HomeMy WebLinkAbout17- Amendment 1 to PSA - Advanced Engineering and Environmental Services, Inc. (AE2S) - Lyman Creek Water System ProjectAMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BOZEMAN (OWNER)
AND
ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC.
(ENGINEER)
This Amendment No. 1 ("Amendment") dated Mpvl,4 q, 2017 ("Effective Date") amends and
supplements the Professional Services Agreement between the City of Bozeman, a Municipal
Corporation, Bozeman, Montana 59715 (OWNER) and Advanced Engineering and Environmental
Services, Inc., 1050 E. Main Street, Suite 2, Bozeman, Montana 59715 (ENGINEER) dated August 24,
2015 ("Agreement") as indicated below.
This Amendment is executed pursuant to Section 9.16 of the Agreement. Owner and Engineer hereby
agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the
Agreement not modified by this Amendment remain in full force and effect.
ARTICLE 1 - ENGINEERING SERVICES
A. Delete Section 1.1 in its entirety and replace with the following:
"This project consists of monitoring and controls improvements to the Lyman Spring junction
box, Lyman Creek Parshall Flume, and Lyman Water Treatment Plant flow control valve. The
detailed description of the specific project components added or modified by this Amendment is
provided in Exhibit A, incorporated by reference herein.
Task 1.0
Project Management (for Survey and Lyman Spring Study)
Task 1.1
City of Bozeman Property Line and Topographic Survey
Task 1.2
Lyman Spring Study
Task 1.3
Project Management (for this Amendment No. 1)
Task 1.4
Preliminary Engineering Report
Task 1.5
Final Design
Task 1.6
Bid Services
Task 1.7
Construction Administration and Observation
Task 1.8
I&C Integration and SCADA Programming"
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
A. In Section 2.5, delete the words "Gary Cline" and replace with "R. Nathan Weisenburger".
ARTICLE 4 - BASIC ENGINEERING SERVICES
A. Delete Section 4.2 in its entirety and replace with the following:
After acceptance of the pre -design report and receipt of written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
4.2.1. In consultation with OWNER determine general scope, extent and character of
the Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans
and specifications and a written description for the Project.
4.2.3. Preliminary Design Report: Specific items to be addressed in the design report
will include, but not be limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings for
each task included in the project.
4.2.3.2. Plans for providing water and sewer services for affected properties
during construction.
4.2.3.3. Summary geotechnical report for specific tasks, if needed.
4.2.3.4. Special design considerations for Project tasks with conditions not
covered in standard construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. Design and Construction Survey; The ENGINEER shall conduct a design field
survey of the project areas, as necessary, for locating existing utilities (such as gas,
power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and
approach driveways), existing right-of-way and easements, and making measured
drawings of or investigating conditions of existing facilities. The ENGINEER shall
provide suitable horizontal and vertical reference control points for the construction
phase.
4.2.5. Permits and Rights -of -Way: The ENGINEER shall obtain approved permits,
licenses, and/or easement agreements from private landowners and any other agencies or
entities requiring similar approvals prior to bidding. These approvals will be coordinated
with the OWNER and will be made on easement and permit documents approved by the
OWNER. Information and easement descriptions provided in the Basic Engineering
Services will be based on data available from design surveys and courthouse records.
4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such
geotechnical explorations and analysis as necessary for project design and bidding. A
geotechnical report will be prepared with recommendations relating to conditions
pertinent to the design and construction of the Project. Subsurface information will be
obtained by reviewing any existing geotechnical data available and using additional
backhoe test pits and soil borings as necessary.
The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER
for use by OWNER and Contractors, and review the results of the report with Contractors
in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will
not be responsible if it is used by others for other purposes.
4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and
specifications with information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents,
ENGINEER will submit a revised opinion of probable Total Project Costs to the
OWNER.
