HomeMy WebLinkAboutResolution No. R18-08 RESOLUTION NO. R18-08
A RESOLUTION APPROVING THE TASK ORDER AUTHORIZING KADRMAS, LEE &
JACKSON, INC. FOR HYDROGEN SULFIDE REMEDIATION FOR A PORTION OF THE
CITY OF LAUREL'S SEWER AND WASTEWATER COLLECTION SYSTEMS.
WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with ,
Kadrmas, Lee &Jackson, Inc. ("KL&J") on December 5, 2017,via Resolution No. R17-69; and ,
WHEREAS, the City of Laurel requires remediation services for a portion of the City's sewer and I
wastewater collection system between the Village and Elm Lift Stations as described in the attached Task
Order with is incorporated herein by reference; and
WHEREAS, the services to be provided and cost for such services are fuliy described in the
attached Task Order.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the
attached Task Order authorizing the services to be performed by KL&J for the City of Laurel is hereby '
approved and the Mayor is hereby authorized to execute the attached Task Order on the City's behalf.
Introduced at a regular meeting of the City Council on February 20, 2018, by Council Member
Wilke
PASSED and APPROVED by the City Council of the City of Laurel this 20'� day of February
2018.
APPROVED by the Mayor this 20th day of February 2018.
CITY OF LAUREL
�.O =��.�G/K�
Thomas C. Nelson, Mayor
ATTE. :
Bethany eel r, Clerk-Treasurer
APPROVE AS FORM:
Sam Painter, Civil City Attorney
R18-08 Approve Task Order for Hydrogen Suifide Remediation Services: Kadrnlas, Lee &Jackson, InC.
This is a Task Order far KU Project No.1804-Q0122,
cansisting of 4 pages,plus attachments.
Task Qrder: H25 Remediation Improvements
In accordance with Paragraph 1.01 af the Agreement Between Owner and Engineer for Professiana!Services
-Task Order Edition,dated December 5,2q17("Agreement"�,Owner and Engineer agree as fallows:
1. 8ackgraund Data i
A. Effective Date of Task Order: February 2Q,2p18
B. Owner: City of Laurel
C. Engineer: Kadrmas,lee&�ackson,fnc.{dba"KU"')
D. Specific Project(titlej. HZS Remediation Improvements
E. Specific Praject(description): This project consists of the addition of an aeration system to the '
wastewater collectian system far the reduction of hydrogen
sulfide (H2S) farmation in the sewer collection system between
Village and Elm Lift Statians.
2. Services of Engineer
A. The specific services to be provided or furnished by Engineer under this Task Order are:
Set forth in Part 1-6asic Services af Exhibit A, "Engineer's Services for Task Order;'
modified for this specific Task Order,and attached to and incorporated as part af this Task
Order.
B. Resident Project Representative(RPR)Services -Not Used
C. Designing ta a Construction Cost Limit-Nat Used
D. C?ther Services-None
E. All of the services included abave comprise Basic Services for purpases of Engineer's
compensation under this Task Order,
3. Additional5ervices
A. Additianal Services that may be authorized or necessary under this Task Order are:
Set forth as Additianal Services in Part 2—Additional Services, of Exhibit A, "fngineer's
Services for Task Order," modified for this specific Task Order, and attached ta and
incorparated as part of this Task Order.
Task Order Form-H25 Remediation Improvements
E1CDC'E-505,AgreemeM Between Owner and fngineer for Professionat Services-Task Order Editian.
Copyright�2014 Nat�na!Society cfi Prafessianai Engineers,American C+�nc�of Engineer�g Companie.s,
and Amerkan Sodety of Civi!Engieeers. All rights resen►ed.
Page 1
.
4. Owner's Responsibilities
Owner shatl have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B,
subjec#to the fotlowing:
• Provide Engineer with access to the facilities,as needed to complete the project.
• Provide requested information included existing (as-built) plans, flaw data and pumping
recards, and any prior studies, reports, etc. retated to a proposed remedy of H2S within
the callection system.
• Review pretirrtinary reports and plans prov`rded by the Engineer.
* Pay the cos#of any review fees impased by agencies having jurisd+ction over the project.
5. Task Qrder Schedate
In addition to any schedule provisions provided in Exhibit A or elsewhere,the parties shall meet �
the following schedule:
• The Owner wishes to have the H2S remediation improvements operational by June 30,
2018.Engineer shall work in good faith to expedi#e the design and implementation process
wi#h the intent af achieving the desired operational date; however, bath parties
acknawiedge that the lead time on the recammended equipment will be criticai in the
achievement of the desired schedule.
• Qwner w"rf! provide review comments, in writing, to Engineer for any draft deliveraales
submitted by Engineer. Qwner will provide comments within 7-days of submissian by
Engineer.Owner acknowledges delays in review/response may eactend the final schedule. �
• Engineer shall provide periodic updates to Owner on#he anticipa#ed completion schedule, '
throughout the duration af the project.
