CR 97-229 Approve Engineering Service Agreement - 6th Ave N\ i Y 0
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December 12, 1997 ti o P K ~ ~ ~ Council Report 97-229
Approve Engineering Services Agreement
6~` Avenue North/3'~ Street North Storm Sewer Improvement Project
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize
sewer improvement project.
Overview.
At the December 2"~ meeting, Council authorized staff to proceed with a storm
sewer improvement project as recommended in the project feasibility study and
report. The project includes a new 36" pipe along 6~` Avenue North from 3'~ Street
North to 1~` Street North and new storm sewer pipes to divert storm water from
drainage areas north of TH 7 to the existing Eisenhower pond. Staff stated that this
project scope was the minimum improvement. Every effort would be made during
final design to divert or retain additional storm water so that the 36" pipe along 6~'
Avenue could be increased to a 42" pipe with no detrimental nnpact in the area of
6~` Avenue and 1~ Street North. The City's consulting engineer, RCM Associates,
Inc. has submitted an engineering services proposal for design and construction
services based on this project scope. Staff is requesting approval of the proposed
agreement. The total fee for these services is $101,100.
Primar~Issues to Consider.
• Consulting engineer selection process
• Project Schedule
• Staff recommendation
Supporting Information.
• RC etter and a eying agreement excerpts
Steven J. Stadler
Public Works Director
Council Report 97-229
Page 2
Analysis of Issues.
• Consulting Engineer selection process
Staff solicited and received proposals from RCM Associates and Bolton & Menk,
Inc. (BMI). Staff requested a proposal from BMI because: 1) they designed the
12~` Avenue Norkh/Frontage Road project in 1995 and are familiar with the drainage
above TH 7; and 2) they have provided quality design and construction services on
several City projects in the past few years. Staff selected RCM Associates based on
their knowledge of the project and competitive fee.
• Project Schedule
Complete design/advertise for bids: February 3, 1998
Contract Award: March 3, 1998
Substantial construction completion -
6~` Ave storm sewer + Pond improvements: July 17, 1998
Substantial construction completion -
TH 7 frontage road storm sewer work: August 14, 1998
Final project completion -
final asphalt wear course on streets: June 1, 1999
• Staff Recommendation.
Staff recommends Council approve agreement with RCM Associates, Inc.
December 12, 1997
Mr. Steven Stadler, P.E.
Public Works Director
City of Hopkins
1010 First Street South
Hopkins, MN 55343
Re: Professional Engineering Services Agreement for
6th Avenue North, State Highway 7 Frontage Road and
Eisenhower Pond Storm Sewer Facilities
RCM File No. 10425.02
Hopkins Project No. 97-11
~~'~~ Dear Mr. Stadler:
Attached for your review and approval is the Professional Engineering Services
rieke Agreement between RCM and the City of Hopkins for the above referenced storm
Carroll
muller sewer system project. We proposed to use the "Standard Form of Agreement
ssociates, inc. Between Owner and Engineer for Professional Services" as prepared by the Engineer's
a
ngineers Joint Contract Documents Committee. This document is very comprehensive in
architects
land surveyors
identifying Owner's and Engineer's responsibilities.
equal opportunity
employer
Exhibit C of the document identifies the payment to the Engineer for services. The
estimated costs as identified under Article 4 of Exhibit C are further broken down as
follows:
Task 6th Avenue North TH 7 Fronta e~ Road Eisenhower Pond
Preliminary Design $4,500 $0 $800
Final Design $26,000 $15,700 $3,000
Bidding Phase $1,500 $1,000 $500
Construction Phase $32 400 12 600 $3 100
Sub-Total $64,400 $29,300 $7,400
Total 101 100
10901 red circle dr.
most office box 13D
innetonka, mn
55343-0130
(612) 935-6901
fax (612) 935-8814
wv~nn%rcm-assoc.com
The above estimated cost of $101,100 does not include costs associated with
easement acquisition from the private property adjacent to 6th Avenue North as well
as the school district, MnDOT, golf course and possibly private properties adjacent
Mr. Steve Stadler
December 12, 1997
Page 2
to the Elmo Service Road area. Also, geotechnical services estimated at
approximately $3,000 are not included. RCM does not provide geotechnical services.
The costs identified under the design and bidding phases include the following public
informational as well as jurisdictional agency meetings:
• Attendance at City Council meetings as needed,
• Two (2} meetings with MnDOT,
• Two (2) meetings with golf course property owners,
• Two (2) meetings with ISD officials,
• One {I) informational meeting with other potentially effected property
owners, and
• Attendance at design review meetings with City staff as needed.
