HomeMy WebLinkAbout01- Allied Engineering Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of /lJtlV-Bm ber- /3.1 .;)()(JI , between THE CITY OF BOZEMAN, a
Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and ALLIED ENGINEERING SERVICES,
INC. Bozeman, Montana, (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perfonn the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT A Engineer's Status During Constmction,
EXHIBIT B A Listing of the Duties, Responsibilities and Limitations of Authoritv of the Resident Proiect
Representative, and EXHIBIT C Scope of Services, are hereby incorporated in and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICt<:S
1.1. The detailed description of the specific project components is described as follows:
Provide engineering design services for the construction of solid waste transfer station. Services include siting
selection, peTIllitting, surveying, design of infrastructure and struct~lre, construction specifications, cost estimates
and bidding documents. Complete all necessary requirements to obtain local, state, city and county approvals
and permits.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS.
ARTICLE 2 ~ ENGINEER'S RESPONSIBILITIES
2. I. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinatler provided. These services will inelude, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Terry L. Threlkeld.
2.6. TIle ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Scott R. Smith. The OWNER may name a Task Director who would be the
liaison betwccn the ENGINEER and the OWNER during the design segment of the Project.
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2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the projeet is completed.
ARTICLE 3 - OWNI<:R'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Direetor who shall be thc liaison betwecn the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designatcd shall be Karen Finke.
3.2 The OWNER shall havc thc right ofreview and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (as-built drawings, eonstruction records, etc.) indieating the
existing contlguration ofthc city utilitics.
3.4 Thc OWNER will be responsible for Advertising Bid Openings.
3.5 The OWNER shall attend the pre-bid confercnccs, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall rcnder professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and dcfinc OWNER's rcquirements for the Project and rcview
available data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from othcrs, data or services
and assist OWNER in obtaining sueh data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5. Provide a gencral economic analysis of OWNER's requirements applicable to various alternatives.
4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary
descriptions and maps, preparing a property owner's and assessments role lists including project assessment
costs based on the preliminary project cost estimates, and providing technical information at SID public
hearings, if applicable.
4.1.7. Prepare a Report contamlllg schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied
by ENGINEER's opinion of probable costs for the Project, including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other professionals
and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for
interest and financing charges and for other services to be provided by others for Owner. The total of all
such costs, allowance, etc. arc hereinafter called "Total Project Costs".
4.1.8. Furnish !L copies of the Study and Rcport documents and rcview them in person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within ~ calendar days following
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written authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 PRELIMINARY DESIGN PHASE
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 determinc general scope, extent and character of the Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Rcport, preliminary plans and specit1cations and a
written description for the Project.
4.2.3. Preliminarv 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 proj eet.
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, ifneeded.
4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard
construction methods or specitlcations.
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 eablcs, 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 casement
agreements from private landowners and any other agencies or entities requiring similar approvals prior to
bidding, if required. 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 con duct 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 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 tlnaneial 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
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review documcnts in pcrson with OWNER and review authoritics, and, if ncccssary, 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 Prcliminary Design Phase will be completcd and submitted within ~ calendar days following written authorization
from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
After written authoriwtion to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the reviscd 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
perfonned by the Contractor(s) suitable for use in the project bidding and constTLlction.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by
changcs in gcneral scope, extent or charactcr or dcsign requircmcnts of thc Project or Construction Costs.
Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Preparc for rcview and approval by OWNER, its legal counsel and other advisors, contract agrecmcnt
fOnllS, general conditions and supplementary conditions, and (where appropriate) bid fonns, invitations to bid
and instructions to bidders, special provisions, technical specifications, and standard drawings, and other relatcd
contract documents in conformance with thc latest edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozcman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER six copies of the Contract Documents (including dcsign drawings, specifications and
contracts ).
The Final Phase will be complete and submitted within ~ calendar days following written authorization from OWNER
to ENGINEER to proeced with that phase of services.