6. Payments#o Engineer
A. Owner shali pay Engineer for services rendered under this Task Order as fatiows:
Basis of
Description of Service Amount �,�mpensation
1. Basic Services(Part 1 of Exhibit A)*
a. Study and Report Phase(Ai.pi� $8,600.00 Lump Sum
b. Preliminary and Final pesign Phase(A1.02, $30,560.00 Lump Sum
A1.03)
c. Bidding or Negotiating Phase(A1.04) $6,970.00 Lump Sum
d. Construction Phase(A1.05) $9,800.00 Direct Labor
e. Post-Constructian Phase(A1.06) $2,300.00 Direct Labor
TOTAL CUMPENSATION(lines i.a-ej $58,230.00
Task Order Form—H25 Remediation Improvements
EiCdC*E-505,Agreement Between Owner and Engineer for Professional Services—Task Clyder Edition.
Copyr�hx�2014 NatianaF Sodety of Professional Eng&►eers,American Caundi of Engineering Companies,
and American Sadety of Civil Engineers. All rights reserv+ed.
Page 2
2. Additional Services(Part 2 of Exhibit A) (N/A) Direct Labor
*Based on a one-month continuous construction period.
Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are
estimates only. Lump sum amounts and estimated totals included in the breakdown by phases
incorporate Enginee�'s labor,overhead,profit,reimbursable expenses(if any),and Consultants'
charges, if any. For lump sum items, Engineer may alter the distribution of compensation
between individual phases(line items)to be consistent with services actually rendered,but shall
not exceed the total lump sum compensation amount unless approved in writing by the Owner.
B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable
governing provisions of Exhibit C.
7. Consultants retained as of the Effective Date of the Task Order:
None
8. Other Modifications to Agreement and Exhibits:
None
9. Attachments:
Exhibit A—Engineer's Services for Task Order
10.Other pocuments Incorporated by Reference:
December 5,2017 Agreement between Owner and Engineer for Professional Services,Task Order
Edition
Task Order Form—H25 Remediation Improvements
EICDC•E-505,Agreement Betwee�Owner and Engineer for Professional Services—Task Order Edition.
Copyright�2014 Natlonal Sodety of Professional Engineers,Ameripn Councll of Englneering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3
11.Terms and Conditions
Execution of this Task Order by Owner and Engineer shall make it subject to the terms and
conditions of the Agreement (as modified above), which Agreement is incorporated by this
reference.Engineer is authorized to begin performance upon its receipt of a copy of this Task Order
signed by Owner.
The Effective Date of this Task Order is February 20,2018.
OWNER:City of Laurel, Montana ENGINEER: Kadrmas, Lee&Jac on, Inc.
i
BY: � �G�� BY� G I
�_ � l i
Print Name: � Print Name: ��LI�C'_,/C ���Ir��..
Title: 1 G� � Title: �j� �J=��;i` ��ly�
Engineer License or Firm's
Certificate No.(if required): PEL-EF-LIC-37
State of: Montana
DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER:
Name: Kurt Markegard Name: Travis Jones
Title: Director of Public Works Title: Project Manager
Address: PO Box 10, Laurel, MT 59044 Address: PO Box 80303 Billings,MT 59108-0303
E-Mail kmarke�ard@laurel.mt.gov E-Mail travis.jones@kljeng.com
Address: Address:
Phone: 406-628-4796 Phone: 406-245-5499
Task Order Form—H25 Remediation Improvements
ElCDC'E-505,Agreement Between Owner and Engineer for Professional Servfces—Task Order Edhion.
Copyright m 2014 National Society of Professional Engineers,Am�ican Councll of Engineering Companies,
and American Sodety of Civil Engineers. All rights reserved.
Page 4
This is EXHIBIT A, consisting of 13 pages,
referred to in and part of the Task Order
dated February 20, 2018.
Engineer's Services for Task Order: H25 Remediation Project
PART 1—BASIC SERVICES
A1.01 Study and Report Phase Services
A. As Basic Services, Engineer shall:
1. Consult with Owner to define and clarify Owne�'s requirements for the Specific Project,
including design objectives and constraints, space, capacity and performance
requirements, flexibility, and expandabiliry, and any budgetary limitations, and identify
available data,information,reports,facilities plans,and site evaluations.
a. If Owner has already identified one or more potential solutions to meet its Specific
Project requirements, then proceed with the study and evaluation of such potential
solutions: During discussions between the Owner and Engineer, prior to the Task
Order,the likely solution was identified to include the addition of an aeration system
to the Village Lift Station for H2S control.The services provided under this Exhibit are
based on this potential solution. If Engineer identifies concerns with the suitability of
an aeration system to adequately address the H2S remediation, Engineer shall notify
Owner in writing to identify the concerns, coordinate for the development of an
alternative approach, and amend the task order (if necessary) to incorporate any
unforeseen services.