This Agreement does not estimate the costs associated with "flood proofing" if
necessary. The goal ofthe design process is to design a storm sewer system, including
ponds and intersection street lowering, which mitigates the need for "flooding
proofing" of individual homes.
The preliminary design, final design, and bidding phase are proposed as a lump sum
fee. The construction phase is proposed as hourly rates method ofpayment with an
estimated not-to-exceed cost without prior approval from the City.
The proposed schedule for the improvements is based on beginning construction as
eazly in the Spring as practical. The intent of the schedule is for the project to be bid
during the February time frame with a contract award the first City Council meeting
in March. Awarding the contract the first City Council meeting in March allows the
contractor to mobilize his heavy equipment prior to load restrictions being placed on
the adjacent roadways. The schedule is proposed as follows:
Authorize Professional Services Agreement December 16,1997
Approve Plans and Specifications/Authorize Ad for Bids February 3, 1998
Contract Award March 3, 1998
Substantial Completion of 6th Avenue North Storm Sewer July I7, 1998
Substantial Completion of Eisenhower Pond Improvements July 17, 1998
Substantial Completion of Trunk Highway 7 Frontage Improvements August 14, 1998
Final Project Completion June 1, 1999
Substantial completion is defined as all contract work with the exception of the final
bituminous weaz course on the streets. The final street work is planned for completion
on June 1, 1999.
Mr, Steve Stadler
December 12, 1997
Page 3
T am available to discuss this information at your convenience. Thank you for
providing RCM the opportunity to be of service to the City of Hopkins.
Respectfully submitted,
R1EKE CARROLL HULLER ASSOCIATES, INC.
~~
~~
Michael P. Foertsch, P.E./L.S.
Manager, Municipal Department
MPF/ka
This is EXHIBIT A, consisting of 8 pages, refereed
to in and part of the Agreement between OWNER
and ENGINEER for Professional Services dated
December 16 1997.
Initial:
OWNER _
ENGINEER
ENGINEER'S Services
Article 1 ofthe Agreement is mended and supplemented to include the following agreement of the parties. ENGINEER shall
provide Basic and Additional Services as set forth below.
PART 1 --BASIC SERVICES
A1,01 Study and Report Phase -This phase is completed - N/A
A1.02 PrelimrnaryDesignPhase
A. After acceptance by O WNER of the Report, selection by O WNER of a recommended solution and indication of
arty specific modi&cations or changes in the scope, extent, character, or design requirements of the Project desired
by OWNER, and upon written authorizatiou from OWNER, ENGINEER shall:
1. On the basis of the above acceptance, selection, and authorization, prepare Prelimnary Design Phase
documents consisting of final design criteria, preliminary drawings, outline specifications and written
descriptions of the Project.
2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping
will be based upon information obtained from utility owners.
3. Advise OWNER if additional reports, data, information, or services of the types described in Exhibit B are
necessary and assist OWNER in obtaining such reports, data, information, or services.
4. Based on the information contained in the Prelunh~ary Design Phase documents, submit a revised opinion
ofpmbable Conshtction Cost and any adjustments to Total Project Costs known to ENGINEER, which will
be itetuized as provided in paragraph Al .Ol .A.S.
5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables:
• Detemrine the scope of "flood proofing".
6. Furnisfi the Preliminary Design Phase documenzs to and review them with O WNER.
7. Submit to OWNER four (4) final copies of the Preliminary Design Phase documents and revised opinion
of probable Construction Cost within twenty (20) days after authorization to proceed with this phase.
B, ENGINEER'S services under the Preliminary Design Phase will be considered complete on the date when final
copies of the Preliminary Design Phase docwnenzs have been delivered to OWNER.
Page 1 of 8 Pages
(Eabibit A - ENGINEER'S Services)
A1.03 Final Design Phase
A. After acceptance by OWNER of the Preliminary Desigo Phase documents and revised opinion of probable
Construction Cost as determined in the Preliminary Desigu Phase, but subject to any OWNER-directed
modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon
written authorization from OWNER, ENGINEER shall:
1, On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the
scope, extent, and character of the Work to be performed and famished by Contractor. Specifications will
be prepazed, where appropriate, in general conformance with the 16-division format of the Construction
Specifications Institute.
