9.f) Agreement with Bolton & Menk, Inc. for Services for the Uptown Wastewater System Improvements Meeting Date: 2/21/2012
Agenda Item: ,
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City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve an agreement with Bolton & Menk, Inc. for professional
services for the Uptown Wastewater System Improvements project.
Deadline/Timeline: Work should commence as soon as possible if construction is to occur
in 2012.
Background: • Bolton & Menk completed the Uptown Wastewater System
Master Plan in September of 2011. The plan identified a number
of improvements, which are included in the 2012 budget and are
required by the permit Washington County has issued for the
sewer system.
• The first step in the project will be the installation of run time
meters on pumps and replacement of the Warming House pump
tank controls. Wastewater must be sampled, and data collected
from the run-time meters daily for at least a two-month period,
before the plans can be prepared for the rest of the improvements.
It's important that the sampling occur this spring (typically the
wettest months of the year.)
• The scope of work in the proposed agreement includes all of the
improvements recommended in the master plan, except for several
items (converting the old maintenance shop drain to a holding
tank, and risers and secure access covers for tanks at the
Community Center, Warming House and Gammelgarden.) Those
items will be handled by City staff, and are not part of the project
that will be financed by the Uptown Sewer Fund.
• The fees for the work are itemized by task. The costs for Tasks 1,
2, and 3 would not exceed a total of$17,316. The cost for Task 4,
(construction phase services) is estimated at $5,200. The cost may
be reduced to the extent that city personnel are available to do
some or all of the construction observation.
• The City Attorney has reviewed the agreement, and changes have
been made as he requested. The consultants are still reviewing the
revised contract. Any final changes will be brought to the Council
meeting.
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02/17/12
Recommendation: Staff recommends approval of the agreement.
Attachments/ • Agreement for Professional Services
Materials provided: . Proposed Implementation Schedule, Uptown Wastewater System
Improvements
Contact(s): Brian Malm, P.E., Bolton & Menk, Inc.
(507) 625-4171 ext. 1264
Prepared by: Anne Hurlburt, Administrator
(Bolton and Menk agreement Uptown)
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02/17/12
AGREEMENT FOR PROFESSIONAL SERVICES
UPTOWN WASTEWATER SYSTEM IMPROVEMENTS
CITY OF SCANDIA
This Agreement, made effective the 21 S`day of February,2012 (the"Effective Date"),by and between the
CITY OF SCANDIA, a Minnesota municipal corporation, 1427 209`h Street North, Scandia Minnesota,
55073,hereinafter referred to as CLIENT, and BOLTON&MENK, INC., a Minnesota corporation, 2035
County Road D East, Suite B, Maplewood, Minnesota, 55109-5314, hereinafter referred to as
CONSULTANT.
WITNESS,whereas the CLIENT requires professional services in conjunction with the preparation of
plans and specifications and other matters for the proposed Uptown Wastewater System Improvements,
hereinafter referred to as the PROJECT,and whereas the CONSULTANT agrees to furnish the various
professional services required by the CLIENT with respect to the PROJECT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto,
it is agreed:
SECTION I-CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed
PROJECT as described in Exhibit I attached hereto and incorporated herein.
B. Upon mutual agreement of the parties hereto, Additional Services with respect to the PROJECT
may be authorized as described in Exhibit I to this Agreement or as described in Paragraph N.B of
this Agreement.
SECTION II-THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall compensate the CONSULTANT in accordance with and as provided in Section
III of this Agreement.
B. Subject to any restrictions imposed by the Minnesota Government Data Practices Act or the
proprietary rights of third parties, if any, hereinafter referred to as the"Disclosure Limitations",the
CLIENT shall place any and all previously acquired information in its custody at the disposal of the
CONSULTANT for its use. Subject to the Disclosure Limitations, such information shall include
but shall not be limited boundary surveys,topographic surveys,preliminary sketch plan layouts,
building plans, soil surveys, abstracts,deed descriptions,tile maps and layouts, aerial photos,utility
agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon
the accuracy and sufficiency of all such information in performing services unless otherwise
instructed, in writing,by CLIENT;provided that such reliance shall not create any liability on the
part of CLIENT for any inaccuracies or errors in any of such information not directly prepared by
CLIENT or its employees.
C. The CLIENT will provide reasonable access to and make all provisions for entry upon public
portions of the PROJECT and will take all reasonable actions deemed necessary and cost effective
to provide CONSULTANT access to and permitted entry on private portions of the PROJECT and
pertinent adjoining properties.