4.4 BIDDING OR NEGOTIATING PHASE
Aftcr 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 Ridding Documents have been issued, receive and process
deposits for Bidding Documcnts and conduct pre-bid conferences.
4.4.2. Provide interpretation or clarification to prospective bidders rcgarding thc Bidding Documcnts, and
issue addenda as appropriate.
4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors,
supplicrs and other persons and organizations proposed by the prime contraetor(s) (hcrcin 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 dctcrminc thc acceptability of substitute materials and
cquipment proposed by Contractor(s) whcn substitution prior to the award of contracts is allowed by the Bidding
Documents.
4.4.5. Attend the Bid opcning, 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 ofthc contract documents for construction,
materials, equipment and services. Furnish Owner two original signature sets of executed contract doeumcnts
(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.
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4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summariled as follows:
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 A - ENGINEER'S STATUS DURING
CONSTRUCTION, attached to and made part of this A&'feement and may be further provided under the General
Conditions of the contract documents. llle extent and limitations of the authority, duties, and responsibilities of
thc ENGINEER on the construction job site as assign cd hcrc-in shall not be modificd cxcept as the ENGINEER
may othcrwise agree in writing. All of OWNER's instruction to Contraetor(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 otherwisc 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.
4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including
establishment of line, gradc, and blue top control staking.
4.5.1.3 Review Contractors' construction schcdules and operations, and the Contractors' traffic control
plans and its implementation prior to the start of construction.
4.5.1.4 Ascertain that the Contractor has secured required pemlits needed to accomplish his work.
4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Dircctor.
4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence betwccn thc 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
perfomled in accordance with the Contract Documcnts.
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 confomlance and
progress under the Contract time provisions.
4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial
design or engineering deficicneics arc required to complete the project original design concept.
4.5.1.11 Inspect the project and when appropriate, and after confcrring with OWNER, Issue a
Certificate of Substantial Completion to the Contractor.
4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project
inspcction and submit a report to the OWNER documenting any outstanding items or deficiencies
rcquiring correction prior to final payment. Upon satisfactory projcct completion ENGINEER shall
ccrtify in writing to the OWNER, and any required regulatory agencics, that thc construction was
complcted in accordance with the approved plans and specifications and is performing in accordance
with the design concept.
4.5.1.13 Eleven months after project substantial complction schedule and conduct with thc Owner a
One Year Warranty Inspection of the projcct and advise the owner in writing whether project
deficiencics exist and if the project is perfomling in accordance with the design concept.
4.5.2. Residcnt Proiect Rcpresentative. ENGINEER shall provide a qualified Resident Project Representative
at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES,
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PRO.lEeT
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REPRESENTATIVE., attached to and made part of this Agreement.
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 perfoTlll or furnish the Work in
accordance with the Contract Documents; however, nothing contained in this agreement shall be construed to
release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
4.6. PROJECT DOCUMENTAl'ION
ENGINEER shall furnish OWNER with (a) one mylar copy and two paper copies 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.
4.7. CONSTRUCTION TESTING
The inspection services shall inelude material testing and verification of contract compliance with job site requirements,
plans and specifications.
The ENGINEER shall provide and maintain detailed documentation of the following material testing:
) ) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate f,'Tadations
4) Plant mix strength, flow and asphalt content
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perfoTlll any of the following Additional Services,
OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perfoTlll or obtain from others such services and
will be paid therefor as provided in the Agreement:
5.1.1. Legal land surveys perfoTllled to obtain data for preparing easements and rights-of-way descriptions.
5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under l3asie Services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in the Agreement, including services nonnally
furnished by the OWNER as elsewhere herein described.
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5.1.7. Furnishing the services of independent professional associatcs or consultants for othcr than Basic
Services.