2. Identify potential aeration solution(s)to meet Owner's Specific Project requirements, as
needed.
3. Evaluate the potential aeration solution(s) to meet Owner's Specific Projed
requirements. If concerns are identified in the capability of the aeration solution to
address the H2S remediation, Engineer shall notify Owner immediately following the
evaluation of the aeration solutions and prior to proceeding with the next phase of
services.
4. Visit the Site,or potential Specific Project sites,to review existing conditions and facilities,
unless such visits are not necessary or applicable to meeting the objectives of the Study
and Report Phase.
5. Advise Owner of any need for Owner to obtain, furnish,or otherwise make available to
Engineer additional Specific Project-related data and information, for Engineer's use in
Exhibit A—Engineer's Services—H25 Remediatbn Project
EJCDC E-505,Agreemerrt Between Owner and Enpneer for Professlonal Services—Task Order Edition.
Copyright�2014 National Sodety of Professional Engineers,Amerion Council of Engineering Companies,
and American Society of Civil Engineers. AU righu reserved.
Page 1
the study and evaluation of poteniial solution(s)to Owner's Specific Project requirements,
and preparatian of a related Draft Design Memo.
b. Meet with the Owner ta discuss the findings of the Draft Design Memo and incorporate f
input from the Owner into the Final Design Memo.The Final Design Memo will be the �
basis of finai design of the project.
7. Provide the Owner with three copies of the fiinal Design Memo,which will be the basis for
the remaining design efforts.
B. En�ineer's services under the Study and Report Phase will be considered complete on the date
when Engineer has delivered to fJwner#he Final Design Memo.
A1.02 Frelimrnary Design Phase
A. As Basic Services,Engineer shall:
1. Prepare Preliminary Design Phase documents consisting of preliminary drawings,outline
specifications,and written descriptions of the Specific Praject.
2. Provide the Owner with three copies of the 50°f design, drawings and specifications for �
their review.
3. Meet with the Owner to review the 509'o drawings and specificatians and solicit the
Owner's input prior ta advancing on to the final design phase.
B. Engineer's services under the Preliminary Design Phase will be considered complete on the
date when Engineer has meet with and review the 50'�drawings and specifications.
AI.Q3 �inal Design P►tase
A. As Basic Services,Engineer shaii:
1. Prepare 95% Drawings and Specifications indicating the scope, extent, and character nf
the Work ta be performed and furnished by Contractor.
2. Provide the Owner with a 95%design,drawings and specifications for their review.
3. Meet with the Owner to review the 95% drawings and specifications and solicit the
4wner's input prior to advancing on to lOQ%drawings and specifications.
4. Develop the iQQ%drawings and specificatians. Provide the Owner with three capies of
the iQ0'�o drawings and specifications.
5. Provide technical criteria,written descriptions, and design data for permitting submittal
to the MT-DEQ.
Exhibit A—Engineer's Services—H2$Remediation Project
E1CdC" E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order EdRia�.
Copyright�241414a2ic�nal5odety of Professionai Engfneers,American Councit of Engineering Companies,
and Amerkan Sodety of Civil Engineers. All rights reserved.
Page 2
6. Develop and deliver to the Owner an opinion of probable Canstruction Cast.
B. Engineer's services under the Final Design Phase will be considered camplete on the date when
Engineer has delivered to tJwner the finai Drawings and Specifications, other assembied
Constructian Contract Documents, bidding-retated documents tar requests for proposais or
other canstruction procurement dacuments),and any other Final Design Phase detiverables. 'I
C. The number af prime contracts for Work designed or speci€ied by Engineer upon wh�ch the (
Engineer's campensation has been established under this Task Order is one. !f mare prime �
tontracts are awarded,Engineer shall be entitled to an equitable increase in its compensat'son
under this Task Order.
A1.04 8idding or Negotiating Phase
A. As Basic Services,Engineer shall:
1, Assist Owner during the bidding process by develaping an advertisement,printing af bid
documents(Drawings and Specifications),distributian of bid documents,and maintaining
a Plan Holders list.
2. Coordinate and faciiitate a pre-bid conference.
3. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued
dacuments.
4. Attend the bid opening, conduct a bid evaluation and prepare a recommendation of
award ta the Owner.
B. The Bidding or Negotiating Phase will be cansidered complete upon the delivery of the
recommendation of award. Any re-bidding, beyand the initia) letting, will be considered an
additional service,unless agreed upon by both parties.