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D. As soon as reasonably possible,the CLIENT will give prompt notice to the CONSULTANT
whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed
PROJECT.
E. The CLIENT shall designate a liaison person to act as the CLIENT's representative with respect to
services to be rendered under this Agreement. Said representative shall have the authority to
transmit instructions,receive instructions, receive information, interpret and define the CLIENT's
policies with respect to the PROJECT and CONSULTANT's services. Said representative shall
have the right in his or her discretion to withhold such instructions or information in order to seek
direction from the governing body of the CLIENT.
F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance
counseling services as may be reasonably required for completion of the CONSULTANT services
described in this Agreement.
G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution
of the PROJECT.
SECTION III-COMPENSATION FOR SERVICES
A. FEES.
1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule
of fees for the time spent in performance of Agreement services.
2012 Schedule of Fees
Classification Hourly Rates
Sr.Project Manager- Sr. Principal Engineer/Surveyor $120-150/Hour
Sr.Project Manager-Principal Engineer/Surveyor $100-150
Project Manager(Inc. Landscape Architect) $100-145
Senior Planner $100-150
Project/Design Engineer/Planner/Landscape Architect $60-135
Licensed Surveyor $70-135
Project Surveyor $60-100
Specialist(Nat. Resources; GIS; Traffic; Graphics; Other) $70-120
Senior Technician(Inc. Survey') $70-145
Technician(Inc. Survey) $50-90
Administrative Support&Clerical $35-80
GPS/Robotic Survey Equipment NO CHARGE
CAD/Computer Usage NO CHARGE
Routine Office Supplies NO CHARGE
Routine Photo Copying/Reproduction NO CHARGE
Field Supplies/Survey Stakes&Equipment NO CHARGE
Mileage NO CHARGE
�No separate charges will be made for GPS or robotic total stations on Bolton&Menk,Inc. survey
assignments;the cost of this equipment is included in the rates for Survey Technicians.
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2. Total cost for the services itemized under Section I.A(Basic Fee) shall be as follows:
Task 1 (HourlyNot-to-Exceed).............................................................................$1,770.00
Task 2 (Hourly Not-to-Exceed).............................................................................$1,900.00
Task 3 (Hourly Not-to-Exceed)...........................................................................$13,646.00
Task 4(Hourly Estimated)...................................................................................$5,200.00'-
'- Assumes 8 hours of survey crew time, 30 hours or engineering technician time, and 15
hours of project manager time and in accordance with the provisions of this Subsection
B.
1. Unless CLIENT has questions regarding an invoice as provided in(2)below,the CLIENT shall
make monthly payments to the CONSULTANf within 30 days of receipt of an invoice based
on computations made in accordance with the above charges for services provided and
expenses incurred to date, accompanied by supporting evidence as required.
2. The CLIENT will pay the balance stated on the invoice in accordance with paragraph(1)above
unless the CLIENT notifies CONSLTLTANT in writing of the particular item that is alleged to
be incorrect within 15 days from receipt of an invoice, in which case, only the disputed item
will remain undue until resolved by the parties.
B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not
more often than monthly at the herein rates.
SECTION N-GENERAI,
A. STANDARD OF CARE
Professional services provided by CONSULTANT under this Agreement will be conducted in a
manner consistent with that level of care and skill ordinarily exercised by members of the
Consultant's profession currently practicing under similar conditions. Except for the foregoing,no
warranty, express or implied, is made by CONSULTANT hereunder,however,CONSULTANT
shall be liable to the full extent permitted under applicable law for any injuries,costs,loss or
damages proximately caused by CONSULTANT's breach of this standard of care.
B. CHANGE IN PROJECT SCOPE
In the event the CLIENT changes or is required to change the scope of the PROJECT from that
described in Section I and/or the applicable addendum, and such changes require Additional
Services by the CONSLTLTANT,the CONSIJLTANT shall be entitled to additional compensation
at the applicable hourly rates. The CONSLTLTANT shall give notice to the CLIENT of any
Additional Services,prior to furnishing such additional services. The CLIENT may request an
estimate of additional cost from the CONSULTANT, and upon receipt of the request,the
CONSLTLTANT shall furnish such estimate,prior to furnishing any of such Additional Services.
C. LIMITATION OF LIABILITY
1. CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents
and employees from any loss, claim, liability, and expense(including reasonable attorneys' fees
and expenses of litigation)arising from, or based in the whole,or in any part,on any negligent
act or omission by CONSULTANT's employees, agents, or subconsultants. In no event shall
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CONSULTANT be liable to CLIENT for consequential, incidental, indirect, special, or
punitive damages.
2. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from
any loss,claim, liability, and expense(including reasonable attorneys' fees and expenses of
litigation)arising from,or based in the whole,or in any part,on any negligent act or omission
by CLIENT'S employees, agents, or consultants. In no event shall CLIENT be liable to
CONSULTANT for consequential, incidental,indirect, special, or punitive damages or for
damages in excess of the limits provided under Minnesota Statutes Section 466.04.
D. INSURANCE
1. The CONSULTANT agrees to maintain,at the CONSULTANT'S expense, statutory worker's
compensation coverage.
2. The CONSULTANT also agrees to maintain, at CONSULTANT's expense, general liability
insurance coverage insuring CONSULTANT against claims for bodily injury, death or property
damage arising out of CONSULTANT's general business activities(including automobile use).
The liability insurance policy shall provide coverage for each occurrence in the minimum
amount of$1,000,000 and in the aggregate in the minimum amount of$3,000,000.
3. During the period of design and construction of the PROJECT,the CONSULTANT also agrees
to maintain, at CONSULTANT's expense,Professional Liability Insurance coverage insuring
CONSULTANT against damages for legal liability arising from an error, omission or negligent
act in the performance of professional services required by this Agreement. The professional
liability insurance policy shall provide coverage for each occurrence in the amount of
$1,000,000 and annual aggregate of$3,000,000 on a claims-made basis.
4. CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of
required coverages and requiring that CLIENT be notified in writing of any proposed lapse or
cancellation of such required coverage.
E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST
Where provided by the CONSULTANT as part of E�chibit I or otherwise,opinions or estimates of
construction cost will generally be based upon public construction cost information. Since the
CONSULTANT has no control over the cost of labor,materials,competitive bidding process,
weather conditions and other factors affecting the cost of construction, all cost estimates are
opinions for general information of the CLIENT and the CONSULTANT does not warrant or
guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that
costs for project financing should be based upon contracted construction costs with appropriate
contingencies.
F. CONSTRUCTION SERVICES
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means,
methods,techniques, schedules or procedures of construction selected by the contractor or the
safety precautions or programs incident to the work of the contractor.
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G. USE OF ELECTRONIC/DIGITAL DATA
Because of the potential instability of electronic/digital data and susceptibility to unauthorized
changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies
(also known as hard copies)that are signed or sealed by CONSLILTANT. Except for
electronic/digital data which is specifically identified as a project deliverable by this
AGREEMENT or except as otherwise explicitly provided in this AGREEMENT,all
electronic/digital data developed by the CONSULTANT as part of the PROJECT is acknowledged
to be an internal working document for the CONSULTANT's purposes solely and any such
information provided to the CLIENT shall be on an"AS IS"basis strictly for the convenience of
the CLIENT without any warranties of any kind. As such,the CLIENT is advised and
acknowledges that use of such information may require substantial modification and independent
verification by the CLIENT(or its designees). Any such information specifically required to be
provided to CLIENT by this Agreement shall be warranted as provided in this Agreement.
Provision of electronic/digital data, whether required by this Agreement or provided as a
convenience to the Client, does not include any license of software or other systems necessary to
read,use or reproduce the information. It is the responsibility of the CLIENT to verify
compatibility with its system and long-term stability of inedia. CLIENT shall indemnify and hold
harmless CONSULTANT and its subconsultants from all claims, damages, losses, and expenses,
including attorneys'fees arising out of or resulting from third party use or any adaptation or
distribution of electronic/digital data provided under this AGREEMENT, unless such third party
use and adaptation or distribution is explicitly authorized by this AGREEMENT. Any information
provided to CLIENT by CONSiJLTANT, whether required by this Agreement or as a convenience
to CLIENT may be used by CLIENT for any purpose it deems appropriate.
H. REUSE OF DOCUMENTS
Without limiting the generality of the last sentence of Section G above, drawings and Specifications
and all other documents(including electronic and digital versions of any documents)prepared or
furnished by CONSiJLTANT pursuant to this AGREEMENT are instruments of service in respect
to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all
fees owed to the CONSULTANT,the CLIENT shall acquire an ownership interest in all identified
deliverables, including Plans and Specifications, for any reasonable use relative to the PROJECT,
general operations of the CLIENT or any other purpose deemed appropriate by the CLIENT.