2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for
permits from or approvals of governmental authorities having jurisdiction to review or approve the final
design of the Project and assist OWNER in consultations with appropriate authorities.
3. Advise O WNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs lmown to ENGINEER.
4. Perform or provide the following additional Final Design Phase tasks or deliverables: None
5. Prepaze andfutnish Bidding Documents for review and approval by OWNER, its legal counsel. and other
advisors, as appropriate, and assist O WNER in the prepazation of other related documents.
6. Submit four (4) final copies of the Bidding Documents and a revised opinion of probable Construction Cost
to OWNER within forty (40) days after execution of this Agreement.
B. 1n the event that the Work designed or specified by ENGINEER is to be performed or famished under more than
one prime contract, or ifENGINE&R's services are to be separately sequenced with the work of one or more prime
Contractors (such as in the case offast-tracking), OWNER and ENGINEER shall, prior to commencement of Ume
Final Design Phase, develop a schedule for performance ofENGINEER's services during the Final Design, Bidding
or Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such
services as are applicable to the work under such sepazate prime contracts. Timis schedule is to be prepared and
included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed
concurrently.
C. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGIIQEER's
compensation has been established under this Agreement is one (1).
D. ENGINEERR's services under the Final Design Phase will be considered complete on the date when the submittals
required by paragraph AL03.A.6 have been delivered to OWNER. i
A1.04 Bidding orNegotiatingPhase
A. After acceptance by OWNER of theBidding Documents and themos[ recent opinion of probable Construction Cost
as determined in the Final Design Phase, and upon written authorization by OWNER to proceed, ENGINEER
shall:
1. Assist O WNER in advertising for and obtaining bids or negotiating proposals for the Work and, where
applicable, maintain a record ofprospective bidders fo whom Bidding Documents have been issued, attend
pre-Bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding
Documents.
2. Issue Addendas as appropriate to clarity, correct, or change the Bidding Documents.
Page 2 of 8 Pages
(Ezbibit A - ENGINEER'S Services)
3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and entities
proposed by Contractor for Utose portions of the W ork as to which such acceptability is required by the
Bidding Documents.
4. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: None
S. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or proposals
and in assembling and awarding contracts for the Work.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase
or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit P is a part of
this Agreement).
A1.05 Construction Phase
A. Upon successful completion of the Biddwg and Negotiating Phase, and upon written authorization from OWNER,
ENGINEER shall:
General Rdministration of Construction Contract. Consult with OWNER and act as OWNER's
representative as provided in the Genera] Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said General Conditions shall not be modified,
except asENGINEERmay otherwise agree in writing. All of OWNER's instructions to Contractor will be
issued through ENGINEER, who shall have authority. to act on behalf of OWNER in dealings with
Contractor to the extent provided in this Agreement and said General Conditions except as otherwise
provided in writing.
2. ResidentPmjectRepresentattve (RPRJ. Provide the services of an RPR at the Site to assist the ENGINEER
and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of
the RPR are as set forth in Exhibit D. The furnishing of such RPR's services will not extend ENGINEER'S
responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement.
3. Selecting Independent Testing laboratory. Assist OWNER in the selection of an independent testing
laboratary to perform the services identified in paragraph .B2.01.0
4. Pre-Consiructfon Conference. Participate in aPre-Construction Conference prior to coxnntencement of
Work at the Site.
5. 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.
6, Visits to Site and Observation of Construction. In connection with observations of Contractor's Work in
grogress while it is in progress:
a Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER
deems necessary, is order to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations by ENGINEER, and the Resident
Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor's work in progress or to involve detailed inspections of Contractor's work in progress
beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract
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 as
assisted by the Resident Project Representative, if any. Based on information obtained during such
visits and such observations, ENGINEER will determine in general if Contractor's work is
proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER
informed of the progess of the Work.
Page 3 of 8 Pages
(Exhibit A - ENGINEER'S Services)
b. The purpose of ENGINEER'S visits to, and representation by the Resident Project Representative,
if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities
assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the
exeroise of ENGINEER'S efforts as an experienced and quali&ed design professional, to provide for
OWNER a greater degree of confidence that the completed Work will conform in general to [he
Contract Documents and that the integrity of the design concept of ilre completed Project as a
functioning whole as indicated in the Contract Documents has been implemented and preserved by
Contractor. ENGINEER shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over Convactor's work, nor shall
ENGINEER have authority over or responsibility for the means, methods, techniques, sequences,
or procedures of construction selected by Contractor, for safety precautions and programs incident
to Contractors work, or for any failure of Contractor to comply with Laws and Regulations
applicable to Contractor`s famishing and performing the Work. Accordingly, ENGINEER neitlter
guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure
to furnish and perform its work in accordance with the Contract Documents.
