HomeMy WebLinkAbout06- HDR Engineering Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of 11,//1>/ 0 (0 , between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, 59715 (OWNER) and
HDR Engineering, Inc. with principal office at 1715 South Reserve Street, Suite C,
Missoula, Montana, 59801, (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 perform 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 CONSTRUCTION; EXHIBIT B: A LISTING OF THE
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT
PROJECT REPRESENTATIVE; EXHIBIT C: WASTEWATER TREATMENT PLANT
PHASE 1 EXPANSION EARLY..QUT PRIORITY IMPROVEMENTS - SCOPE OF
SERVICES, and EXHIBIT D: ENGINEERING FEE ESTIMATE are hereby incorporated in
and made part of this Agreement.
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description of the specific project components Is described as follows:
Perfonn preliminary design, design and construction administration services for completion of eariy-out
Improvements to the Bozeman Wastewater Treatment Facility to enable the City to comply with more
stringent compliance requirements for nutrients. Also provide assistance to the City for project startup and
commissioning, evaluation of the existing flp beds for reporting to MDEQ, and assistance with an
upcoming hearing with MDEQ regarding the new treatment facility discharge limit modifications developed
by MDEQ.
1.2. The scope of services under this contract are set forth in this agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services In all phases of the Project to
which this Agreement applies as hereinafter provIded. These services will Include, 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 Prlnclpal-In--Charge for the duration of the project. The Princlpalwln--Charge
shall be Dave Clark, P.E., Vice President.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Amanda B. Mcinnis. P .E., Department Manager. The OWNER may name
a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of
the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly
progress reports thereafter until the project Is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the
OWNER during DESIGN segment of the Project. The Task Director designated shall be
Bob Murray, P.E.
3.2 The!' OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (as-built drawings, construction records, etc.) indicating the
existing configuration of the city utilities.
3.4 The OWNER will be responsible for Advertising Bid Openings.
3.5 The OWNER shall attend the pre-bid conferences, 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 render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE - NOT APPLICABLE
4.2 PRELIMINARY DESIGN PHASE
After written authorization to proceed with the Preliminary Design Phase, ENGINEER shall:
4.2.1. ENGINEER shall prepare a Preliminary Design Report. preliminary plans and specifications and a
written description for the Project.
4.2.2. Specific items to be addressed in the design report will Include, but not be limited to work
elements as described in Sub Task 200 of Exhibit C.
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4.2.3. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications
with Infonnatlon which addresses the special features of each project task.
4.2.4. Based on the Infonnation contained In the preliminary design documents. ENGINEER will submit
a revised opinion of probable Total Project Costs to the OWNER.
The Preliminary Design Phase will be completed and submitted within 30 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
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 ot the work to
be fumished and perfonned 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 tonns, 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 documents as defined In Sub Task 300 of Exhibit C.
4.3.4. Furnish OWNER six copies of the Contract Documents (Including design drawings. specifications
and contracts). Drawings shall be half sized (11" x 1r).
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.
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) (as Identified in Sub Task 400 of Exhibit C 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 Qr 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 detennlne the acceptability of substitute materials and
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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. Fumish Owner two origInal signature sets of executed
contract documents (Including design drawings, specifications and contracts). Fumlsh contractor with one
set of original signature executed contract documents and up to three sets of construction documents.
4.5 CONSTRUCTION PHASE
The responsibilities of the ENGINEER during the Construction Phase are summarized as follows:
4.5.1. General AdmInistration of Construct/on 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 Agreement 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 othelWlse 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 othelWlse 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-constructlon conference.
4.5.1.2 Review Contractors' construction schedules and operations, and the Contractors' traffic
control plans and its Implementation prior to the start of construction.
4.5.1.3 Ascertain that the Contractor has secured requIred permits needed to accomplish hIs
work.
4.5.1.4 ENGINEER shall provide OWNER copies of all correspondence between the
ENGINEER and Contractor.
4.5.1.5 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.
4.5.16 Review and approve, for conformance with the project technical specifications all shop
drawings, and other Contractor submittals requIred by the Contract Documents.
4.5.1.7 During construction review Contractors' construction schedules and evaluate
conformance and progress under the Contract tIme provisions.
4.5.1.8 Prepare 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.
4.5.1.9 Inspect the project and when appropriate, and after conferring with OWNER, Issue a
Certificate of Substantial Completion to the Contractor.
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4.5.1.10 Prior 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 .satlsfactory 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.
4.5.2. Resident ProJect ReoresentatlvEt. 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 PROJECT
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 Resoonslbllltles. 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 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 DOCUMENTATION
ENGINEER shall fumish OWNER with (a) one digital AutoCAD drawing file on CD and two paper copies of the
Project Record Drawings ("As~Bullts"), (b) written monthly progress reports, and (c) a project notebook containing
such correspondence and documentation as requested by OWNER.
4.7. CONSTRUCTION TESTING - NOT APPLICABLE
ARTICLE 5 .. ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so
Instruct ENGINEER In writing, and ENGINEER shall perform or obtain from others such services and will be paid
therefore as provided In the Agreement
5.1.1. Legal land surveys performed 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 Basic 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.
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5.1.5. Preparfng 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 descrfbed.
5.1.7. Fumishlng the services of Independent professional associates or consultants for other than Basic
Services.
5.1.8. Providing project startup assistance and project commissioning assistance as defined In Sub Task
600 of Exhibit C.
5.1.9. Providing hearing assistance Including preparation of reference materfals and participation In
meeting presentations as defined In Sub Task 800 of Exhibit C.
5.2. When required by the Contract Documents In circumstances beyond ENGINEER's control, ENGINEER
shall perfonn 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 be 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 services 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 detennlnlng the acceptability of an unreasonable or excessive number of substitutions
proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by
Contractor(s) or others In connection with the work.
5.2.3. Services resulting from significant delays, changes or prfce Increases occurring as a direct result
of materfals, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) 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 normal 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 PaYment. The OWNER shall for design phase services performed as Basic Engineering Services
under sections 4.1 through 4.4 (Subtasks 100 through 300 and 700 of Exhibit C) of this agreement pay a
total sum In the amount of $78,529.70 for such services.
6.1.2 Pavment Schedule. Total cumulative payments for the design phase engineering services
(sections 4.1 through 4.4) shall not exceed the following ceilings:
$39,265j50% of design fee) until the Preliminary Plans and Specifications have been submitted to the
OWNER and review authorities.
$70,677 (90% of design fee) until the Final Plans and Specifications have been submitted to the OWNER
and review authorities.
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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, subject to any limitations on Payments based on completion of tasks or specific retalnage
requirements pursuant to the payment provisions of the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically Identlfled for payment under section
6.2 of this Agreement are reimbursable. All other desIgn related expenses are Included In the Lump Sum
Paymentfor the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services
speclflcally Identlfled under the scope of design services for payment under 6.1 are not separately
reimbursable.
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 4.5
through 4.7 (Tasks 400..a00 and 800 In Exhibit C) Including General Administration of Construction Contract,
Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in
accordance with the followlng:6.2.1 The OWNER shall pay for Construction Phase and Project
Documentation Services an amount not t6 exceed $44,650.70 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 3.15 for services rendered which shall
cover Direct Labor. Direct Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notlflcatlon, 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 Exceedlno 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....2J!Q. 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 proflt.
6.2.2 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
~, or an amount otherwise negotiated at the time such services are requested and approved by the
OWNER. Additional Services shall also Include those services deflned in SubTask 600 - Project Startup
Assistance and Commissioning and SubTask 800 - Hearing Assistance of EXHIBIT C.
ARTICLE 7 .. MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "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.
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7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cose) 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, Insurance counseling
or auditing services, or 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, other 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 are:
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses Incurred by ENGINEER or ENGINEER's independent
professional associates or consultants directly In connection with the Project. such as expenses for: transportation
and subsistence Incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation
of Resident Project Representatives and their assistants; toll telephone 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, Reimbursable Expenses will also include the
amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other
than as an authorized Additional Services) and will also Include expenses Incurred for computer time and other
specialized equipment, Including an appropriate charge for previously established programs and expenses of
photographic production techniques.
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ARTICLE 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 (10) calendar
days of the receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each requestfor payment shall Include a documentation summary of the
period Incremental man hours Incurred, direct labor rates and billed rates, detail of reimbursable costs, total period
billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be
accounted and billed separately.
