HomeMy WebLinkAboutAMENT - Adaptive Signals/Fiber Optic - 5/29/2018Please return this copy to:
City Clerk & finance Dept.
715 Mulberry St.
Waterloo, IA 50703
Contract No. G0294.R0696
Owner Project No. TOF-241
Iowa DOT Project No. STP -A-8155(743)-86-07
Standard Consultant Contract
For Local Public Agency Consultant Contracts with Federal -aid Participation
This SUPPLEMENTAL AGREEMENT #1 (amending the original agreement dated July 25, 2017), made as of the
date of the last party's signature below, is by and
BETWEEN City of Waterloo, Iowa, the Owner, located at:
City of Waterloo, Iowa
City Hall
715 Mulberry Street
Waterloo, IA 50703
Phone: (319) 291-4440
FAX: (319) 291-4094
and Ament Design, the Consultant, located at:
625 32nd Avenue SW
Cedar Rapids, IA 52404
Phone: (319) 378-1401
FAX: (319) 378-1975
For the following Project: Construction Phase Services for the Traffic Adaptive Signals and Fiber Optic
Communications Upgrade, also known as: Traffic Adaptive System: on San Marnan Drive – from Hammond
Avenue to U.S. 218; and on U.S. 218 – from Mitchell Avenue to 11th Street Traffic; and Traffic Communications
Infrastructure Upgrade to Fiber Optics: on San Marnan Drive – from Kimball Avenue to U.S. 218, then continuing
on U.S. 218 to West 5th Street, then continuing on West 5th Street to Kimball Avenue, then continuing on Kimball
Avenue back to San Marnan Drive.
The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa
Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of
Transportation (when applicable).
The Owner desires to employ the Consultant to provide construction observation and construction administration
services to assist with the development and completion of the Project. The Consultant is willing to perform these
services in accordance with the terms of this Agreement.
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TABLE OF CONTENTS
Article Number And Description
1 Initial Information
1.1 Project Parameters
1.2 Financial Parameters
1.3 Project Team
1.4 Time Parameters
1.5 Minimum Qualification Standards
3 Form of Compensation
3.1 Method of Reimbursement for the Consultant
3.2 Subconsultant's Responsibilities for Reimbursement
4 Terms and Conditions
4.12 Termination of Agreement
Attachment A - Scope of Services
Attachment B - Specifications
Attachment C - Fees and Payments
Attachment C-1 — Cost Analysis Worksheet
Attachment G - Sample Invoice Form
Attachment H - Consultant Fee Proposal
Attachment I - Subconsultant Scope and Budget
Attachment J - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative
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ARTICLE 1 INITIAL INFORMATION
This Agreement is based on the following information and assumptions.
1.1 Project Parameters
The objective or use is: Perform construction -related services (construction administration, construction
observation, and testing) in connection with the construction of the proposed improvements indicated in
the final plans, specifications, and estimates developed under the Base Agreement.
1.2 Financial Parameters
1.2.1 Amount of the Owner's budget for the Consultant's compensation is:
$65,100.00
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
$6,580.00
1.3 Project Team
1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is.-
Jeff
s:Jeff Bales, P.E. —Associate Engineer, City Engineering Department
The Contract Administrator is the authorized representative, acting as liaison officer for the
Ownerfor purpose of coordinating and administering the work under the Agreement. The work
under this Agreement shall at all times be subject to the general supervision and direction of the
Contract Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
Michael G. Dryden, P.E.
1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table:
Subconsultant Amount Authorized Maximum Amount Payable Method of Payment
Communications $6,038.00 $6,580.00 Fixed Overhead Rate
Engineering
Company
1.4 Time Parameters
1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to
proceed from the Owner.
1.4.2 Milestones for completion of the work under this Agreement as follows:
Construction -related services shall be completed and accepted on or before September 28, 2018 or
ninety (90) calendar days after the Project Contractor has submitted all required documentation to the
Consultant (whichever is greater). The schedule is based on the Project Contractor starting Project
construction no later than May 29, 2018 and utilizing a maximum of fifty-five (55) working days to
substantially complete Project construction.
1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by
the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such
notice, the Owner will provide the Consultant notice to proceed with final design activities.
1.5 Minimum Qualification Standards (MQS)
1.5.1 The Consultant and their subconsultants are required to meet the Minimum Qualifications
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Standards (MQS) requirements of specified work categories as defined in the Iowa DOT's Policy and
Procedure Manual (PPM), Policy No. 300.04, at the time of contract execution, and for the duration of the
contract. Work under this contract will require the consultant team to meet the requirements of Work
Category Traffic Operations Design, Traffic Operations Studies, Intelligent Transportation Systems.
Failure to meet the requirements during the contract will result in cancellation of any remaining portion of
the contract.
1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant who
meets the MQS of the specified work categories as defined Iowa DOT PPM 300.04. If no work category
exists for a particular service, normal methods of acceptance shall be used, such as experience, typical
licensure, certification or registration, or seals of approval by others.
ARTICLE 2 Refer to the Original Agreement
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement for the Consultant.
3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following
compensation methods, as defined in Attachment C:
.1 [ ] Cost Plus Fixed Fee - Attachment C
.2 [ ] Lump Sum - Attachment C
.3 [ ] Specific Rate of Compensation - Attachment C
.4 [ ] Unit Price - Attachment C
.5 [ X ] Fixed Overhead Rate - Attachment C
3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with
one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method
of payment utilized in the subconsultant(s) contract. The compensation method utilized for each
subconsultant shall be defined within the subconsultant contract to the Consultant.
