heavY cleaning, pipe segments will be visually inspected by m~ of closed-circuit television.
6.2.c .TISCIT or Sonar. No cleaning is required or will be performed in instances where TISCIT or sonar are
used
TASK 7 - FLOW MODELING
Phase I: The model will indicate prioritization of projects according to capacity rating and I/I problems for
- Spirit Creek Basin. The model for Butler Creek and Rocky Creek Basins will only be prepared for calibration
during this phase.
CONSULTANT will develop a dynamic hydraulic computer model (MOUSE) to analyze the capacity of the
existing system to transport wastewater flows lnlder dry and wet weather conditions. The model will be developed
using a database descnbing the physical characteristics of the OWNER's sanitary sewer collection system and
Page 9 of II Pages
<Appendix 1 to Exhibit A - Detailed Scope of Services)
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measurements ofrainfall and flow in th'e system during both dry and storm periods. The model will indicate where
theoretical capacities are exceeded lDlder various flow scenarios.
CONSULTANT will make recomirieOOaiions on each assumption and the OWNER will be given the opportLmity
to either accept CONSULTANT's recommendation or to direct CONSULTANT to use other assumptions.
Additional assumptions may need to be addressed as the modeling effort progresses.
7.a - Model Construction
CONSULTANT will develop and gather design criteria and follow the modeling assumptions that impact the
modeling effort. Typical design criteria and assumptions include pipe material. design slopes, roughness factors,
minimum velocities, acceptable surcharge, life cycle parameters, and pwnp station and treatment facility
operations. For these criteria, CONSULTANT will develop recommended parameters based upon available data.
A presentation of recommended criteria and assumptions will be provided to the OWNER's Technical Managers
for review and approval.
CONSULTANT shall research OWNER records to obtain any additional information about the physical layout
of the collection system and hydraulic facilities for the development of the hydraulic computer model. The
research will be limited to the drawings available through OWNER that can be easily viewed on site or copied.
OWNER shall be responsible for providing access to these records. The data obtained from these drawings will
be used to develop a physical dynamic computer model of the Butler Creek, Rocky Creek, and Spirit Creek Basins
Interceptors system. After this material takeoff stage, the model will contain infomiation regarding pipe lengths,
rim elevation. invert elevation. pipe dianieter, pipe slope, roughness factors, and pump curves.
7.b - Scenario Modeling
, I
, Once the mOdel has been caltbrated for dry weather flow, conditions, CONSULTANT will analyze the syStem
during wet weather conditions.
The developed model will be capableofsimulating dynamic conditions as appropriate for the determination of pipe
sizes 'needed for the design condition. For dynamic conditions, the model will be calIbrated by comparing
computer-routed flows to the developed wet weather unit hydrographs. Adjustments. will be made to the upstream
input design flows to ensure that a reasonable match is obtained in both volwne and peak flow..
Once the model has been calibrated, three (3) scenarios will be evaluated using OWNER's established design
criteria. CONSULTANT will develop the following design scenarios:
· Existing condition model with existing design wet weather flows showing existing wet weather problem areas.
Design condition dry weather model with needed proposed facilities.
Design condition wet weather model with needed proposed facilities.
Phase II: Ifno sewer condition inspection work (phase II - Task 6) is performed, an analysis will be made
of capacity deficiencies with prioritizatiOn of projects and possible capacity effects of system-wide or genera.I.ized
solutions. Capacity analysis.for Butler Creek and Rocky Creek Basins will be performed.
If sewer condition inspection work is performed, an analysis.will be made of capacity deficiencies with alternative
' analysis modeling for the best rehabilitation solutions. '
TASK 8 - INTERMEDIATE REPORT
Phase I: An intermediate report for this project will be prepared and will summarize the results of all previous
tasks. The report will descnbethe work performed during the various tasks, the procedures and methodologies
used. and any altemat:ives evaluated. The intermediate report will present results of the capacity analysis of Spirit
Creek Basin with prioritization based on III. Areas with III will be defmed for Butler Creek and Rocky Creek
Basins and will be prioritized for seWer condition inspection (Phase II - Task 6) and rehabilitation evaluation
Page 10 of II Pages
(Appendi.x I to Exhibit A - Detailed Scope of Services)
.
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activities. The report will include recommendations for further field investigations. The report will also identify
specific III sources that should be targeted for immediate correction work by the OWNER.
, . \
Phase II: Completion of basin prioritization and capacity issues for: Butler Creek and Rocky Creek Basins.
TASK 9 - STUDY, ANALYSIS, AND REPORTING
The purposes of this task are to perform an integrated engineering analysis of flow monitoring and sewer condition
inspection (phase IT B Task 6) data, develop recommendations for JJI soW'ce repairs and potential improvements
to the collection and, transport system, and prepare reports swnmarizing the findings and recommendations
developed during the project.