A1.05 Canstructron Phase
A. As Basic Services, Engineer shall:
1. Caordinate the execution of the Contract Documents between the Owner and Contractor.
2. 6eneralAdministrarion of Construction Comroct: Consuit with Owner and act as Owner's
representative as provided in the Canstruction Contract. The extent and limitations af the
duties, responsibilities, and authority af Engineer shall be as assigned in E1CDC� C-70d,
Standard General Conditions of the Construction Contract (the Edition of which is to
coincide with the current Montana Public Works Standard Soeci�cations in effect at the
time of a specific 7ask Orderl, prepared by the Engineers Joint Contract Documents
Cammittee, or other construction general conditions specified in the Agreement. If
Owner, or (Jwner and Contractor, modify the duties, respansibilities, and authority af
Exhibit A—Engineer's Services—H25 Remediation Project
E1COC° E-505,Agreemerrt Between Owner anci Engineer far Professional Services—Task Order Edition.
Copyright�2Q141+tationai Sodeky of Professiona!Eng&�eers,American Councii of Engineering Campanles,
and American Sodety of Civil Engineers. All rights reserved.
Page 3
Engineer in the Construc#ion Cantract,or modify other terms of the Construction Contract
having a direct bearing on Engineer, then Owner shall compensate Engineer for any
related increases in the cost to provide Construction Phase services. Engineer shall not be
required ta furnish or perform services contrary to Engineer's responsibiiities as a licensed
prafessionat. Ail of Owner's instructions to Contractor will be issued through Engine�r,
which sha11 have authority to act on behalf af Owner in dealings with Contractor to the
e�ctent provided in this Agreement and the Canstruckion Contract except as otherwise
provided in writing.
3. Pre-Constructian Conference: Coordinate and participate in a pre-construct�on j
conference prior to commencement of Work at the Site.
i
4. E(ectronic TransmittaJ Protocols: if the Construction Contract Documents do not specify
pratacols for the transmittal of Project-retated correspondence, dacuments, te�ct, data,
drawings,information,and graphics,in eiectronic media or digital format,either directly,
or through access to a secure Project website,then together with�wner and Contractar
jointly develap such protocols for transmittals between and among Owner, Contractor,
and Engineer during the Consfruction Phase and Post-Construction Phase.
5. Original Documents: If requested by Owner to do so,maintain and safeguard during the
Construction Phase at least one original printed record version of the Construction
Contract Documents,including Drawings and Specificatians signed and sealed by Engineer
and other design professionals in accordance with applicable Laws and Regulations.
Throughout the Construction Phase, make such original printed record version of the
Constructian Contract Dacuments available to Cantractor and Owner for review.
5. Schedules: Receive,review,and determine the acceptability of any and all schedules that
Contractor is required to submit ta Engineer,including the Progress Schedufe, Schedule
of Submittals,and Schedule af Values.
7. Visits to Site and Observation of Construction: In connection with observations of
Contracto�'s Work while it is in progress:
a. Make up to six(4)visits to the Site at intervals appropriate to the various stages of
construction,as Engineer deems necessary,to abserve the progress of Contractor's
executed Work. Such visits and observatians by Engineer, are not intended to be
exhaustive or to extend to every aspect af the Wark or to invoive detailed inspections
of the Work beyond the responsibilities specifically assigned to Engineer in the
Agreement,this Task Order, and the Canstruction Contract Documents, but rather
are to be limi#ed to spot checking,selective sampling,and similar methods of general
observation of the Work based on Engineer's exercise of professional judgment.
Based on information obtained during such visits and abservations, Engineer will
determine in general if the Work is proceeding in accardance with the Construction
Contract Dacuments,and Engineer shall keep Owner informed of the progress of the
Work.
Exhibit A—Engineer's Services—H25 Remediation Project
EJCDC° E-505,Agreemerrt Between Owr�er and Engineer fa Prafessional5ervices—Task drder Edition.
Copyri�ht(�20i4 National Sodety of Professional Engineers,American Counci!of Engineering Comparries,
and American Soaety of tnril Engineers. AU rights reserved.
Page 4
�
b. The purpose of Enginee�'s visits to the Site,will be to enable Engineer to better carry
out the duties and responsibilities assigned to and undertaken by Engineer during
the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an
experienced and qualified design professional,to provide for Owner a greater degree
of confidence that the completed Work will conform in general to the Construction
Contract Documents and that Contractor has implemented and maintained the
integrity of the design concept of the completed Project as a functioning whole as
indicated in the Construction Contract Documents. Engineer shall not, during such
visits or as a result of such observations of the Work, supervise, direct, or have
control over the Work, nor shall Engineer have authority over or responsibility for
the means,methods,techniques,sequences,or procedures of construction selected
or used by any Canstructor,for security or safery at the Site,for safety precautions
and programs incident to any Constructor's work in progress,for the coordination of
the Constructors'work or schedules,nor for any failure of any Constructor to comply
with Laws and Regulations applicable to furnishing and performing of its work.
Accordingly, Engineer neither guarantees the performance of any Constructor nor
assumes responsibility for any Constructor's failure to furnish or perform the Work,
or any portion of the Work, in accordance with the Construction Contract
Documents.