CLIENT may make and disseminate copies for information and reference in connection with the
use and maintenance of the Project by the CLIENT or as otherwise consistent with the foregoing
sentence. However, such documents are not intended or represented to be suitable for reuse by
CLIENT or others on extensions of the Project or on any other project and any reuse other than that
specifically intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or
legal exposure to CONSULTANT.
I. CONFIDENTIALITY
CONSiJLTANT agrees to keep confidential and not to disclose to any person or entity,other than
CONSULTANT'S employees and subconsultants any information obtained from CLIENT not
previously in the public domain or not otherwise previously known to or generated by
CONSULTANT. CONSULTANT further agrees to require such employees and subconsultants to
maintain the confidential nature of such information. These provisions shall not apply to
information in whatever form that comes into the public domain through no fault of
CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to
keep such information confidential; or is information for which the CONSULTANT is required to
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provide by law or authority with proper jurisdiction; or is information upon which the
CONSULTANT must rely for defense of any claim or legal action.
J. PERIOD OF AGREEMENT
Unless terminated in accordance with the provisions of Section L below,this Agreement will
remain in effect for the longer o£ (1)two(2)years from the date hereof or(2) such other explicitly
identified completion period agreed upon in writing by the parties and in either case, after which
time the Agreement may be extended upon mutual agreement of both parties.
K. PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses as and when
required by this Agreement,then thirty days after CLIENT's receipt of written notice of such failure
from CONSIJLTANT, a service charge of one and one-half percent(1.5%)per month or the
maximum rate permitted by law,whichever is less,will be charged on any unpaid balance. In
addition after giving seven days'written notice to CLIENT,CONSULTANT may,without waiving
any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT,
suspend services and withhold project deliverables due under this Agreement until CONSLTLTANT
has been paid in full all amounts due for services, expenses and charges. The foregoing provisions
shall not apply to any bills as to which CLIENT disputes the reasonableness or amount thereof
which the parties agree to submit to the provisions of paragraph IV. P of this Agreement.
L. TERMINATION
1. This Agreement may be terminated by CLIENT upon(7)days written notice.
2. In the event of termination,the CLIENT shall be obligated to the CONSULTANT for payment
of amounts due and owing under this Agreement including payment for services performed or
furnished to the date and time of termination, computed in accordance with Section III of this
Agreement and otherwise subject to this Agreement.
M. CONTINGENT FEE
The CONSUI,TAN`T warrants that it has not employed or retained any company or person,other
than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract,
and that it has not paid or agreed to pay any company or person,other than a bona fide employee,
any fee,commission,percentage,brokerage fee,gift or any other consideration, contingent upon or
resulting from award or making of this Agreement.
N. NON-DISCRIMINATION
1. The provisions of any applicable law or ordinance relating to civil rights and discrimination
shall be considered part of this Agreement as if fully set forth herein.
2. The CONSiTLTANT is an Equal Opportunity Employer and it is the policy of the
CONSULTANT that all employees,persons seeking employment, subcontractors,
subconsultants and vendors are treated without regard to their race,religion, sex,color,national
origin,disability, age, sexual orientation, marital status,public assistance status or any other
characteristic protected by federal, state or local law.
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O. CONTROLLING LAW
This Agreement is to be governed by and consistent in accordance with the laws of the State of
Minnesota.
P. DISPUTE RESOLUTION
CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a
period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution
or exercising their rights under law. Any claims or disputes unresolved after good faith
negotiations shall first be submitted to mediation utilizing the Minnesota District Court Rule 114
Roster. Disputes not resolved by mediation shall then be submitted to final and binding arbitration
by a single arbitrator selected and acting in accordance with provisions of the Constnzction Industry
Arbitration Rules of the American Arbitration Association. CONSULTANT and CLIENT shall
each pay one-half(1/2)of the fees for such arbitrator. CONSULTANT and the CLIENT agree to
require an equivalent dispute resolution process governing all contractors, sub-contractors,
suppliers, consultants, and fabricators concerned with this project.
Q. SURVIVAL
All obligations,representations and provisions made in or given in Section N of this Agreement
will survive the completion of all services of the CONSULTANT under this Agreement or the
termination of this Agreement for any reason.
R. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and
binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
SECTION V-SIGNATURES
THIS INSTRIJMENT embodies the whole agreement of the parties, there being no promises,terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement may
only be amended, supplemented, modified or canceled by a duly executed written instrument signed by
both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf.
CLIENT: City of Scandia CONSULTANT: Bolton&Menk,Inc.