Phase I:
No work under Task 9 - Study, Analysis, and Reporting will be performed as part of Phase I.
Phase II: If no sewer condition inspection work (phase IT - Task 6) is performed, CONSULT ANT will
perform an alternative analysis of solutions for each type of III classification. Identification of problems and ,
recommendation of solutions by priority, based on JJI modeling results, will be developed.
If sewer condition inspection work is performed, CONSULT ANT will perform an alternative analysis, making
specific recommendations for preliminary design. Defect information gathered during TV inspection will be uSed
to identify specific defects that require correction to compare alternative rehabilitation methods and corresPonding
'costs. The rehabilitation technique to repair a sewer line shall be selected only after the pipeline has been tefevised.
DELIVERABLES
The following is a list of deliverables to be submitted to OWNJ;:R in conjWlction with this project:
Phase I:
· Site reports for flow monitoring manholes
· Raw flow data
Raw field data
GIS sewer layer
GIS database
Manhole inspection data (hardcopy and digital formats)
Manhole inspection photographs
CalIbrated hydraulic model. capacity analysis, and results for Spirit Creek Basin
Cahbrated hydraulic model for Butler Creek and Rocky Creek Basins
Intermediate Report
Phase IT:
Manhole inspection data (hardcopy and digital formats)
Manhole inspection photographs
TV inspection videotapes .
CalIbrated hydraulic model, capacity analysis, and results for Butler Creek and Rocky Creek Basins
Prioritized capacity and/or rehabilitation recommendations for Butler Creek. Rocky Creek. and, Spirit Creek
Basins
Page 11 of 11 Pages
<Appendix 1 to Exlubit A - Detailed Scope of Services)
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This is EXHIBIT B, consisting of 3 pages, referred to in and part of the
Agreement between OWNER and ENGINEER for Professional
Services dated, , 19 _
OWNER's Responsibilities
~~R~ .
ENGINE~ lOll.-
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.
B2.0 1 In addition to other responsibilities of OWNER as set forth in this Agreement. OWNER shall:
.A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project. including
design objectives and constraints, space, capacity and performance requirements, fleXIbility; and expandability, and any
budgetary limitations; and furnish copies ofaIl design and construction standards which-OWNER will require to be included
in the Drawings and Specifications; and furnish copies of OWNER's standard forms, conditions, and related documents for
ENGINEER to include in the Bidding Documents, when applicable.
B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data r~lative
to previous designs, or investigation at oradjacenuo the Site.
C. Following ENGINEER's assessment of initially-available Project information and data and upon ENGINEER's
request. furnish or otherwise make available such additional Project related information and data as is reasonably required
to enable ENGINEER to complete its Basic and Additional Services. Such additional information or data would generally
include the following:
1. Property descriptions.'
2. Zoning, deed, and other land use restrictions
3. Property, bolnldary, easement. right-of-way, and other special surveys or data, including establishing relevant
reference points. (See Appendix 1).
4. Explorations and tests of subsurface conditionsilt or contiguous to the Site, drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys,
with appropriate professional interpretation thereof.
\
5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or.
cultural studies as to the Project, the Site, and adjacent areas. '
6. Data or consultations as required for the Project but not otherwise' identified in the Agreement or the Exhibits
thereto.
D. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of a
Hazardous Environmental Condition or of any other development that affects ,the scope or time of performance of
ENGINEER's services. or any defect or nonconformance in ENGINEER's services or in the work of any Contractor. ' ,
Page 1 of 3 Pages
(Exlubit B - OWNER's Responsibilities
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.
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i' E. Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as
required. ~ d . .
~./ F. Arrange for__acce~ and make all provisions for ENGINEER to enter upon public and private property as
~ required for ENGINEER to perform services under the Agreement. (See Appendix 1)
G. Examine all alternate solutions, studies. reports, sketches, Drawings, Specifications, proposals, and other docwnents
presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants
as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto.
H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases
of the Project designed or specified by ENGINEER and such reviews, approvals, and consents from others as may be
necessary for completion of each phase of the Project.
1. Provide, as required for the Project:
, ,
1. Accounting, bond and fmancial advisory, independent cost estimating, and insurance counseling services.
2. Legal services with regard to issues pertaining to the Project as OWNER requires, Contractor raises, or
ENGINEER reasonably requests.
3. Such auditing services as OWNER requires to ascertain how or for what purpose Contractor has used the
moneys paid.
