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DESIGN MEMORANDUM NO. 11-97 TO: Chief
District Engineers FROM: John
B. Sacksteder, Director DATE: December 2, 1997 SUBJECT: Engineering Agreements/Contract Modifications
The Project Manager is directly responsible for the timely submission of all information necessary for the execution of a contract with the selected project consultants. When a consultant is selected, the Project Manager shall establish the earliest possible date for a Pre-Design Conference. Desirably the Pre-Design Conference will be held no more than 10 working days after the consultant selection. This date may be set in advance of the actual selection based on the dates for the selection established in the advertisement for consultant. The Project Manager shall assure that all involved Divisions that may be required to have input into the manhours or project schedule be advised of the meeting and be represented, if possible. The Project Manager in conjunction with the consultant and other involved Divisions shall develop a schedule for completion of the selected project phase. This schedule shall provide a complete chronicle of the expected consultant’s and Department’s milestones similar, but not necessarily the same, as those in the Consultant Monthly Report. This schedule shall become part of the basis of regular performance reviews of the consultant. The schedule shall include approximate times for all actions required by the Department or other outside agencies that will be beyond the consultant’s control. All schedules are to be given by dates expected to be completed. For example, if the receipt of photogrammetry will control the consultant’s activities, then the starting date should be the expected receipt with the consultant’s dates based from that date forward. The schedule is to be complete and presented on the day of negotiation of the contract. The schedule should also include a 98% complete milestone that will identify that the consultant has completed the project to a stage that it may be submitted within 30 days of notification, but that they are holding it to make necessary right-of-way or other plan revisions. All contracts or requests for change orders greater than $50,000 must be negotiated. The Project Manager is to work with the consultant to determine the units that will be the basis for the negotiation. Once the units are agreed upon, the consultant and Project Manager shall each develop manhours independent of the other. The consultant shall submit his manhours directly to the Director, Division of Professional Services, with a copy of the letter of submittal excluding the manhours to the Project Manager. The Project Manager shall also submit his manhours directly to the Director, Division of Professional Services with a copy submitted to the Central Office Location Engineer. These manhours should be submitted within 20 working days after the Pre-Design Conference. Negotiations should be held within 10 working days after the receipt of the manhours from all involved Divisions. The Division of Professional Services Internet web page tracks the status of all consultant contracts and may be used to determine any lacking information or status of actions. Contracts or change orders less than $50,000 requested by the consultant may be submitted directly to the Project Manager with a copy sent to the Director, Division of Professional Services. The Project Manager may modify the manhours with agreement from the consultant or agree directly with the consultant’s manhours with no separate manhours required from the Department. The Project Manager will provide an endorsement of the agreed upon hours to the Director, Division of Professional Services or recommendation for other action within 10 working days. The Director will then review the recommendation for use of correct consultant overheads, direct costs, or other issues for which he may have concern. If the Director concurs with the submittal, the agreement process will be initiated. When a change order is requested, the consultant shall be responsible for providing a brief explanation (desirably less than one page) for the need for the change order. The explanation must be written such that someone not familiar with the project may understand the purpose of the request. It must make clear why the requested work was not covered with the original agreement or in previous change orders. It must also address whether the currently contracted dates are to be affected by the change and if so, new projected dates of completion must be provided. This information is to be provided to the Project Manager who will endorse it to the Director, Division of Professional Services. Timely responses to all requests for change orders are to be given.
JBS/SAW:jad
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