By: By:
Randall Simonson,Mayor
Its:
By:
Anne Hurlburt,City Administrator
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EXHIBIT I
TO
AGREEMENT FOR PROFESSIONAL SERVICES
I.A. BASIC SERVICES
For purposes of this specific PROJECT, Basic Services to be provided by the CONSULTANT to
the CLIENT are as follows:
Task 1 —Run Time Meter and Control Improvements
A. The CONSULTANT will prepare specifications for and assist CLIENT in obtaining quotes for:
(1)the installation of dual nzn time meters in the existing control panels for the Uptown Pump
Tank and the Community Center Pump Tank, and(2)the replacement of the controls for the
Warming House Pump Tank.
Task 2—Wastewater Sampling and Flow Data Analysis
A. The CONSULTANT will collect wastewater samples, submit them to a testing lab for analysis
and summarize the sampling data for use in the design of the proposed PROJECT. The
CONSULTANT will also analyze run time meter data from existing and newly installed run time
meters at the Uptown Pump Tank, Community Center Pump Tank, Warming House Pump Tank,
and Gammelgarden Pump Tank,to determine actual flow rates to the existing drainfield for use in
the design of the proposed PROJECT. The CLIENT will record daily readings for the run time
meters at all four locations and submit them to the CONSULTANT in an electronic spreadsheet
format developed by CONSULTANT and approved by CLIENT.
Task 3—Preparation of Plans and Specitications for PROJECT
A. The CONSiJLTANT will prepare plans and specifications for approval by CLIENT and suitable
for obtaining competitive bids for the proposed PROJECT, as described in the Uptown
Wastewater System Master Plan, September 2011. The proposed PROJECT includes:
1. Equalization Tank and Aerobic Pre-Treatment Unit at the Drainfield
2. New Uptown Pump Tank
B. The CONSULTANT will prepare for CLIENT's approval the contracts, subcontracts and
documents referenced therein for the construction of the PROJECT containing such terms and
conditions as are consistent with the Agreement and reasonably acceptable to CLIENT.
C. The CONSULTANT will assist the CLIENT in the preparation of advertisement for bids and
submittal to the local newspaper and other required publications; secure affidavits of publication
[Is something missing here?]
D. The CONSULTANT will Post advertisement for bids on the CONSULTANT's website.
E. Upon request by prospective bidders, subcontractors or suppliers,the CONSULTANT will
distribute copies of the contract/bidding documents referenced in A through C above—hard copy,
electronic documents or both. A nominal fee may be charged for bidding documents.
F. The CONSULTANT will maintain and update the plan holders list throughout bidding period.
G. The CONSULTANT will address questions from prospective bidders, subcontractors and
suppliers, and prepare and issue addenda in form and content acceptable to CLIENT as required.
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H. If requested by the CLIENT,the CONSULTANT will conduct a pre-bid meeting for prospective
bidders, subcontractors or suppliers.
I. The CONSULTANT will assist the CLIENT with the public opening and reading of the bids.
J. The CONSITLTANT will review bids and prepare bid tabulation and abstract of all bid items.
K. The CONSULTANT will assist the CLIENT's staff in preparing recommendation for CLIENT
City Council regarding the award of the bid or bids for the PROJECT. The CONSiJLTANT will
attend CLIENT City Council meeting to answer any questions regarding the recommendation.
Task 4—Construction Phase Services
A. Construction Stakin�: The CONSULTANT will perform construction staking for the PROJECT,
furnish necessary equipment and supplies to establish grade and line as necessary for the
Contractor's guidance in construction of the PROJECT and in accordance with the contract
documents for the PROJECT.
B. Construction Observation: The CONSULTANT will provide one part-time on-site representative
during the construction of the PROJECT. Services of such representative consist of the following:
1. Attend preconstruction conference.
2. Schedule and coordinate constnzction staking.
3. Assist the project engineer with the preparation,review and approval of partial and final
pay requests.
4. Meet with affected property owners, as required,to answer specific questions or to
address construction or design related concerns.The resident PROJECT representative
will be the primary contact person for property owners for addressing construction related
concerns and issues.
5. Serve as the CONSULTANT's liaison with contractor and subcontractors,working
principally through contractor's superintendent and assist in understanding the intent of
the Contract Documents.
6. Assist PROJECT engineer in serving as CLIENT's liaison with contractor and
subcontractors.
7. Assist in obtaining additional details or information from the CLIENT, when required for
proper execution of the work.