4. Placement and payment for advertisement for Bids in appropriate publications.
J. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER
to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project pe~r review,
value engineering, and constructlbility review. '
K. OMITTED
1. If OWNER designates a construction manager or an individual or entity other than, or in addition to, ENGINEER
to represent OWNER at the Site, defme and set forth the duties, responsibilities, and limitations of authority of such other
party and the relation thereof to the duties, responsibilities, and authority of ENGINEER
M. Ifmore than one prime contract is to be awarded for the Work designed or specified by ENGINEER. designate a
person or entity,to have authority and responsibility for coordinating the activities among the various prime Contractors, and
define and set forth the duties, responsibilities. and limitations of authority of such individual or entity and the relation thereof
to the duties, responsibilities, and authoritY of ENGINEER as an attachment to this Exhibit B that is to be mutually agreed
upon and made a part of this Agreement before such services begin.
N. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job
related meetings, and Substantial Completion and final payment inspections.
O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples,
materials, and equipment required by the contract Docwnents, or to evaluate the performance of materials, equipment, and
facilities of OWNER prior to their incorporation into the WOI:k with appropriate professional interpretation thereof.
P. Provide inspection or monitoring services by an individual or entity other than ENGINEER (and disclose the
identity of such individual or entity to ENGINEER) as OWNER determines necessary to verilY:
L That Contractor is complying with any Laws and Regulations applicable to Contractor's performing and
furnishing the Work.
Page 2 of 3 Pages
(Exhtbit B - OWNER's Responsibilities
" .
2. 'That Contractor is taking all necesSary precautions for safety of persons or property and complying with any
special provisions of the Contract Documents applicable to safety.
Q. Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to'
paragraphs B2.01.0 and P. '
Page 3 of 3 Pages
(Exlubit B - OWNER's Responsibilities
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\' ,t-
This is APPENDIX 1 to EXlllBIT B, consisting of 1 page,
referred to in and part of the Agreement between OWNER and
ENGINEER for Professional Services dated
1998.
Additional Owner's Responsibilities
Initial:
OWNER
ENGINEE
1. The OWNER shall provide GIS Base map templates to the ENGINEER on electronic media for use by the
ENGINEER in preparing digital sewer maps.
2. The OWNER shall assist the ENGINEER in providing adequate access to areas of the project. Site clearing is not
included in the Basic Services to be provided by the ENGINEER The ENGINEER will attempt to pursue areas of the
project that are physically accessible. Where this is not possible, the ENGINEER will notifIy the OWNER of inaccessibility.
The OWNER will then either make arrangements for providing access or authorize the ENGINEER, as an Additional
Service to the Contract to perform clearing as required to provide adequate access.
3. The OWNER shall provide existing plans for all sewered areas within the project to be mapped Where plans do
not exist, the OWNER shall assist the ENGINEER in derIDing the location of existing sewers.
Page 1 of 1 Page
<Appendix I to Exhibit B - Additional Owner's Responsibilities)
)'
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This is EXHIBIT C, consisting of 3 pages, referred to in and part
of the Agreement between OWNER and ENGINEER for
Professional Services dated, , 19
Initial:
OWNER
ENGINEERJW)
fJIL
Payments to ENGINEER for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and supplemented
to include the following agreement of the parties:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
C4.0 1 For Basic Services Having A Determined Scope -
Lump Sum Method of Payment '
A. OWNER shall pay ENGINEER for Basic Services
set forth in Exhibit A, Appendix 1, Phase I.
1.. A Lump Sum amOlmt of$ 438.043 based on
the following assumed distribution of compensation:
a. Task 1&2 Project Management
& Mobilization
b. Task 3 - Mapping
c. Task 4 - Manhole Inspection
d. Task 5 - Infiltration/Inflow \
Field Work
e. Task 7 - Flow Modeling
f. Task 8 - Intermediate Report
$ 67,616
$ 63,256
$ 26,519
$ I 70,400
$ 79,788
$ 30,464
This lump sum amount includes all labor, overhead,
profit and direct costs associated with Phase I work.
/
. ENGINEER may alter the distribution of
~ompensation between individual phases noted herein
to be -consistent with services actually rendered, but
shall not exc'eed the total Lump Sum amoWlt uriless
approved in writing by the OWNER. '
3. The Lump Sum includes compensation for
, ENGINEER's services and services of ENGINEER's
Consultants, if any. Appropriate amounts have been
incorporated in the Lump Sum to accoWlt for labor,
overhead Profit. and Reimbursable Expenses.
4. The portion of the Lump Sum amoWlt billed
for ENGINEER's services will be based : upon
ENGINEER's estimate of the proportion of the total
services actually completed during the billing period to the .
, Lump Sum.
