HomeMy WebLinkAboutResolution No. R18-09 RESQLUTI4N NU. R18-09
A RESC?LUTIQN AP'PRQVIlYG TI�E TASK ORDER AUTHt}RIZING KADRMAS, LEE &
JACKSOl�T, INC. TC!DESIGN TI�E ADDITI4N OF A SLUDGE SCREW PRESS !
AND CONVEYANCE SYSTEM FQR THE CITY tJF LAUREL'S WASTEWATER TREATMENT
FACILITY,
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WHEREAS, the City of Laurel previously executed at� Agreement for Prafessional Services with �
Kadrmas, Lee&Jacksan, Inc. ("KL&J"}on December 5, 2017, via Resolution No. R17-69; and �
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WHEREAS, the City of Laurel currently needs a wastewater treatment plant screw and a�
conveyance system designed and installed at the City's wastewater treatrnent facility; and
WHEREAS, the City's Engineering Firm, KL&J, prepared the Task Order for the design, selection
and cc►nstruction of the system as fully described within the attached Task Order with is incor�rated
herein by reference; and
WHEREAS, the services to be provided and cost for such services are fully described in the
attached Task Clyder.
NOW, THEREFORE, BE IT RESOLVED by the City Council af the Gity 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 an the City's behalf.
Introduced at a regular rneeting of the City Council on February 20, 2018, by Council Mernber �
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Herr
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PASSED and APPROVED by the City �ouncil of the City of Laurel this 20`h day of February, '
2018.
APPROVED by the Mayor this 2Qth day of February, 2018.
CITY OF LAUREL
Thamas C. Nelsan, Mayor
AT;,T` T�
f�
Beth K ler, Clerk-Treasurer
APPR(JV A 4RM:
Sam Painter, Civil City Attarney
R18-09 Approve Task Order for WTP Screw Press Kadrmas, Lee&7ackson, Ine.
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This is a Task Order for KU Project Na. 1804-00120,
cansisting of 4 pages,pius attachments.
Task Clyder:Wastewater Treatment Piant Screw Press
In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Prnfessional Services (
–Task Order Edi#ion,dated December 5, 2Q17("Agreement"),Owner and Engineer agree as follows: �
1. Backgraund Data
A. Effective Date of Task Order: February 20,2028
B. Owner: City of�aurel ,
C. Engineer: Kadrmas,Lee&Jackson,lnc.(dba"KU"} !
D. Specific Project(titlej: Wastewate�Treatment Plant Screw Press
E. Specific Project(description): This project cansists of the final selection of process equipment,
design, and canst.ruction phase services for the addition of a
sludge screw press and conveyance system at the Owner's
wastewater treatment facility.
2. Services af Engineer
A. The specific services to be pravided or turnished by Engineer under this Task Order are: ,
Set forth in Part 1—Basic Services of Exhitait A, "Engineer's Services far Task Order," j
madified for this specific Task Order,and attached to and incarporated as part af this Task �
t3rder.
B. Resident Project Representative(RPR}Services-Not Used
C. Qesigning to a Construction Cast limit–Nat Used
�. Other Services-None
E. All of the services included above comprise Basic Services for purpases of Engineer's
compensation under this Task Order.
3. Additional Services
A. Additional5ervices that may be autharized ar necessary under this Task Order are:
Set forth as Additional Services in Part 2—Additional Services, of Exhibit A, "Engineer's
Services for Task Order," modified for this specific Task Order, and attached to and
incorporated as part of this Task Order.
4. Owner's Responsibilities
Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B,
subject to the following:
Task Order Fcxm—Wastewater Treatmetrt Plant Screw Press
ElC�'�E-505,Agreement Between 8umer and Engineer for Pro#essional SenrEc:�s—Task Order Edit�n.
Copyright C�►2014 Natianal Saaety af Prc�fessional Engineers,American Council+af Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1
• Provide Engineer with access to the facilities,as needed,to complete the project. Provide
requested information included existing (as-built) plans, plant and sludge data, and any
prior completed sludge studies, reports and pilot studies. i
• Review preliminary reports and plans provided by Engineer. ,
• Pay the cost of any review fees imposed by agencies having jurisdiction over the projed. �
5. Task Order Schedule '
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 screw press operational by June 30, 2018. Engineer shall
work in good faith to expedite the design and implementation process with the intent of
achieving the desired operational date; however, both parties acknowledge that the lead
time on equipment will be critical in the achievement of the desired schedule.