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 employed 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-approved Additional Services and unpaid Reimbursable Expenses wt1ich are
authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION 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 (1) 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 termination
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 OWNER, the equitable aoJustment shall Include 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 sl;lrvlces 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 firm prior to the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) 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, design 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 the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the
ENGINEER prior to said termination 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.
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9 1 .6 OWNER'S right to terminate Is In addition to any other remEldles OWNER may have under the
law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and Invoices 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
93 EMP1.0YMENT
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 fee, gifts or any other considerations contingent 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 pelllon8 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.
g 4 NONDISCRIMINATION
The ENGINEER will not discriminate on the basis of race, color, religion, creed, political Ideas, sex, age, marital
status, 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 1 964; Section 140, Title 2, United States Code, and ~II regulations
promulgated thereunder
9.5 SUB1.ETTING OR ASSIGNING OF WORK
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The ENGINEER shall not sublet or 8sslgn 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 degres 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-perfonn the service at Its own expense. Engineer shall also, at Its own expense, make
such changes, modifications or eddltlons to the project which are made necessary as 8 result of the Initial non.
performance or the re-performance of services The OWNER's rights herein are In addition to any other remedies
the OWNER may have under the lew.
9.7 LEGAL RELATIONS
9 7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and
Local laws and ordinances applicable to the work to be done.
9.72 The ENGINEER agrees to defend, Indemnify, and hold harmless, the OWNER, Its officers.
directors, agents, and efTllloyees from and against any suits, cause of acUon. claim, cost,
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expenses, obligation and liability of any character, Including attorney's fees, which Is brought or
asserted for any bodily Injury, death, or physical damage to property received or sustained by any
person, persons, property, business or any other entity, arising out of or resulting from or In
connection with the ENGINEER's negligent performance of the services specified In this
agreement.
9.7.3. The ENGINEER agrees to defend, Indemnify, and hold harmless the OWNER, Its officers,
directors, agents, and employees should OWNER, Its officers, directors, agents or employees be
named as a defendant in any action where the OWNER'S alleged liability arises from the
negligent performance of the ENGINEER'S work herein described. The obligation of the
ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of
action, claim, cost or obligation Including, wtthout limitation, those alleged under the common law
or pursuant to a federal or state statute or regulation Including those arising in tort, trespass,
nuisance, and strict liability.
9.7.4 In the event the OWNER Is found proportionately responsible for any damages ultimately
awarded to a plaintiff or plaintiffs In any lawsuit, the ENGINEER will be responsible for only those
damages, costs, or liabilities as are atbibutable to the ENGINEER'S percent of fault as compared
with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for
negligence by Its own officers, directors, agents or employees, then in that event the OWNER
agrees to reimburse the ENGINEER for the reasonable attorney's fees and costs incurred In any
defense of the OWNER In an amount proportional to the fault attributed to the OWNER. The
Indemnity required herein shall not be limited by reason of the specification of any particular
Insurance coverage In this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities
resulting from Intentional misconduct by any officer, director, agent or employee in connection
with the work specified In this Agreement, then in that event, that party shall defend, indemnify
and hold harmless the other as to any damages, costs or liabilities that result from or arise out of
that intentional misconduct, Including reasonable attorney's fees and costs which shall Include
costs and salary of the city attorney or other In-house counsel. Further, notwithstanding the
obligations set forth In paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend
OWNER where the OWNER'S alleged liability arises from Intentional misconduct by the
ENGINEER. Should the OWNER be found responsible for Intentional misconduct by Its own
officers, director, agent or employees, then OWNER agrees to reimburse ENGINEER for the
reasonable attomey's fees and costs Incurred In any defense of the OWNER.
9.7.6 The 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, b\lt not limited to. worker's compensation with statutory
limits, and unemployment Insurance.
9.8 INSURANCE
The ENGINEER shall secure and fumlsh 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.
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:
11
Tvpe of Coveraae
~
Emolovers' L1abllltv:
General L1abilltv:
$ 100.000 per accident
Bodllv IniuN & ProDartv
Damaae Single and combined
$ 1.000.000 per accident
Automobile:
Bodily Inlury covering all
automobiles, trucks.
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
$ 500.000 each person
$1.000.000 each occurrence
Prooertv Damaoe covering
all automobiles. trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
$ 500.000 each occurrence
OR
Bodllv (nfury & Prooertv
DamaQe Single and combined
Professional Errors & Omissions:
$ 500.000 each occurrence
$ 1.000.000 per claim 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
The 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. Flies in electronic media format of text. data.
graphics, or of other types that are fumlshed 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.
9.11 PUBLIC INFORMATION
The ENGINEER shall not Issue any statements, releases or information for public dlssemlnatfon without prior
approval of the OWNER.
12
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 Govemment 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 pertaining to the cost incurred and to make
the records available at all reasonable times during the Contract term and for one (1) 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 attorney 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 MODIFICATIONS 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.
13
In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA
BY:~)'~
(City Manager)
DATE:.J Z-Ze>-OG
... ~ ~ l.. - _ J"'tr
---/-' ,-,
J ~_.. _....... 'no - ..
ENGINEER
~
BY:
Amanda B. cion Is. Department Manaaer
DATE: /I' 21 . ()t. .
14
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 HOR ENGINEERING. INC. (ENGINEER)
providing for professional engineering services.
ARTICLE 10.. ENGINEER'S STATUS DURING CONSTRUCTION
10.1. OWNER'S REPRESENTATIVE
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 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 B: 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 classJflcatlons 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
2
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",
"sultable", "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.
3
EXHIBIT B
TO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This Exhibit Is attached to, made a part of and Incorporated by reference with the Agreement made on
, between CITY OF BOZEMAN (OWNER) and HDR ENGINEERING. INC. (ENGINEER)
providing for professional engineering services.
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 8.5 of the Agreement are applicable.
The duties and responslbJlltles of the RPR are 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 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 Meetlnas: 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.
4
11.2.4. ShOD Drawlnas and SamDles:
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. Refection 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. Interoretatlon 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 wfth RPR's recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as Issued by ENGINEER.
11.2.a. 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 Jog book, recording CONTRACTOR hours
on the job site, weather conditions, prime and subcontractor dally work force, dally log of
equipment onslte or on standby, data relative to questIons of Work Directive Changes,
Change Orders or changed conditions, list of job site visitors, dally 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.
5
11.2.9. Reoorts:
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.
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 Reauests: 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. Certlffcates. Maintenance and Ooeratlon 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.Z 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 Agreement or the
Contract Documents.
11.3.3. Shall not undertake any of the responsibilitIes of CONTRACTOR. subcontractors or
6
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.
P:\WA TER\ 11206 BOZEMAMWWTP PHASE 1\2.0 CONTRACn2. 1 HDR CONTRACTS\FINAL EARL Y OUnEARL Y
OUT PROFESS
SERV AG
11.21.06R
FINAL. DOC
7
EXHIBIT C
CITY OF BOZEMAN, MONTANA
WASTEWATER TREATMENT PLANT PHASE 1 EXPANSION
EARL V-OUT PRIORITY IMPROVEMENTS
SCOPE OF SERVICES
" I '1, I 1', ", . I . " " :?~~3~:~~1, ,I II,:,,~
I,lr;": '" ,I I I " I t' I )1 . . ". ., I \' I I I ",I'~f\f.','11 I I II".
I . I .' \ . '. : I. I ~ I ',' ',' I "11,
200 Preliminary Design
'::',', " ,:,:"", ,,' , '. ':', ,'" ::<::',:,,' ,",' , ','<~:'i~~;i:,,:,,;{,:." ::/:;;r.!~:t:,':, .",1'
400 Bid Services
::,:,:,' ',: ' ""','" ': ,'I" 'I, :\:,Ifl:::":':';;':::':::<>,:,:",'
600 Project Startup Assistance & Commissioning
,I I r'I~:;'1 I ',JI:.1
'II ( I.' I , : I I I , I I ,', II . I I .' \. .' I I I I " "':f::~
. ., : . , ," .. ,', :',', I I . ':1 I /t. , I I . J" : I I Ii . I ,'~ l,; I,
800 Hearing Assistance
Project Goals
The objective of the early-out Priority Improvements Project (pROJECT) is to
enable the City of Bozeman (CITY) to comply with more stringent permit
compliance requirements for nutrients that will start on June 1,2007. The CITY has
also identified two additional critical project elements, IP Bed Plan and permit
hearing assistance, which will require immediate assistance during the next few
months.
fu order to enable the CITY to comply with the inuninent permit changes for
nutrients, an early-out construction project is planned to enable the CITY to provide
phosphorus removal using chemical precipitation ahead of the primary treatment
process and nitrogen removal using biological processes with modifications to the
existing aeration basin complex.