5. The Lump Sum is conditioned on Contract
Times to complete the Work by~11 ~i. Should the
Contract Times to complete the Work be extended
beyond this period, the total compensation to
ENGINEER shall be appropriately adjusted.
6. Except as indicated in C4.02 below, lump sum
amoWlts for the work in Phase II and ill shall be
negotiated at a later date.
C4.02 For Basic Services Having An, Undetermined
Scope' -- Standard Hourly Rates Method of
Payment
A. OWNER shall pay ENGINEER for Basic Services
having an undetermined scope as follows:
1. Resident Project Representative Services (Not
in Phase I Basic Services. For future Phase ill (Design
and Construction Phase) only). For services of
ENGINEER's Resident Project Representative, if any,
under paragraph A1.05A.2.a of Exhibit A. an amoWlt
equal to the ctimulative hours charged to the Project by
each class of ENGINEER's employees times Standard
Hourly Rates for each applicable billing class for all
Resident Project Representative services performed on
'the Project, plus Reimbursable Expenses and
ENGINEER's Consultant's charges, if any. The total
compensation Wlder this paragraph is estimated to be .
$ to be determined based upon Contract Times as set
forth in par-agraph C4.0 1.
2. Post-Construction Phase Services (Not in
Phase I Basic Services. For future Phase III (Design
and Construction Phase) only). For Post-Construction
Phase services under paragraph Al.06 of Exhibit A..an
amount equal to the cumulative hours charged to the
Project by each class of ENGINEER's employees times
Standard Hourly Rates for each applicable billing class
Page I of3 Pages
(Exhibit C -Basic Services With Determine Scope -- Lump Sum Method
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for all services performed on the Project, plus
Reimbursable Expenses and ENGINEER's Consultant's
charges, if any. The total compensation under this
paragraph is estimated to be $ to be delermined.
C4.03 For Additional Services
\ A. OWNER shall pay ENGINEER for Additional
Services as follows:
1. General. For services of ENGINEER's
employees engaged directly on the Project pursuant to
paragraph A2.01 or' A2.02 of Exhibit A, including
services as a conslfltant or witness giving testimony in
any litigation, arbitration, or other legal or
administrative" proceeding under paragraph
A2.0 1.A.20, an amount equal to the cumulative hours
charged to the Project by each class of ENGINEER's
empl~yees times Standard Hourly Rates for each
applicable billing class for all Additional Services
performed on the Project, plus Reimbursable Expenses
and ENGINEER's Consultant's charges; if any
2. Initial Additional Services consist of the
purchase of MOUSE software as listed in Exhibit C,
Appendix I, plus additional labor and training related
to the MOUSE model. Total maximum cost of these
additional services is $44.450.
C4.04 For Reimbursable Expenses
A. When not included in compensation for Basic
Services under paragraph C4.01, OWNER shall pay
ENGINEER for Reimbursable Expenses at the rates, set
forth in Appendix I to this Exhibit C.
B. Reimbursable Expenses include the following
categories: transportation and subsistence incidental
thereto; obtaining bids or proposals from Contractor(s);
providing ~d maintaining field office facilities including
furnishings and utilities; subsistence and tranSportation of
Resident Project Representative and their assistants; toll
telephone calls and telegrams; reproduction of reports,
Drawings, Specifications, Bidding Documents, and similar
Project-related items, in addition to those required under
Exhibit A, 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 the use of other highly
specialized equipment.
C. The amounts payable to ENGINEER for
Reimbursable Expenses will be the Project-related internal
expenses actually incurred or allocated by ENGINEER,
plus all invoiCed external Reimbwsable Expenses allocable
to the Project, the latter multiplied by a Factor of
D. The Reimbursable Expenses Schedule will be
adjusted annually (as of) to reflect equitab Ie changes in the
compensation payable to ENGINEER. '
C4.05 Standard Hourly Rates
A. Standard Howly Rates are set forth in Appendix 2
to this Exhibit C and include salaries and wages paid to
personnel in each billing class plus the cost of customary
and statutory benefits, general and administrative overhead,
non-project operating costs, and operating margin or profit.
B. The Standard Howly Rates will be adjusted
annually (as of Febrwuy 17) to reflect equitable changes
in the compensation payable to ENGINEER. "
C4.06 For ENGINEER's Consultant's Charges
A. Whenever compensation to ENGINEER herein is
stated to include charges of ENGINEER's Consultants,
those charges shall be the amounts billed by ENGINEER's
Consultants to ENGINEER times a Factor of 1.15.