• Owner will provide review comments, in writing, to Engineer for any draft deliverables
submitted by Engineer. Owner will provide comments within 7-days of submission by
Engineer.Owner acknowledges delays in review/response may extend the final schedule.
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• Engineer shall provide periodic updates to Owner on the anticipated completion schedule,
throughout the duration of the project.
6. Payments to Engineer ,
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A. Owner shall pay Engineer for services rendered under this Task Order as follows: ;
Description of Service Amount Basis of ,
Compensation ,
1. Basic Services(Part 1 of Exhibit A)* '
a. Study and Report Phase(A1.01) $25,000.00 Lump Sum
b. Preliminary and Final Design Phase(A1.02, $52,000.00 Lump Sum
A1.03j
c. Bidding or Negotiating Phase(A1.04) $7,000.00 Lump Sum
d. Construction Phase(A1.05) $15,500.00 Direct labor
e. Post-Construction Phase(A1.06) $4,500.00 Direct Labor
TOTAL COMPENSATION(lines i.a-e) $104,000.00 See Above Schedule
2. Additional Services(Part 2 of Exhibit A) (N/A) Direct Labor
*Based on a two-month continuous construction period.
Task Order Form—Wastewater TreatmeM Plant Saew Press
E1CDC•E-505,Agreement Between Owner and Engineer for Professional Services—Task Order EdRion.
Copyright�2014 Nationat Sodety of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2
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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 Engineer's labor,overhead,pro�t,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 I
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—Enginee�'s Services for Task Order
10.Other pocuments Incorporated by Reference:
December 5, 2017 Agreement between Owner and Engineer for Professional Services, I
Task Order Edition
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Task Order Form—Wastewater TreatmeM Plant Saew Press
E1CDC°E-505,Agreement Between Owner and Engineer for Professfonal Services—Task Order Edition.
CopyNght�2014 National Society of Professional Engineers,American Council of Engineering Companies,
and American Sodety of Civil Engineers. All rights reserved.
Page 3
il.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, L e&Jacks n,Inc.
By: .,� By:
Print Name: v' Print Name: /Jj�i,a�C /,�y1�Qp��o�
Title: � � U� Title: �;� �j��s;�e�
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 kmarkegard@Iaurel.mt.Qov E-Mail travis.jones@kljeng.com '
Address: Address:
Phone: 406-628-4796 Phone: 406-245-5499
Task Order Fam—Wastewater Treatment Plant Screw Press
EJCOC'E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edhion.
Copyright�2014 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Givil Engineers. All rlghts reserved.
Page 4
This is EXHIBIT A, consisting of 14 pages,
referred to in and part of the Task Order
dated February 20, 201$.
Engineer's Services for Task Order:Wastewater Treatment Plant Screw Press
PART 1—BASIC SERVICES
A1.01 Study and Report Phase Services
A. As Basic Services,Engineer shalE:
1. Consult with Qwner to define and clarify Owner's requirements for the Specific Project,
including design abjectives and constraints, space, capac'sty and per#ormance
requirements, flexibility, and expandability, and any budgetary limitatians, and identify
available data,information,reports,facilities plans,and site evaluations.
a. 1f 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 discussians between the Owner and Engineer, prior to the Task
Order,the likely salutian was identified to indude the addition of one screw press and
one conveyance sys#em.The conveyance system is likely to be located between the �
screw press and an averhead door,with a roii off dumpster to be located adjacent to
the existin�Thickener Building.The services provided ur�der this Exhibit are based on
this potentia!solution.