4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of
preliminary bidding documents and design report as requested to OWNER and at the
same time furnish copies as directed by OWNER to agencies and/or parties having
regulatory responsibilities or direct financial participation in any part of the Project;
provide any technical criteria, written descriptions and design data necessary for securing
permits or approval from authorities having jurisdiction to review and approve the
design, and assist owner in securing such approvals; and review documents in person
with OWNER and review authorities, and, if necessary, conduct a plan -in -hand site
review. All changes agreed to between ENGINEER and OWNER will be noted in a
memorandum from the ENGINEER to the OWNER and incorporated into the final plans
and specifications.
The Preliminary Design Phase will be completed and submitted within 45 calendar days
following written authorization from OWNER to ENGINEER to proceed with that phase of
services."
B. Delete Section 4.3 in its entirety and replace with the following:
"4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised
opinion of probable Total Project Costs, prepare for incorporation in the Contract
Documents final drawings and Technical Specifications of sufficient detail to show the
general scope, extent and detailed character of the work to be furnished and performed by
the Contractor(s) suitable for use in the project bidding and construction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total
Project Costs caused by changes in general scope, extent or character or design
requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion
of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other
advisors, contract agreement forms, general conditions and supplementary conditions,
and (where appropriate) bid forms, invitations to bid and instructions to bidders, special
provisions, technical specifications, and standard drawings, and other related contract
3
documents in conformance with the latest edition of the Montana Public Works Standard
Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the
City of Bozeman.
4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents
(including design drawings, specifications and contracts).
The Final Phase will be complete and submitted within 45 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services."
C. Delete Section 4.4 in its entirety and replace with the following:
"4.4 BIDDING OR NEGOTIATING PHASE
After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall:
4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for
construction contract(s) and record prospective bidders to whom Bidding Documents
have been issued, receive and process deposits for Bidding Documents and conduct pre-
bid conferences.
4.4.2. Provide interpretation or clarification to prospective bidders regarding the
Bidding Documents, and issue addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor,
subcontractors, suppliers and other persons and organizations proposed by the prime
contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such
acceptability is required by the Bidding Documents.
4.4.4. Consult with OWNER concerning and determine the acceptability of substitute
materials and equipment proposed by Contractor(s) when substitution prior to the award
of contracts is allowed by the Bidding Documents.
4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders'
responsiveness and responsibility and make award recommendation to OWNER.
4.4.6 Facilitate contract award, and the execution and distribution of the contract
documents for construction, materials, equipment and services. Furnish Owner two
original signature sets of executed contract documents (including design drawings,
specifications and contracts). Furnish contractor with one set of original signature
executed contract documents and up to three sets of construction documents."
D. Delete Section 4.5 in its entirety and replace with the following:
"4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4
4.5. 1. General Administration of Construction Contract. ENGINEER shall consult with
and advise OWNER and act as OWNER'S representative as provided in EXHIBIT B -
ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of
this Amendment and may be further provided under the General Conditions of the
contract documents. The extent and limitations of the authority, duties, and
responsibilities of the ENGINEER on the construction job site as assigned here -in shall
not be modified except as the ENGINEER may otherwise agree in writing. All of
OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have
authority to act on behalf of OWNER to the extent provided in the General Conditions
except as otherwise provided in writing.
In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall
provide the following services during construction:
4.5.1.1 Schedule and conduct a pre -construction conference.
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4.5.1.5 Prepare and provide weekly activity and progress reports to the City's
Task Director.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence
between the ENGINEER and Contractor.
4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not
or cannot be performed in accordance with the Contract Documents.
4.5.1.8 Review and approve, for conformance with the project technical
specifications all shop drawings, and other Contractor submittals required by the
Contract Documents.
4.5.1.9 During construction review Contractors' construction schedules and
evaluate conformance and progress under the Contract time provisions.
4.5.1.10Prepare for OWNER'S approval any plan and specification changes
which due to any initial design or engineering deficiencies are required to
complete the project original design concept.
4.5.1.11lnspect the project and when appropriate, and after conferring with
OWNER, issue a Certificate of Substantial Completion to the Contractor.