3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant shall require the
subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their
estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated
actual costs without prior written approval of the Contract Administrator. The prime Consultant is
cautioned that cost under -runs associated with any subconsultant's contract are not available for use by
the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA
(when applicable) have given prior written approval.
ARTICLE 4 TERMS AND CONDITIONS
4.1-4.11 Refer to the Original Agreement
4.12 Termination of Agreement
4.12.1 The right is reserved by the Owner to terminate this Agreement at anytime and for any reason
upon not less than thirty (30) days written notice to the Consultant.
4.12.2 In the event the Agreement is terminated by the Ownerwithout fault on the part of the
Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services
rendered and delivered up to the effective date or time of termination. The value of the work performed
and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the
Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee,
plus actual costs, as identified in Attachment C. Actual costs to be reimbursed shall be determined by
audit of such costs to the date established by the Contract Administrator in the termination notice,
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except that actual costs to be reimbursed shall not exceed the Maximum Amount Payable.
4.12.3 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the
Consultant shall be paid only for work satisfactorily performed and delivered to the Contract
Administrator up to the date established by the termination notice. After audit of the Consultant's actual
costs to the date established by the Contract Administrator in the termination notice and after
determination by the Contract Administrator of the amount of work satisfactorily performed, the
Contract Administrator shall determine the amount to be paid to the Consultant.
4.12.4 This Agreement will be considered completed when the scope of the project has progressed
sufficiently to make it clear that construction can be completed without further revisions in that work, or if
the Consultant is released prior to such time by written notice from the Contract Administrator.
4.13-4.19 Refer to the Original Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below.
AMENT DESIGN
Michael G. Dryden, PE
Secretary/Treasurer
ATTEST:
i
By
CITY OF WATERLOO, IOWA
By
Quentin M. Hart
Mayor
Date: J / y - /'?
Date:
Date: Sf 2-q 1, �
IOWA DEPARTMENT OF TRANSPORTATION
Accepted for FHWA Authorization*
BY Date: _6-,27- ;20lg
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* The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
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ATTACHMENT A
Scope of Services
It is understood by the Owner and the Consultant that the level and frequency of Progress Reporting shall be
mutually established for each project, taking into account the complexity and duration of the work to be performed.
For this specific project it is agreed that progress reporting will be provided on a monthly basis.
It is understood by the Owner and the Consultant that the task detail associated with the 85% budget notification
shall be mutually established for each project in relation to the complexity and duration of the work to be
performed. For this specific project it is agreed that all work contemplated in the agreement will be considered as
one task(s). It is further agreed that the 85% budget notification requirements will be required for this Agreement
based on the volume of work assigned, duration, complexity, and rate of progress anticipated on the project.
The Consultantwill monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$), Road
Design Manual, Standard Road Plans, Road Design Details. Updates requiring no additional effort on the part of
the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion
additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with
Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to
incorporate said update into the work and indicate how payment for such work will be addressed.
Scope of Services
The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted
standards of practice and shall include the services and supplies to perform tasks listed below.
Project Management - Project Management will involve managing the scope, schedule, and budget for the
Project. It will involve overseeing and directing the members of the Project Team including ENGINEER's staff
and ENGINEER's Consultants. It will include ongoing communications with the OWNER (correspondence,
phone calls, etc.) and the preparation and submittal of monthly invoices to the OWNER for reimbursement of
costs and fees.
A. Track Project Schedule — This task involves tracking the project schedule throughout the length of the
construction -related services phase. This will be done to determine if the performance of the
construction -related services is in conformance with the project schedule.
This task includes the preparation of written instructions for project staff providing background, names
of contacts, communications procedures, responsibilities, schedule and budget information, and other
important elements for the project. This task also includes the development of a graphic project
schedule indicating critical dates, milestones, and deliverables and the preparation of a detailed work
plan with specific staff assignments, by task, corresponding to the schedule.
B. Monitor Project Scope — This task involves monitoring the project scope throughout the length of the
construction -related services phase. This will be done to identify needed services that are not
included in the scope of the construction -related services contract. ENGINEER will make the
OWNER representative aware of potential change orders to the construction -related services contract
before the additional services are performed.
C. Consultant Management — This task involves the preparation of subcontracts and work orders for
ENGINEER's Consultants. This task also includes monitoring ENGINEER's Consultant activities,
reviewing ENGINEER's Consultant invoices, and submitting to the OWNER for payment. This task
also includes reviewing ENGINEER's Consultant work for technical accuracy and conformance with
project requirements. The Consultants that are anticipated are:
• Communications Engineering Company
D. Quality Control Plan — This task involves establishment of review and checking procedures for Project
deliverables. The ENGINEER will designate responsibility for implementation of the plan.
Construction -Related Services
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A. The ENGINEER shall perform construction administration for the OWNER during the Construction
Phase of the Project. The ENGINEER shall perform nearly full-time construction observation for the
OWNER during the Construction Phase of the Project.
General Administration of Construction Contract — Consult with OWNER and act as
OWNER's representative. The extent and limitations of the duties, responsibilities and
authority of ENGINEER as assigned shall not be modified, except as ENGINEER may
otherwise agree in writing. All of OWNER's instructions to Contractorwill be issued through
ENGINEER, who shall have authority to act on behalf of OWNER in dealings with Contractor
to the extent provided in this Agreement except as otherwise provided in writing.