5.1.8. Furnishing general solid waste consulting for other than Basic Services.
5.2. When required by the Contract Documents in circumstances bcyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will bc paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
serviecs rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
and cvaluating an unreasonable or extensive number of elaims submitted by Contraetor(s) or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2A. Additional or extended services during construction made necessary by (I) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond nonnal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Pavment. The OWNER shall for design phase services perfomled as Basic Engineering Services under
sections 4.1 through 4A of this agreement pay a total sum in the amount of $ 237,971.02 for such services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4A) shall not exceed the following ceilings:
$ 47 ,594.20 (approximately 20 % of design fee) until Tasks 1.1 through 1.3 of Exhibit C - Scope of Services
have been completed and submitted to the OWNER.
$ 178,478.27 . (approximately 75% of design fee) until Tasks 2.1 through 4.7 of Exhibit C - Scope of Services
have been completed and submitted to the OWNER and review authorities.
Lf.HJ)3.92 (approximately 90'% of design fee) until Tasks 4.8 through Phase 7 of Exhibit C - Scope of
Scrviees have been completed and submitted to the OWNER and review authorities.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subjcet to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of the Agreement.
6.IA Rcimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design relatcd expenses, except engineering and application fees for
obtaining pennits, easements and State, City, and County approvals (other than those indicated in the Scope of
Services), arc ineluded in the Lump Sum Payment for the Basic services (4.1 through 4A) and are not separately
reimbursable. Additional Services specifically identified under the scope of design services for payment under
6.1 arc not separately reimbursable.
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6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES ANI> EXPENSES OF ENGINEER.
Construction and project documcntation services perfonned as Basic Engineering Serviccs undcr scctions 4.5 through 4.7
including General Administration of Construction Contract, Rcsident Projcct Rcprcsentation, Project Documentation, and
Construction Testing, shall be negotiated at a later date:
6.2.1 TIle OWNER shall pay for Construction Phase and Project Documentation Services an amount nolli
exceed (to hc nCl!:otiated) except as provided under 6.2.1 .2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall bc bascd on thc ENGINEER's
Direct Labor Cost times a factor of (to hc nCl!:otiatcd) for serviccs rcndcrcd which shall eovcr Dircct
Labor, Direct Labor Overhead, Gcncral & Administrative Overhcad 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 undcr this Agreement will execcd thc
ncgotiated compensation for these services, and prior to performing services in cxcess of the contract
cciling, 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 tenns as provided under 6.2.1. I.
The amount and tenns 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 (to be nee:otiated) 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 $ (to be nee:otiated) which includes $ (to be nee:otiated) for consultants
employed by the Engineer and $ (to be nel!:otiatcd) for all other reimbursable expenses. The estimated
reimbursable expenses are identified in Exhibit" (to be nee:otiated) ".
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 perfonned for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the eontraetor(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 ...1.03 , or an
amount othetwise negotiated at the time such services are requested and approved by the OWN ER.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the tenn "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurancc counseling or auditing services, or
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interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, othcr technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs arc:
Principals $ 45.00 (hour
Project Manager $ 45.00 --- /hour
Senior Engineer $ 35.00 (hour
Staff Engineer $ 25.00 (hour
Senior Technicians $ 22.00 (hour
CADD Drafter $ 20.00 /hour
Technicians $ 20.00 /hour
Construction Inspector $ 18.00 (hour
Two Person Survey Crew $ 110.00 /hour
Clerical $ 15.00 /hour
7.4 REIM8lJRSABLE EXPENSES
Reimbursable Expcnscs mcan the actual expenses incurred by ENGINEER or ENGINEER's independent
professional associatcs or consultants directly in connection with the Project, such as expcnses for: transportation and
subsistcnce incidcntal thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident
Project Representatives and their assistants; toll tclcphone calls and telegrams; reproduction of reports, Drawings,
SpecifIcations, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime
work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct
Labor Costs method of payment, Reimbursablc Expenses will also include the amount billed to ENGINEER by special
consultants employcd by ENGINEER and authori"ed by OWNER (other than as an authorized Additional Services) and
will also includc expenses incurred for computer time and othcr specialized equipment, including an appropriatc ehargc
for previously established programs and cxpcnses of photographic production techniques.