7. Defective Work Recommend to OWNER that Contractor's work be disapproved and rejected while it is in
progress if, on the basis of such observations, ENGINEER believes that such work will not produce a
completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents.
8. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the
Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents.
ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
9. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives
to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required.
10. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and
approvals or other action will not extend fo means, methods, techniques, sequences or procedures of
construction or to safety precautions and programs incident thereto. ENGINEER has an obligation to meet
any Contractor's submittal scfiedule that has eazlier been acceptable to ENGINEER.
11. Substitutes and "or-equal". Evaluate and determine the acceptability of substitute or "or-equal" materials
and equipment proposed by Contractor, but subject to the provisions of paragraph A2.02.A.2 of this F,xhibit
A.
12. Inspection andTests. Require such special inspections or tests of Contractors work as deemed reasonably
necessary, and receive and review all certiScates of inspections, tests, and approvals required by Laws and
Regulations or the Contract Documents. ENGINEER'S review of such certiScates will be for the purpose
of determining that the results certiffed indicate compliance with Ure Contract Documents and will not
constitute an independent evaluation drat the content or procedures of such inspections, tests, or approvals
comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results
of such tests.
13. Disagreements between OWNER and Contractor. Render formal written decisions on all claims of
OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In
rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and
shall not be liable in compcetion with any decision rendered in good faith in such-capacity.
Page 4 of 8 Pages
(Exhibit A - ENGINEER'S Services)
lA. 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. Determitre the amounts that ENGINEER recotrunends Contractor be paid. Such recommendations
of payment will be in writing and will constitute ENGINEER'S representation to O WNER, based on
such observations and review, that, to the best of ENGINEER'S knowledge, information and belief,
Contractor's work has progressed to the point indicated, the quality of such work is generally in
accordance with the Contract Documents (subject to an evaluation of the Work as a functioning
whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents and to any other qualifications stated in the recommendation}, and the
conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in
so far as it is ENGINEER's responsibility to observe Contractor's work. Tn the case of unit price
work, ENGIl3EER's recommendations of payment will include final detemdnations of quantities and
classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract
Documents). The responsibilities of ENGINEER contained in paragraph A1.OS.A.6.a are expressly
subject [o the limitations set forth in paragraph A1.OS.A.6.b and other express or general limitations
in this Agreement and elsewhere.
b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that
observations made by ENGINEER to check the quality or quantity of Contractor's work as it is
performed and funrished 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 this Agreement and the Contract Documents, 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 Contractor's work in progress or for the means, methods, techniques,
sequences, or procedures of conshvction or safety precautions or program 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 moneys paid on account of the
Contract Price, or to determine that title to, any portion of the work in progress, materials, or
equipment has passed to OWNER free and clear of any liens. claims, security interests, or
encumbrances, or drat there may not be other matters at issue between OWNER and Contractor that
might affect the amount that should be paid.
15. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by
dre Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Sampigs and
other data approved as providedunder pazagaph A1.OS.A. 10, and the annotated record documents
which are to be assembled by Contractor in accordance with the Contract Documents to obtain final
payment The extent of suchENGINEEft's review will be limited as provided i~aragraph A1.OS.A.
10.
c. ENGINEER shall ffansmit these documents to OWNER.
16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work
ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine
if the Work is Substantially Complete, If after considering any objections of OWNER, ENGINEER
considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial
Completion to O WNER and Contractor.
]7. Additionaf Tasks. Perform or provide the following additional Construction Phase tasks or deliverables:
None
Page 5 of 8 Pages
(Exhibit A - ENGINEER'S Services)
18. Final Nonce ojAcceptability ojrhe Work Conduct a fmal inspection to determine if the completed Work
of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the
Work is acceptable (subject to the provisions of pazagaph A1.OS.A. 14.b) to the best of ENGINEER'S
knowledge, information, and belief and based on the extent of the services provided by ENGINEER under
this Ageement.
B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first
Construction Ageement for the Project or any part thereof and will temtinate upon written recommendation by
INGINEER for final payment to Contractors. ff the Project involves more than one prime contract as indicated in
paragaph AI.03.C, Constuction Phase services may be rendered at different tunes in respect to the sepazate
contracts.