2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist
the ENGINEER and to provide more extensive observation of Contractor's work. Duties,
responsibilities, and authority of the RPR are as set forth in Attachment J. The furnishing of
such RPR's services will not extend ENGINEER's responsibilities or authority beyond the
specific limits set forth elsewhere in this Agreement.
3. Pre -Construction Conference — Participate in a Pre -Construction Conference prior to
commencement of Work at the Site.
4. Visits to Site and Observation of Construction — In connection with observations of
Contractor's work in progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction,
as ENGINEER deems necessary, to observe as an experienced and qualified design
professional the progress and quality of the Work. Such visits and observations by
ENGINEER, and the Resident Project Representative, if any, are not intended to be
exhaustive or to extend to every aspect of Contractor's work in progress or to involve
detailed inspections of Contractor's work in progress beyond the responsibilities
specifically assigned to ENGINEER in this Agreement and the Contract Documents,
but rather are to be limited to spot checking, selective sampling, and similar methods
of general observation of the Work based on ENGINEER's exercise of professional
judgment as assisted by the Resident Project Representative, if any. Based on
information obtained during such visits and such observations, ENGINEER will
determine, in general, if Contractor's work is proceeding in accordance with the
Contract Documents, and ENGINEER shall keep OWNER informed of the progress
of the Work.
b. The purpose of ENGINEER's visits to, and representation by the Resident Project
Representative, if any, at the Site, will be to enable ENGINEER to better carry out
the duties and responsibilities assigned to and undertaken by ENGINEER during the
Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an
experienced and qualified design professional, to provide for OWNER a greater
degree of confidence that the completed Work will conform in general to the
Contract Documents and that the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents has been
implemented and preserved by Contractor. ENGINEER shall not, during such visits
or as a result of such observations of Contractor's work in progress, supervise,
direct, or have control over Contractor's work, nor shall ENGINEER have authority
over or responsibility forthe means, methods, techniques, sequences, or procedures
of construction selected by Contractor, for safety precautions and programs incident
to Contractor's work, or for any failure of Contractor to comply with Laws and
Regulations applicable to Contractor's furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to furnish and perform its work in
accordance with the Contract Documents.
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Defective Work — Recommend to OWNER that Contractor's work be disapproved and
rejected while it is in progress if, on the basis of such observations, ENGINEER believes that
such work will not produce a completed Project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents.
6. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and
interpretations of the Contract Documents as appropriate to the orderly completion of
Contractor's work. Such clarifications and interpretations will be consistent with the intent of
and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders
authorizing minor variations from the requirements of the Contract Documents.
Change Orders and Work Change Directives — Recommend Change Orders and Work
Change Directives to OWNER, as appropriate, and prepare Change Orders and Work
Change Directives as required.
Shop Drawings and Samples — Review and approve or take other appropriate action in
respect to Shop Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the Contract Documents and
compatibility with the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents. Such reviews and approvals or other action will not
extend to means, methods, techniques, sequences or procedures of construction or to safety
precautions and programs incident thereto. ENGINEER has an obligation to meet any
Contractor's submittal schedule that has earlier been acceptable to ENGINEER.
9. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -
equal" materials and equipment proposed by Contractor.
10. Inspections and Tests — Require such special inspections or tests of Contractor's work as
deemed reasonably necessary, and receive and review all certificates of inspections, tests,
and approvals required by Laws and Regulations or the Contract Documents. ENGINEER's
review of such certificates will be for the purpose of determining that the results certified
indicate compliance with the Contract Documents and will not constitute an independent
evaluation that the content or procedures of such inspections, tests, or approvals comply with
the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the
results of such tests.
11. Disagreements between OWNER and Contractor — Render formal written decisions on all
claims of OWNER and Contractor relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the execution and
progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not
show partiality to OWNER or Contractor and shall not be liable in connection with any
decision rendered in good faith in such capacity.
12. Applications for Payment — Based on ENGINEER's observations as an experienced and
qualified design professional and on review of Applications for Payment and accompanying
supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute ENGINEER's
representation to OWNER, based on such observations and review, that, to the best
of ENGINEER's knowledge, information and belief, Contractor's work has
progressed to the point indicated, the quality of such work is generally in accordance
with the Contract Documents (subject to an evaluation of the Work as a functioning
whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents and to any other qualifications stated in the
recommendation), and the conditions precedent to Contractor's being entitled to
such payment appear to have been fulfilled in so far as it is ENGINEER's
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responsibility to observe Contractor's work. In the case of unit price work,
ENGINEER's recommendations of payment will include final determinations of
quantities and classifications of Contractor's work (subject to any subsequent
adjustments allowed by the Contract Documents).
By recommending any payment, ENGINEER shall not thereby be deemed to have
represented that observations made by ENGINEER to check the quality or quantity
of Contractor's work as it is performed and furnished have been exhaustive,
extended to every aspect of Contractor's work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically assigned to
ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's
review of Contractor's work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment including final payment will impose
on ENGINEER responsibility to supervise, direct, or control Contractor's work in
progress or for the means, methods, techniques, sequences, or procedures of
construction or safety precautions or programs incident thereto, or Contractor's
compliance with Laws and Regulations applicable to Contractor's furnishing and
performing the Work. It will also not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or to determine that title to any portion
of the work in progress, materials, or equipment has passed to OWNER free and
clear of any liens, claims, security interests, or encumbrances, or that there may not
be other matters at issue between OWNER and Contractor that might affect the
amount that should be paid.
13. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and
guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted
and required by the Contract Documents, certificates of inspection, tests and
approvals, Shop Drawings, Samples and other data approved, and the annotated
record documents which are to be assembled by Contractor in accordance with the
Contract Documents to obtain final payment.
C. ENGINEER shall transmit these documents to OWNER.
14. Substantial Completion — Promptly after notice from Contractorthat Contractor considers the
entire Work ready for its intended use, in company with OWNER and Contractor, conduct an
inspection to determine if the Work is Substantially Complete. If after considering any
objections of OWNER, ENGINEER considers the Work Substantially Complete, ENGINEER
shall deliver a certificate of Substantial Completion to OWNER and Contractor.
15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or
deliverables.-
Attend
eliverables:
Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and
prepare and circulate copies of minutes.
Reviewing the field testing documentation (attenuation, continuity, OTDR testing,
etc.) required to be provided by the Contractor, per the Special Provisions; and
performing random "re -testing" of the required field tests to be performed by the
Contractor (roughly 5% of those tests) to double-check / verify the Contractor's test
results.
Prepare and furnish to OWNER Record Drawings showing appropriate record
information based on Project annotated record documents received from Contractor.
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d. Provide one reproducible and correctable printed copy of as -built record drawings
and electronic disk in AutoCAD format of the as -built record drawings.
Assemble necessary documentation for and assist Iowa Department of
Transportation with post -construction final Project review and materials audit.
Submit necessary documents for final Project review, materials audit, and Project
close-out to applicable regulatory agencies upon completion of construction.
16. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the
completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing,
final payment to Contractor. Accompanying the recommendation for final payment,
ENGINEER shall also provide a notice that the Work is acceptable to the best of
ENGINEER's knowledge, information, and belief and based on the extent of the services
provided by ENGINEER under this Agreement.
B. Duration of Construction Phase — The Construction Phase will commence with the execution of the
first Construction Agreement for the Project or any part thereof and will terminate upon written
recommendation by ENGINEER for final payment to Contractors. If the Project involves more than
one prime contract, Construction Phase services may be rendered at different times in respect to the
separate contracts.
C. Limitation of ENGINEER's Authority and Responsibilities — Neither ENGINEER's authority or
responsibility under this Agreement or under any other provision of the Contract Documents nor any
decision made by ENGINEER in good faith either to exercise or not exercise such authority or
responsibility or the undertaking, exercise, or performance of any authority or responsibility by
ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by
ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, orto
any surety for or employee or agent of any of them.
ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their
subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work.
ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in
accordance with the Contract Documents.
The limitations upon authority and responsibility set forth above shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
III. Deliverables
A. ENGINEER Deliverables
1. Minutes of project review meetings to meeting attendees.
2. Monthly progress reports (submitted with project invoices) to OWNER.
3. The deliverables indicated in Exhibit J to OWNER and/or Iowa DOT, as appropriate.
V. Owner's Responsibilities
MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER:
The OWNER shall provide the following material and information related to the project:
A. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility
records, traffic signal records, miscellaneous utility records (as available), and record drawings for
adjacent improvements, if needed.
B. Site plans for adjacent properties, if needed.
C. Permit applications that are only available from the OWNER that are necessary to commence with the
construction of the proposed improvements.
TASKS TO BE PERFORMED BY THE OWNER:
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The OWNER shall perform the following tasks related to the project:
A. Attend pre -construction conference, construction progress and other job-related meetings, and
Substantial Completion and final payment inspections.
B. Prepare and submit monthly and final claims for reimbursement to Iowa Department of
Transportation.
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ATTACHMENT B
Specifications
Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2015, plus
General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and
Special Provisions; and the Owner's Communications Master Plan.
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ATTACHMENT C (referenced from 3.1)
Fixed Overhead Rate
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation of all work, materials, and services furnished under the terms
of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus
applicable fixed fee amount. The Consultant's actual costs shall include payments to any
subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in
Attachment C-1. Subconsultant costs are not available for use by the prime Consultant or other
subconsultants. A contingency amount has been established to provide for actual costs that exceed those
estimated.
Estimated Actual Costs (Prime only) $ 46,938.00
Fixed Fee (Prime only) $ 6,888.00
Contingency (Prime only) $ 4,694.00
Total Prime Consultant Costs $ 58,520.00
Communications Engineering Company $ 6,580.00
Total Subconsultant Costs $ 6,580.00
Maximum Amount Payable $ 65,100.00
The nature of engineering services is such that actual costs are not completely determinate. Therefore,
the Consultant shall establish a procedure for comparing the actual costs incurred during the
performance of the work to the estimated actual costs listed above. The procedure will itemize prime
consultant and subconsultant costs in association with each scoped task. The purpose is to monitor these
two elements and thus provide for early identification of any potential for the actual costs exceeding the
estimated actual costs. The procedure shall be used in a way that will allow enough lead time to execute
the paragraphs below without interrupting the work schedule. Therefore, once the accrued labor costs for
a scoped task reach 85% of the estimated value for the prime or subconsultant, then the Consultant shall
notify the Owner in writing.
It is possible that the Consultant's costs for the scoped tasks may need to exceed those shown in
Attachment C-1. The Consultant's and subconsultants' costs for scoped tasks shall not be exceeded
without prior written authorization from the Contract Administrator and concurrence from the Iowa DOT.