2. Due to schedule limitations to get the screw press online,Owner has elected ta forega a
pilot study for the proposed screw press.Owner has already campleted an investigation
of potential presses and will make a selection on which system it wishes Engineer to utilize
far design purposes.Owner also acknowied�es the patential that the system may require
some past-construction optimizatian and adjustments (both failawing commissioning,
and again once#he slud�e digesters have been rehabilitated and the system is stabilized),
with the resulting operations and maintenance costs dependent upon the type of
chemical feed system and required feed rates. Engineer shall not concern itself with the
potential of increased operations and maintenance casts from the selection af the press
without the completion of a pilot study,and instead shauld focus efforts to expedite the
design,construction,and commissioning of the facility.
3. Complete a preliminary investigation for the purpases of develaping budgetary costs and
an implementation schedule for the comple#ion of#he four identified wastewater projects
in 2018,if feasible.The budgets shall provide budgetary(evel opinions of the"all-in"costs
for the engineering, construction, and equipment necessary far the campletion of each i
praject; and the schedules shatl indude a timeline for er►gineering, equipment
pracurement, and construction. A rrtemorandum shall be provided to the Uwner
E�fiibR A—Engineer's 5ervices—Wastewater TreatmeM PIaM Screw Press
E1CDt• E-505,Agreemerrt Between Ow�er and Engineer for Professionat 5ervices—Task Order Editia�.
Copyright�2014 Natiortal Sodety of Prafessional Engineers,American Counci{of E�ineering Companies,
and American Saciety of Civil Engine+ers. Alf rights reserved.
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summarizing the findings of the preliminary investigation. With the findings af the
memorandum, the Owner will be able to identify its preferred schedule for
implementatian af each praject to align with financial constrain#s.The projects addressed
within the memorandum shall inciude:
a. installation of the screw press;
b. Replacement of the sludge handling pumps;
e. Cleaning and rehabilitation of the sludge digesters;
d. Rehabilitation and rebuilding of the Archimedes Screw Pump.
4. If the findings of the preliminary investigation indicate that it's feasib�e to complete all
projects in 2018, Owner and Engineer will coordinate far an amendment of an existing �
task arder or issuance of a new task order for the remaining efforts not included within
this Task Order ji.e.slud�e digesters and Archimedes screw pump).
5. �acilitate a tour of a similar screw press installation. This tour is anticipated ta be
conducted at the Miles City wastewater treatment plant.
6. Evaluate patential sludge cake conveyance systems for the project,far transfer from the
screw press to the exterior roil off dumpster area.
7. Develop a praposed conceptual floor plan for the project inctuding the screw press,
conveyance system and dumpster pad and cover if used.This project design will be based
an Recard Drawing of the Thickener Building.
8. Develop a draft design memo discussing the alternatives and recommendation for the
sludge cake cnnveyance system,the praposed floor plan and ather modifications to the
Thickener Building needed to complete this project. Provide the Owner with three copies
of the Draft Design Memo.
9. Meet with the Owner ta discuss the findings of the Draft Design Memo and incorporate
input from the Owner inta the Final Design Memo. The Final Design Mema will be the
basis of final design of the project.
10. Provide the Owner with three capies of the Fina!Design Memo,which will be the basis for
the remaining design effnrts.
B. Engineer's services under the Study and Report Phase will be considered complete on the date
when Engineer has delivered to Owner the Final Design Mema.
E�ibR A—Engineer"s Services—Wastewater Treatment PIaM Screw Press
E1CDC' f-585,Agreement Between Owner and Engineer for Professional Services—Task Order Edition.
Copyright�2014 National Soaety o#Drofessional Engineers,Am�ican Counc3l of Engineering Companies,
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A1.02 Preliminary 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 Project.
2. Provide the Owner with three copies of the 50'�o design, drawings and specifications for
their review.
3. Meet with the Owner to review the 50% drawings and specifications and solicit the
Owner's input prior to 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.
A1.03 Fina/Design Phase
A. As Basic Services,Engineer shall:
1. Prepare 95% Drawings and Specifications indicating the scope, extent, and character of
the Work to 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
Owner's input prior to advancing on to 100%drawings and specifications.
4. Develop the 100% drawings and specifications. Provide the Owner with three copies of
the of the 100%drawings and specifications.
5. Provide technical criteria,written descriptions, and design data for permitting submittal
to the MT-DEQ.