8. Defective Work:Rejed Work if,on the basis of Engineer's observations, Engineer believes
that such Work is defective under the terms and standards set forth in the Construction
Contract Documents. Provide recommendations to Owner regarding whether Contractor
should correct such Work or remove and replace such Work, or whether Owner should
consider accepting such Work as provided in the Construction Contract Documents.
9. Compatibility with Design Concept:If Engineer has express knowledge that a specific part
of the Work that is not defective under the terms and standards set forth in the
Construction Contract Documents is nonetheless not compatible with the design concept
of the completed Project as a functioning whole, then inform Owner of such
incompatibility,and provide recommendations for addressing such Work.
10. Clarifications and Interpretations:Accept from Contractor and Owner submittal of all
matters in question concerning the requirements of the Construction Contract
Documents(sometimes referred to as requests for information or interpretation—RFIs),
or relating to the acceptability of the Work under the Construction Contract Documents.
With reasonable promptness,render a written clarification,interpretation,or decision
on the issue submitted,or initiate an amendment or supplement to the Construction
Contract Documents.
11. Field Orders:Subject to any limitations in the Construction Contract Documents,Engineer
may prepare and issue Field Orders requiring minor changes in the Work.
Exhibit A—Engineer's Services—H25 Remediation Project
EJCDC° E-505,Agreemerrt Between Owner and Engineer for Professional5ervices—Task Order EdRion.
Copyright�2014 National Sodety of Professional Engineers,American touncil of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5
i
12. Change Orders and Work Change Directives: Recommend Change Orders and Work I
Change Directives to Owner, as appropriate, and prepare Change Orders and Work '
Change Directives as required.
13. Differing Site Conditions: Respond to any notice from Contractor of differing site
conditions,including conditions relating to underground facilities such as utilities,and
hazardous environmental conditions.Promptly conduct reviews,obtain information, and
prepare findings,conclusions,and recommendations for Owner's use,subject to the
limitations and responsibilities under the Agreement and the Construction Contract.
14. Non-reviewable matters: If a submitted matter in question concerns the Engineer's
performance of its duties and obligations, or terms and conditions of the Construction
Contract Documents that do not involve(1)the performance or acceptability of the Work
under the Construction Contract Documents,(2)the design (as set forth in the Drawings,
Specifications,or otherwise),or(3)other engineering or technical matters,then Engineer
will promptly give written notice to Owner and Contractor that Engineer will not provide
a decision or interpretation.
15. Shop Drawings, Samples, and Other Submittals: Review take appropriate action with
respect to Shop Drawings, Samples, and other required Contractor submittals, but only
for conformance with the information given in the Construction Contract Documents and
compatibility with the design concept of the completed Project as a functioning whole as
indicated by the Construction Contract Documents. Such reviews will not extend to
means, methods, techniques, sequences, or procedures of construction or to safety
precautions and programs incident thereto.
16. 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 A2.01.B.2 of this Exhibit A.
17. Inspections and Tests:
a. Receive and review all certificates of inspections, tests, and approvals required by
Laws and Regulations or the Construction Contract Documents. Engineer's review of
such certificates will be for the purpose of determining that the results certified
indicate compliance with the Construction 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 Construction
Contract Documents. Engineer shall be entitled to rely on the results of such
inspections and tests.
b. As deemed reasonably necessary, request that Contractor uncover Work that is to
be inspected,tested,or approved.
Exhibit A—Engineer's Services—H2S Remediation Project
EJCDC• E-505,Agreement Between Owner and Engineer fa Professional Services—Task Order Edition.
Copyright�2014 National Soaety of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6
c, Pursuant to the terms of the Construction Contract,require additional inspections or
testing of the Work,whether or not the Work is fabricated,installed,or completed.
18. Change Proposals and Claims:(aj Review and respond ta Chan�e Proposals. Review each
duly submitted Change Proposal from Contractar and,within 30 days after receipt of the
Cantractar's supporting data, either deny the Change Propasai in whole, approve it in
whole,or deny it in part and apprave it in part.Such actions shall be in writing,with a capy '
provided to Owner and Cantractar.lf the Change Praposal does not inuolve the design(as
set forth in the Drawings,Specifications,or otherwisej,the acceptability of the Work,or
ather engineering or technical matters, then Engineer will natify the parties that the
Engineer will not resolve the Change Proposal.(b) Provide information or data to Owner
regarding engineering or technical matters pertaining to Claims.