4.5.1.12Prior to recommending final payment, schedule and conduct with the
OWNER a final project inspection and submit a report to the OWNER
documenting any outstanding items or deficiencies requiring correction prior to
final payment. Upon satisfactory project completion ENGINEER shall certify in
writing to the OWNER, and any required regulatory agencies, that the
construction was completed in accordance with the approved plans and
specifications and is performing in accordance with the design concept.
4.5.1.13Twenty-three months after project substantial completion schedule and
conduct with the Owner a Two Year Warranty Inspection of the project and
advise the owner in writing whether project deficiencies exist and if the project is
performing in accordance with the design concept.
4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident
Project Representative at the job site to provide observation of the work as provided in
EXHIBIT C - A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE, attached to and made part of this Amendment.
The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of
each Resident Project Representative who may be assigned to the job site during the
course of the Project not less than 10 calendar days prior to the pre -construction meeting.
Any subsequent change in the resident representative shall also be subject to the
OWNER'S approval.
4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for
CONTRACTOR'S means, methods, techniques, sequences or procedures of construction,
or the safety precautions and programs incident thereto, and ENGINEER will not be
responsible for CONTRACTOR's failure to perform or furnish the Work in accordance
with the Contract Documents; however, nothing contained in this amendment shall be
construed to release ENGINEER from liability for failure to properly perform duties and
responsibilities assumed by ENGINEER in the Contract Documents."
E. Delete Section 4.6 in its entirety and replace with the following:
"4.6. PROJECT DOCUMENTATION
ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic
copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c)
a project notebook containing such correspondence and documentation as requested by
OWNER."
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
A. In the first sentence of paragraph 6.1.1, delete the number "$131,511" and replace with the
number "$118,837".
B. Delete in its entirety the second sentence: "'The O)AW:u shall pay „ net to exeeoa affie nt
'I' t
Well Dr -i l ng s„1-,,..,,,+,..,. ter's sf $1 Qn 000 '
o o ,
C. Delete Section 6.2 in its entirety and replace with the following:
"6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES
OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under
sections 4.4 through 4.7 including General Administration of Construction Contract, Resident
Project Representation, Project Documentation, and Construction Testing, shall be compensated
in accordance with the following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation
Services an amount not to exceed $18,096 except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on
the ENGINEER's Direct Labor Cost times a factor of 3.0 for services rendered
which shall cover Direct Labor, Direct Labor Overhead, General &
Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes
apparent that the Construction Phase and Project Documentation Services
rendered under this Agreement will exceed the negotiated compensation for these
services, and prior to performing services in excess of the contract ceiling, the
ENGINEER shall give OWNER written notice thereof. Promptly thereafter
OWNER and ENGINEER shall review the scope and progress of the project
work. ENGINEER shall obtain written authorization from OWNER, prior to any
additional costs being incurred under paragraph 6.2.1.3. If it is determined that
due to a change in project scope under paragraph 5.2.1, the ENGINEER is
entitled to additional compensation, OWNER and ENGINEER may negotiate
terms as provided under 6.2.1.1. The amount and terms of any additional
compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing
pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under
5.2.1, when the total cost of the original scope Construction Phase and Project
Documentation Services exceeds the negotiated compensation for these services,
the OWNER shall pay only for the direct costs incurred in excess of the
estimated compensation. These costs consist of an amount equal to the
ENGINEER'S Direct Labor Cost times a factor of 2.61 for services rendered
which shall include Direct Labor, the federally audited payroll Direct Labor
Overhead, and General & Administrative Overhead costs, but shall not include
any allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic
Services and Approved Additional Services shall be paid to the ENGINEER by the
OWNER in the actual amount of the costs incurred up to an amount not to exceed $
1,065, which includes $ 0.00 for consultants employed by the Engineer and $ 0.00
for all other reimbursable expenses. The estimated reimbursable expenses are identified
in Exhibit A.