C. Limitation ojResponsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor,
or of any of then subcontractors, suppliers, or of any other individual or entity performing or famishing any of the
Work. ENGINEER shall not be responsible for failure of any Contractor to perform or famish the Wotk in
accordance with the Contract Documents.
A1.06 Post-Construction Phase
A. Upon written authorization from O WNER, ENGINEER, during the Post-Construction Phase, shall:
1. Provide assistance in connection with the testing and adjusting of Project equipment or systems.
2. Assist OWNER in training OWNER'S staff to operate and maintain Project, equipment, and systems.
3. Assist OWNER in developing procedures for control of the operation and maintenance of, and record
keeping for Project equipment and systems.
4. Together with O WNER, visit the Project to observe any appazent defects m the Work, assist OWNER in
consultations and discussions with Contractor concerning correction of any such defects, and make
recommendations as to replacement or correction of Defective Work, if present
5. Perform or provide the following additional Post-Construction Phase tasks or deliverables: None
6. In company with OWNER or OWNER's representative, provide an inspection of the Project within one
month before the end of the Correction Period to ascertain whether any portion of the Work is subject to
correction.
B. The post-Constrction Phase services may commence during the Constriction Phase and, if not otherwise modiSed
in this Exhibit A, will terminate at the end of the Correction Period.
PART 2 --ADDITIONAL SERVICES
A2.01 Additional ServicesReguiringOWNER'sAuthorizationinAdvance
A. If authorized in writing by O WNER, ENGINEER shall famish or obtain from others Additional Services of the
types listed below. These services will be paid for by OWNER as indicated in Article 4 of the Agreement,
I • Preparation of applications and supporting documents (in addition to those famished under Basic Services)
for private or governmental gents, loans or advances in connection with the Project; preparation or review
of environmental assessments and impact statements; review and evaluation of the effects on the design
requirements for the Project of any such statements and documents prepared by others; and assistance in
obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the
Project
Page 6 of 8 Pages
(Exhibit A - ENGINEER'S Services)
2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the
aceuracy of drawings or other information furnished by OWNER.
3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project
designed or specified by ENGINEER or its 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 Contract Documents when such revisions
are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this
Ageement or are due to any ocher causes beyond ENGINEER'S control.
4. Services resulting from OWNER'S request to evaluate additional Study and Report Phase alternative
solutions beyond those identified in paragraph AI.01 .A .4 . -Not Applicable
5. Services required as a result of OWNER's providing incomplete or incorrect Project information with
respect to Exhibit B.
6. Providing renderings or models for 0 WNER's use.
7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations,
maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating
processes available for licensing, and assisting OWNER in obtaining process licensing, detailed quantity
surveys of materials, equipment, and labor, and audits or inventories required in connection with
construction performed by OWNER.
$. Furnishing services of ENGINEER'S Consultants for other than Basic Services.
9. Services attributable to more prime construction contracts than specified in paragaph A1.03.C.
10. Services during out-of--town travel requved of ENGINEER other than for visits to the Site or OWNER'S
office.
11. Preparing for, coordinating with, participating in and responding to structured independent review
processes. including, but not limited to, construction managemeat, cost estimating, project peer review,
value engineering. and coashvctibility review requested by OWNER; and performing or famishing services
required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such
review processes.
12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by
OWNER for the Work or a portion thereof
13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or
Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents.
] 4. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials,
equipment, or services, except when such assistance is requved by Exhibit F.
] S. Providing construction surveys and staking to enable Contractor to perform its work other than as requved
under paragraph A1.OS.AS, and any type ofproperty surveys or related engineering services needed for the
transfer of interests in real property; and providing other special field surveys.
16. Providing Construction Phase services beyond the Contract Times set forth in Exhibit C.
17. Providing assistance in resolving any Hazardous Eavironmental Condition in compliance with current Laws
and Regulations.
18. Preparing and famishing to OWNER Record Drawings showing appropriate record information.
Page 7 of 8 Pages
(Eabibit A - ENGINEER'S Services)
19. Preparation of operation and maintenance manuals.
20. Preparing to serve or serving as a consuitant or witness for OWNER in any litigation, azbitration or other
dispute resolution process related to the Project.
21. Providing more extensive services required to enable ENGINEER to issue notices or certifications
requested by O WNER under pazagraph 6,01 .G of the Agreement.
