HomeMy WebLinkAboutResolution No. R19-20RESOLUTION NO. R19-20
A RESOLUTION APPROVING AN AMENDMENT TO TASK ORDER AUTHORIZING
KADRMAS, :LEE & JACKSON, INC. FOR WORK RELATING TOT HE CITY'S
EAST DOWNTONVN INFRASTRUCTURE IMPROVEMENTS PROJECT.
WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with
Kadrmas, Lee & Jackson, Inc. ("KLJ") on December 5, 2017, via City Council Resolution; and
WHEREAS, the City of Laurel requires KLJ's services to enable the City to complete the East
Downtown Infrastructure Improvements Project as described in the attached document entitled Amendment
No. 1 to Task Order: East Downtown Infrastructure Improvements which is incorporated herein by
reference; and
WHEREAS, the services to be provided and cost for such services are fully described in the attached
document and City Staff is recominending approval of the attached Amendment No. 1 to Task Order: East
Downtown Infrastructure Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the
attached Amendment No. 1 to Task Order: East Downtown Infrastructure Improvements is hereby approved
and the Mayor is hereby authorized to execute the same on the City's behalf.
Introduced at a regular meeting of the City Council on June 4, 2019, by Council Member Mountsier.
PASSED and APPROVED by the City Council of the City of Laurel this 41I' day of June 2019.
APPROVED by the Mayor this 4`I' day of June 2019.
CITY OF LAUR L
Thomas C. Nelson, Mayor
ATT
Bethany v e -Treasurer
APPROVE AS FORM:
Sam Painter, Civil City Attorney
R19-20 Approve Amendment No. 1 to Task Order: East Downtown Infrastructure Improvements KLJ
2611 Gabel Road
Uthngs. Ml 59102-1329
-L)o 245 S4y9
WENG.COM
May 22, 2019
Kurt Markegard
Public Works Director
City of Laurel
Via email: kmarkegard@laurel.mt.gov
Re: East Downtown Infrastructure Improvements
Dear Kurt:
Enclosed is the Amendment to Task Order for review and approval. This Amendment covers KU's
services for design of the entire project, plus bidding, construction administration, on-site resident
project representative, construction staking, geotechnical QA testing and project close-out for Phase 1
construction. It supplements the original Task Order for preliminary engineering and SID creation.
As a reminder, the master services agreement (Agreement) that was executed on December 5, 2017
applies to all task orders, unless indicated otherwise in each specific task order. In this case, we
reference Exhibit D in the Amendment because the language in the Agreement is applicable to our
scope of services. Please let me know if you'd like additional copies of the Agreement for reference.
Once again, thank you very much for this opportunity.
Sincerely,
KU
•�t.r;i�r � � Lf
Carl Jackson, PE
Project Manager
Enclosure(s): as noted
cc: file
ENGINEERING, REIMAGINED
This is EXHIBIT K, consisting of 3 pages, referred to in and part of
the Agreement between Owner and Engineer for Professional
Services — Task Order Edition dated December 5, 2017.
Amendment No.1 To Task Order: East Downtown Infrastructure Improvements
1. Background Data:
A. Effective Date of Task Order: November 6, 2018
B. Owner: City of Laurel, Montana
C. Engineer: Kadrmas, Lee & Jackson, Inc. (dba "KU")
D. Specific Project: East Downtown Infrastructure Improvements
2. Description of Modifications
A. The Scope of Services to be performed by Engineer in accordance with the Task Order and previous
amendments, if any, is modified as follows:
The Scope of Services of the Engineer is modified to define the following Parts described in Exhibit A,
which is attached and made part of this Amendment No. 1:
1. Part A1.03 Preliminary Design Phase
2. Part A1.04 Final Design Phase
3. Part A1.05 Bidding or Negotiating Phase
4. Part A1.06 Construction Phase
5. Part A1.07 Post -Construction Phase
Design of the entire project is included in Amendment No. 1. However, Bidding/Negotiating,
Construction and Post -Construction Phases will be divided into two phases. Phase 1 construction will
be limited to water system and streets along Washington, Idaho and Ohio Avenues, bound by Main
Street and E. First Street; sanitary sewer system in the alleys between Wyoming and Washington
Avenues and between Idaho and Ohio Avenues; as well as, storm drain system along Idaho Avenue
bound by E. First Street and Main Street. Phase 2 construction will include remaining streets, utilities
and various other infrastructure improvements as described in the original Task Order and as further
defined as depicted in Attachment 1 to Amendment No. 1. Project Bidding/Negotiating,
Construction and Post -Construction Phase Services for the Phase 2 Project will require an additional
Amendment to the Task Order.