Chemical addition using alum or ferric chloride will also provide some reduction in
organic loading to the aeration basins and activated sludge process. fu addition to
chemical precipitation, the PROJECT will also implement changes at the aeration
basins by modifying existing sluice gates and central weirs and adding additional
Early~Out Scope of Services
1 of 12
11/22/2006
wall opening mixers and mixed liquor transfer pump(s). The modifications will
enable the basins to be operated in plug flow mode with an anoxic zone for
biological nitrogen removal.
Recent pennit changes by MDEQ have prompted a legal protest by the CITY
regarding the pennit process MDEQ has taken. This PROJECT includes additional
consultation services to assist the CITY with ongoing permit review. Services are
also included to address the permit requirement for a report on the lIP beds that must
be submitted to MDEQ by April 1, 2007.
Services during construction and preparation of record drawings to reflect addenda,
change orders and field modifications are included in this Scope of Work.
Drawings will be prepared using AutoCAD. Other assumptions are stated in the
individual Task definitions.
Task 100 - Project Management and Administration
Objective:
HDR/MMI will manage and control its professional services contract to provide
efficient completion of the Priority hnprovements project.
HDR/MMISubtasks:
Subtask TOT - Project Design and Construction Meetings
The HDR/MMI project manager will conduct two meetings with CITY staffto
review the project preliminary design and final design work products.
City Responsibilities:
. Timely review of submittals and coordination of all CITY review comments.
. Participation in PROJECT meetings.
. Prompt :processing and payment of invoices.
Dellverables:
. Budget and schedule for the PROJECT.
. Communication protocol, including a summary of scoped meetings for the
PROJECT.
. Invoices (3 copies and digital.pdffile).
. W orkshopfMeeting agendas and notes in bullet item format (3 copies and
digital .pdf copy of each agenda and meeting notes).
Early-Out Scope of Services
2 of 12
11/22/2006
Task 200 - Preliminary Design
ObJective:
HDRJMMI will complete a preliminary design evaluation for the identified early
action items and will submit a summary report for use in communicating interim
measures to be taken with MDEQ and other affected stakeholders. Specifically,
HDR/MMI will evaluate alternatives for chemical feed (alum or femc chloride)
with the CITY and formulate a recommended chemical treatment strategy. ill
addition, HDR/MMI will evaluate with the CITY alternatives available for chemical
storage and delivery method, including feed location and mixing.
HDR/MMI will work with the CITY to evaluate process options for installation of
interim biological nitrogen removal measures at the existing aeration basins.
including installation of submersible mixers and submersible mixed liquor pumping
systems. Specifically, location of the anoxic zone within the treatment process will
be evaluated and selected by HDRJMMI and the CITY.
HDR/MMI Subtasks:
Subtask 201 - Project Pre-Design Analysis
The engineering review effort will include engineering calculations, preliminary
process control, alternatives assessment and preliminary cost estimates. Each
priority improvement will be summarized by a short technical memorandum to be
included in the final early-out preliminary design report. The technical memoranda
will include the comments, ideas and decisions made by the team and reconunended
alternatives to be considered by the CITY.
Following completion of the above technical memoranda, the technical memos and
preliminary cost estimates will be forwarded to the CITY for review. Upon receipt
of comments from the CITY, HDR/MMI will complete the final preliminary design
report for use in implementation of the recommended improvements design.
Subtask 202- Early-Out Preliminary Design Report
Following completion of the preliminary design meeting, project element
memoranda and identified additional engineering studies, the memoranda will be
combined with an executive summary into a preliminary design report to be
submitted to MDEQ for final early-out project approval. Based upon the information
contained in the Early-Out Preliminary Design documents, HDR/MMI will advise
the CITY of any substantial changes in project scope that are anticipated to affect
Construction Costs. Additional information on project costs will be presented at this
time and the Probable Construction Costs will be updated as necessary to address
any identified changes in project scope.
Early-Out Scope of Services
3 of 12
11/22/2006
Subtask 203 - Quality Control
HDRIMMI will utilize the services of senior design personnel to conduct a detailed
review of the early-out preliminary design technical memoranda. TIris review will
focus on opportunities for cost savings, added value. improved operation and
constructability and will serve as a verification of the recommendations made by the
project team. A short memorandum summarizing quality control comments will be
prepared.
CIty ResponsIbIlItIes:
. Prompt review of Project Submittals and coordination of all CITY review
comments.
. Assist with establishing design criteria and project goals.
. Participate with Preliminary Design Meeting.
. Provide comments on Preliminary Design Report.
Deliverables:
. Preliminary Design Memoranda (6 DRAFT and 6 Final copies of each
memorandum including digital files in .pdfformat).
. Preliminary Design Memorandum (6 copies).
Task 300 - Design Services
Objective:
Complete project design documents for the.identified early-out project elements in
conformance with Montana DEQ Circular DEQ 2-Design Standards for Wastewater
Facilities. Prepare construction documents for bidding and construction of project
improvements. Prepare technical and contract documents necessary for the early-out
improvements project implementation.
Subtask 301 - Plans and SpecificatIons
HDRfMMI will only prepare schematic sketches. one-line diagram of electrical
requirements. and rough specifications with catalog cut sheets for the chemical feed
system addition. It is assumed that the chemical feed equipment will be housed in a
manufactured-type building and that manufacturer's standard drawings and
specification will be utilized. City operations staff will procure and install all
equipment. tanks. piping, and accessories with recommendations from HDRJMMI.
The City may also contract with. local contractors for electrical and concrete
installation. No formal bid package will be prepared for the chemical feed system
addition.
Early-Out scope of Services
4 of 12
11/22/2006
HDRIMMI will prepare detailed plans and specifications for the recommended
aeration basin nitrogen removal modifications. All drawings will be prepared in
AutoCAD and all specifications will be prepared using the sixteen-division format
of the Construction Specifications Institute. The design will incorporate
HDRIMMI's and the CITY's engineering and equipment standards to maintain
consistency and compatibility with the CITY's facilities.
The project specifications will be prepared using HDR's standard master
specifications, Engineer's Joint Council General Conditions and other Contract
Documents. The Engineer's Joint Council General Conditions are consistent with
the Montana State Standards for Public Works Facilities and will ensure more rapid
review from the State Department of Environmental Quality. The HDR master
specifications utilize the sixteen-division format of the Construction Specification
fustitute. Final plans and specifications will be prepared in accordance with
Montana Department of Environmental Quality guidelines and will meet the
requirements for Circular DEQ 2.
The design for the early-out Aeration Basin Priority Improvements project is
anticipated to include the following:
General
Title Page, Vicinity Maps & fudex
Standard Symbols and Abbreviations
Abbreviations and Legends
Electrical
Electrical Legend
One-line Diagram Site Plan and Details
Aeration Basin Process Power and
Facility Plans, Schedules
Architectural
None
Site/Civil
Site Location and Staging Plan
Structural
Aeration Basin Plans and Details
Mechanical
Instrumentation and Control
P&ID Legend
Aeration Basin Anoxic Zone P&ID
Control Panel Evaluations and Details
Subtask 302 - Design QA/QC Reviews
A formal design QA/QC review will be conducted at the 80 percent design point by
the identified Quality Assurance Team/Technical Advisors. At this time,
HDR/MMI will submit the design and seek input and comments from the CITY
staff. A checklist. in the form of a quality assurance log, will be prepared which
summarizes all comments and provides a running archive of the design team's
response to the comments.
Subtask 303 - MDEQ Meeting
Active coordination with regulators can spell tho difference betweon success and
failure of the project. Our approach is to involve the regulators early in the process
Early-Out Scope of Services
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and maintain focus on the minimum requirements needed to meet project objectives.
HDR/MMI will promote involvement, which will build consensus and avoid
surprises during critical review steps.
HDR/MMI will provide technical criteria, written descriptions and design data for
use in filing applications for permits with, or obtaining approvals of, government
authorities that have jurisdiction to approve the design of the project.
Subtask 304 - Estimate of probable Construction Cost
HDR/MMI will update the estimated project cost at the 50 percent and 100 percent
design point and will submit a final estimate of the anticipated construction cost
prior to the bid opening.