Costs for scoped tasks that exceed estimated costs, if approved by the Contract Administrator, may be
compensated via Supplemental Agreement, Work Order, Amendment, or Contingency as detailed in the
paragraphs below. If the Consultant exceeds the estimated costs for scoped tasks for any reason (other
than that covered in Section 3.1.1.2) before the Contract Administrator is notified in writing, the Owner
will have the right, at its discretion, to deny compensation for that amount.
The fixed fee amount will not be changed unless there is a substantial reduction or increase in scope,
character, or complexity of the services covered by this Agreement or the time schedule is changed by the
Owner. The adjustment to fixed fee will consider both cumulative and aggregate changes in scope,
character, or complexity of the services. Any change in the fixed fee amount will be made by a
Supplemental Agreement, Work Order, or Amendment.
If a contingency has been established and at any time during the work the Consultant determines that its
actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it
will promptly so notify the Contract Administrator in writing and describe what costs are causing the
overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior
written approval of the Contract Administrator and concurrence of the Iowa DOT. The Owner or the
Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount.
The maximum amount payable will not be changed except for a change in the scope. If at any time it is
determined that a maximum amount payable will be or has been exceeded, the Consultant shall
immediately so notify the Contract Administrator in writing. The maximum amount payable shall be
changed by a Supplemental Agreement, Work Order, or Amendment, or this Agreement will be terminated
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as identified in Article 4.12.3. The Owner may audit the Consultant's cost records prior to making a
decision whether or not to increase the maximum amount payable.
3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultantwhich are
attributable to the specific work covered by this Agreement and allowable under the provisions of the Code
of Federal Regulations (CFR), Title 48, Federal Acquisition Regulations System, Subchapter E., Part 30
(when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for
meals to be eligible for reimbursement, an overnight stay will be required. The Title 48 requirements
include the following:
1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and
salaries of principals for time they are productively engaged in work necessary to fulfill the terms
of the Agreement.
2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be
required to submit a detailed listing of direct non -salary costs incurred and certify that such costs
are not included in overhead expense pool. These costs may include travel and subsistence,
reproductions, computer charges and materials and supplies.
3. The indirect costs (salary -related expenses and general overhead costs) to the extent that they
are properly allowable to the work covered by this Agreement. The Consultant has submitted to
the Owner the following indirect costs as percentages of direct salary costs to be used for the
duration of the contract: Salary -related expenses are 100% of direct salary costs and general
overhead costs are 185.94% of direct salary costs, for a composite rate of 285.94%.
3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) will not be allowed without
written authorization from the Contract Administrator. If allowed, premium overtime pay shall not
exceed 2 percent of the total direct salary cost without written authorization from the Contract
Administrator.
3.1.1.4 Payments. Monthly payments shall be made based on the work completed and substantiated by monthly
progress reports. The report shall indicate the direct and indirect costs associated with the work
completed during the month. The Contract Administrator will check such progress reports and payment
will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion
of the fixed fee. The Owner shall retain from each monthly payment for construction inspection or
construction administration services 3 % of the amount due. Fixed fee will be calculated and
progressively invoiced based on actual costs incurred for the current billing cycle. Each invoice shall be
accompanied with a monthly progress report which details the tasks invoiced, estimated tasks to be billed
on the next invoice, and any other contract tracking information.
Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing
cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from
prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the
Contract Administrator.
Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall
submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the
total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim.
Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit.
The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit.
Page 14 of 26
Attachment C-1 - Base Agreement
CONSULTANT FEE SCHEDULE - Ament Design
Traffic Adaptive Signals and Fiber Optic Communications Upgrade Project: Construction -Related
Services (CRS)
City Project No. TOF-241 / Iowa DOT Project Nos. STP -A-8155(743)--86-07
Person -Hour Summary
Task
Senior Engineer Tech Admin
Engineer Intern 1
Total
Direct Labor
Cost
Payroll
Burden &
Overhead
Cost
Direct
Expense
Cost
Total
Estimated
Cost Wo
Contingency
Task 1 - Clerical / Invoicing
0 0 0 22
22
$577.50
$1,073.80
0.00
$1,899.00
Task 2 - Project / Contract
Management
22 0 0 0
22
$955.24
1,776.17
0.00
3,141.13
Task 3 - Meetings (Pre-
Construction, Etc.)
8 8 0 0
16
$547.36
1,017.76
0.00
1,799.89
Task 4 - Utility Coordination
2 4 0 0
6
$186.84
347.41
0.00
614.39
Task 5 - Construction
Observation
0 440 0 0
440
$11,000.00
20,453.40
0.00
36,171.41
Task 6 - Construction
Documentation
22 44 0 0
66
$2,055.24
3,821.51
200.00
6,958.27
Task 7 - Record Drawings
2 4 8 0
14
$326.84
607.73
0.00
1,074.75
Task 8 - Travel
6 6 0 0
12
$410.52
763.32
817.50
2,167.42
Total Hours
62 506 8 22
598
$16,059.54
$29,861.11
[$1,017.50J
$53,826.25
Page 15 of 26
-CC JUIIIIIIQI
Direct Labor Cost
Employee
Est.