C4.07 Factors
A. The external Reimbursable Expenses and
ENGINEER's Consultant's Factors include ENGINEER's
overhead and profit associated with ENGINEER's
responsibility for the administration of such services and
casts
C4.08 Other Provisions Concerning Payment
, A. Progress Payments. The portion of the amounts
billed for ENGINEER's services which are related to the
serVices identified in paragraphs C4.02 and C4.03, will be
"during the billing period based on the cumulative hours
charged to the Project by each class of ENGINEER's
employees times the Standard Hourly Rate for each class
plus Reimbursable Expenses and. ENGINEER's
Consultant's charges, if any.
B. Extended Contract Times. Should the Contract
Times to complete the Work be extended beyond the
period identified in paragraph C4.0 1, payment for
ENGINEER's services shall be continued based on the
Standard Hourly Rates Method of Payment. ,
Page 2 of3 Pages
(Exhibit C -Basic Services With Determine Scope -- Lump Sum Method
10"'11
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C. Estimated Compensation Amounts
1. ENGINEER's estimate of the amounts that
will become payable for Basic Services are only
estimates for planning purposes, are not omding on the
parties, and are not the minimum or maximum amounts
payable to ENGINEER under the Agreement.
2. When estimated comp~tion amounts have
been stated hereinj and it subsequently becomes
apparent to ENGINEER that a compensation amount
thus estimated will be exceeded, ENGINEER shall. give
OWNER written notice thereof. Promptly thereafter
OWNER and ENGINEER shall review the matter of
services remaining to be performed and compensation
'for such services. OWNER shall either agree to such
compensation exceeding said estimated amount or
OWNER and ENGINEER shall agree to a reduction in
the remaining services to be rendered by ENGINEER,
so that total compensation for such services will not
exceed said estimated amount when such services are
completed. If grCINEER eKeeeEls tile eswl.lKtld
imOlmt bt:f9re O~1) lJlud P~n.Th.fl::J:'D havp agrPptJ
tn <On m...........e m. the C"IIlp<.:m'aQQR Qu'ollt)lQINeI!R 9r
. . .
, '€8aD 9ll pailt fer all !;~q~e~ t:l:Rlt~';ld ~el?~YRd~
Page 3 of3 Pages
(Exlubit C -Basic Services With Determine Scope -- Lump Sum Method
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Standard Hourly Rates Schedule
This is Appendix 2 to EXHIBIT C, consisting of' 1, page, referred to
in and part of the Agreement between OWNER and ENGINEER
for Professions I Services dated , 19 _
Initial: ~
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Cwrent agreements for engineering services stipulate that the standard hourly ~tes are subject to review and adjustment
per Exhibit C. Hourly rates for services performed on the date of the Agreement are:
Atlanta Office < Montgomery Watson Americas, Inc. )
Principal Professional $ 154 '
Technical Consultant $ 154
Supervising Professional $ 105
Senior Professional $ 91
Professional $ 79
Assoc. Professional $ 72
Cad Operator $ 52
Clerk $ 56
Augusta Office (Johnson, Laschober & Associates, P.C.)
Project Manager
Sr. Engineer
Sr. Design Engineer
I Jr. Engineer
"-,
Jr. Design Technician
, Cad Operator
Field
Clerk
$ 103
$ 90
$ 62
$ 54
$ 49
$ 44
$ 33,
$ 28
"
Page 1 of 1 Page
<Appendix 2 to Exlubit C - Standard Hourly Rates Schedule)
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This is Appendix 1 to EXHIBIT C, consisting of 1 page,
referred to in and part of the Agreement between OWNER and
ENGINEER Cor ProCessional Services dated
19
Reimbursable Expenses Schedule
r~~~_
Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and
adjuStment per Exhibit C. Reimbursable expenses for services performed on the date of the Agreement are: '
8"x II" CopieslImpressio~
$ 0.10 /page
24" x 36" (or larger) Print Copies
$ 1.00 /sq. ft.
Mileage (auto)
$ .35 /mile
CAD. Charge
$ 10.00/ Hr.
Flow Monitor
$ 77.00/Day
$ 13.80/Day
Rain Gauge
Software MOUSE PIPE (15,000 pipes)
plus MOUSE GIS + M-NAM
$ 18,000 + tax.
\,
Page 1 of 1 Page
(Appendix 1 to Exhibit C - Reimbursable Expenses Schedule)
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NOTE: To be completed prior-to entering into Phase. III Services (Design and Construction
Phase)
This is EXIllBIT D, consisting of 4 pages, referred to in and part
of the Agreement between OWNER and ENGINEER for
Professional Services dated , 19
Initia~:~
OWNER!
ENG ~~
Duties, Responsibilities, and Limitations of Authority
of Resident Project Representative
Paragraph 1.0lC of the Agreement is amended and supplemented to include the following agreement of the parties:
D6.02, Resident Project Representative
A.. ,ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist
ENGINEER in observing progress and quality of the Work., The RPR. assistants, and other field staffunder this Exhibit D
may provide full time representation or may provide representation to a lesser degree.