City Responsibilities:
. Deliver all available and requested as-built information.
. Assist with establishing project goals and design criteria.
. Provide comments on 80 percent design documents.
. Promptly review all submittals and coordinate all CITY review comments.
. Participate in design evaluation meetings and selection of final design
concepts.
. Procurement and construction of chemical feed facilities, including any
temporary building( s) planned.
Dellverables:
. Drawings (6 half-size copies of all preliminary submittals).
. Specifications (6 copies of all preliminary submittals).
. Cost estimate submittals at 50 and 100 percent design stages.
. Decision log.
Task 400 - Bidding Services
Objective:
Provide assistance to the CITY in completing project bidding and bid evaluation for
the aeration basin modifications project. Assist the CITY in award of construction
contract. The scope of services for project bidding assumes that a single
construction contract would be completed and executed for the Aeration Basin
Early-Out Priority hnprovements.
Early-Out Scope of Servicos
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HDR/MMI Subtasks:
Subtask 401- Printing/Plotting Plans and Specifications
HDRIMMI will provide for printing of contract documents for use in bidding the
construction contract as defined in Article 4.4 of the Professional Services
Agreement (PSA). Half-sized documents will be used exclusively during project
review and bidding to save costs. Full size will be made available after the project
bid. Actual number of document sets may vary dependent upon project
requirements. HDRIMMI will invoice the CITY for actual charges incurred for
printing.
For budgeting purposes, it is expected that six (6) copies of preliminary plans and
specifications will be produced for preliminary review at the 80 percent and final
design point. It is assumed that fifteen (15) sets of plans and specifications will be
produced for the final bid and permit acquisition point. HDRIMMI will develop a
separate document fee account during the bidding phase for fees collected from the
sale of document sets (non-refundable). HDR/MMI will utilize the document fee
collected to cover direct costs associated with docwnent distribution and
administration of the project. Actual cost for document printing and disposition will
be charged and document fees assessed to the perspective bidders will be
. reimbursed to the CITY.
Subtask 402 - Bid Advertisement
HDRIMMI will assist the CITY in advertising for and obtaining bids for materials,
equipment and services to be performed by a contractor for the construction
contract. It is envisioned that the Project will be bid as a single construction
contract. The CITY will pay for and arrange for the bid advertisement in the
newspaper( s).
Subtask 403 - Addenda and Bid Assistance
HDR/MMI shall receive and respond to contractor questions during the bid phase of
the contract. HDRIMMI will assemble addenda as appropriate to interpret, clarify
or expand the Contract Docwnents and will coordinate document distribution.
Subtask 404 - Pre-Bid Conference
HDRIMMI will prepare an agenda and conduct a pre-construction conference to be
attended by the CITY, interested Contractors, and HDRJMMI. The meeting will
include a presentation given by the HDR Project Manager, and a tour of the work
site.
Subtask 405 - Bid Opening, Tabulation and Contract Award
HDR/MMI will attend the bid opening, prepare bid tabulation sheets, and assist the
CITY in evaluating bids and awarding the construction contract.
EarlywOut Scope of Services
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11/22/2006
City Responsibilities:
. Complete, send out, and pay for bid advertisement.
. Send out notice of award.
Dellverables:
. Recommended bid advertisement.
. Addenda.
. Bid tabulation.
. Recommendation of award.
. Pre-bid conference meeting minutes.
. Provide for disposition of the bid documents and development of the formal
bidders listing.
. Complete notice of award.
. Drawings (fifteen (15) half-size copies of bid and permit acquisition
documents, five (5) copies of ful1-size after bidding).
. Specifications (:fifteen (15) copies of bid and permit acquisition documents).
. Final Contract Documents in AutoCAD format.
Task 500 - Construction Administration
Objective:
Assist the CITY in administering the construction of the Wastewater Treatment
Plant Aeration Basin Modifications Early-Out Priority hnprovements Project. The
scope of services for project construction services assumes that a single construction
contract would be completed and executed.
HDR/MMISubtasks:
Subtask 501 - Pre-construction Conference
HDR/MMI will prepare an agenda and administrate pre-construction conference to
be attended by the CITY, Contractors, appropriate subcontractors, and HDR/MMI's
Project and Construction Services Managers.
Subtask 502 - Construction Engineering
HDR/MMI will consult with and advise the CITY as set forth in the engineering
services contract. The CITY's instructions to the contractor will be issued through
HDRfMMI, who will have limited authority to act on behalf of the CITY to the
extent provided in EXHffiIT A of the Professional Services Agreement (PSA).
Early-Out Scope of Services
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Construction phase services will be provided for the work defined in subtask 500 as
defined in Article 4.5 of the Professional Services Agreement (PSA).
Subtask 503 - On-site Construction ObselVatlon
The CITY and HDR/MMI agree that HDRJM:MI will provide resident part-time
representation at the site. Part time, for the purposes of this scope of services, is
defined as two to four hours per day (one day per week) over a three-month time
period. HDR/MMI will provide the CITY Resident Project Representative(s) to
assist in carrying out such responsibilities at the site. The Resident Project
Representative is generally defined as having a representative on-site when
ENGINEER determines that significant work is in progress.
1. The Resident Project Representative is responsible to serve as the CITY and
engineer's liaison with the contractor. Responsibilities of the Resident
Project Representative will be limited to those defined in EXHIBIT B of the
Professional Services Agreement (PSA).
City Responsibilities:
. Complete the project Notice to Proceed.
. Attend pre-construction conference.
. Provide review of key identified shop drawings.
. ~xecute recommended progress payments.
. Execute recommended change orders.
. Attend construction meetings.
. Participate in development ofproject deficiency lists for project close-out.
. Execute final project payment and approval.
Deliverables:
. Submittal review comment letters responding to contractor submittals.
. Pre-construction conference meeting minutes.
. Construction meeting minutes.
. Field logs including daily reports for days when HDR/MMI is on-site.
. Responses to requests for information.
. Response to contract change proposals.
. Contract change orders.
. Deficiency punch lists.
Early-Out Scope of Services
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. Final recommendation for payment.
. As-built drawings.
Task 600 - Project Startup Assistance and Commissioning
Objectives:
In addition to the startup requirements of the construction contractor, HDR/MMI
will provide startup assistance to the CITY in final project commissioning of the
newly constructed facilities.
HDR/MMISubtasks:
Subtask 601 - Plant Facility Start-up and Operator Training
It is assumed that the City will provide for their own pre-startup training to
communicate to the plant operators tho following:
1. Knowledge of how the equipment and process fits into the overall plant
treatment goals and objectives.
2. An understanding of the design intent.
3. An appreciation for the design constraints within which the equipment must
function.
4. The ability to operate the equipment.
5. Equipment controls.
HDR/MMI will provide Standard Operating Procedures (SOPs) for the chemical
feed system addition and aeration basin modifications that will be implemented by
the project. HDR/MMI will assist the City operations staff in preparation oftheir
in-house training program using the SOPs developed.
1. Startup Coordination will also be provided to the CITY to provide
coordination between the contractor, the construction administration team
and the plant staff during startup of the new equipment. The startup of new
equipment will occur if, and only if, the equipment and ancillary subsystems
are ready to be placed into service.
City Responsibilities:
. Conduct the startup training session(s) using the SOPs developed by
HDR/MMI.
. Provide process operations as required for project startup.
Dellverables:
. Startup training materials.
Early-Out Scope of Services
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. Written operation procedures for project elements.
Task 700 - liP Bed Report for MDEQ
Objectives:
The City's NPDES disharge permit requires submission of a report to MDEQ by
April I, 2007. The report is to include the following components:
)0> hlstitutional controls and scheduling for use of the lIP cells
)0> Provisions for flow monitoring of effluent to and underdrain collected from
the lIP cells
);> Sampling and monitoring protocols for QA/QC for monitoring of wells
MW#I, MW#5, MW#6 and MW#7.
It is understood that the City has already commenced with continued monitoring for
wells MW#I, MW#5, MW#6 and MW#7. HDR/MMI meet with City staffto
discuss the controls and scheduling for using the lIP cells, as requested by MDEQ.
The existing flow monitoring system will be described and sampling and monitoring
protocols currently in progress by the City will be reviewed and any recommended
changes will be identified. A report that meets MDEQs description in the permit
will be prepared.
City Responsibilities:
. Prompt review of report and coordination of all CITY review comments.