19. Applications for Poymer►t: Based on Engineer's observatians as an experienced and
qualifiied design professional and on review of Applications for Payment and
accampanying supparting dacumentation:
a. Determine the amounts that Engineer recommends Contractar be paid.Recommend
reductions in payment {set-offs) based on the provisions for sst-offs stated in the
Cpnstruction Contract.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 Work is generaAy in
accordance with the Construction Contract Documents (subject to an evaluation of
the Work as a functioning whale priar to or upon Substantial Completion, to the
results of any subsequent tests called for in the Construction Contract Dacuments,
and to any ather qualificatians stated in the recommendation), and#he conditians
precedent to Contractor's being entitted ta such payment appear to have been
fulfilted in so far as it is Engineer's responsibility to observe the Wark. in the case of
unit price work, Engineer's recommendations of payment wilt include final
determinations of quanti#ies and dassi�cations of the Wark {subjert to any
subsequent adjustments allawed by the Constructian Contract Dacuments).
b. By recommending paymen#, Engineer shall not thereby be deemed to have
represented that abserva#ions made by Engineer ta check the quality ar quantity of
Cantractor's Work as it is performed and furnished have been exhaustive,extended
to every aspect af Contractor's Work in pragress,or involved detailed inspections of
the Work beyond the respansbilities specifically assigned ta Engineer in the
Agreement ar this Task Order. Neither Engineer's reuiew of Contractor's Work for
the purpases of recammertding payments nor Engineer's recorrtmendation af any
payment including finat payment will impase on Engineer responsibility to supervise,
direct, or cantrol the Work, or for the means, methods,techniques, sequences, or
procedures of construction or safety precautions ar programs incident thereto, or
Contractar's campliance with Laws and Regulations applicable to Contractor's
furnishing and performing the Work. It will also not impose responsibility on
Exhibit A—Engineer's Services—H25 Remediation Project
E1CDC' E-505,Agreemerrt Between Owner and Engineer for Professionai Services—Task Order Edition.
Copyrighx�2014 National Sodety of Professionat Eng�s,American Courxil of Engineering Companies,
and American Saciety of CNII Engineers. All rights reserved.
Page 7
Engineer to make any examinatian to ascertain haw or for what purposes Contractor
has used the money paid to Contractar by Owner; to determine that title to any
portion of the Work,including 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 Owner and Cantractor that might affect the '
amaunt that should be paid.
20. Cantractor's Comptetion Documents: Receive from Contractor, review, and transmit to
Owner maintenance and aperating instructions, schedutes, guarantees, bonds,
certificates or other evidence of insurance required by the Construct'son Contract
Documents,certificates of inspection,tests and apprauals,and Shop Drawings,Samples,
and other data reviewed as provided under Paragraph A1.05.A.17. Receive fram
Contractor,review,and transmit to Owner the annatated record documents which are to
be assembled by Contractor in accordance with the Canstruction Contract Documents to
obtain final payment. The extent of Enginee�'s review of record documents shall be to
check that Gontractor has submitted all pages.
21. Substantro!Comptetion: Promptly after notice fram Contractor that Contrac#or considers
the entire Work ready for its intended use,in company with Owner and Contractor,visit
the Site ta review the Work ar►d determine the status of campletion. Follow the
procedures in the Construction Contract regarding the preliminary certificate of
Substantial Completion,punch list of items to be completed, Owner's objections,notice
ta Cantractor,and issuance of a final certificate of Substantial Completion. Assist Owner
regarding any remaining engineering or technical matters affecting Owner's use or �
occupancy of the Work fo(lowing Substantial Campletion. �
22. �ina!Notice of Aceeptability of the Work: Canduct a final visit to the specific Project to �,
determine if the Wark is campiete and acceptable sa that Engineer may recammend, in �
writing,fina)payment to Contractor.
23. Standards for Certain Constructian-Phase Decisions: Engineer will render decisions
regarding the requirements af the Construction Contract Documents, and judge the
acceptability of the Work,pursuant to the specific procedures set forth in the Construction
Contract for initial interpretations, Change Praposals, and ecceptance of the Wark. In
rendering such decisions and judgments, Engineer will not show partiality to Owner or
Contractor,and will not be liable to Owner, Contractor,or others in connection with any
proceedings, interpreta#ions, decisions, or judgments canducted or rendered in good
faith.
24. Start-up: fngineer will review operation and maintenance manuals submitted by the
Contractor and will be on site during the equipment start-up and operator tra'sning.
25. Record Orawings:Engineer will develap Recard Drawing far the project and submit to the
MT-DEQ and two paper copies to the Owner along with one digital copy in PDF forrnat.
Exhibit A—Engineer's Services—H2S Remediation Project
E1CdC" E-505,Agreemerrt Between Owner and Engineer fa Professionai Serviees—7ask Order Edition.
Copyright�2014 Natia»al Sodety of Professional Eng�e�s,Ameritan tountfl of Engineering Companies,
and American Society of Civil Engineers. All rights reserved,
Page 8
B. Duration of Construction Phase: The Construction Phase will commence with the execution of
the first Construction Contract for the specific Project or any part thereof and will terminate
upon written recommendation by Engineer for final payment to Contractors. If the speci�c
Project involves more than one prime contract as indicated in Paragraph A1.03.C, then �
Construction Phase services may be rendered at different times in respect to the separate '
contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable ,
increase in compensation if Construction Phase services (including Resident Project
Representative services, if any) are required after the original date for completion and
readiness for final payment of Contractor as set forih in the final Construction Contract under
the Task Order.