ARTlCLI<~ 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and
approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the
ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If
OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (I 0) calendar days
of the receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of
the period incremental man hours incurred, direct labor rates and billed rates, detail of rcimbursablc costs, total period
billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall bc accounted
and billed separatcly.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
cmployed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
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approved Additional Services and unpaid Rcimbursable Expenses which arc authorizcd undcr this agrccmcnt.
ARTICLI!: 9 - GENERAL CONSIDERATIONS
9.1 TERMINA TION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (I) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any payment due to the ENGINEER at the time of tcrmination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWN ER, the equitable adjustment shall inelude a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become fiml prior to
the temlination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (I) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, desil,'ll drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement, whether completed or in process.
9.1.4 In the event this Contract is terminated prior to completion, the original copies of thc ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said temlination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INsrf;:CTlON AND AUDIT
All books, papers, records, payrolls, vouchers and mvoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fcc, gifts or any other considerations eo1'1tingent upon or resulting from the award or making of this Contract.
for breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
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national origin or disability in employment or provision of services. The ENGINEER shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER's request, re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER's rights herein arc in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS
9.7.1 The ENGINEER shall comply with all Federal, State, and Local laws and ordinances applicable to the
work to be done.
9.7.2 The ENGINEER agrees to indemnify, hold harmless, and defend the OWNER, its officers, directors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, costs,
expenses, obligations, and liability of any character, including attorney's fees, arising out of or resulting
from or in connection with the ENGINEER's negligent performance of the services specified in this
agreement. In the event the OWNER is found proportionately responsible, the ENGINEER will be held
responsible only for those damages, costs, attorney's fees, and liabilities as arc attributable to the
ENGINEER's percent of fault as compared with 100% of the fault giving rise to the damages.
9.7.3. The ENGINEER agrees to indemnify, hold harmless and defend the OWNER, its officers, directors,
agents, and employees from and against any suits, causes of action, claims, demands, damages, costs,
expenses, obligations, and liability of any character, including attorney's fees, arising out of or resulting
from or in connection with the ENGINEER's non-negligent performance of the services specifIed in
this agreement. In the event the OWNER is found proportionately responsible, the ENGINEER will be
held responsible only for those damages, costs, attorney's fees, and liabilities as are attributable to the
ENGINEER's percent offault as compared with 100% of the fault giving rise to the damages.
9.7.4 In an appropriate case in which attorney's fees arc awarded to the OWNER following a wrongful
refusal of a tender of defense, said fees may include fees and salary paid by the OWNER to the City
Attorney or other in-house counsel.
9.7.5 The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this agreement.
9.7.6 'fhe ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that
the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall
have and maintain complete control over all of its employees, subcontractors, agents and operations,
being responsible for any required payroll deductions and providing required benefits, such as, but not
limited to, worker's compensation with statutory limits, and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
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Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Type of Coverage Limits
.Employers' Liability: $ 10QJ2QQ per accident
Gcncral Liability:
Bodily Iniury & Property
Damage Single and combincd $ I ,000,000 per accident
Automobile:
Bodily Iniury covering all $ 500,000 each person
automobiles, trucks,
tractors, trailers, or $1 ,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering
$ 500,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Enginecr
or owned by employees of
Engineer
OR
Bodily Iniury & Property $ 500,000 each occurrence
Damage Single and combined
Professional Errors & Omissions: $ I ,000,000 per elaim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
llle parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
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9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pel1aining to the cost incurred and to make the
records available at all reasonable times during the Contract tenn and for one (I) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attomey to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attomey.
9.16 MODU'ICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
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In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA _ENGINEER ~' ,_.
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BY ( ~ ( / /
(City Manager) . -_/-- csidcnt) -'
( ---~~
DATE: 12 November 2001 DATE: \0 -,c.;;: -0)
ATTEST:
ByG6o?'~
(Clerk of Connnission)
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EXHIBIT A
TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES
ENGINEER'S STATUS DURING CONSTRUCTION
This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and Allied I<:nc:ineerinl! Services. Inc,
(ENGINEER) providing for professional engineering services.