22. Other services performed or famished by ENGINEER not otherwise provided for in this Agreement.
A2.02 Required Additional Services
A. ENGINEER shall perform or furnish, without requesting or receiving specific advance authorization from
OWNER, the Additional Services of the types listed below. ENGINEER shall advise OWNER in writing promptly
after starting any such Additional Services.
1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by
OWNER so as to make the compensation commensurate with the extent of the Additional Services
rendered.
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute
materials or equipment other than "or-equal" items; and services after the award of the Consttuction
Agreement in evaluating and detP+T^ining the acceptability of a substitution which is found to be
inappropriate for the Project or an excessive number of substitutions.
3. Services resulting from significant delays, changes, or pricg increases occurring as a duet[ or indirect result
of materials, equipment, or energy shortages.
4. Additional or extended services during construction made necessary by (1) emergencies or acts of God
endangering the Work (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by
fire or other cause during constuction, (4) a significant amount of defective, neglected, or detayed work by
Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or
(6) default by Contractor.
5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial
utilization of any part of the Wark by O WNER prior to Substantial Completion.
6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the Work.
Page 8 of 8 Pages
(Exhibit A - ENGINEER's Services)
This is EXIIIBTT B, consisting of 3 pages, referred
to in and part ofthe Agreement between OWNER
and ENGINEER for Professional Services dated
December 16, 1997.
Initial:
OWNER _
ENGINEER
OWNER's Responsibilities
Article 2 of the Agreement is mended and supplemented to include the following agreement of the parties.
B2.01 Tn addition to other responsibilities of OWNER as set forth in this Ageement, O WNER shall:
A. Provide ENGINEER with all criteria and full information as to 0 WNER's requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability,
and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will
require to be included in the Drawings and Speciflcations; and furnish copies of OWNER's standazd forms,
conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable.
B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative
to previous designs, or investigation at or adjacent to the Site.
C. Following ENGIIdEER's assessment of initially-available Project information and data and upon ENGINEER'S
request, famish or otherwise make available such additional Project related information and data as is reasonably
required to enable ENGINEER to complete its Basic and Additional Services. Such additional information or data
would generally include the following:
1. Property descriptions.
2. Zoning, deed, and other land use restrictions.
3. Properly, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant
reference points.
4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys,
with appropriate professional interpretation thereof.
i
5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental
or cultural studies as to the Project, the Site, and adjacent areas.
6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits
thereto.
D. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of a
Hazardous Environmental Condition or of any other development that affects the scope or time of performance of
ENGINEER'S services, or any defect or nonconformance in ENGINEER'S services or in the work of any
Contractor.
E. Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as
required
F. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private propeRy as
required for ENGINEER to perform services under the Agreement
Page 1 of3 Pages
(Exhibit B - OWNER'S Responsibilities)
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other
advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing
timely decisions pertaining thereto.
H. Provide reviews, approvals, and pemrits from all governmental authorities having jurisdiction to approve all phases
of the Project designed or specified by ENGINEER and such reviews, approvals, and consents from others as may
be necessary for completion of each phase of the Project.
T. Provide, as required for the Project:
1. Accounting, bond and Snancial advisory, independent cost estimating, and insurance counseling services.
2. Legal services with regard to issues pertaining to the Project as OWNER requires, Contractor raises, or
ENGINEER reasonably requests.
3. Such auditing services as O WNER requires to ascertain how or for what purpose Contractor has used the
moneys paid.
4. Placement and payment for advertisement for Bids in appropriate publications.
J. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER
to perform or famish services in regard to the Project, including, but not limited to, cost estimating, project peer
review, value engineering, and conslructibility review.
K. FumishtoENGINEER data as to OWNER's anticipated costs for services to be provided by others for OWNER
so that INGII~EER may make the necessary calculations to develop and periodically adjust ENGINEER'S opinion
of Total Project Costs.
L. If OWNER designates a constnrction manager or an individual or entity other than, or in addition to, ENGINEER
to represent OWNER at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities,
and ]imitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority
of ENGINEER.
M. Ifmore than one prime contract is to be awazded for the Work designed or specified by ENGINEER, designate a
person or entity to have authority and responsibility for coordinating the activities among the various prime
Contractrns, and defime and set forth the duties, responsibilities, and limitations of authority of such individual or
entity and the relation thereof to the duties, responsibilities, and authority of ENGINEER as an attachment to this
Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin.
N. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job
related meetings, and Substantial Completion and final payment inspections.