B. . Through sUch additional observations of Contractor's work in progress and field checks of materials and equipment
by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the Work. However, 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 the Contractor's Work nor shall ,ENGINEER have
authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for
safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with
Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for
Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific
limitations set forth in section A. 1.05 of Exhibit A.ofthe Agreement are applicable.
C. The duties and responsibilities of the RPR are limited to those of ENGINEER in the Agreement with the OWNER
and in the Contract Documents and are further limite,d and described as follows:
1. General: RPR is ENGINEEk'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 Contractor's work in progress 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 imd approval
of Contractor. RPR shall generally communicate with OWNER with the knowledge of and under the direction of
ENGINEER. .' . .
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of
, values prepared by Contractor and consult ~ith EN:GINEER co~cerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress
meetings, job conferences and other project-related meetings. and prepare and circulate copies of minutes thereof.
4. 'Liaison:
a. Serve as ENGINEER's liaison with Contractor, '~orking principally through Contractor;s superintendent and
assist in understanding the intent of the Contract Documents.
Page I of 4 Pages
(Exlubit D ~ ~esident Project Representative)
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b.o Assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect
OWNER's on-Site operations.
c. Assist in obtaining from OWNER additional details or information, when required for proper execution of
the Work.
5. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the
Contract I?ocuments are needed and transmit to Contractor clarifications and interpretations as issued by
ENGINEER.
6. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notifY ENGINEER of availability of
Samples for examination.
c. Advise ENGINEER and Contractor of the commencement of any portion of the Work requiring a Shop
Drawing or Sample submittal for which RPR believes that the submittal has not been approved 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 in Writing decisions as issued by
ENGINEER.
8. Review of Work and Rejection of Defective Work:
a. Conduct on-Site observations of Contractor's work in progress to assist ENGINEER in determining if the
Work is in general proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever RPR believes that any part of Contractor's work in progress will not produce
a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the .
design concept 'of the completed Project as a functioning whole as indicated in 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 that part of work in progress that RPR believes should be corrected or rejected or
should be uncovered for observation, or requires special testing, inspection or approval.
9. Inspections, Tests. and System Startups:
a. Consult with ENGINEER in advance of scheduled major inspections, tests, and systems startups of important
phases of the Work.
b. 0 VerifY that tests, equipment, and systems startups and operating and maintenance training are conducted in
the presence of appropriate OWNER's personnel, and that'Contractor maintains adequate records thereof.
c. Observe, record, and report to ENGINEER appropriate details relative to the test procedures 'and systems
startups.
d. Accompany visiting inspectors repre~enting public or other agencies having jurisdiction over the Project,
record the results of these inspections, and report to ENGINEER
10. Records: , I
a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original
Contract Documents including all Change Orders, field Orders, Work c1:iange Directives, Addenda,
additional Drawings issued subsequent to the execution of the Contract. ENGINEER's clarifications and
Page 2 of 4 Pages
'(Exlubit D - Resident Project Representative)
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interpretations of the Contract Docwnents, progress reports, Shop Drawing and Sample submittals received
from and delivered to C~ntractor, and other Project related docwnents.
b. Prepare a daily report or keep a diary or logbook, recording Contractor's hours on the Site, weather
conditions, wlta relative to questions of Change Orders, Field Orders, Work Change Directives, or changed
conditions, Site visitors, dailY activities, decisions, observations in general, and specific observations in more
' detail as in the case of observing test procedures; and send copies to ENGINEER.
c. Record names. addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of
materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work. furnish original set of all RPRProject docwnentation to
ENGINEER.
11. Reports:
a. Furnish to ENGINEER periodic reports as required of progress of the Work and ,of Contractor's compliance
with the progress schedule and schedule of Shop Drawing and Sample submittals.
,b. Draft and recommend to ENGINEER proposed Change Orders, Work Change Directives, and Field Orders.
Obtain backup material from Contractor. .
c. Furnish to ENGINEER and OWNER copies of all inspection. test, and system ~tartup reports.
d. Report immediately to ENGINEER the occurrence of any Site accidents, any Hazardous Environmental
'Conditions, emergencies, or acts of God endangering the Wor~ and property damaged by, fire or other
causes.
12. Paymeni Requests: Review Applications for Payment with Contractor for compliance with the established
procedure for their submission and forward with recommendations to ENGINEER. noting particularly the
relationship of the payment requested to the schedule of values, Work completed, and materials and equipment
delivered at the Site but not incorporated in the Work.