6. Develop and deliver to the Owner an opinion of probable Construction Cost.
B. Engineer's services under the Final Design Phase will be considered complete on the date when
Engineer has delivered to Owner the final Drawings and Specifications, other assembled
Construction Contract Documents, bidding-related documents (or requests for proposals or
other construction procurement documents),and any other Final Design Phase deliverables.
C. The number of prime contracts for Work designed or specified by Engineer upon which the
Engineer's compensation has been established under this Task Order is one. If more prime
contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation
under this Task Order.
E�ibit A—Engineer's Services—Wastewater Treatment Plarrt Screw Press
EJCDC• E-505,Agreemerrt Between Owner and En�ineer for Professional Services—Task Order EdRion.
Copyright�2014 National Soaety of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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A1.04 Bidding or Negotiating Phase
A. As Basic Services, Engineer shall:
1. Assist Owner during the bidding process by developing an advertisement, printing of bid
documents(Drawings and Specifications),distribution of bid documents,and maintaining
a Plan Holders list.
2. Coordinate and facilitate a pre-bid conference.
3. Prepare and issue Addenda, as appropriate to clarify, correct, or change the issued
documents.
4. Attend the bid opening, conduct a bid evaluation and prepare a recommendation of
award to the Owner.
B. The Bidding or Negotiating Phase will be considered complete upon the delivery of the
recommendation of award. More than one iteration of this Phase is not included.
A1.05 Construction Phase
A. As Basic Services, Engineer shall:
1. Coordinate the execution of the Contract Documents between the Owner and Contractor.
2. General Administrotion of Construction Contract: Consult with Owner and act as Owner's
representative as provided in the Construction Contract. The extent and limitations of the
duties, responsibilities, and authority of Engineer shall be as assigned in EJCDCm C-700,
Standard General Conditions of the Construction Contract (the Edition of which is to
coincide with the current Montana Public Works Standard Specifications in effect at the
time of a specific Task Orderl, prepared by the Engineers Joint Contract Documents
Committee, or other construction general conditions specified in the Agreement. If
Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of
Engineer in the Construction Contract,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 to furnish or perform services contrary to Engineer's responsibilities as a licensed
professional. All of Owner's instructions to Contractor will be issued through Engineer,
which shall have authority to act on behalf of Owner in dealings with Contractor to the
extent provided in this Agreement and the Construction Contract except as otherwise
provided in writing.
3. Pre-Construction Conference: Coordinate and participate in a pre-construction
conference prior to commencement of Work at the Site.
E�ibit A—Engineer's Services—Wastewater Treatment Plant Screw Press
EJCDC• E-505,Agreement Between Owner and Engineer fa Professional Services—Task Order Edition.
Copyright�2014 National Society of Professional Engineers,/Unerican Council of Engineering Companies,
and American Society of Civil Engineers. AN rights reserved.
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4. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify I
protocols for the transmittal of Project-related correspondence, documents, text, data, '
drawings,information,and graphics, in electronic media or digital format,either directly,
or through access to a secure Project website,then together with Owner and Contractor
jointly develop such protocols for transmittals between and among Owner, Contractor,
and Engineer during the Construction 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 Specifications signed and sealed by Engineer
and other design professionals in accordance with applicable Laws and Regulations.
Throughout the Construdion Phase, make such original printed record version of the
Construction Contract Documents available to Contractor and Owner for review.Original
Contract Documents shall be issued with a separate color spine or similar method of
differentiation,as coordinated with Owner.
6. Schedules: Receive,review,and determine the acceptability of any and all schedules that
Contractor is required to submit to Engineer, including the Progress Schedule, Schedule
of Submittals,and Schedule of Values.
7. Visits to Site and Observation of Construction: In connection with observations of il
Contractor's Work while it is in progress:
a. Make up to six(6)visits to the Site at intervals appropriate to the various stages of I
construction,as Engineer deems necessary,to observe the progress of Contractor's ',
executed Work. Such visits and observations by Engineer, are not intended to be
exhaustive or to extend to every aspect of the Work or to involve detailed inspections
of the Work beyond the responsibilities specifically assigned to Engineer in the
Agreement, this Task Order, and the Construction Contract Documents, 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.