. Assist with description of flow monitoring equipment
. Provide comments on Draft Report.
Dellverables:
. Preliminary Report (6 DRAFT and 6 Final copies of each memorandum
including digital files in .pdf format).
. Final Report.
Task 800 - HearIng AssIstance
Objectives:
To assist the City in the upcoming hearing before the Board of Environmental
Review on the discharge permit.
Early-Out Scope of Services
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HDR/MMISubtasks:
Subtask 801 - Hearing Assistance
This subtask outlines the technical assistance that may be provided to the CITY
within the planned hearing with MDEQ.
Assist the CITY in the Preparation of Hearing with MDEQ. Gather reference
materials and historical water quality data for use in evaluation of:MDEQ's methods
for establishing nutrient wasteload allocations. Prepare and present the CITY's
rebuttal, to the process :MDEQ has undertaken for the new CITY permit.
Meet with MDEQ Hearings Board. Participate in the presentation of the CITY's
position regarding new permit requirements.
Early-Out Scope of Services
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EXHIBIT C
CITY OF BOZEMAN, MONTANA
WASTEWATER TREATMENT PLANT PHASE 1 EXPANSION
EARLY-OUT PRIORITY IMPROVEMENTS
SCOPE OF SERVICES
I 'I I I I I I I
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200 Preliminary Design
1~~:I':~'II,:;Ir,',:I~J~~: L " I:' I 'I' I .':':I'~I ;11', II, '<'r,!~\~,,:,~'tl;/:~ ,I I I, <',II:J";;'
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, ,: I " . ~ ~ " I,; ", I,' " I ~ I' 11' . ". ,"... l;4 ~ I. I' ,I I Ii.' III
400 Bid Services
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600 Project Startup Assistance & Commissioning
'i;;~:;.':;i,.I:<:~",,'."I' " ~,:'" ' , " ,';" ~.':": . /t:~\::::F,;;:;~:~'(;;;.::~:.: '/;<';":!-::\;~:l.,:'::,::,,,::,(
800 Hearing Assistance
Project Goals
The objective of the early-out Priority Improvements Project (pROJECT) is to
enable the City of Bozeman (CITY) to comply with more stringent permit
compliance requirements for nutrients that will start on June 1,2007. The CITY has
also identified two additional critical project elements, fi> Bed Plan and permit
hearing assistance, which will require immediate assistance during the next few
months.
In order to enable the CITY to comply with the imminent permit changes for
nutrients, an early-out construction project is planned to enable the CITY to provide
phosphorus removal using chemical precipitation ahead of the primary treatment
process and nitrogen removal using biological processes with modifications to the
existing aeration basin complex.
Chemical addition using alum or ferric chloride will also provide some reduction in
organic loading to the aeration basins and activated sludge process. In addition to
chemical precipitation, the PROJECT will also implement changes at the aeration
basins by modifying existing sluice gates and central weirs and adding additional
Early-Out Scope of Services
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11/22/2006
wall opening mixers and mixed liquor transfer pump(s). The modifications will
enable the basins to be operated in plug flow mode with an anoxic zone for
biological nitrogen removal.
Recent permit changes by MDEQ have prompted a legal protest by the CITY
regarding the pennit process MDEQ has taken. This PROJECT includes additional
consultation services to assist the CITY with ongoing permit review. Services are
also included to address the permit requirement for a report on the lIP beds that must
be submitted to MDEQ by April 1, 2007.
Services during construction and preparation of record drawings to reflect addenda,
change orders and field modifications are included in this Scope of Work.
Drawings will be prepared using AutoCAD. Other assumptions are stated in the
individual Task definitions.
Task 100 - Project Management and Administration
ObJective:
HDR/MMI will manage and control its professional services contract to provide
efficient completion of the Priority Improvements project.
HDR/MMISubtasks:
Subtask 101 - Project Design and Construction Meetings
The HDRlMMI project manager will conduct two meetings with CITY staffto
review the project preliminary design and final design work products.
City Responsibilities:
. Timely review of submittals and coordination of all CITY review comments.
. Participation in PROJECT meetings.
. Prompt processing and payment of invoices.
Deliverables:
. Budget and schedule for the PROJECT.
. Communication protocol~ including a summary of scoped meetings for the
PROJECT.
. Invoices (3 copies and digital.pdffile).
. W orkshop/Meeting agendas and notes in bullet item fonnat (3 copies and
digital .pdf copy of each agenda and meeting notes).
Early-Out Scope of Services
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Task 200 - Preliminary Design
ObJective:
HDR/MMI will complete a preliminary design evaluation for the identified early
action items and will submit a summary report for use in communicating interim
measures to be taken with MDEQ and other affected stakeholders. Specifically,
HDR/MMI will evaluate alternatives for chemical feed (alum or feme cWoride)
with the CITY and formulate a recommended chemical treatment strategy. In
addition, HDRJMMI will evaluate with the CITY alternatives available for chemical
storage and delivery method, including feed location and mixing.
HDRJMMI will work with the CITY to evaluate process options for installation of
interim biological nitrogen removal measures at the existing aeration basins,
including installation of submersible mixers and submersible mixed liquor pumping
systems. Specifically, location of the anoxic zone within the treatment proces~ will
be evaluated and selected by HDRJMMI and the CITY.
HDR/MMISubtasks:
Subtask 201 - Project Pre-Design Analysis
The engineering review effort will include engineering calculations, preliminary
process control, alternatives assessment and preliminary cost estimates. Each
priority improvement will be summarized by a short technical memorandum to be
included in the final early-out preliminary design report. The technical memoranda
will include the comments, ideas and decisions made by the team and recommended
alternatives to be considered by the CITY.
Following completion of the above technical memoranda, the technical memos and
preliminary cost estimates will be forwarded to the CITY for review. Upon receipt
of comments from the CITY, HDRJMMI will complete the final preliminary design
report for use in implementation of the recommended improvements design.
Subtask 202- Early-Out Preliminary Design Report
Following completion of the preliminary design meeting, project element
memoranda and identified additional engineering studies, the memoranda will be
combined with an executive summary into a preliminary desigo. report to be
submitted to MDEQ for final early-out project approval. Based upon the information
contained in the Early-Out Preliminary Design documents, HDR/MMI will advise
the CITY of any substantial changes in project scope that are anticipated to affect
Construction Costs. Additional information on project costs will be presented at this
time and the Probable Construction Costs will be updated as necessary to address
any identified changes in project scope.
Early-Out Scope of Sorvices
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Subtask 203 - Quality Control
HDRlMMI will utilize the services of senior design personnel to conduct a detailed
review of the early-out preliminary design technical memoranda. This review will
focus on opportunities for cost savings, added value, improved operation and
constructability and will serve as a verification of the recommendations made by the
project team. A short memorandum summarizing quality control comments will be
prepared.
CIty ResponsibilitIes:
. Prompt review of Project Submittals and coordination of all CITY review
comments.
. Assist with establishing design criteria and project goals.
. Participate with Preliminary Design Meeting.
. Provide comments on Preliminary Design Report.
Dellverables:
. Preliminary Design Memoranda (6 DRAFr and 6 Final copies of each
memorandum including digital files in .pdf format).
. Preliminary Design Memorandum (6 copies).
Task 300 - Design Services
Objective:
Complete project design documents for the identified early-out project elements in
conformance with Montana DEQ Circular DEQ 2-Design Standards for Wastewater
Facilities. Prepare construction documents for bidding and construction of project
improvements. Prepare technical and contract documents necessary for the early-out
improvements project implementation.
Subtask 301 - Plans and Specifications
HDR/MMI will only prepare schematic sketches, one-line diagram of electrical
requirements, and rough specifications with catalog cut sheets for the chemical feed
system addition. It is assumed that the chemical feed equipment will be housed in a
manufactured-type building and that manufacturer's standard drawings and
specification will be utilized. City operations staffwill procure and install all
equipment, tanks, piping, and accessories with recommendations from HDRlMMI.
The City may also contract with local contractors for electrical and concrete
installation. No formal bid package will be prepared for the chemical feed system
addition.
Early.Out Scope of Services
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HDR/MMI will prepare detailed plans and specifications for the recommended
aeration basin nitrogen removal modifications. All drawings will be prepared in
AutoCAD and all specifications will be prepared using the sixteen-division format
of the Construction Specifications Institute. The design will incorporate
HDR/MMI's and the CITY's engineering and equipment standards to maintain
consistency and compatibility with the CITY's facilities.