I
13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verifY that materials and
equipment certificates, operation and maintenance manuals and other data required by the Specifications to be
assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the
Contract Docwnents, and have these documents delivered to ENGINEER for review and forwarding to OWNER
prior to payment for that part ~fthe Work.
,14.
Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion. submit to Contractor a list of observed
items requiring completion or correction. g
, ~'R~"
Observe whether Contractor has lIl"l'aBglMl for inspections required by Laws and Regulations, including but
not limited to those to be performed ~y public 'agencies having Jurisdiction over the Work.
'({il b.
~.
lO d.
, Participate in a final inspection in the company of ENGINEER. OWNER. and Contractor and prepare a final
list of items to be completed or corrected.
Observe whether all items on final list have been completed or corrected and make recommendations to
ENGINEER concerning acceptance and issuance 'of the Notice of Acceptability of the Work.
Page 3 of 4 Pages
(Exhibit D - Resident Project Representative)
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D. Resident Project Representative shall not:
I. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including
"or-equal" items). I
2. Exceed limitations of ENGINEER's' authority as set forth ill the Agreement or the Contract Document.
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques,
sequences or procedures ofCon!T?ctor's work unless such advice or directions are specifically required by
the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection
with the activities or operations of OWNER or Contractor.
6. Participate in speCialized field' or laboratory tests or inspections conducted off-site by others except as
specifically authorized by ENGINEER.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize OWNER to occupy the Project in whole or in part.
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Page 4 of 4- Pages
(Exlubit D - Resident Project Representative)
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NOTE: To he completed prior to entering into Phase III Services (Design and Construction
Phases)
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
OWNER:
, OWNER's Construction Contract Identification:
EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT:
CONSTRUCTION CONTRACT DATE:
ENGINEER:
To:
( OWNER)
And To:
(CONTRACTOR)
The Wldersigned hereby gives notice to th~ above OWNER and CONTRACTOR that the completed Work furnished
and performed by CONTRACTOR Wlder the above Contract is acceptable, expressly subject to the provisions of the related
Contract Docwnents and the terms and conditions set forth on the reverse side hereof. .'
By:
Title:
Dated:
Page I of2 Pages, ,
(Exhibit E - Notice of Acceptability of Work)
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CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK '
The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the following
terms and conditions to which all persons who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under
similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment ofENG~R.
3., Said Notice is given as to the best of ENGINEER's knowledge, information, and beliefas of the date hereof.
4. Said Notice is based entirely on and expressly limited by.the scope of services ENGINEER has been employed by
OWNER to perform or furnish during construction of the Project (including observation of the CONTRACTOR's
work) lDlder ENGINEER's Agreement with OWNER and under the Construction Contract referenced on the reverse
hereof: and applies only to facts that are within ENGINEER's knowledge or could reasonably have been ascertained
by ENGINEER as a result of carrying out the responsibilities specifically assigned to ENGINEER under
ENGINEER's Agreement with OWNER and the Construction Contract referenced on the reverse hereof.
5. Said Notice is not a guarantee or warranty of CONTRACTOR's performance WIder the Construction Contract
referenced on the reverse hereof nor an assumption o.fresponsibility for any failure ofCONTRAcrOR to furnish
, and perform the Work thereWIder in accordance with the Contract Documents.
Page 2 of2 Pages
(Exh.1bit E - Notice of Acceptability of Work)
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NOTE: To be completed prior to entering into Phase III Services (Design and Construction
Phases)
This is EXIDBIT F, consisting of I page, referred to in and part of the Agreement between
OWNER and ENGINEER for Professional Services dated , 19
~~R tlfUJ .
ENGINE~.~
Construction Cost Limit
Paragraph 5.02 of the Agreement is amended and supplemented to include the fo.llowing agreement of the parties:
F5.02 Designing to Construction Cost Limit
A. A Construction Cost limit in the amount of
Dollars ($ ) is hereby agreed to.
B. A bidding or negotiating contingency of _ percent will be added to any Construction Cost limit
established.
C. The acceptance by OWNER at any time during Basic Services ofa revised opinion of probable Constructio.n
Cost in excess of the then established Co.nstruction' Cost limit will 'constitute a corresponding increase in the Construction
Cost limit.
D. ENGINEER will be permitted:to determine what types of materials, equipment and component systems, and
the types and quality thereof are to be included in the Drawings and Specifications and to make reaso.nable adjustments in
the scope, extent, and character o.fthe Project to the extent co.nsistentwith,the Project requirements and so.und engineering
practices to brin'fhe Project within the Construction Cost limit..