Based on information obtained during such visits and observations, Engineer will
determine in general if the Work is proceeding in accordance with the Construction
Contract Documents,and Engineer shall keep Owner informed of the progress of the
Work.
b. The purpose of Engineer'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
E�ibit A—Engineer's Services—Wastewater Treatment Plarrt Screw Press
E1CDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order EdRion.
Copyright�2014 National Society of Profeuional Engineers,Ameriwn Council of Engineering Companies,
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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 Constructor,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:Reject 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 Concepi: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 Contrad
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.
12. 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.
13. Differing Site Condifions: 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 i
prepare findings, conclusions, and recommendations for Owne�'s use, subject to the
limitations and responsibilities under the Agreement and the Construction Contract.
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E�ibit A—Engineer's Services—Wastewater Treatment Plant Screw Press
EJCDC' E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Editiai.
Copyright�2014 Natlonal Society of Professional Engineers,American Council of Engineering Companies,
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14. Non-reviewable matters: If a submitted matter in question concerns the Engineer's
perfarmance af its duties and obligations, ar terms and conditions of the Constructian
Contract Documents that do nat involve(1}the performance or acceptability of the Wark
under the Constructian Contract Documents, (2)the design (as set forth in the Drawings,
Specifications,or atMerwise),or(3j other engineering or technical matters,then Engineer
will promptly give written notice ta Owner and Contractar that Engineer will not provide
a decision or interpretatian.
15. Shop Drawings,Samples,and OtherSubmittats: Review and take appropriate action with
respect to Shop Drawings, Samples, and other required Contractor submittals, but only ;
far conformance with the information given in the Construction Contract Documents and
campatibility with the design concept of the completed Project as a functioning whale as
indicated b the Construction
y Contract Dacuments. Such reviews will nat extend to
means, methods, techniques, sequences, or procedures of construction or to safety
precautions and programs incident thereto. �
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15. Su6stitutes and"or-equa!": Evaluate and de#ermine the acceptability of substitute or"or-
equai"materiais and equipment proposed by Contractar,but subject to the pravisions af
Paragraph A2.O1.B.2 of this Exhibit A. I
17. Inspections and Tests:
a. Receive and review ait certi�cates af inspections, tests, and approvals required by
Laws and Regulations or the Construction Contract Documents. Engineer's review of
such certificates wiN be for the purpase of determining that the results certified
indicate compliance with the Constructian Cantract Documents and wi{I not
constitu#e an independent evaluation that the content or procedures of such
inspectians, tests, or approvals compEy with the requirements of the Construction
Contract Documents. Engineer shall be entitled ta rely on the resufts af such
inspections and tests,
b. As deemed reasonably necessary, reques#that Contractor uncover Wark that is to
be inspected,tested,or appraved.
c. Pursuant to the terms of the Canstructian Contract,require additional inspections or
testing of the Wark,whether or not the Work'ss fabricated,installed,ar completed.
18. Change Praposals and Claims;(a) Review and respond to Change Proposals.Review each
duly submitted Change Proposal from Contractar and,within 30 days after receipt af the
Contractor's supporting data, either deny the Change Proposa) in whole, approve it in
whole,or deny it in part and approve it in part.Such actions shall be in writing,with a capy
provided ta Owner and Contractor.If the Change Proposal does not involve the design(as
set forth in the Drawings,Specifications, or otherwise),the acceptability of the Wark,or �
other engineering or technical matters, then Engineer witl notify the parties that the j
E�IbR A—Engineer's Services—Wastewater Treatment Plarit Screw Press
E1COC�` E-505,AgreemeM Between Owner and Engineer for Professional Seruices—Task Order EdRia�.