Design and construction of improvements to Main Street at Washington Ave. and Idaho Ave.
intersections are not anticipated except for accessibility ramps and potential modification to existing
storm drain inlets on the north side. Improvements to Main Street frontage between Ohio Ave. and
Alder Ave. will be limited to moving the north -side sidewalk away from the existing service station;
construction timing thereof will be dependent on MDT concurrence with proposed improvements.
Amendment to Task Order— East Downtown Infrastructure Improvements
City of Laurel, Montana
Page 1
The following breakdown is the basis for Engineer's compensation to complete Phase 1 construction
services describe above. Additional Services required by Engineer in excess of the below parameters
will be provided in accordance with Part 2 of the original Task Order.
1. 75 calendar day construction contract for RPR and office administration
2. 16 survey crew mobilizations
3. 40 trips to Site for quality assurance testing
B. The responsibilities of Owner with respect to the Task Order are modified as follows:
1. Based on information provided by Engineer, make final determination of street cross section
layout components including total width, parking type and sidewalk widths.
2. Promptly review design submittals from Engineer.
3. Provide payment for MDT and DEQ application review fees.
C. For the Additional Services or the modifications to services set forth above, Owner shall pay
Engineer the following additional or modified compensation:
Description of Service
Amount
Basis of
Compensation
1A. Basic Services: Phase 1 and 2 Final Design
$310,700.00
Lump Sum
Services (A1.04)
1B. Basic Services (Phase 1): Bidding/Negotiating,
$179,500.00
Direct Labor
Construction, and Post -Construction Services
(A1.05 — A1.07)
2. Basic Services (Phase 2): Bidding/Negotiating,
$ (tbd)
Direct Labor
Construction, and Post -Construction Services
TOTAL COMPENSATION —AMENDMENT NO.1
$490,220.00
3. Additional Services (Part 2 of Exhibit A)
(N/A)
Direct Labor
D. The schedule for rendering services under this Task Order is modified as follows:
Engineer's services and compensation included in this Amendment are based on the premise that
Phase 1 design and construction will be completed in 2019 without a winter shutdown.
E. Other portions of the Task Order (including previous amendments, if any) are modified as follows:
1. Change the project title from "LURA Infrastructure Improvements" to "East Downtown
Infrastructure Improvements"
2. Exhibit A to Amendment No. 1 (12 Pages)
3. Project area is further defined as depicted in the attached "Attachment Ito Amendment No. 1."
Amendment to Task Order— East Downtown Infrastructure Improvements
City of Laurel, Montana
Page 2
3. Task Order Summary (Reference only)
A. Original Task Order amount: $ 77,000.00
B. Net change for prior amendments: $ 0
C. This Amendment amount: $ 490,220.00
D. Adjusted Task Order amount: $ 567,220.00
The foregoing Task Order Summary is for reference only and does not alter the terms of the Task Order,
including those set forth in Exhibit C of the Agreement.
Owner and Engineer hereby agree to modify the above -referenced Task Order as set forth in this Amendment. All
provisions of the Agreement and Task Order not modified by this or previous Amendments remain in effect. The
Effective Date of this Amendment is June 4, 2019.
OWNER: City of Laurel, Montana ENGINEER: Krm Lee & PAson, Inc.
By By:
Printed Printed
Name: Name: nno,,Q{ N
Title:
Date
Signed:
Title: zi �
Date
Signed:
Amendment to Task Order— East Downtown Infrastructure Improvements
City of Laurel, Montana
Page 3
Exhibit A to Amendment No. 1
Engineer's Services for Task Order Amendment No. 1: LURA Infrastructure Improvements
PART 1—BASIC SERVICES
A1.01 Study and Report Phase Services
As defined in the original Task Order: LURA Infrastructure Improvements
A1.02 Special Improvements District Creation Phase
As defined in the original Task Order: LURA Infrastructure Improvements
A1.03 Preliminary Design Phase
Preliminary Design Phase is excluded, as the scope of the Study and Report Phase Services defined in the
original Task Order will provide the prerequisite design information and project constraints needed to
proceed with the Final Design Phase.
A1.04 Final Design Phase
A. As Basic Services, Engineer shall:
1. Prepare construction Drawings and Specifications indicating the scope, extent, and character of
the Work to be performed and furnished by Contractor.
2. Private Utilities: Coordinate with private utilities to identify potential utility conflicts with
proposed improvements and to relay relocation requirements to utility owners as applicable.
Scope includes facilitating one utility coordination meeting, and submitting design drawings with
notifications to each utility at 50% and 100% design completion.