The project specifications will be prepared using HDR's standard master
specifications, Engineer's Joint Council General Conditions and other Contract
Documents. The Engineer's Joint Council General Conditions are consistent with
the Montana State Standards for Public Works Facilities and will ensure more rapid'
review from the State Department of Environmental Quality. The HDR master
specifications utilize the sixteen-division format of the Construction Specification
Institute. Final plans and specifications will be prepared in accordance with
Montana Department of Environmental Quality guidelines and will meet the
requirements for Circular DEQ 2.
The design for the early-out Aeration Basin Priority Improvements project is
anticipated to include the following:
General
Title Page, Vicinity Maps & Index
Standard Symbols and Abbreviations
Abbreviations and Legends
Electrical
Electrical Legend
One-line Diagram Site Plan and Details
Aeration Basin Process Power and
Facility Plans, Schedules
Architectural
None
Site/Civil
Site Location and Staging Plan
Structural
Aeration Basin Plans and Details
Mechanical
Instrumentation and Control
P&ID Legend
Aeration Basin Anoxic Zone P&ID
Control Panel Evaluations and Details
Subtask 302 - Design QA/QC Reviews
A formal design QA/QC review will be conducted at the 80 percent design point by
the identified Quality Assurance Team!fechnical Advisors. At this time,
HDR/MMI will submit the design and seek input and comments from the CITY
staff. A checklist, in the form of a quality assurance log, will be prepared which
summarizes all comments and provides a rurming archive of the design team's
response to the comments.
Subtask 303 - MDEQ Meeting
Active coordination with regulators can spell the difference between success and
failure of the project. Our approach is to involve the regulators early in the process
Early-Out Scope of Services
5 of 12
11/22/2006
and maintain focus on the minimum requirements needed to meet project objectives.
HDR/MMI will promote involvement, which will build consensus and avoid
surprises during critical review steps.
HDR/MMI will provide technical criteria, written descriptions and design data for
use in filing applications for permits with, or obtaining approvals of. government
authorities that have jurisdiction to approve the design of the project.
Subtask 304 - Estimate of Probable ConstructIon Cost
HDR/MMI will update the estimated project cost at the 50 percent and 100 percent
design point and will submit a final estimate of the anticipated construction cost
prior to the bid opening.
City Responsibilities:
. Deliver all available and requested as-built information.
. Assist with establishing project goals and design criteria.
. Provide comments on 80 percent design documents.
. Promptly review all submittals and coordinate all CITY review comments.
. Participate in design evaluation meetings and selection of final design
concepts.
. Procurement and construction of chemical feed facilities, including any
temporary building(s) planned.
Deliverables:
. Drawings (6 half-size copies of all preliminary submittals).
. Specifications (6 copies of all preliminary submittals).
. Cost estimate submittals at 50 and 100 percent design stages.
. Decision log.
Task 400 - Bidding Services
Objective:
Provide assistance to the CITY in completing project bidding and bid evaluation for
the aeration basin modifications project. Assist the CITY in award of construction
contract. The scope of services for project bidding assumes that a single
construction contract would be completed and executed for the Aeration Basin
Early-Out Priority Improvements.
Early-Out Scope of Services
60f12
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HDR/MMISubtasks:
Subtask 401- Printing/Plotting Plans and Specifications
HDR/MMI will provide for printing of contract documents for use in bidding the
construction contract as defined in Article 4.4 of the Professional Services
Agreement (PSA). Half-sized documents will be used exclusively during project
review and bidding to save costs. Full size will be made available after the project
bid. Actual number of document sets may vary , dependent upon project
requirements. HDR/MMI will invoice the CITY for actual charges incurred for
printing.
For budgeting purposes, it is expected that six (6) copies of preliminary plans and
specifications will be produced for preliminary review at the 80 percent and final
design point. It is assumed that fifteen (15) sets of plans and specifications will be
produced for the final bid and permit acquisition point. HDRJM:MI will develop a
separate document fee account during the bidding phase for fees collected from the
sale of document sets (non-refundable). HDR/MMI will utilize the document fee
collected to cover direct costs associated with document distribution and
administration of the project. Actual cost for document printing and disposition will
be charged and document fees assessed to the perspective bidders will be
reimbursed to the CITY.
Subtask 402 - Bid Advertisement
HDR/MMI will assist the CITY in advertising for and obtaining bids for materials,
equipment and services to be performed by a contractor for the construction
contract. It is envisioned that the Project will be bid as a single construction
contract. The CITY will pay for and arrange for the bid advertisement in the
newspaper( s).
Subtask 403 - Addenda and Bid Assistance
HDR/MMI shall receive and respond to contractor questions during the bid phase of
the contract. HDR/MMI will assemble addenda as appropriate to interpret, clarify
or expand the Contract Documents and will coordinate document distribution.
Subtask 404 - Pre-Bid Conference
HDR/MMI will prepare an agenda and conduct a pre-construction conference to be
attended by the CITY, interested Contractors, and HDRJMMI. The meeting will
include a presentation given by the HDR Project Manager, and a tour of the work
site.
Subtask 405 - Bid Opening, Tabulation and Contract Award
HDR/MMI will 'attend the bid opening, prepare bid tabulation sheets, and assist the
CITY in evaluating bids and awarding the construction contract.
Early~Out Scope of Services
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City Responsibilities:
. Complete, send out, and pay for bid advertisement.
. Send out notice of award.
Dellverables:
. Recommended bid advertisement.
. Addenda.
. Bid tabulation.
. Recommendation of award.
. Pre-bid conference meeting minutes.
. Provide for disposition of the bid documents and development of the formal
bidders listing.
. Complete notice of award.
. Drawings (fifteen (15) half-size copies of bid and permit acquisition
documents, five (5) copies of full-size after bidding).
. Specifications (fifteen (15) copies of bid and permit acquisition documents).
. Final Contract Documents in AutoCAD format.
Task 500 - Construction Administration
Objective:
Assist the CITY in administering the construction of the Wastewater Treatment
Plant Aeration Basin Modifications Early-Out Priority Improvements Project. The
scope of services for project construction services assumes that a single construction
contract would be completed and executed.
HDR/MMISubtasks:
Subtask 501 - Pre-construction Conference
HDR/MMI will prepare an agenda and administrate pre-construction conference to
be attended by the CITY, Contractors, appropriate subcontractors, and HDR/MMI's
Project and Construction Services Managers.
Subtask 502 - Construction Engineering
HDR/MMI will consult with and advise the CTIY as set forth in the engineering
services contract. The CITY's instructions to the contractor will be issued through
HDR/MMI, who will have limited authority to act on behalf of the CITY to the
extent provided in EXHIBIT A ofthe Professional Services Agreement (PSA).
Ear1y~Out Scope of Services
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Construction phase services will be provided for the work defined in subtask 500 as
defmed in Article 4.5 of the Professional Services Agreement (PSA).
Subtask 503 - On-site Construction Observation
The CITY and HDR/MMI agree that HDR/MMI will provide resident part-time
representation at the site. Part time, for the purposes of this scope of services, is
defined as two to four hours per day (one day per week) over a three-month time
period. HDR/MMI will provide the CITY Resident Project Representative(s) to
assist in carrying out such responsibilities at the site. The Resident Project
Representative is generally defined as having a representative on-site when
ENGINEER determines that significant work is in progress.
1. The Resident Project Representative is responsible to serve as the CITY and
engineer's liaison with the contractor. Responsibilities of the Resident
Project Representative will be limited to those defined in EXHIBIT B of the
Professional Services Agreement (PSA).
City Responsibilities:
. Complete the project Notice to Proceed.
. Attend pre-construction conference.
. Provide review of key identified shop drawings.
. Execute recommended progress payments.
. Execute recommended change orders.
. Attend construction meetings.
. Participate in development of project deficiency lists for project close-out.
. Execute final project payment and approval.
Deliverables:
. Submittal review comment letters responding to contractor submittals.
. Pre-construction conference meeting minutes.
. Construction meeting minutes.
. Field logs including daily reports for days when HDR/MMI is on-site.
. Responses to requests for information.
. Response to contract change proposals.
. Contract change orders.
. Deficiency punch lists.
Early-Out Scope of Services
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. Final recommendation for payment.
. As-built drawings.
Task 600 - Project Startup Assistance and Commissioning
Objectives:
In addition to the startup requirements of the construction contractor, HDR/MMI
will provide startup assistance to the CITY in final project commissioning of the
newly constructed facilities.