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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 Poyment: Based on Enginee�'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.Recommend
reductions in payment (set-offs) based on the provisions for set-offs stated in the
Construction 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 generally in !,
accordance with the Construction Contract Documents (subject to an evaluation of �I
the Work as a functioning whole prior to or upon Substantial Completion, to the �,
results of any subsequent tests called for in the Construction Contract Documents, '
and to any other qualifications stated in the recommendation), and the conditions
precedent to Contractor's being entitled to such payment appear to have been
fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of
unit price work, Engineer's recommendations of payment will include final ',
determinations of quantities and classifications of the Work (subject to any
subsequent adjustments allowed by the Construction Contract Documents).
b. By recommending 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 inspections of
the Work beyond the responsibilities specifically assigned to Engineer in the
Agreement or this Task Order. Neither Engineer's review of Contractor's Work for
the purposes of recommending payments nor Engineer's recommendation of any
payment including final payment will impose on Engineer responsibility to supervise,
direct, or control the Work, or for the means, methods, techniques, sequences, or
procedures of construction or safety precautions or programs incident thereto, or
Contractor's compliance with Laws 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 money paid to Contractor 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 Contractor that might affect the
amount that should be paid.
20. Contractor's Completion Documents: Receive from Contractor, review, and transmit to I
Owner maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance required by the Construction Contract
E�ibit A—Engineer's Services—Wastewater Treatment Plant Screw Press
EJCDC' E-505,Agreement Between Owner and Engineer far Professional Services—Task Order Edition. I
Copyright�2014 National Society of Professional Engineers,American Council of Engineering Companies, '
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Page 8
bocuments,certificates of inspection,tests and approvals,and Shap Drawings,Samples,
and other data reviewed as provided under Paragraph A1.OS.A.17. Receive fram
Contractor,review,and transmit to Owner the annotated record dacuments which are to
be assernbted by Contractor in accordance with the Construction Contract Dacuments to
obtain final payment. The extent of fngineer's review of record documents shall be to
check that Contractor has submitted all pages.
21. Substantia!Completian: Promptiy after natice from Contractar that Contractor cansiders
the entire Work ready for its intended use,in company with Owner and Cantractor,visit !
the Site to review the Work and determine the status of campletian. Follow the
procedures in the Construction Cantract regarding the preliminary certificate of �
Substantial Completian, punch list of items to be completed, Owner's objections, notice '
ta Cantractor,and issuance of a finai certificate of Substantial Completion. Assist Owner
regarding any remaining engineering ar technical matters affecting Owner's use or
occupancy of the Work follawing Substantial Completion.
22. Fin�rl Natice of Aceeptabtlrty of the Work: Conduct a final vis'rt to the spec'sfic Project to
determine if the Work is complete and acceptabie so that Engineer may recommend, in
writing,final payment to Contractor.
23. Standards for Certain Construction-Phase Decisions: Engineer will render decisians
regarding the requirements of the Construction Contract Documents, and judge the
acceptability of the Work,pursuant to the specific procedures set forth in the Construction
Contract far initial interpretations, Change Praposals, and acceptance of the Work. in
rendering such decisions and judgments, Engineer will not shaw partia(ity to t7wner or
Contractor,and will not be liable to Owner, Contractor,ar others in cannection with any
proceedings, interpretations, decisians, or judgments conducted or rendered in good
fai#h.
24. Start-up: Engineer wili review operation and maintenance manuals submi#ted by the
Contractor and will be on site during the equipment start-up and operator training.
25. Record prawings:Engineer will develap Recard Drawing for the project and submit to the '
;
MT-fJEQ and two paper copies to the Owner alang with one digital copy in PQF format.
B. Duration of Construction Phase: The Constructian Phase will commence with the execution af
the first Constructian Contract for the specific Praject ar any part thereaf and will terminate
upon written recommendation by Engineer for final payment ta Cantrac#ars. 1f the specific
Pro�ect involves more than one prime cantract as indicated in Paragraph A1.03.C, then
Construdion Phase services may be rendered at different times in respect to the separate
contracts. Subject to the provisions af Article 3, Engineer shall be entitled to an equitable
increase in compensatian if Construction Phase services (including Resident Project
Representative services, if any) are required after the original date for comp�etion and
readiness for final payment of Contractor as set forth in the final Construction Contract under
the Task Order.
E�ibit A—Engineer's Services—Wastewater Treatment Plarrt Screw Press
ElCdC• E-585,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Editian.
Capyright�2Q14 National5oaety af ProfessFo�al Engineers,Amerlcan Councit of Engineering Compani�,
and Amerkan Society of Cnril Engineers. All�ights�eserved.