ARTJCLE 10 - ENGINEER'S STATUS mJRING CONSTRUCTION
10.1. OWN I<:R'S REPRESI<:NTA TIVE
ENGINEER will be OWNER's 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 TH 1<: SITE
ENGINEER wiII 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 eonfonn 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. Thc duties, responsibilities and limitations of authority of any such
Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES.
RI<:SPONSIBILITJES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT
REPRESENT A TIVE.
lOA. CLARIFICA TI ONS AND INTERPRET A TIONS
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 V ARIA TIONS 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.
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10.6. REJI<:CTING Dl<:FECTIVE WORK
ENGINEER will have authority to disapprove or rejcct Work which ENGINEER believes to bc defective, and will
also have authority to require special inspection or testing of the Work as provided in the Gcneral Provisions of the
construction Contract Documcnt whether or not the work is fabricated, installed, or completed.
10.7. SHOP DRAWINGS, CHANGE ORDERS ANI> PAYMENT
10.7.1. The ENGINEER's responsibility for Shop Drawings and samplcs shall comply with the shop drawing
provisions of the Gcneral Provisions of thc construction Contract Document
10.7.2. The ENGINEER's responsibilities for Change Ordcrs shall comply with the change order provisions of
the Gencral Provisions ofthe construction Contract Document.
10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with thc
payment provisions of the General Provisions of the construction Contract Document.
10.8. DETERMINATIONS FOR UNIT PRICES
ENGINEER will dctermine the actual quantities and classifications of Unit Price Work pcrfomled by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary dctcmlinations OIl
such matters before rendcring a written recommcndation thercon (by reconunendation of an Application for
Payment or othcrwise) to OWNER.
10.9. DECISION ON DISPUTES
10.9. '- ENGINEER will be thc initial interpreter of thc rcquirements 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 perfonnanee 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 CONTR^CTOR 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. J 0.1. 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 allowcd", "as
approved" or terms of like effect or import arc used, or the adjectives "rcasonable", "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 B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMIT A TIONS OF AlJTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
'fhis Exhibit is attached to, madc a part of and incorporated by reference with the Agreement made on
between CITY OF BOZEMAN (OWNER) and Allied Enl!:ineerinl!: Services, Inc.
(ENGINEER) providing for professional engineering services.
ARTICLE 11 - DUTIES, RESPONSIBILITII!:S AND LIM ITA TIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENT A TIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist
ENGINEER in observing perfommnee 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 shaIl 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 8.5 of the
Agreement are applicable.
The duties and responsibilities of the RPR arc limited to those of ENGINEER in this agreement 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 fuIl 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 prcconstruction
conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate
copies of minutes thereof.
11.2.3. Liaison:
I 1.2.3. 1. Serve as ENGINEER's liaison with CONTRACTOR, working prineipaIly 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
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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 arc 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. Reyiew of Work. Re;ection of Defective Work. Inspections and Tests:
11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER m
detennining ifthe Work is in general proceeding in accordance with the Contract Documcnts.
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 correctcd 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 staliup and operating and maintenance training
arc 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 proccdures and startup.
1l.2.5.4.Accompany visiting inspectors reprcsenting public or other agencics having jurisdiction
over the Project, record the results of these inspections and report to ENGINEER.
11.2.6. InterpretatlOn 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.
I I .2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report with RPR's 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. Rccord names, addresses and telephone numbers of all CONTRACTORS, subcontractors
and major suppliers of materials and equipment.
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11.2.9. Reports:
11.2.9.1. Furnish 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.
l1.2.9.2.Consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
l1.2.9.3.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.
I 1.2.9.4. 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 reconunendations 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 instal1ed and in accordance with the Contract
Documents, amI have this material delivered to ENGINEER for review and fOlwarding 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 tlnal 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
reeonunendations to ENGINEER concerning tlnal 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 Agreement 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, teclmiques, sequences or procedures of construction unless such advice or directions are
speeitleally required by the Contract Documents.
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I 1.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Wark.
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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