3. Street Reconstruction: Design new street with section as determined in Study and Report Phase
Services of original Task Order, upon final review and acceptance of each block street section by
Owner. Design new asphalt pavement section based on recommendations from geotechnical
evaluation. This task includes establishing the typical section and then designing final roadway
alignments, grades, and cross-sectional features including pavement, curb/gutter, valley gutters,
sidewalks, accessibility ramps and drive approaches.
4. Water Distribution: Design water main replacement including water services from the new water
main to the existing curb stop. Evaluate requirements fortemporary watersupply and incorporate
into Contract Documents. Services include submitting necessary DEQ permit applications on
behalf of Owner.
Sanitary Sewer System: Design sanitary sewer system replacement, including sanitary sewer
services from the new main to the existing right-of-way. Services include submitting necessary
DEQ permit applications on behalf of Owner.
Exhibit A to Amendment No. i
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 1 of 12
6. Storm Drain System: Conduct a hydrologic and hydraulic analysis to determine adequate
stormwater management improvement requirements. Design stormwater management system,
consisting of storm drain piping and inlets, to adequately collect and convey surface runoff from
the defined project area. Design or analysis of alternative stormwater storage or treatment
solutions is not included, nor is design or analysis of alternative stormwater outfall(s) extending
outside of the defined project area. If requested or determined to be necessary, these types of
design and/or analysis would be provided as Additional Services.
7. Construction Traffic Control: Evaluate parameters and haul routes with Owner and MDTthat are
required for Contractor's construction traffic control plan. Require Contractor to provide
construction traffic control plans to accommodate local traffic and property access. Engineer to
provide review and approval of Contractor's traffic control plans with Owner's concurrence.
8. Traffic Control: Determine signing and pavement markings for permanent traffic control. This task
does not include traffic operations analysis or traffic signal design, nor does it include a parking
study.
9. Detail Drawings: Provide detail drawings of water, sanitary sewer, storm, street improvements
and other supplemental design information as required for construction .
10. The project will be confined to existing right-of-way limits. However, existing fences, landscaping,
retaining walls and similarfeatures may be disturbed by construction. Since the extent of potential
impacts is undetermined, the scope of work does not include design of repairing or replacing
adjacent private property features. If required, Engineer would provide related work as Additional
Services upon Owner's authorization.
11. Construction Documents: Prepare construction drawings and construction contract documents
(project manual) for all improvements identified herein. Submit said documents to Owner for
review at 90 -percent completion. Revise documents one time based on Owner's review
comments.
12. Engineer's Opinion of Probable Cost (EOC): Provide Owner with updated EOCs at 90% and 100%
design completions.
13. Meetings and Status Reports: Facilitate ongoing discussions with Owner to provide a project
status update and answer any questions that may arise. Provide weekly email status reports.
Attend up to three (3) unscheduled site visits or meetings to discuss design and Owner's review
comments.
14. Permits: Prepare submittal package to MT DEQ to seek design approval and permits for
reconstruction of water and sanitary sewer system extensions. Prepare and submit an
encroachment permit application and required environmental checklist to MDT.
15. Furnish for review by Owner, its legal counsel, and other advisors, three (3) copies of the final
Drawings and Specifications, assembled drafts of other Construction Contract Documents, the
draft bidding -related documents (or requests for proposals or other construction procurement
documents), and any other Final Design Phase deliverables, and review them with Owner.
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 2 of 12
16. Revise the final Drawings and Specifications, assembled drafts of other Construction Contract
Documents, the draft bidding -related documents (or requests for proposals or other construction
procurement documents), and any other Final Design Phase deliverables in accordance with
comments and instructions from the Owner, as appropriate, and submit the required number of
final copies of such documents to Owner after receipt of Owner's comments and instructions.
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,
A1.05 Bidding or Negotiating Phase
A. As Basic Services, Engineer shall:
1. Assist Owner in advertising for and obtaining bids for the Work and maintain a record of prospective
contractors to which documents have been issued, attend pre-bid conferences, if any, and receive
and process contractor deposits or charges for the issued documents.
2. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents.
3. Consult with Owner as to the qualifications of prospective contractors.
4. Consult with Owner as to the qualifications of Subcontractors, suppliers, and other individuals and
entities proposed by prospective contractors, for those portions of the Work as to which review of
qualifications is required by the issued documents.
5. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or
equals" and substitute materials and equipment proposed by prospective contractors, provided that
such proposals are allowed by the bidding -related documents (or requests for proposals or other
construction procurement documents) prior to award of contracts for the Work. Services under this
paragraph are subject to the provisions of Paragraph A2.01.13.2 of this Exhibit A.