Page 9
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 Projed within one month before the end af 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 I
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 I
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. Include the design of the replacement of one or both sludge transfer pumps in the lower
level of the digester building.
2. Full-time RPR Services.
3. Oversight of the screw press operations and chemical feed adjustments in order to
optimize the performance(both the initial optimization and the subsequent optimization
that will occur once the digester rehabilitation is completed),following the completion of
the digester rehabilitation, once the WWTP operations have normalized from the
reduction of sludge.
4. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services)for private or governmental grants,loans,or advances in connection
with the Specific Project;preparation or review of environmenta)assessments and impact
Exhibit A—Engineer's Services—Wastewater Treatment Plarrt Screw Press
EJCDC• E-505,Agreemerrt Between Owner and Engineer for Professional Services—Task Order Edition.
Copyright�2014 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 10
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.
5. 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.
6. Revisions or additions when such revisions or additions are inconsistent with approvals or
instructions previously given.
7. 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,Owner's
schedule, character of construction, 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
8. Services resulting from Owner's request to evaluate additional Study and Report Phase
alternative solutions beyond those agreed to herein.
9. Services required as a result of Owner's providing incomplete or incorrect Specific Project
information to Engineer.
10. Providing renderings or models for Owner's use, including services in support of building
information modeling or civil integrated management.
11. Undertaking investigations and studies including,but not limited to:
a. detailed consideration of operations,maintenance,and overhead expenses;
b. 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;
c. preparation of appraisals;
d. evaluating processes available for licensing,and assisting Owner in obtaining process
licensing;
e. detailed quantity surveys of materials,equipment,and labor;and
E�ibit A—Engineer's Services—Wastewater Treatment Plarrt Screw Press
EJCDC• E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edkion.
Copyright�2014 National5ociety of Professional Engineers,American Council of Engineering Companies,
and Amerkan Society of Civil Engineers. All rights reserved.
Page 11
f. audits or inventories required in connection with construction perFormed or
furnished by Owner.
12. Furnishing services of Cansuttants far ather than Basic Services.
13. Providing data or services of the types described in Exhibit B, when Owner retains �
Engineer to provide such data or services instead af Owner furnishing the same. �
14. Providing the follawing services:
a. Services attributable to mare prime construction contracts than specified in ?
Paragraph A1.03.0 or the specific Task�rder. f
b. Services to arrange for performance of construction servtces for 4wner by
contractors other than the principal prime Contractor, and administering Owner's
contract for such services.
15. Services during out-of-town travel required of Engineer,ather than for visits to the Site or
Owner's office as required in Basic Services.
16, Preparing for, coardinating with, participating in and responding to structured
independent review processes, including, but nat limited ta,construc#ion management,
cost estimating, praject peer review, ualue engineering, and constructability review
requested by Owner; and performing or furnishing services required to revise studies,
reparts,Drawings,Specifications,ar other documents as a result af such review processes.
17. Preparing additional bidding-related documents (or requests for proposals or other
construction procurement documents)or Construction Cantract Documents for alternate
bids or cost estimates requested by Owner for the Wark ar a portion thereof.
18. Assistance in cannection with bid protests, rebidding, or renegotiating contrads far ,
construction,materials,equipment,or services,except when such assistance is required
to comple#e services required by Paragraph 5.02.A and Exhibit F.
19. Preparing conformed Construction Contract Documents that incorporate and integrate
the content of all Addenda and any amendments negatiated by Owner and Contrac#or.
20, Providing Construction Phase services beyond the original date for completion and
readiness for finat payment of Cantractor, but oniy if such services increase the total
quantity of services ta be performed in the Construction Phase, rather than merely
shifting perfarmance af such services ta a later date.
21. Supplementing Record Drawings with information regarding the cornpleted Project,Site,
and immediately adjacent areas abtained from field observations, Owner, utility
companies,and other reliable sources.
Exhibit A—Engineer's Services—Wastewater Treatment Plarit Screw Press
ElCDC' E-S05,Agreemerrt Between flwr�er and Engineer for Prafessiona!Services—Task Order Editian.
Capyrigttt�2014 National Society of Professio»al F.�regitteers,American Council of Engineering Companies,
and,American Soaety of Givil Engine�rs. All rights reserved.