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6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the
OWNER, a record of the costs associated with failing quality control tests performed for
the OWNER during the course of the construction of the project and recommend an
amount the OWNER deduct from the contractor(s) payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the
ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S
Direct Labor Costs times a factor of 3.0 , or an amount otherwise negotiated at the
time such services are requested and approved by the OWNER."
ARTICLE 7 — MEANING OF TERMS
A. Delete the direct labor costs for Principals, Project Manager and Clerical and replace with the
following:
2017 Direct
Personnel and Classification Labor Cost
Scott Buecker, Senior Project Manager
$62.74
Scott Jungwirth, Engineer 1
$28.32
James Sletten, I&C Tech II
$29.25
Ross Hanson, I&C Tech IV
$46.15
In witness whereof, the Parties hereto do make and execute this Amendment.
CITY OF BOZEMAN, MONTANA ENGINEER
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BY: BY`:
Manager (Operations Ma ger)
DATE:
ATTEST:`
130
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17
BY:
`iI1V C
DATE: 1/ 11514 2D/-7
Exhibit A
Amendment No. 1 to the Bozeman Lyman Creek System Expansion PER
Scope and Fee for Lyman Spring Junction Box Monitoring and Control Improvements
BACKGROUND
Multiple workshops were held with the City of Bozeman in May and June of 2016, regarding the
risk, cost and potential benefits of well drilling at Lyman Spring. The outcome of these
meetings was a decision to forego drilling the spring in the near-term, and instead utilize some
of the budget originally allotted to the drilling phase for controls improvements to the existing
spring junction box and flow control valve in the Lyman Water Treatment Plant (WTP).
The purpose of the controls improvements is to improve capture of the water currently lost as
overflow to the headwaters of Lyman Creek, within the City's annual and instantaneous water
right (4,346 ac-ft/yr and 2,671 gpm, respectively). Based on 330 measurements of the overflow
from 2010 through the end of 2015, the rate of flow averaged 513 gpm. Efforts to minimize this
overflow (via more frequent trips to the junction box and adjustments to the flow setpoint)
have reduced this loss rate in recent years, but the average is still over 250 gpm, and ranges
well above 500 gpm during the periods of highest spring production.
Controls Improvements Project to Eliminate Spring Box Overflow
Flow control from the spring box can be automated by continuously monitoring the level in the
spring box and using the level to automatically adjust the flow rate setpoint that the existing
Cla-Val flow controller can use to adjust the flow control valve in the chemical treatment
facility.
The level in the junction box will be measured with a submersible pressure transducer that will
be anchored to the spring box to measure the water level above it. The level signal from the
transducer will need to be transmitted to the Lyman WTP. This would be done via radio
between the spring box and the chemical treatment facility. The level transducer and radio
would both be run using 12 or 24V direct current (DC) power, which can be provided by a
conventional battery system since very little power is required.
Routing power to the level sensing and radio system from power supply at the chemical
treatment facility would be very expensive for the little amount of power that will be required.
Batteries could instead be charged by installing power from a small solar panel array, or by
installing pico hydropower on the Lyman transmission pipeline. Identification of the source of
1
power will need to be completed before a final cost can be provided for completion of the
work.
• Solar would need to be installed up and out of the canyon to provide consistent power,
along with a signal repeater for the radio. Locating the panel on the ridge between the
spring and the chemical treatment facility may trigger resistance from local property
owners. The signal cable for the level transducer would need to be direct -buried from
the transmitter and solar panel to the spring junction box.
• Pico hydropower could be installed within the upper pressure reducing vault. This would
simplify burial of the signal cable, as it would follow the existing road. However, a radio
repeater would still be needed near the mouth of the canyon, or a signal would need to
"flood" Lyman canyon to be transmitted to the chemical treatment facility.
The determination of how to power the radio signal will be made with preliminary design and a
cost -benefit comparison between solar and pico hydropower.