Rate
Labor Cost
Classification
Hours
Senior Engineer
62
$43.42
$2,692.04
Engineer Intern
506
$25.00
$12,650.00
Tech 1
8
$17.50
$140.00
Admin
22
$26.25
$577.50
Total Direct Labor
598
$16,059.54
Cost
Payroll Burden and Overhead Costs
Indirect Cost Factor (Overhead Rate) =
185.94%
Total Indirect Costs =
$29,861.11
Estimated Direct
Expenses
Item
Qty
Unit
Unit
Rate
Cost
Postage
0
oz. @
$0.49
$0.00
Reproductions
1000
copies @
$0.20
$200.00
Computer
0
hours @
$0.30
$0.00
GPS
0
hours @
$50.00
$0.00
Specialty Equipment
0
lump sum @
$500.00
$0.00
or Software
Travel
Mileage
1500
miles @
$0.545
$817.50
Rental Car
0
days @
$35.00
$0.00
Lodging
0
days @
$100.00
$0.00
Meals
0
meals @
$10.00
$0.00
Publication Fees
0
each @
$35.00
$0.00
Stakes
0
each @
$0.50
$0.00
Miscellaneous
0
lump sum @
$100.00
$0.00
Total Direct Expenses
$1,017.50
Subconsultant Cost
Name
Type of Contract
Cost
Communications
Fixed Overhead Rate (Including 10%
$6,580.00
Engineering Company
Contingency Amount)
Total Subconsultant
$6,580.00
Cost
$53,518.00
Est. Actual Costs (Direct Labor Cost + Payroll Burden & OH Costs + Direct Expenses + Subconsultants)
of Direct Labor Cost + Payroll Burden & OH Costs
$6,888.00
Fixed Fee @
15%
Contingency @
10%
of Direct Labor Cost+ Payroll Burden �OHCosts
0
Total Estimated Cost (Estimated Actual Costs + Contingency)
Page 16 of 26
ATTACHMENT G
Page 1
Consultant Name
Consultant Address
Consultant Address
Fixed Overhead Rate Fee Progressive Invoice
Invoice No.
Invoice Period Covered
Consultant Job No.
Labor Dollars
Overhead
Direct Expenses
Mileage
Per Diem
CADD
Estimated Actual Costs
[Prime Only] (See Note 1)
Subconsultants (including authorized
contingency)
Name
Name
Name
Estimated Actual Costs
[Total Subconsultant Costs]
Total Estimated Actual Costs
[Prime + Total Subconsultant
Costs]
Fixed Fee (See Note 2)
Authorized Contingency
Total Authorized Amount
Total Billed To Date
Remaining Authorized Balance
Unauthorized Contingency
Prime
Subconsultant Name
Subconsultant Name
Labor Hours
Date
Client Project No.
County
Client Project Description
Client Contract No.
Contract Cumulative Current
Estimate To Date Period
Note 1: Do not include Subconsultant Expenses. Include Direct Labor, Overhead, and Direct Expenses for Prime
Consultant only.
Note 2: Fixed fee shall be proportionate to the amount of actual costs invoiced compared to the actual costs
estimated.
Page 17 of 26
Consultant Name
Consultant Address
Consultant Address
ATTACHMENT G
Page 2
Fixed Overhead Rate Fee Final Invoice
Date
Invoice No. Client Project No.
Invoice Period Covered County
Consultant Job No. Client Project Description
Client Contract No.
Labor Dollars (2001)
Labor Dollars (2000)
Labor Dollars (1999)
Direct Expenses
Mileage
Per Diem
CADD
Estimated Actual Costs
[Prime Only]
Subconsultants (including authorized
contingency)
Name
Name
Name
Estimated Actual Costs
[Total Subconsultant Costs]
Total Estimated Actual Costs
[Prime + Total Subconsultant
Costs]
Fixed Fee
Authorized Contingency
Total Authorized Amount
Total Billed To Date
Remaining Authorized Balance
Unauthorized Contingency
Prime
Subconsultant Name
Subconsultant Name
Labor Hours (2001)
Labor Hours (2000)
Labor Hours (1999)
Contract Cumulative Current
Estimate To Date Period
Page 18 of 26
ATTACHMENT G
Page 3
Fixed Overhead Rate Fee Final Invoice Instructions
• Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by
fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job
cost report, a summary of the aforementioned information is needed. The summary should be supported by
monthly job cost detail.
• Overhead Rates: Overhead rates and labor dollars to which the overhead rates are applied should match the
fiscal year in which the costs are incurred. Overhead rates applied to labor should be audit verified when
available. When not available, proposed FAR adjusted rates for the fiscal year in which the labor is incurred
should be used.
• Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific
item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should
identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu
of a final job cost report, a summary of the aforementioned information is needed. The summary should be
supported by monthly job cost detail.
• Subconsultant: Final invoice requirements for subconsultants with cost plus fixed fee contracts are the same
as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an
invoice is acquired and attached to the prime's final invoice.
Page 19 of 26
ATTACHMENT H
Consultant Fee Proposal
Page 20 of 26
Direct Labor
Total
Cost +
Direct
Estimated
Task
Hours
Payroll
Expense
Cost w/o
Burden +
Cost
Contingency
Overhead
Task 1 - Clerical /
22
$1,651.30
$0.00
$1,651
Invoicing
Task 2 - Project /
Contract
22
$2,731.41
$0.00
$2,731
Management
Task 3 - Meetings
(Pre -Construction,
16
$1,565.12
$0.00
$1,565
Etc.