Page 12
22. Conducting surveys, investigations, and field measurements to verify the accuracy of
Recard Drawing content obtained from Contractor, Owner, utility companies, and other I
saurces;revise and supplement Record Drawings as needed,
i
23. Preparation af operation,maintenance,and sta�ng manuats. ',
24. Protracted or extensive assistance i� refining and adjustin� of Project equipment and
systems(such as initia!startup,testing,and balancing).
25. Assistance to Owner in training Owner's staff to operate and maintain Specific Project
equipment and systems.
2b. Assistance ta Owner in develaping systems and procedures for(aj controi af the operation
and main#enance af Project equipment and sys#ems,and(b)related recordkeeping.
27. Preparing to serve ar serving as a consultant or witness for Qwner in any litigation,
arbitration, mediation, lien or bond claim, or other lega! ar administrative proceeding
involving the Project.
28. Providing canstruction surveys and staking to enable Con#ractor to perform its work and
any type of praperty surveys or related engineering services needed for the transfer of
interests in real property;and providing ather special field surveys.
29. Providing mare extensive seruices required to enable Engineer to issue notices or
certifications requested by Owner.
30. Excessive services during any carrection period, or with respect to guarantees called far
in the Canstruction Contract(except as agreed to under Basic Services).
31. Provide assistance in responding to the presence of any Constituent of Concern at any
Site,in compliance with current�aws and Regutatians.
32. 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 frvm Owner. Engineer shall cease performing or furnishing such
Additianal Services upan receipt of written notice from Owner. Uniess expressly indicated
above or in the specific Task�rder ta be included Basic Services,the follawing services are not
included as part af Basic Services and will be paid far by Owner as Additional Services, using
the basis of compensatian for Additional Services,as indicated in the specific Task Order.
1. Services in connection with Wark Change Directives and Change Qrders to reflect changes
requested by Owner.
E�fiibit A—Engineer's Services—Wastewater Treatment Plarit Screw Press
E1CDC' E-SdS,Agreemerrt Between flwner and Engineer fa Professional Servlces-Task 4rder EdFtion.
Copycight�2414 Nationat Society af Profess�nal Engineers,American Council of Engineering Companies,
and American Soc3ety of Civil Engineers. All rights reserved.
Page 13
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance
of substitute materials or equipment ather than"or equai"items;services after the award
of the Construction Contraci: in evaluating and determinin� the acceptability of a
propased "or equal" ar substitution which is found to be inappropriate for the Project;
evaluation and determination of an excessive number af proposed "or equals" or
substitutions,whether proposed befare ar after award af the Construction Contract.
3. Services resulting from sigr�ificant delays,changes,or price increases occurring as a direct
or indirect result of materials,equipment,or energy shartages.
4. Additional or extended services arising fram(a)the presence at the Site of any Constituent i
of Cancern or items af histarical or cultural significance, (b) emergencies or acts of God
endangering the Work, (c} damage ta the Work by fire or other causes during
construction, (d) a significant amount of defective, neglected, ar delayed Work, (e)
acceleratian of the pragress schedule involving services beyond normal working hours,or
{f}default by Cantractor.
5. Services(other than Basic Ser+rices during the Post-Constructian Phase)in connection with
any partial utilization of the Work by Owner prior to Substantia!Completion.
6. Evaluating unreasonable or frivolaus requests for interpretation or information (RFis?,
Change Proposais, or other demands fram Contractor or others in cann�ction with the
Work,or an excessive number of RFIs,Change Proposals,or demands.
7. Reviewing a Shop Drawing or other Cantractor submittal mare than three times, as a �
result of repeated inadequate subrniss'tons 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 kay Federal,State,or local safety
authorities for similar construc#ion sites.
Ead�ibit A—Engineer's Services—Wastewater Treatment Plar►t Screw Press
E1CDC• E-505,Agreemerrt Between 8wner and Engineer far Professbnal5�ervices—Task Order Edition.
Copyright t�?2014 Nationai 5ociety of Frofessionat Engineers,American Councii of Engineering Companies,
and American Society of Cnril Engineers. pli rights reserved.
Pa�e 14