HDR/MMISubtasks:
Subtask 601 - Plant Facility Start-up and Operator Training
It is assumed that the City will provide for their own pre-startup training to
communicate to the plant operators the following:
1. Knowledge of how the equipment and process fits into the overall plant
treatment goals and objectives.
2. An understanding of the design intent.
3. An appreciation for the design co;nstraints within which the equipment must
ftmction.
4. The ability to operate the equipment.
5. Equipment controls.
HDR.JM:MI will provide Standard Operating Procedures (SOPs) for the chemical
feed system addition and aeration basin modifications that will be implemented by
the project. HDRfMMI will assist the City operations staff in preparation of their
in-house training program using the SOPs developed.
1. Startup Coordination will also be provided to the CITY to provide
coordination between the contractor, the construction administration team
and the plant staff during startup of the new equipment. The startup of new
equipment will occur if, and only if, the equipment and ancillary subsystems
are ready to be placed into service.
City ResponsIbilities:
. Conduct the startup training session(s) using the SOPs developed by
HDR/MMI.
. Provide process operations as required for project startup.
Dellverables:
. Startup training materials.
Early.Out Scope of Servicos
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. Written operation procedures for project elements.
Task 700 - liP Bed Report for MDEQ
Objectives:
The City's NPDES disharge pennit requires submission of a report to MDEQ by
April I, 2007. The report is to include the following components:
);0- Institutional controls and scheduling for use of the lIP cells
);0- Provisions for flow monitoring of effluent to and underdrain collected from
the lIP cells
>> Sampling and monitoring protocols for QA/QC for monitoring of wells
MW#I, MW#5, MW#6 and MW#7.
It is understood that the City has already commenced with continued monitoring for
wells MW#I, MW#5, MW#6 and MW#7. HDR/MMI meet with City staffto
discuss the controls and scheduling for using the lIP cells, as requested by MDEQ.
The existing flow monitoring system will be described and sampling and monitoring
protocols currently in progress by the City will be reviewed and any recommended
changes will be identified. A report that meets MDEQs description in the pennit
will be prepared.
City Responsibilities:
. Prompt review of report and coordination of all CITY review comments.
. Assist with description of flow monitoring equipment
. Provide comments on Draft Report.
Deliverables:
· Preliminary Report (6 DRAFT and 6 Final copies of each memorandum
including digital files in .pdf format).
. Final Report.
Task 800 - Hearing Assistance
Objectives:
To assist the City in the upcoming hearing before the Board of Environmental
Review on the discharge pennit.
Early-Out Scope of Services
11 of 12
11/22/2006
HDR/MMISubtasks:
Subtask 801 - Hearing Assistance
This subtask outlines the technical assistance that may be provided to the CITY
within the planned hearing with MDEQ.
Assist the CITY in the Preparation of Hearing with MDEQ. Gather reference
materials and historical water quality data for use in evaluation ofMDEQ's methods
for establishing nutrient wasteload allocations. Prepare and present the CITY's
rebuttal to the process MDEQ has undertaken for the new CITY permit.
Meet with MDEQ Hearings Board. Participate in the presentation of the CITY's
position regarding new permit requirements.
Early-Out Scope of Services
12 of 12
11/22/2006
exhibit D
City of Bozeman Wastewater T1'8abnent Facility
Earty~ut Priority Improvements
Engineering Fee Estimate
Task Cost Summary
Expenses By
Task Task Description Direct Labor Task Ta.k Total
100 Project Management and Administration $ 2,620.80 $ 665.60 $ 3,286.40
200 Preliminary Design $ 23,788.80 $ 1,787.20 $ 25,576.00
300 Design Services $ 40,748.40 $ 3,466.20 $ 44,214.60
400 Bidding Services $ 8,347.50 $ 2,497.20 $ 10,844.70
500 Construction Management $ 18,112.50 $ 1,613.40 $ 19,725.90
600 Project' Startup Assistance and Commissioning $ 4,315.50 $ 139.40 $ 4,454.90
700 UP Bed Report for MDEQ $ 5,172.30 $ 280.40 $ 5,452.70
800 Hearing Assistance $ 8,353.BO $ 1 ,271.40 $ 9,625.20
Total Labor and Expenses Co.t by Ta.k $ 111,459.80 $ 11,720.80 $ 123,180.40
Expen.e Summary $ Expen...
Miscellaneous 350.00
Travel Expenses $ 3,020.00
MapplnglPhotoslSurveys $ 500.00
Printing and Photocopying $ 3,300.00
Telephone $ 500.00
Computers $ 4,050.80
Total Expen.e. $ 11,720.80
TOTAL ESTIMATED ENGINEERING SERVICES FEE $ 123,180.40
FlnalBozeman Eariy Out Budget 061117 .xls
Page 1 of 1
11/2212006
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T52 - T~ Support ~~I.-1Il P8Ul\
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TSlI- TeohnIoaI support PrIndpel o.v.l
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CHECKLIST
PROFESSIONAL SERVICES AGREEMENT
ARTICLE 1 ENGINEERING SERVICES
1.1 ".
No Change Chang"d Deleted
1.2 ~ange
Changed Dehte::!
ARTICLE 2 ENGINEER'S RESPONSIBILITIES
2.1 ~ange
Changed Dthted
2.2 ~enge
Changed Deleted
2.3 ~ange
Changed Deleted
2.4 ~ange
Changed Deht..d
2.5 ~ange
Changed Debt.d
2.6 dange
Changed Deleted
2.7 dnang"
Changed Debted
ARTICLE 3 OWNER'S RESPONSIBILITIES
3.1 ~ang"
Changed Deht"d
3.2 ~ange
Changed Deleted
3.3 ~"nge
Changed Deleted
3.4 ~"nge
Changed Deleted
..
3.5 ~ge Cha~ed -
Deleted
ARTICLE 4
BASIC ENGINEERING SERVICES
4.1
PRE-DESIGN INVESTIGATION PHASE
4.1.1
~
Deleted
~.
No Change
Changed
';1IIk
,,'i~~f.;.,
,~~(t...., J .&,
PrJ. ,,'" ~~
.' .
:"!...
;.. ~
4.1.7
~ng. Chang,c;l ~ Deleee:! lJo FJ'J\ JJ~
~lln9'e Changed - D~lll~lld
~ang. Chanilld - Dele:.:!
FIOCFianga Changlld - Delee.:!
~ange Changed - Delaeed
~ang. Changed'---- Deleeed
NO""""Cfi&nge Chanied - Delated
4.1.2
4.1.3
4.1.4
4.1.5
4.1 6
4.1.8
4.2 PRELIMINARY DESIGN PHASE
4.2.1 Ch.l.nilld$ -4~
FlOCIiange Delated f r~l r ~ 7- .s,..R ~'\
4.2 2 ~ange 1- lAA ~,J. 40 ~I,,'1.,~ (
Changed - Deleted
4.2.3 ~
'iro"Change Changed Deleted
4.2.3.1 -2s.
~ange Changed Deleted
4.2.3.2 ..,.. Gwrv.ed '..,
No Change- Changed
4.2.3.3 'lC &l,,:l,.lc
iiOChange Changed Delllted
4.2.3.4 i
Irclalange Changed Dllleted
4.2.3. & ~
NOCIi"anSle Changed Delated
4.2.4 1- tJe!. ~~ ~
~nge Changed Deleted
4:2.5 ~ ~ ~4.t. ,P ~~
~ange Changed Delated
4.2.6 Changed -.l:. t-.b tfJ-,Ltc l ~
~anSle Deleted
)< j
4.2.7
FlOCliange Chanied - Deleted
4.2.8. ~an5fe
Chllnged Deleted
4.2.9 K ~.,+- ~
Ffcl'i$'nge Chang'd Delated
~ 1
.~ '.
. .
..
4.3
FINAL DESIGN PHASE.
4.3.1
~.:\g~
CI'.~:\3~1 - t'~l..:~1
4.3.2
.....
rro-a;:a:lge
Chang ad ----- Delll~ed
4.3.3
..,..
~ang..