O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of
Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of
materials, equipment, and facilities of OWNER, prior to their incorporation into the Work with appropriate
professional interpretation thereof.
P. Provide inspection or monitoring services by an individual or entity other than ENGINEER (and disclose the
identity of such individual or entity to ENGINEER) as O WNER determines necessary to verify:
1. That Contractor is complying widr any Laws and Regulations applicable to Contractor's perforating and
famishing the Work.
2. That Contractor is taking all necessary precautions for safety of persons or properly and complying with any
special provisions of the Contract Documents applicable to safety.
Page 2 of 3 Pages
(Exhibit B - OWNER'S Responsibilities)
Q. Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to
paragraphs B2.01 .O and P.
R. Perform or provide the following additional services: None
Page 3 of 3 Pages
(Exhibit B - OWNER's Responsibilities)
This is EXEIIBTT C, consisting of 2 pages, referred
to in and part of the Agreement between OWNER
and ENGINEER for Professional Services dated
December 16, 1997.
Initial:
OWNER
ENGINEER
Payments to ENGINEER for Services and Reimbursable Expenses
Article 4 of Ure Agreement is amended and supplemented
to include the following agreement of the parties:
ARTICLE 4 --PAYMENTS TO THE ENGINEER
C4.01 For Basic Services HavingADeterminedScope
-Lump Sum Method of Payment
A. OWNER shall pay ENGINEER for Basic Services set
forth in Exhibit A, except for services of ENGINEER'S
Resident Project Representative and Post-Construction
Phase services, if any, as follows:
1. A Lump Sum amount of 000 based on the
following assumed distribution of compensation:
s. Study and Repot[ Phase $ N!A
b. Preliminary Design Phase 5 30
c. Final Design Phase $44 700
d. Bidding and Negotiating Phase $ 3 0
e. Construction Phase $ /
2. ENGINEER may alter the distribution of
compensation between individual phases noted herein
to be consistent with services actually rendered, but
shall not exceed the total Lump Sum amount unless
approved in writing by the OWNER.
3. The Lump Sum includes compensation for
ENGINEER'S services and services of ENGINEER'S
Consultants, if any. Appropriate amowrts have been
incorporated in the Lump Sum to account for labor,
overhead, profit, and Reimbursable Expenses.
4. The portion of the Lump Sum amount billed for
ENGINF,ER's services will be based upon
ENGINEER'S estimate of the proportion of Ure total
services acwally completed during Ure billing period to
Ute Lump Sum.
5. The Lump Srun is conditioned on Contract Times
to complete Ure Work not exceeding 3 months. Should
the Contract Times to complete the Work be extended
beyond this period, the total compensation to
ENGINEER shall be appropriately adjusted.
6. If more prime contracts are awarded for Work
designed or specified by ENGINEER for this Project
than identified in Exhibit A, the ENGINEER shall be
compensated an additional amount to be negotiated.
C4.02 For Basic Services Having An Undetermined
Scope -Salary Costs Times a FactorMethod of
Payment
A. OWNER shall pay ENGINEER for all work
defined in Exhibit A 1,05 Conshvction Phases
and:
1. Resident Project Representative Services.
For services of ENGINEER'S Resident Project
Representative, if any, under paragraph AI.OS.A,2.a of
Exhibit A, an amount equal to Ure ENGINEER'S Salary
Costs times a Factor of 2.5 for services of ENGINEER'S
employees engaged directly in resident Project
representation and ENGINEER'S Consultant's chazges, if
any.
2. Post-Construction Phase Services. For Post-
Construction Phase services under paragraph A1.06 of
Exhibit A, an amount equal to the ENGINEER's Salary
Costs times a factor of 2.5 for services of ENGINEER'S
employees engaged directly on Ure Project, plus
Reimbursable Expenses and ENGINEER'S Conshltant's
chazges, if any in the Post-Construction Phase.
C4.03 ForAdditionalServices
A. OWNER shall pay ENGINEER for Additional
Services as follows:
1. General.ForservicesofENG1bIEER'semployees
engaged directly on Ure Project pursuant to paragraph
A2.01 or A2.02 of Exhibit A, except for services as a
consultant or witness under paragraph A2.O1.A.20, an
amount equal to Ure cumulative hours charged to Ure
Project by each ENGINEER'S employees times Ure
ENGINEER's applicable Salary Costs times a Factor of 2.5
and ENGINEER'S Consultant's charges, if any.