The spring box level signal will be received by a new receiver installed at the chemical
treatment facility, and fed into a Programmable Logic Controller (PLC). The PLC will convert the
level to a flow rate setpoint for the existing flow controller for the the Cla-Val. The level will be
converted to a flow setpoint through pre -configured stages, where several ranges of water level
can each be configured to have a corresponding flow set point. Alternatively, the PLC could also
directly calculate the flow setpoint by using Proportional -Integral -Derivative (PID) control that is
integral to the PLC. The setpoints will be adjustable by an operator through an operator
interface installed in the PLC control panel at the WTP.
The City requested that with these monitoring and controls improvements, the level sensing
and flow calculation utilized at the lower Parshall flume on Lyman Creek ("Two Foot Flume")
also be incorporated to SCADA for long-term continuous monitoring. This will require a new
level sensor, transmitter, power source and radio; and programming to accept the signal and
translate it to a creek flow.
The scope and fee included herein replaces the remaining scope of the Lyman Creek Water System
Expansion project.
N
Lyman Spring Junction Box Monitoring and Control Improvements Scope and Fee
Description:
The following tasks have been added to the original Tasks 1.0 through 1.2. The scope and
fee for original task 1.3, "Test Well Drilling", has been cancelled and is replaced with the
following tasks 1.3 through 1.8.
Task 1.3 - Project Management
Tasks • Overall Management of Schedule and Budget for Project
• Development of Project Management Plan
• Bi -Weekly Team Coordination Conference Calls
• Monthly Progress Reports
Deliverables • Monthly Progress Reports
Total (Proposed • 12 Hours
Hours/Total Fee) • $2,472
Task 1.4 — Preliminary Engineering Report
Tasks
• Solar and pico-hydro power sources will be evaluated to determine
• ENGINEER shall generate plans and specifications for installation of
the most cost-effective means of providing power to level sensing and
Lyman Spring Junction Box Monitoring and Controls Improvements,
signal transmission equipment. Level sensing and transmitters will be
which will include monitoring improvements to the Two Foot Parshall
in two locations:
Flume on lower Lyman Creek.
■ Lyman Spring Junction Box
• Preliminary Sheet List:
■ Lower Parshall Flume (Two Foot Flume)
■ Overall Site Layout (two sheets)
• Determine optimum location and design requirements for an air -relief
■ Electrical Single -Line Diagram
station upstream of the uppermost PRV Station.
• Evaluate suitability of existing flow control valve positioner and micro -
PLC for use with level signal from spring junction box.
• Determine best means of installing signal wire and electrical conduit
between power source, level sensor and radio transmitter
• Provide preliminary cost estimate for construction of improvements
Deliverables
• Preliminary Engineering Report
• Civil Site Plan showing overall layout
• Preliminary Process & Instrumentation Diagram
Meetings
• Preliminary Engineering Workshop
Total Proposed Hours
• 104 hours
and Fees
• $13,360
Task 1.5 — Final Design
Tasks
• ENGINEER shall generate plans and specifications for installation of
Lyman Spring Junction Box Monitoring and Controls Improvements,
which will include monitoring improvements to the Two Foot Parshall
Flume on lower Lyman Creek.
• Preliminary Sheet List:
■ Overall Site Layout (two sheets)
■ Electrical Single -Line Diagram
Task 1.6 — Bid Services
® Process & Instrumentation Diagram
• Engineer shall provide the following services during construction:
■ Power Source, Junction Box, and Radio Transmitter detail sheets
•
(two, one each for Junction Box and Two Foot Parshall Flume)
Deliverables
• 90% Set of plans and specifications: Three (3) hardcopies and USB
Response to Contractor Questions
• Engineer's Opinion of Probable Construction Cost
•
• City's review comments will be incorporated into the 90% Design Set,
and processing
100% design drawings and specifications will be re -issued for final
Pre -Bid Conference
review (three (3) hardcopies and USB stick).
•
• Drawing deliverables will be 11x17 format. USB stick will have pdf and
■ Provide Record Drawings
CAD files.