A1.06 Post-Construction Phase
A. Upon written authorization from Owner during the Post-Construction Phase,as Basic Services,
Engineer shall:
1. Together with Owner,visit the Project to observe any apparent defects in the Work,make
recommendations as to replacement or correction of defective Work,if any,or the need ,
to repair of any damage to the Site or adjacent areas, and assist Owner in consultations
and discussions with Contractor concerning correction of any such defective Work and
any needed repairs.
2. Together with Owner, visit the Project within one month before the end of the
Construction Contract's correction period to ascertain whether any portion of the Work
or the repair of any damage to the Site or adjacent areas is defective and therefore subject
to correction by Contractor.
B. The Post-Construction Phase services may commence during the Construction Phase and, if
not otherwise modified in this Exhibit A, will terminate twelve months after the
commencement of the Construction Contract's correction period.
PART 2—ADDITIONAL SERVICES
A2.01 Additional Services Requiring an Amendment to Task Order
A. Advance Written Authorization Required: During performance under a Task Order,Owner may
authorize Engineer in writing to furnish or obtain from others Additional Services of the types
listed below. Unless expressly indicated above or in the specific Task Order to be included Basic
Services,the following services are not included as part of Basic Services and will be paid for by
Owner as Additional Services, using the basis of compensation for Additional Services, as
indicated in the specific Task Order.
1. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services)for private or governmental grants,toans,or advances in connection
with the Specific Project;preparation or review of environmental assessments and impact
Exhibit A—Engineer's Services—H2S Remediation Project
EJCDC• E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edkion.
Copyright�2014 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Cnril Engineers. All rlghts reserved.
Page 9
statements; review and evaluation of the effects on the design requirements for the
Specific Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Specific Project.
2. Full-time RPR Services.
3. Services to make measured drawings of existing conditions or facilities, to conduct tests
or investigations of existing conditions or facilities, or to verify the accuracy of drawings ,
or other information furnished by Owner or others.This shall include any survey services
not explicitly stated within the scope of services.
4. Services resulting from significant changes in the scope, extent, or character of the
portions of the Specific Project designed or specified by Engineer,or the Specific Project's
design requirements, including, but not limited to, changes in size, complexity, Owne�'s
schedule, character of constructian, or method of financing; and revising previously
accepted studies, reports, Drawings,Specifications,or Construction Contract Documents
when such revisions are required by changes in Laws and Regulations enacted subsequent
to the Effective Date of the Task Order or are due to any other causes beyond Engineer's
controL
5. Services resulting from Owner's request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to herein.
6. Services required as a result of Owner's providing incomplete or incorrect Specific Project
information to Engineer.
7. Providing renderings or models for Owner's use, including services in support of building
information modeling or civil integrated management.
8. Undertaking investigations and studies including,but not limited to:
a. Evaluation of alternatives to aeration,if Engineer identifies concerns in the ability of
aeration options to adequately address the H2S remediation.
b. detailed consideration of operations,maintenance,and overhead expenses;
c. based on the engineering and technical aspects of the Project, the preparation of
feasibility studies (such as those that include projections of output capacity, utility
project rates, project market demand, or project revenues) and cash flow analyses,
provided that such services do not include rendering advice regarding municipal
financial products or the issuance of municipal securities; '
d. preparation of appraisals;
Exhibit A—Engineer's Services—H25 Remediation Project
EJCDC• E-505,Agreement Between Owner and Engineer far Professional Servlces—Task Order Edition.
Copyright�2014 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civll Engineers. All rights reserved.
Page 10
e. evaluating processes available for licensing,and assisting Owner in obtaining process
licensing;
f. detailed quantity surveys of materials,equipment,and labor;and
g. audits or inventories required in connection with construction performed or
furnished by Owner.
9. Furnishing services of Consultants for other than Basic Services.
10. Providing data or services of the types described in Exhibit B, when Owner retains
Engineer to provide such data or services instead of Owner furnishing the same.
11. Providing the following services: '
a. Services attributable to more prime construction contracts than specified in
Paragraph A1.03.0 or the specific Task Order.
b. Services to arrange for performance of construction services for Owner by
contractors other than the principal prime Contractor, and administering Owner's
contract for such services. �
i
12. Services during out-of-town travel required of Engineer,other than for visits to the Site or ',
Owner's office as required in Basic Services. �
13. 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 constructability review
requested by Owner; and performing or furnishing services required to revise studies,
reports,Drawings,Specifications,or other documents as a result of such review processes.