8. Review of work,rejection of defective work, inspections and tests.
9. Report to PROJECT engineer when clarifications and interpretations of the contract
documents are needed and transmit to contractor and subcontractors clarifications and
interpretations as issued by the PROJECT engineer
10. Modifications: Consider and evaluate contractor's and subcontractors' suggestions for
modifications in drawings or specifications and report to PROJECT engineer. Transmit to
contractor decisions as issued by PROJECT engineer.
11. Maintain adequate and detailed construction records, including construction
correspondence; construction diary; record and documentation of quantities; record of
measurements,ties, sketches or other documentation of buried construction items and
underground utilities; photographic and video record during construction; materials
testing reports and documentation
12. On-site construction representative services do not constitute acceptance or approval of
the Contractor's work nor do they relieve any part of the contractor's responsibility under
the construction documents.
C. Construction Administration:
1. The CONSULTANT will prepare required contract documents, with the assistance of the
CLIENT's attorney and staff, after award of contract.
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2. The CONSULTANT will convene and preside over the preconstruction conference to be
attended by the CLIENT's representative, Contractors, subcontractors and any affected
utility companies.
3. The CONSULTANT will provide supervision and support to resident project
representatives.
4. The CONSULTANT will prepare change orders and written directives if necessary.
5. The CONSULTANT will review, for conformance with design concept only, any shop
drawings required to be furnished by the Contractor or subcontractors.
6. The CONSULTANT will review any material lists, suppliers lists or other submittals
required to be furnished by the Contractor or subcontractors.
7. The CONSULTANT will make visits to the site at intervals appropriate for the various
stages of construction, observe the progress and quality of the executed work of the
Contractor and subcontractors, and determine, in general, if such work is proceeding in
accordance with the contract documents.
8. The CONSULTANT will meet with affected property owners and business owners as
required to answer specific questions or to address construction or design related
concerns.
9. The CONSULTANT will obtain additional information or clarifications from the
CLIENT when required for the proper execution of the work required by the PROJECT.
10. The CONSULTANT and its representatives will not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by the Contractor
or subcontractors or the safety precautions or programs incident to the work of the
Contractor or subcontractors.
11. The CONSUI.,TANT will review and make a recommendation on the Contractor's request
for partial payments. Such review will be based upon the CONSULTANT'S on-site
observations and such written documentation as may be available to the CONSITLTANT
at the time of review. Such review will not include verification of unit price contract
quantities by physical measurement of individual work items.
D. Construction Closeout and Record Drawin�s:
1. The CONSULTANT, CLIENT's representative and contractor will conduct an inspection
of the PROJECT for conformance with contract documents.
2. The CONSULTANT will develop an itemization of construction issues to be corrected or
resolved(punchlist).
3. The CONSULTANT will monitor the completion of the punchlist items an itemization of
construction issues to be corrected or resolved.
4. The CONSULTANT, CLIENT's representative and contractor will conduct a final
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inspection of the PROJECT to verify that the punchlist items have been addressed to the
satisfaction of the CLIENT.
5. The CONSULTANT will prepare a final pay estimate and submit to the Contractor for
review and approval.
6. The CONSULTANT will assist in securing all required documentation required from the
Contractor for final payment.
7. The CONSULTANT will prepare record drawings reflecting constructed conditions from
information observed by the CONSULTANT or supplied by others and furnish one
reproducible copy and one electronic copy of the plans to the CLIENT following
completion of construction.
LB. ADDITIONAL SERVICES
Engineering services performed other than those authorized under Section I.A above shall be considered
not part of the Basic Services and may be authorized by the CLIENT in writing as Additional Services.
Additional Services consist of those services that are not generally considered to be Basic Services or are
not definable prior to the commencement of the PROJECT or vary depending on the technique,
procedures or schedule of the PROJECT contractor. Additional services may consist of the following:
A. PROPERTY OR RIGHT OF WAY ACQUISITION SERVICES. Includes property or right of
way acquisition services, including: Preparation of easement agreements,preparation of right-of-
way plats, assistance with eminent domain proceedings,court preparation and testimony.
B. REMONiIMENTATION. Replacing lost or obliterated government survey corners or property
corners along the PROJECT route.
C. GEOTECHNICAL AND MATERIAL TESTING SERVICES. Geotechnical services and
material testing services, including borings, other subsurface investigations, and material testing
for quality control
D. ENVIRONMENTAL SERVICES. Environmental services associated with asbestos
investigations and mitigation, hazardous materials leaks, wastewater sampling, and contaminated
soils.
E. All other services not specifically identified in Section I.A above.
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