Changed - Deh:.e1
4.3.4
ROCFian'i!e
~
Changed -
Dele~ad
~fov.trL<.t ~ t~,1(+ '-
4.4 BIDDING OR NEGOTIATION PHASE
~ . -.Jlt.l (A~. ~
4.4.1 J;~k.V c
NO"CI\an..a Chan..ad Deleted
4.4.2 ~.ng"
Chan..ed - Deletad
4.4.3 Aan..e
Changad - Delllted
4.4.4 "
NOCFianSla Changed - Daleted
4.4.5 ~ange
Chan..ed - DlIletad
4.4.6 ~lInge
Chan'i!ed - Deletlld
4.5 CONSTRUCTION PHASE
4.5.1 ~
NOCllange Changed - Deleted
4.5.1.1 ~ Nq Chan..____
Chan..ecl Deleted
4.5.1.2 X ~ 5~k.'
ffOCFianga Changad Delated ., \".4tp
4.5.1.3 ~an..a
Chan....d - Deletad
4.5.1.4 ~an..a
Changed Dehted
01
4.5.1.5 ~ tJlt \o.RW\ !el
NOl$an..e Changed Deleted
4.5.1.6 ~nge
Changed Dehted
4.5.1.'1 ')Q
tlO'CFiang.. Chan....d Deleted
" >(-.
'-"- ,
4.5.1.8 ~ang. -
Clanged Deleted
4.5.1. !l ~ange
Changed Del~te:l
4.5.1.10 ..)L
No Change Changa::l Delated
45111 "')C
No Chang"--- Che,nged Ddeted
4.5.1.1~ 'r
N:;> change- Changed ~ed
4.5.1.13 Chang;--- Changed ~ad ~ ~,
No
4.5.~ ~ang.
Clanged . Delated
4.5.3 ~an!ile
Chan!iled - Deleted
4.6 FlOCFi:ange ~ D~'5 :Jal ,'..-UtI J ~{IfY'
Changed Dehted
4.7 ffclChange Changed .~ ~. -k-.+;"1 "-'1;\I/OI4-J
Deleted
ARTICLE 5 ADDITIONAL SERVICES
& .1.1 ~ange
Changed Deleted
5 .1.~ ~ange
Chanied - Deleted
5.1.3 ~ange
Changed Delated
15 .1.4 ~ange
Chan!iled Deleted
5.1. 5 ~.n!ile
Chan!iled Deleted
5.1.6 ~an!ile
Chenged Deleted
&.1. 7 X
~anlle Changed Del.t~, ~ ",I.'. -r ~
/ Cdt...; Sl6f..e
5.2 ~ange
Changed - Deleted
5.2.1 ~ange Changed -
Delated
15.2.2 ~ange
Changed Delated
5.2.3 ~
.' ,
,..~.< ";
..<~ .
. ,
. .
~;o Chaniel
Changed
5.2.4
Ange
Chanie" - Daleeed
Dele:t:!
,'.1 'LUMP SUM PAYMKNT POR DESIGN SIRVICZS AND BXPENSES OP ENGINEER
<' ',"COMPENSATION FOR ENGINEERING "SERVICE
"ARTICLE 6
6 .1.1 Aanga -
Changed Dele:,,::!
6.1.2 ~.nge )() foJ4 P r'/.:~.(,;, "
Ch.anged - Dal.eed
6.1. 3 ~an\le
Changed - Deleted
II .1.4 ~an'ile
Chang..d - Deleted
1.2 DIRECT LABOR COST PAYKENT POR aASICS.RVICI5 AND EXPENSES or ENGINEER
IS. 2.1
"
No Change
~anga
Changed
Changed
6 .2 .1.1
6.2.1.2
)c
~an'il.
Changed - Deleead
~ange Changed Delated
~
ROCE:ange Changed - Deleted
~ang. Changed - Deleted
Ans~ Changed De1eead
6.2.1.3
~
ROChan\le
Changed
'>0\
Changed
Changed ~
~ Changed
6.2.2
tlOChango
6.2.3
RO'Cllange
6.2.4
FlOChangt
ARTICLE 7
MEANING OF TERMS
7.1
7.2
7.3
7.4
ARTICLE 8
PAYMENT PROVISIONS
8.1
~.nge
Chllngad
8.2
~
Deleea:!
Dela:od
Deleeed
Peleee:!
tJo V'6t ".J~1,\u
Deleeed ~, 4,)h"1
D.leeed r~6 ~ &oJ ~ &P ~(J.
4\; ,jJ. >tr"'~), 0)2..
De1eee<1
..
., ....... ./r
~ ".\
~.I .
9.lS
ARTICLE 10
10.1
10.2
10.3
10.4
10.S
10.6
10.7
10.7.1
10.7.2
10.7.3
10.8
10.9
10.9.1
10.9.2
10.10
10.10.1
10.10.2
Aarlie
Changad
Deleta:!
ENGINEER'S STATUS DURING CONSTRUCTION
knga
N:-Changa
~anga
~ange
~anie
~anga
SHOP DRAWINGS. CHJl.NGEORDERS AND PAYMENT
~nga
~anga
~ange
~ange
DECISION ON DISPUTES
)Co.
No Changa
~anie
LIMITATIONS OF ENGINEER'S RESPONSIBILITIES
~nga
~nga
ARTICLE 11 DUTIES~ .
LIMITATIONS OF...
11.1
Ch..ngej Dah~e:!
Chanied Delete:!
Charlied - Deleted
Chengad - Dalata:l
Changed - De18t.d.
Charliad Deht4::l
Chanied Deleted
Chanied Deletad
Chan';jad - Daleted
Changed ~ Deleted
Ch..nged - Deleted
Changad Dalatad
Chan9ad - Daleted
Changed Deleted
RESPONSIBILITIES
AND
~ang:
~anga
11.2
OUTIES AND RESPONSIBILITIES OF RPR
11.2.1 '>--
Ito-ch.nga
Changed
r;;t;'E ad
ChanSJed.
Delated
Changed - D..lete::l
... ---_._----'-----'~
ft1,,""
r. '\.,.'~
- '";;('~,... ..
,>'" ^
11.2 2 ~.n'i-
Changed Deleted
11.2.3 LIAISON
11.2.3.1 )0
No chllng'- Cfi'ii\sj ed l5iIit ed
11.2.3.2 ~ Cha:lged ~_:1
No Cha:1g_
11.2.4 SHOi'ORAWINGS AND SAM>'LES
11.2.4.1 ~ Changed -~ed
No Change
11.2.4.2 Chang.)l- Changed ~ed
No
11.2.4.3 .!1L ~e:l
No Chllnge Delllted
11.2.5 REVIEW OF WORle, REJECTION OF DEFECTIVE WORle, INiOl'Ii:CTIONS AND TESTS
11.2.5.1 Chan9'~ -Cfiing"d fieTited
No
11.2.5.2 Chan'i~
No Changed oellleed
11.2.S.3 -A Cha:lged ollleted
No Change
11.2.5.4 -E- Changed
No Cha"..a 'fiiIi'E" ad
11.2.6 ~an..a Changed-
Deleted
11. 2.7 ~ange
Changed 011 1Il ted
I,"~ ~
11.2.8 RECORDS
11.2.'.1 -.K Cha:lged Dellltlld
No Chllngll
11.2.8.2 Chang~ Changed Deleted
No
11.2.8.3 . ~ CFiiriged l5;I";'E" "d
No Change
11.2.9 REPORTS
11.2.9.1 Chang.}k.- Changtld Deleted
No
11.2.9.2 Chang;$- Changtld DeIeted
NO
11.2.9.3 ~ Cha:J.gtld beheed
No Chan'i"
11.2.9.4 -L Cha:lged l5e'I'et ed
No Change
11.2.10 ~ange
Changed Delet",d
11.2.11 ~ange
Cha:lged Daleted
~
6-'
- c'. .r."-, :
',~ ~. -
-";i: Ift.-..
11.2.12 COMPLETION
11.2.12.1 ...'::L Changad &'Ii'E" II d
No CN\1ia
11.2.12.2 ....k.-
No Changll Changlld Deleted
11.2.12 3 ...)L Deleted
No Change Chang"d
11.2.12.4 chanSlef2-
No . Chang"d Deleted
11.3 LIMITATIONS OF AUTHORITY
11. 3.1 ~..nga
ChanSled .Deleted
11.3.2 ~ang"
Changad Deleted.
11.3,3 ~nga Changad. -
Deleted.
11.3,'4 ~anll~
Changed Deleted.
11. 3 5 ~an9a
Changad Deletad
11. 3.6 ~ange
Changed Da1atlld
11. 3.7 ..~anSle
Changed Dalatad
11.3.8 ~anSla Changac;! -
De;Letad.
."