E. If the Bidding or Negotiating Phase has not commenced within three months after co.mpletion o.fthe Final
Design Phase, or if industry-wide prices are changed because of unusual or unanticipated events affecting the general level
of prices or times o.f delivery in the construction industry, the established Co.nstruction Cost limit will no.tbe binding on
ENGINEER, and OWNER shall eonsentto an adjustment in such Construction Cost limit commensurate with any applicable
change in the general level o.fprices in the construction industry between the date of completion of the Final Design Phase
and the date on which proposals or Bids are sought.
F. If the lowest bona fide proposal 0.1' Bid exceeds the established Construction Cost limit, OWNER shall (I) give
written approval to increase such Constructio.n Cost limit, or (2) authorize negotiating or rebidding the Project within a
reasonable time, or (3) cooperate in revising the Project's scope, extent, or character to. the extent co.nsistent with the
Project's requirements and with sound engineering practices. In the case o.f (3), ENGINEER shall modifY the Contract
Documents as necessary to bring the Construction Cost within the Construction Cost Limit. In lieu of other compensatio.n
for services in making such modifications, OWNER shall pay ENGINEER's cost of such services, including the Co.sts o.f
the services of ENGINEER's Consultants, all overhead expenses reasonably related thereto, and Reimburs~ble Expenses,
but without profit to ENGINEER o.n account of such services. The pro.viding of such services will be the limit of
ENGINEER's responsibility in this regard and, having done so, ENGINEER shall be entitled to payment for services and
expenses in acco.rdance with this Agreement and will not otherwise be liable for damages attnbutable to. the lowest bo.na
fide propo.sal or Bid exceeding the established Construction Cost limit.
Page 1 of 1 Page
(Exhibit F - Co.nstruction Cost Limit)
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This is EXlllBIT G, consisting of 1 pages, referred to in
and part of the Agreement between OWNER ,and
ENGINEER Cor ProCessional Seryices dated
.19_
~~R~
ENGINEE~ ~
Insurance
Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.05 Insurance
A. The limits ofliability for the insurance required by paragraph 6.05.A of the Agreement are as
follqws:
1. By ENGINEER:
a. Workers' Compensation:
Statutory
b. Employer's Liability ~
1) Each Accident:
- 2) Disease, Policy Liniit:
3) - Disease, Each Employee:
$ 500,000
$ 500,000
$ 500,000
c. General Liability --
I) Each Occurrence, (Bodily Injury and
Property Damage):
2) General Aggregate:
$ 1,000,000
$ 2,000,000
d. Automobile Liability -
1) Bodily Injury:
a) Each Accident
2) Property Damage:
a) Each Accident
[or)
1) CombinedSingleLiinit'
(Bodily Injury and Property Damage):
Each Accident '
$ 1,000,000
Page I of 1 Page
(Exhibit G - Insurance)
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This is EXHIBIT H, consisting of 1 pages, referred to in and part of the
Agreement between OWNER and ENGINEER for Professional
Services dated , 19
c'
Dispute Resolution
Initial: ~
OWNER
'ENGINEE , tl-t<..- '
P~agraph 6.09 of the Agreement is amended and supplemented to include the following agreement of the parties:
H6.09 Dispute Resolution
A. OWNER and ENGINEER agree thatthey shall first submit any and all unsettled claims, counterclaims,
disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof
("Disputes") to mediation with each party paying their own legal fees.
Page 1 of 1 Page
(Exhibit H - Dispute Resolution)
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This is EXHIBIT I, consisting of 1 page. referred to in and part of the
. Agreement between OWNER and ENGINEER Cor ProCessional
Services dated , 19
Allocation or Risks
Initial:
OWNER
ENGINEER~0 LJ-JJ ./
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Paragraph 6.11 of the Agreement is amended and supplemented to include the following agreement of the parties:
I6.11.B Limitation of ENGINEER's Liability
I. ENGINEER's Liability Limited to Amount of ENGINEER's Compensation. To the fullest extent pe .
by law, an ding any other provision of this Agreement, the total liability, in the aggregate, ofE ER and
ENGINEER's officer, artners, employees, agents and ENGINEER's Consultants, and em, to OWNER
and anyone claiming by, throu er OWNER for any and all claims, losses, c ages whatsoever arising
~ut of, resulting from or in any way relat o'ect or the Agreem any cause or causes, including but not
- . imited to the negligence, professional errors or omisSI , . . ty or breach of contract, or warranty express or
implied of ENGINEER or ENGINEER's officer, direc ? artners, . agents, or ENGINEER's Consultants, or'
, any of them, shall not exceed ~e total com . n received by ENGINEER un . Agreement for Phase I and Phase
~ n. ,
2. ER agrees to make no claim directly or indirectly against ENGINEER with respect to any
recommended by the ENGINEER.
Page 1 of 1 Page
(Exhibit r - Allocation of Risks)