Task 4 - Utility
6
$534.25
$0.00
$534
Coordination
Task 5 - Construction
440
$31,453.40
$0.00
$31,453
Observation
Task 6 - Construction
66
$5,876.75
$200.00
$6,077
Documentation
Task 7 - Record
14
$934.57
$0.00
$935
Drawings
Task 8 - Travel
12
$1,173.84
$817.50
$1,991
Subconsultant
$6,580
Fixed Fee
$6,888
Contingency @ 10%
$4,694
Total
$65,100
Page 20 of 26
ATTACHMENT
Page 1 of 1
UBCONSULTANT SCOPE AND BUDGET
Project Number: STP -A-8155(743)-86-07
State of Iowa
I hereby certify that I, Cecil Anderson, am the Regional Sales Manager and duly authorized representative of the
firm of Communications Engineering Company, whose address is 405 Boyson Road, Hiawatha, Iowa 52233, and
do hereby certify that the below Scope of Services and Subconsultant Budget Proposals are a true and accurate
copy of the Scope of Services and Subconsultant Budget. Any changes to the proposed Scope and Budget shall
be documented, signed by both the Consultant and Subconsultant, and approved by the Contract
Administrator,
n�
C
Signature
Date
SG+()pE'Of "$erVIGeS
attending pre -construction conference;
reviewing the fiber optic communications bid item material certifications and manufacturer's test
documents required to be submitted by the Contractor, per the Special Provisions;
reviewing the field testing documentation (attenuation, continuity, OTDR testing, etc.) required to
be provided by the Contractor, per the Special Provisions; and
• performing random "re -testing" of the required field tests to be performed by the Contractor
(roughly 5% of those tests) to double-check /verify the Contractor's test results.
Fee
Communications Engineering Company proposes to complete the effort listed in the Scope of Services with a fee
based on a Fixed Overhead Rate (Including 10% Contingency Amount), not to exceed $6,580.00.
Page 21 of 26
Attachment I-1 - Base Agreement
SUBCONSULTANT FEE SCHEDULE - COMMUNICATIONS ENGINEERING COMPANY
Traffic Adaptive Signals and Fiber Optic Communications Upgrade Project
City Project No. TOF-241 / Iowa DOT Project Nos. STP -A-8155(743)--86-07
Person -Hour Summary
Fee Summary
Direct Labor Cost
Employee
Employee
Employee
Employee
Engineer
Certified
Classificati
Classificati
Classificati
Classification
Task
time
Technician
Travel
on #4
on #5
on #6
#7
Total
Review the fiber optic bid material
e
0
0
0
0
0
0
8
Attend pre construction meeting
0
4
0
0
0
0
0
4
Reviewing the field testing documentation
0
8
0
0
0
0
0
8
Performing random re testing
0
16
0
0
0
0
0
16
Travel
1 0
0
16
0
0
0
0
16
Item
Qty
Unit
Unit Rate
Cost
Postage
0
Total Hours
18
28
16
0
0
0
0
I52
Fee Summary
Direct Labor Cost
Estimated
Employee Classification
Hours
Rate
Labor Cost
Engineer time
8
$57:00
$456.00
Certified Technician
28
$42:00
$1,176.00
Travel
16
$27.00
$432.00
Employee Classification #4
0
$30.00
$0.00
Employee Classification #5
0
$25.00
$0.00
Employee Classification #6
0
$20.00
$0.00
Employee Classification #7
0
$15.00
$0.00
Total Direct Labor Cost
52
$2;064.00
a Burden and Overhead Costs
Indirect Cost Factor (Overhead Rate) =
150.00%
Total Indirect Costs =
$3,096.00
Estimated Direct Expenses
Item
Qty
Unit
Unit Rate
Cost
Postage
0
oz. @
$0.50
$0.00
Reproductions
0
copies @
$0.30
$0.00
Computer
0
hours @
x+0.30
$0.00
GPS
0
flours @
$50.00
$0.00
Specialty Equipment or Software
0
lump sum @
$500.00
$0.00
Travel
Mileage
4800
miles @
$0.54
$259:20
Rental Car
0
days @
$35.00
$0.00
Lodging
0
days @
$100.00
$0.00
Meals
0
meals @
$10.00
$0.00
Publication Fees
0
each @
$35.00
$0.00
Stakes
0
each @
$0.50
$0.00
Miscellaneous
0
lump sum @
$100.00
$0.00
Total. Direct Expenses
$259.20
Subconsultant Cost
Name
Type of Contract
Cost
Subconsultant 1
Fixed Overhead Rate
$0.00
Subconsultant 2
Fixed Overhead Rate
$0.00
Total Subconsultant Cost
$0.00
Estimated Actual Costs Direct Labor Cost + Payroll Burden & Overhead Costs + Direct Expenses + Subconsultants
$5,419.00
Fixed Fee
12% of Direct Labor Cost + Payroll Burden & Overhead Costs
$619.00
Contin enc.
10% of Direct Labor Cost + Payroll Burden -& 0verhead Costs + Direct Expenses
$542.09JI
Total Estimated Cost Estimated Actual Costs + Contingency)
$6,580.00 JI
Page 22 of 26
Rounded
Rounded
Rounded
ATTACHMENT J
DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE
Resident Project Representative
A. CONSULTANT shall provide a Resident Project Representative ("RPR"), assistants, and other field staff
to assist CONSULTANT in observing progress and quality of the Work. The RPR, assistants, and other
field staff under this Exhibit J may provide full time representation or may provide representation to a
lesser degree.