6. Attend the bid opening, prepare bid tabulation sheets to meet Owner's schedule, and assist Owner
in evaluating bids or proposals, assembling final contracts for the Work for execution by Owner and
Contractor, and in issuing notices of award of such contracts.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction
Phase or upon cessation of negotiations with prospective Contractors.
A1.06 Construction Phase
A. As Basic Services, Engineer shall:
1. Genera/ Administration 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 EJCDC® C-700, Standard General
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 3 of 12
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 Order),
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.
2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the
Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities,
and authority of the RPR are as set forth in Exhibit D of the Master Services Agreement, which is
hereby incorporated by reference. The furnishing of such RPR's services will not limit, extend, or
modify Engineer's responsibilities or authority except as expressly set forth in Exhibit D.
3. Specific to this Amendment No. 1, it is anticipated that 550 hours of on-site RPR time will be
sufficient to provide necessary construction observation through substantial completion, based on
a recommended construction contract not to exceed 75 calendar days. RPR hours beyond this
estimate are Additional Services and would require written authorization prior to proceeding.
Construction observation time resulting from Contractor working outside of normal work hours, as
will be defined in the contract documents will be paid by Owner to Engineer and then deducted
from the Contractor's payment.
4. Neighborhood Meeting: Engineer will attend and assist in one (1) neighborhood meeting. The
meeting will primarily be informative to the public prior to beginning construction. Engineer will
provide exhibits and/or preliminary drawings to assist with the discussion as needed. Preparation
of 3-D renderings or similar artistic graphical displays is not included. Owner will send notifications
for meeting invitations.
5. Selection of Independent Testing Laboratory: Through Engineers Subconsultant, provide Quality
Assurance testing services as specified in Section 01400 of the Project Manual, at frequencies
deemed necessary by the Engineer.
6. Pre -Construction Conference: Facilitate a pre -construction conference prior to commencement of
Work at the Site.
7. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify 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.
8. 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 Construction
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 4 of 12
Phase, make such original printed record version of the Construction Contract Documents available
to Contractor and Owner for review.
9. 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.
10. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the
Work which in Engineer's judgment are necessary to enable Contractor to proceed. Provide
construction surveys and staking to enable Contractor to perform its work. The total number of
Engineer's survey crew project site mobilizations included in the tasks above is six (6). Contractor
will be responsible for all construction surveys not listed below; staking requests in addition to the
specific items listed below or in excess of the budgeted number of mobilizations will be provided as
Additional Services. Re -staking of previously completed work due to no fault of Engineer will be
provided as Additional Services. Staking shall be provided for:
a. Establish horizontal and vertical control — verify and reestablish horizontal and vertical
coordinates of control required for construction staking. Set new control at a frequency suitable
for construction during surveyor's initial mobilization for the below.
b. Water main, services, valves and hydrants — stake water main, valves, hydrants and
appurtenances.
c. Sanitary sewer main, services and manholes —stake manholes, services and appurtenances
d. Storm drain manholes, inlets and storm drain pipes at 50 -foot intervals for pipes longer than
200 -feet
e. Street centerline —stake subgrade at 50 -foot intervals
f. Curb and gutter —stake backs of curb at 25 -foot intervals
g. Signs —stake sign locations
h. Center of accessibility ramps
L Curb intersection radius points
11. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work
while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer
deems necessary, to observe as an experienced and qualified design professional the progress
of Contractor's executed Work. It is anticipated that one (1) Site visit per week, by the Engineer,
will be sufficient for the Engineer to adequately observe and gauge the progress and
performance of the Work. Such visits and observations by Engineer, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend to every 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
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 5 of 12
judgment, as assisted by the Resident Project Representative, if any. 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, and representation by the Resident Project
Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and
responsibilities assigned to and 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
Constructor, for security or safety 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.
12. 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.
13. 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.
14. 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.
15. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may
prepare and issue Field Orders requiring minor changes in the Work.
16. 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. Services related to additional design or construction review associated with Change
Orders and Work Change Directives are not included and would be provided as Additional Services.
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 6 of 12
17. 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.
18. 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.
19. Shop Drawings, Samples, and Other Submittals: Review and approve or take other 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 and approvals or other action will not
extend to means, methods, techniques, sequences, or procedures of construction or to safety
precautions and programs incident thereto. Engineer shall meet any Contractor's submittal
schedule that Engineer has accepted.
20. 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
A2.01.8.2 of this Exhibit A.
21. 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.
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.