14. Preparing additional bidding-related documents (or requests for proposals or other '
construction procurement documents)or Construction Contract Documents for alternate
bids or cost estimates requested by Owner for the Work or a portion thereof.
15. Assistance in connection with bid protests, rebidding, or renegotiating contracts for
construction,materials, equipment,or services,except when such assistance is required
to complete services required by Paragraph 5.02.A and Exhibit F.
16. Preparing conformed Construction Contract Documents that incorporate and integrate
the content of all Addenda and any amendments negotiated by Owner and Contractor.
17. Providing Construction Phase services beyond the original date for completion and
readiness for final payment of Contractor, but only if such services increase the total
quantity of services to be performed in the Construction Phase, rather than merely
shifting performance of such services to a later date.
Exhibit A—Engineer's Services—H25 Remediation Project
EJCDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Edkion.
Copyright�2014 National5odety of Professional Engineers,American Council of Engineering Companies,
and Amerkan Soaety of Civil Engineers. All rights reserved.
Page 11
i
18. Supplementing Record Drawings with information regarding the completed Project,Site,
and immediately adjacent areas obtained from fieid observations, Owner, utility
companies,and other reliable sources.
19. Conducting surveys, investigations, and field measurements to verify the accuracy of
Record Drawing content obtained from Contractor, Owner, utility companies, and other
sources;revise and supplement Record Drawings as needed.
20. Preparation of operation,maintenance,and staffing manuals.
21. Protraded or extensive assistance in refining and adjusting of Project equipment and
systems(such as initial startup,testing,and balancing).
22. Assistance to Owner in training Owner's staff to operate and maintain Specific Project
equipment and systems.
23. Assistance to Owner in developing systems and procedures for(a)control of the operation �
and maintenance of Project equipment and systems,and(b)related recordkeeping. ;
24. Preparing to serve or serving as a consultant or witness for Owner in any litigation, I
arbitration, mediation, lien or bond claim, or other legal or administrative proceeding
involving the Project.
25. Providing construction surveys and staking to enable Contractor to perform its work other
than as required under Paragraph A1.05.A.8,and any type of property surveys or related
engineering services needed for the transfer of interests in real property; and providing
other special field surveys.
26. Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner.
27. Excessive services during any correction period, or with respect to guarantees called for
in the Construction Contract(except as agreed to under Basic Services).
28. Provide assistance in responding to the presence of any Constituent of Concern at any
Site, in compliance with current Laws and Regulations.
29. Other additional services performed or furnished by Engineer not otherwise provided for
in this Agreement.
B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that
Engineer will immediately commence to perform or furnish the Additional Services of the types
listed below. For such Additional Services, Engineer need not request or obtain specific
advance written authorization from Owner. Engineer shall cease performing or furnishing such
Additional Services upon receipt of written notice from Owner. Unless expressly indicated
above or in the specific Task Order to be included Basic Services,the following services are not
Exhlbit A—Engineer's Services—H25 Remediation Project
EJCDC• E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition.
Copyright�2014 National Soaety of Professional Engineers,American Councll of Engineering Companies,
and American Society of Civil Engineers. All righu reserved.
Page 12
i
included as part of Basic Services and will be paid for by Owner as Additional Services, using !
the basis of compensation for Additional Services,as indicated in the specific Task Order. '
1. Services in connection with Work Change Directives and Change Orders to refled changes
requested by Owner.
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance
of substitute materials or equipment other than"or equal"items;services after the award
of the Construction Contract in evaluating and determining the acceptability of a
proposed "or equal" or substitution which is found to be inappropriate for the Project;
evaluation and determination of an excessive number of proposed "or equals" or
substitutions,whether proposed before or after award of the Construction Contract.
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 arising from(a)the presence at the Site of any Constituent I
of Concern or items of historical or cultural significance, (b) emergencies or ads of God �I
endangering the Work, (c) damage to the Work by fire or other causes during
construction, (d) a significant amount of defective, neglected, or delayed Work, (e)
acceleration of the progress schedule involving services beyond normal working hours,or
(f)default by Contractor.
5. Services(other than Basic Services during the Post-Construction Phase)in connection with
any partial utilization of the Work by Owner prior to Substantial Completion.
6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs),
Change Proposals, or other demands from Contractor or others in connection with the
Work,or an excessive number of RFIs,Change Proposals,or demands. �i
7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a �!
result of repeated inadequate submissions by Contractor. '
8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or
Contractor's safety program provided to Engineer subsequent to the Effective Date that
exceed those normally required of engineering personnel by Federal,State,or local safety
authorities for similar construction sites.
Exhibit A—Engineer's Services—H2S Remediation Project
EJCDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Edklai.
Copyright�2014 National Society of Professanal Engineers,American Council of Engineering Companies, '
and Amerkan Society of Civil Engineers. All rights reserved.
Page 13