Meetings
• Final Design Workshop — 90% Design will be presented to the City.
•
Review comments will be incorporated into 100% Design Set.
Total Proposed Hours
• 120 Hours
and Fees
• $15,248
Task 1.6 — Bid Services
Tasks
• Engineer shall provide the following services during construction:
Tasks
•
Bid Document Distribution
■ Respond to Requests for Information (RFls)
•
Response to Contractor Questions
•
Addenda
and processing
•
Pre -Bid Conference
•
Bid Opening, Reviews
■ Provide Record Drawings
•
Recommendation of Award of Contract
Deliverables
•
Conformed Documents (Plans and Specifications)
42 work days) construction period has been assumed for the purpose of
o PDF (11 x 17 and 22 x 34 PDF drawings, Specifications)
o AutoCAD Drawings
o MS Word Specifications
•
Addenda as Required
•
Bid Recommendation Letter
Total Proposed Hours
•
36 Hours
and Fees
•
$4,576
Task 1.7 — Construction Administration and Observation
Tasks
• Engineer shall provide the following services during construction:
■Construction Observation and Documentation
■ Respond to Requests for Information (RFls)
■ Review shop drawings and submittals
■ Process Requests for Change Orders and provide recommendations
and processing
■ Review and certify Contractor's applications for payments
■ Conduct substantial and final completion reviews, punchlist tracking
■ Provide Record Drawings
• Engineer shall provide daily visits to site. Visits shall last 1 to 4 hours
depending on work in progress by Contractor. A 60 day (Approximately
42 work days) construction period has been assumed for the purpose of
this fee proposal.
Deliverables
® Construction Observation Updates (Daily)
® Instrumentation and Controls Technician shall integrate signals sent
• RFI responses
from transmitters at the Lyman Spring Junction Box and two foot
• Submittal Reviews
Parshall flume.
• Change Order responses
• Instrumentation and Controls Technician shall provide
• Progress Payment certifications
Total Proposed Hours
• 116 Hours
and Fees
• $13,520
Task 1.8 — Instrumentation and Controls Integration and SCADA Programming
Tasks
® Instrumentation and Controls Technician shall integrate signals sent
Lump Sum
from transmitters at the Lyman Spring Junction Box and two foot
Lump Sum
Parshall flume.
Lump Sum
• Instrumentation and Controls Technician shall provide
T&M
programming services for:
Lump Sum
■ Monitoring, recording and conversion of level signal from
Lump Sum
Lyman Spring Junction Box to the flow control valve position
Time and Materials Fee Subtotal $13,520
at the Lyman Treatment Plant.
■ Monitoring, recording and conversion of level signal from two
foot Parshall flume to a flow estimation for lower Lyman
Creek.
■ Support services to ensure flow signals, adjustment of valve
and resulting spring diversion flows are received and
transmitted to the Sourdough Water Treatment Plant's
SCADA system and HMIs located at the City Shop Complex
and Sourdough WTP.
Deliverables
• N/A
Total Proposed Hours
• 64 Hours
and Fees
• $6,888
Fee Summary:
Task 1.3 1 Project Management $2,472
Lump Sum
Task 1.4 Preliminary Engineering Report $13,360
Lump Sum
Task 1.5 Final Design $15,248
Lump Sum
Task 1.6 Bid Services $4,576
Lump Sum
Task 1.7 Construction Administration and Observation $13,520
T&M
Task 1.8 I&C Integration and SCADA Programming $6,888
Lump Sum
Reimbursable Expenses (Travel, Document Production) $1,065
Lump Sum
Lump Sum Fee Subtotal $43,609
Time and Materials Fee Subtotal $13,520
Lyman Spring Junction Box Monitoring and Controls Improvements $57,129
Fee Total
5
EXHIBIT B
TO AMENDMENT NUMBER 1 OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER'S REPRESENTATIVE
ENGINEER will be OWNEWs representative during the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract
Documents and shall not be extended without written consent of OWNER and ENGINEER.