Page 1 oft Pages
(Exhibit C -Basic Services With Determined Scope --Lump Sum Method)
2. Serving as a Witness. For services performed by
ENGINEER'S employees as witnesses giving testimony in
any litigation, azbitration, or other legal or administrative
proceeding under paragraph A2.01.A.20, at the rate to be
negotiated per day or any portion thereof (but compensation
for time spent in preparing to testify in any such litigation,
arbitration, or proceeding will be on the basis provided in
pazagraph C4.03.A.1). Compensation for ENGINEER'S
Consultants for such services will be on the basis provided
in paragraph C4.05.
C4.04 ForReimbursableExpenses
A. Reimbursable Expenses are included in the total
estimated fee and not bil]ed in addition to payments to the
ENGINEER as noted in C4.01 and C4.02.
B. Reimbursable Expenses include the following
categories: transportation and subsistence incidental
thereto; obtaining bids or proposals from Contractor(s);
providing and maintaining field office facilities including
furnishings and utilities; subsistence and transportation of
Resident Project Representative and thew assistants; toll
telephone calls and telegrams; reproduction of reports,
Drawings, Specifications, Bidding Documents, and similar
Project-related items in addition to those required under
Exhibit A, and, if authorized in advance by OWNER,
overtime work requiring higher than regular rates. In
addition, if authorized in advance by OWNER,
Reimbursable Expenses will also include expenses
incurred for computer time and the use of other highly
specialized equipment.
C4.05 ForENGINEER's Consultant's Charges
A. Whenever compensation to ENGINEER herein is
stated to include charges of ENGINEER'S Consultants,
those charges shall be the amount billed by ENGINEER'S
Consultants to ENGINEER times a Factor of 1.10.
C4.06 Salary Costs
A. Salary Costs (as shown in Appendix 1) means
salaries and wages paid to ENGINEER'S employees plus
the cost of customary and statutory benefits including, but
not limited to, social security contributions, unemployment,
excise and payroll taxes, workers' compensation, health and
retirement benefits, bonuses, sick leave, vacation, and
holiday pay applicable thereto.
B. The Salary Costs and the Factor applied to Salary
Costs will be adjusted annually (as of December 3 ], ] 998)
to reflect equitable changes in the compensable payable to
ENGINEER.
C4.07 Factors
A. The Salary Costs Factor includes the cost of
general and administrative overhead which includes
salaries and wages of principals and employees engaged in
business operations not directly chargeable to projects, plus
non-Project operating costs, including but not limited to,
business taxes, legal, rent, utilities, office supplies,
insurance, and other operating costs; plus operating margin
or pros[.
B. External Reimbursable Expenses and
ENGINEER'S Consultant's Factors include ENGINEER'S
overhead and profit associated with ENGINEER'S
responsibility for the administration of such services and
costs.
C4.08 Other Provisions Concerning Payment
A. Preparation of Invoices. The portion of the
amounts billed for ENGINEF.R's services which are
identified in paragraphs C4.02 and C4.03 will be based on
the applicable Salary Costs for the cumulative hours
charged to the Project during the billing period by all of
ENGINEER'S employees, times the Salary Costs factor,
plus Reimbursable Expenses and ENGLNEER's
Consultant's charges incurred, if any.
B. Estimated Compensatian Amounts
1. ENGINEER'S estimate of the amounts that
will become payable for services defined in 04.02 are only
estimates for planning purposes, are not binding on the
parties, and are not the tnitrimum or maximum amounts
payable to ENGINEER under this Agreement.
2. When Estimated compensation amounts have
been stated herein and it subsequently becomes apparent to
ENGINEER that a compensation amount thus estimated
will be exceeded, ENGINEER shall give OWNER written
notice thereof. Promptly therea$er OWNER and
ENGINEER shall review the matter of services remaining
to be performed and compensation for such services.
OWNER shall either agree to such compensation
exceeding said estimated amount or OWNER and
ENGINEER shall agree to a reduction in the remaining
services to be rendered by ENGINEER, so Utat total
compensation for such services will not exceed said
estimated amount when such services are completed.
C4.09 Estimated Total Compensation
A. The total compensation for all work defined in
C.402, Construction Phase, RPR, Post-Construction
Services is estimated to be 4 100.
C4.10 Estimated Total Hours
A. Estimated total hours of service of the RPR is 500
hours.
Page 2 of 2 Pages
(Exhibit C -Basic Services With Detertniued Scope --Lump Sum Method)