22. Change Proposals and Claims: (a) Review and respond to Contractor's proposed changes to Work.
Review each duly submitted change proposal from Contractor and, within 30 days after receipt of
the Contractor's supporting data, either deny the change proposal in whole, approve it in whole, or
deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to 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 Work, or other engineering or technical
matters, then Engineer will notify the parties that the Engineer will not resolve the change proposal.
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 7 of 12
(b) Provide information or data to Owner regarding engineering or technical matters pertaining to
Claims.
23. Applications for Payment. Based on Engineer's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting
documentation:
a. Determine the amounts that Engineer recommends Contractor be paid. 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 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.
24. Contractor's Completion Documents: Receive from Contractor, review, and transmit to Owner
maintenance and operating instructions, schedules, guarantees, bonds, certificates or other
evidence of insurance required by the Construction Contract Documents, certificates of inspection,
tests and approvals, and Shop Drawings, Samples, and other data approved as provided under
Paragraph A1.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated
record documents which are to be assembled by Contractor in accordance with the Construction
Contract Documents to obtain final payment. The extent of Engineer's review of record documents
shall be to check that Contractor has submitted all pages.
25. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire
Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 8 of 12
Work and determine the status of completion. 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 to Contractor, 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 following Substantial Completion.
26. Final Notice of Acceptability of the Work: Conduct a final visit to the specific Project to determine if
the Work is complete and acceptable so that Engineer may recommend, in writing, final payment
to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a
notice to Owner and Contractor in the form attached hereto as Exhibit E ("Notice of Acceptability of
Work") (also available as a construction form, EJCDC® C-626 (2013)) that the Work is acceptable
(subject to the provisions of the Notice and Paragraph A1.05.A.21.b) to the best of Engineer's
knowledge, information, and belief, and based on the extent of the services provided by Engineer
under the Agreement and this Task Order.
27. Standards for Certain Construction -Phase Decisions: Engineer will render decisions 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 for initial interpretations,
Change Proposals, and acceptance of the Work. 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, interpretations, decisions, or judgments conducted
or rendered in good faith.
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 specific Project involves more
than one prime contract, then Construction Phase services may be rendered at different times in respect
to the separate contracts. In such cases, 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
forth in the final Construction Contract under the Task Order.
A1.07 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.
3. Prepare and submit to Owner and DEQ, each, one set of record drawings, showing all construction
modifications to the original design.
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 9 of 12
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.
A1.08 Commissioning Phase – Not Included
A1.09 Other Services –Not Included
PART 2—ADDITIONAL SERVICES
A2.01 Additional Services Requiring an Amendment to Task Order
A. Advanced Written Authorization Required: This portion of Amendment No. 1 is a supplement to Part 2
of the original 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
Amendment No. 1 to be included as 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 original Task Order.
1. Design of improvements other than those specifically identified in this Amendment No. 1 to the
original Task Order.
2. Design of those improvements identified in Amendment No.1 to the original Task Order to extend
outside of the project area defined in the original Task Order or extending beyond the existing
rights-of-way.
3. Preparation of bidding and/or construction documents for the Phase 2 project area, which is
defined in this Amendment No.1 to the original Task Order.
4. Design of wastewater pumping systems.
5. Design of stormwater pumping systems or treatment systems.
6. Design of improvements to be constructed via trenchless methods.
Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction,
materials, equipment, or services.
8. Preparing conformed Construction Contract Documents that incorporate and integrate the
content of all Addenda and any amendments negotiated by Owner and Contractor.
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.
10. 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.
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 10 of 12
11. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration,
mediation, lien or bond claim, or other legal or administrative proceeding involving the Project.
12. Providing construction surveys and staking to enable Contractor to perform its work other than as
required under Paragraph A1.06.A.9, and any type of property surveys or related engineering
services needed for temporary or permanent easements, the transfer of interests in real property,
and providing other special field surveys.
13. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in
compliance with current laws and Regulations.
14. Other additional services performed or furnished by Engineer not otherwise provided for in this
Agreement.
Advance Written Authorization Not Required: This portion of Amendment No. 1 is a supplement to Part
2 of the original Task Order. 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 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.
Services in connection with Work Change Directives and Change Orders to reflect additional design
or construction review 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 of
Concern or items of historical or cultural significance, (b) emergencies or acts of God 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 (RFls), Change
Proposals, or other demands from Contractor or others in connection with the Work, or an
excessive number of RFls, Change Proposals, or demands.
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 11 of 12
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 that exceed those normally required of engineering
personnel by federal, State, or local safety authorities for similar construction sites.
Exhibit A to Amendment No.1
Engineer's Services —Task Order: East Downtown Infrastructure Improvements
Page 12 of 12
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