10.2. VISITS TO THE SITE
ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for
OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the
basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will
keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and
deficiencies in the Work.
10.3. PROJECT REPRESENTATION
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER
in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such
Resident Project Representative and assistants will be as provided in EXHIBIT C TO THIS AMENDMENT, A
LISTING OF THE DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE.
10.4. CLARIFICATIONS AND INTERPRETATIONS
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If
CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an
extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in the General Provisions of the construction Contract Document.
10.5. AUTHORIZED VARIATIONS IN WORK
ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also
on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as
to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions
of the Construction Contract.
10.6. REJECTING DEFECTIVE WORK
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will
also have authority to require special inspection or testing of the Work as provided in the General Provisions of the
construction Contract Document whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing
provisions of the General Provisions of the construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of
the General Provisions of the construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the
payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written recommendation thereon (by recommendation of an Application for
Payment or otherwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and
claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract
Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute
and other matter shall be promptly reported and copied to the OWNER.
10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith
in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any
such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such
rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter.
10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, any Sub -contractor, any Supplier, or any other person or organization
performing any of the Work, or to any surety for any of them.
10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or
"satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of
ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the
Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of
paragraph 4.5.3.
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EXHIBIT C
TO AMENDMENT NUMBER 1 OF AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
ARTICLE 11 - DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and equipment by
the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures
or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the
Amendment are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in this Amendment and in the
construction Contract Documents, and are further limited and described as follows:
11.1. GENERAL
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and
will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall
in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with the knowledge of and under the direction of ENGINEER.
11.2. DUTIES AND RESPONSIBILITIES OF RPR
11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and the project -related meetings, and prepare and circulate
copies of minutes thereof.
11.2.3. Liaison:
11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and
assist ENGINEER in serving as OWNER's liaison with CONTRACTOR.
11.2.3.2.Assist in obtaining from OWNER additional details or information, when required for proper
execution of the Work.
11.2.4. Shop Drawings and Samples:
11.2.4.1. Record date of receipt of Shop Drawings and samples.
11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of availability of samples for examination.
11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the Contract Documents.
11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or
defective or does not conform to the Contract Documents, or has been damaged, or does not meet
the requirements of any inspection, test or approval required to be made; and advise ENGINEER
of Work that RPR believes should be corrected or rejected or should be uncovered for observation,
or requires special testing, inspection or approval.
11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training
are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains
adequate records thereof; and observe, record and report to ENGINEER appropriate details
relative to the test procedures and startup.
11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections and report to ENGINEER.
11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ENGINEER.
11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report with RPWs recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
11.2.8. Records:
11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop
Drawings and samples, reproductions of original Contract Documents including all Work
Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, and other Project related documents.
11.2.8.2.Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the
job site, weather conditions, prime and subcontractor daily work force, daily log of equipment
onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or
changed conditions, list of job site visitors, daily activities, decisions, observations in general, and
specific observations in more detail as in the case of observing test procedures; and send copies to
ENGINEER.
11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors
and major suppliers of materials and equipment.
2
11.2.9. Reports:
11.2.9.1.Fumish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material
from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes,
and Field Orders.
11.2.9.4.Report immediately to ENGINEER and OWNER upon the occurrence of any accident.
11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with
the established procedure for their submission and forward with recommendations to ENGINEER, noting
particularly the relationship of the payment requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated in the Work.
11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to
final payment for the Work.
11.2.12. Completion:
11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring
completion or correction before ENGINEER may issue a Certificate of Substantial Completion.
11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on
their status, and make recommendation to Engineer regarding issuance of a Certificate of
Substantial completion.
11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
11.2.12.4. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning final acceptance.
11.3. LIMITATIONS OF AUTHORITY
Resident Project Representative:
11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipments, unless authorized by ENGINEER.
11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Amendment or the
Contract Documents.
11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or directions are
specifically required by the Contract Documents.
11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part.
11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
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