B. Through such additional observations of Contractor's work in progress and field checks of materials and
equipment by the RPR and assistants, CONSULTANT shall endeavor to provide further protection for
OWNER against defects and deficiencies in the Work. However, CONSULTANT shall not, during such
visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have
control over the Contractor's Work nor shall CONSULTANT have authority over or responsibility for the
means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions
and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with
Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of
construction for Contractor's failure to furnish and perform the Work in accordance with the Contract
Documents. In addition, the specific limitations set forth in Attachment A of the Agreement are applicable.
C. The duties and responsibilities of the RPR are limited to those of CONSULTANT in the Agreement with
the OWNER and in the Contract Documents, and are further limited and described as follows:
General: RPR is CONSULTANT's agent at the Site, will act as directed by and under the
supervision of CONSULTANT, and will confer with CONSULTANT regarding RPR's actions.
RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with
CONSULTANT 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
CONSULTANT.
Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals,
and schedule of values prepared by Contractor and consult with CONSULTANT concerning
acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project -related meetings, and prepare
and circulate copies of minutes thereof.
4. Liaison:
a. Serve as CONSULTANT's liaison with Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of the Contract
Documents.
b. Assist CONSULTANT in serving as OWNER's liaison with Contractor when Contractor's
operations affect OWNER's on -Site operations.
C. Assist in obtaining from OWNER additional details or information, when required for
proper execution of the Work.
Interpretation of Contract Documents: Report to CONSULTANT when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor clarifications
and interpretations as issued by CONSULTANT.
6. Shop Drawings and Samples.-
a.
amples:a. Record date of receipt of Samples and approved Shop Drawings.
Receive Samples which are furnished at the Site by Contractor, and notify CONSULTANT
Page 23 of 26
of availability of Samples for examination.
C. Advise CONSULTANT and Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal
has not been approved by CONSULTANT.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to CONSULTANT. Transmit to
Contractor in writing decisions as issued by CONSULTANT.
8. Review of Work and Rejection of Defective Work:
a. Conduct on -Site observations of Contractor's work in progress to assist CONSULTANT in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to CONSULTANT whenever RPR believes that any part of Contractor's work in
progress will not produce a completed Project that conforms generally to the Contract
Documents or will prejudice the integrity of the design concept of the completed Project
as a functioning whole as indicated in 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 CONSULTANT of that part of work in progress that RPR believes should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
9. Inspections, Tests, and System Startups:
a. Consult with CONSULTANT in advance of scheduled major inspections, tests, and
systems startups of important phases of the Work.
b. Verify that tests, equipment, and systems start-ups and operating and maintenance
training are conducted in the presence of appropriate OWNER's personnel, and that
Contractor maintains adequate records thereof.
C. Observe, record, and report to CONSULTANT appropriate details relative to the test
procedures and systems startups.
Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the results of these inspections, and report to CONSULTANT.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Change Orders, Field Orders,
Work Change Directives, Addenda, additional Drawings issued subsequent to the
execution of the Contract, CONSULTANT's clarifications and interpretations of the
Contract Documents, progress reports, Shop Drawing and Sample submittals received
from and delivered to Contractor, and other Project related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the
Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work
Change Directives, or changed conditions, Site visitors, daily activities, decisions,
observations in general, and specific observations in more detail as in the case of
observing test procedures; and send copies to CONSULTANT.
C. Record names, addresses and telephone numbers of all Contractors, subcontractors, and
major suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project documentation to
CONSULTANT.
Page 24 of 26
11. Reports:
a. Furnish to CONSULTANT 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.
b. Draft and recommend to CONSULTANT proposed Change Orders, Work Change
Directives, and Field Orders. Obtain backup material from Contractor.
C. Furnish to CONSULTANT and OWNER copies of all inspection, test, and system startup
reports.
Report immediately to CONSULTANT the occurrence of any Site accidents, any
Hazardous Environmental Conditions, emergencies, or acts of God endangering the
Work, and property damaged by fire or other causes.
12. Payment Requests: Review Applications for Payment with Contractor for compliance with the
established procedure for their submission and forward with recommendations to CONSULTANT,
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.
13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that
materials and equipment certificates, operation and maintenance manuals and other data
required by the Specifications to be assembled and furnished by Contractor are applicable to the
items actually installed and in accordance with the Contract Documents, and have these
documents delivered to CONSULTANT for review and forwarding to OWNER prior to payment for
that part of the Work.
14. Completion:
a. Before CONSULTANT issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
Observe whether Contractor has arranged for inspections required by Laws and
Regulations, including but not limited to those to be performed by public agencies having
jurisdiction over the Work.
C. Participate in a final inspection in the company of CONSULTANT, OWNER, and
Contractor and prepare a final list of items to be completed or corrected.
Observe whether all items on final list have been completed or corrected and make
recommendations to CONSULTANT concerning acceptance and issuance of the Notice
of Acceptability of the Work.
D. Resident Project Representative shall not. -
1
ot:
1. Authorize any deviation from the Contract Documents or substitution of materials or equipment
(including "or -equal" items).
2. Exceed limitations of CONSULTANT's authority as set forth in the Agreement or the Contract
Documents.
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's
superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of Contractor's work unless such advice or directions are
specifically required by the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety precautions and programs in
connection with the activities or operations of OWNER or Contractor.
Page 25 of 26
Participate in specialized field or laboratory tests or inspections conducted off-site by others
except as specifically authorized by CONSULTANT.
Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize OWNER to occupy the Project in whole or in part.
Page 26 of 26