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R-04-02-12-14E3 - 2/12/2004RESOLUTION NO. R -04-02-12-14E3 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Camp Dresser and McKee, Inc.for the Phase I design of the Avery Farms Wastewater Interceptor Project, and WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Camp Dresser and McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Engineering Services with Camp Dresser and McKee, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all rimes during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 04 NYL ELL, Mayor Ci y Round Rock, Texas A 'T: CHRISTINE R. MARTINEZ,/City Secret 4yy @PFD22kto[\.:ODMFi WORUY)X/O:/WDOX/RESOLU—I/R40212E3.WPD/—n,, STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES WITH CAMP, DRESSER & MCKEE, INC. FOR THE AVERY FARMS WASTEWATER INTERCEPTOR, PHASE 1 PROJECT This Supplemental Agreement No 2, to Agreement for Engineering Services is made by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "City" and CAMP, DRESSER AND MCKEE, INC., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the 100' day of April, 2003 for the Avery Farms Wastewater Interceptor, Phase 1; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on October 9, 2003, to amend the scope of services and to increase the compensation by $118,960.00 from $89,440 to $208,400.00; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services, modify the compensation, and to extend the Agreement; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 2. Scope of Services to be Performed by En ig neer shall be amended as set forth in the Revised Exhibit B, attached hereto and incorporated herein. Il. Article 3, Agreement Period, shall be amended as set forth below: (1) Term. The Engineer is expected to complete the work in accordance with the above described Work Schedule. If Engineer does not perform the work in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 18. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the work is completed. Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed in accordance with the Work Schedule. 61455 averyfarm ww interceptor-supp-2.doc/dr 1 Supplemental Agreement- Rev. 4/2/03 (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of the work required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all work required under this Agreement in a professional manner. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $19,150.00 the lump sum amount payable under the Agreement for a total of $227,550.00, as set forth in the Revised Exhibit D, attached hereto. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement No. 2 in duplicate. CamllenD. er Mc ee By: Woelke, P. Vice President T A 4!90 Date CITY OF ROUND ROCK By: Nyle Maxwell, Mayor Date 2 Supplemental Agreement- Rev. 4/2/03 SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES WITH CAMP, DRESSER & MCKEE, INC. FOR THE AVERY FARMS WASTEWATER INTERCEPTOR, PHASE 1 PROJECT REVISED EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER PHASE 1 PRELIMINARY ENGINEERING SERVICES 1. Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the OWNER, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. 2. Perform an environmental assessment and a water of the U.S./Wetland survey and delineation for the proposed route. 3. Perform an archaeological survey and geomorphological investigation (due to deep Houston Clays). 4. Perform topographic survey of preliminary alignment. 5. Prepare, conduct and document studies, analyses and reports of the Project in sufficient detail to clearly indicate the problems involved and reasonable solutions available. Such studies, analyses and reports to include: preliminary layouts, maps, exhibits, sketches, construction materials and methods evaluations, schedules, utility coordination plans, design criteria, environmental reviews, and other investigations pertinent to the evaluation of the Project alternatives. Specifically the following Project investigations/services: ■ Investigate the routing for engineering, cost and environmental feasibility, ■ Provide preliminary plans drawings/maps of alignment indicating recommended construction methods (cut -and -cover or boring), ■ Identify, on a preliminary bases, any easements and construction workspace requirements. ■ Prepare a preliminary Project Schedule and cost estimate of the probable Project construction costs. ■ Furnish five (5) copies of the draft of the Letter Report including all layouts, sketches, maps, costs estimates, and recommended Project improvements for review and comment. Furnish five (5) copies of the final Letter Report for addressing comments. 6. Prepare plan and profile sheets, indicating the preliminary alignment and grade, at a scale in sufficient enough detail to establish the bases of the design for the waste water interceptor. averyfarm ww sup2 -Revised exhibits B and D (00061918) 2 PHASE 2 FINAL DESIGN ENGINEERING SERVICES Upon completion of Phase 1 services and upon written authorization by OWNER to proceed, ENGINEER shall provide the following Final Design Services. 1. Prepare for incorporation in the Contract Documents final Drawings showing the scope, extent and character of the work to be performed and furnished by Contractor and Specifications (which will be prepared, where appropriate, in conformance with the sixteen division format of the Construction Specifications Institute). 2. Provide technical criteria, written descriptions and design data for use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist OWNER in consultations with appropriate authorities. 3. Perform soil borings, complete a geotechnical analysis of the project area with the soil borings, and prepare a report of all findings determined from the borings and analysis. 4. Prepare parcel plat and descriptions for permanent and temporary easements along the project's route 5. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER as a result of change in scope, extent or character or design requirements of the Project. 6. After consulting with the City Attorney concerning OWNER's desired format, prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. ENGINEER shall modify documents in accordance with the recommendations of OWNER. 7. Furnish three copies of the above documents, Drawings and Specifications to and review them with OWNER. 8. ENGINEER's services under the Design Phase will be considered complete at the date when the submittals have been accepted by OWNER plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER, if such approval is to be obtained during the Design Phase. 9. The scope of work consists of the drawings listed in Attachment B-1 to show the extent of the work to be completed. averyfarm ww sup2 -Revised exhibits B and D (0006191 S)/dr BIDDING PHASE After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Design Phase documentation (including the most recent opinion of probable Construction Cost), and upon written authorization from OWNER to proceed, ENGINEER shall: 1. Assist OWNER in advertising for and obtaining bids for the contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conference, if any, and receive and process deposits for Bidding Documents. ENGINEER shall distribute plans and specifications from their office and keep a plan holders list. 2. Issue addenda as appropriate to clarify, correct or change the Bidding Documents. 3. Consult with OWNER as to acceptability of subcontractors, suppliers and other persons and entities proposed by Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. 4. Attend and preside over a pre bid meeting to present project to prospective bidders and respond to questions raised by prospective bidders. 5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 6. The Bidding Phase will terminate and the services to be performed or furnished thereunder will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors. CONSTRUCTION PHASE During the Construction Phase: General Administration of Construction Contract ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will 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 and said Standard General Conditions except as otherwise provided in writing. 2. Visits to Site and Observation of Construction In connection with observations of the work of Contractor while in progress: averyfann ww sup2 -Revised exhibits B and D (00061918) 4 a. ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor's work. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work 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 observation of the work based on ENGINEER's exercise of professional judgment as assisted by the OWNER's Project Representative. Based on information obtained during such visits and such observations, ENGINEER shall endeavor to determine if such 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 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 of Contractor will conform 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. On the other hand, 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 for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders (other than orders emanating from OWNER or ENGINEER with respect to the work, such as change orders) applicable to Contractor's furnishing and performing the work. 3. Defective Work During such visits on the basis of such observations, ENGINEER shall have authority and duty to disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms 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. 5 averyfarm ww sup2 -Revised exhibits B and D (00061918)/dr 4. Clarifications and Interpretations; Field Orders. ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the 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. 5. Change Orders and Work Change Directives ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as appropriate, and shall prepare Change Orders and Work Change Directives as required. If requested by OWNER, ENGINEER will be in attendance at the City Council meeting to describe the necessity for the Change Order. 6. Shop Drawings ENGINEER shall review and approve (or take other appropriate action in respect of) 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. 7. Substitutes ENGINEER shall evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 8. Inspections and Tests ENGINEER may require special inspections or tests of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders 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, test or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 9. Disagreements between OWNER and Contractor ENGINEER shall render the initial decisions on all claims of OWNER and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. In rendering such decisions, ENGINEER shall be fair and impartial to OWNER and Contractor to ensure the work complies with the averyfarm ww sup2 -Revised exhibits B and D (00061918) 6 requirements of the Contract Documents, and shall not be liable for the rendering of any decision made in good faith in such capacity. 10. Applications for Payment Based on ENGINEER's on-site observations as an experienced and qualified design professional and on review of Applications for Payment and the accompanying data and schedules: a. ENGINEER shall 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, the work has progressed to the point indicated, the quality of such work is in accordance with the Contract Documents (subject to an evaluation of such 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 responsibility to observe the work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of ENGINEER contained in Paragraph a. are expressly subject to the limitations set forth in Paragraph b. and other express or general limitations in the Agreement and elsewhere. b. By recommending any payment ENGINEER shall not thereby be deemed to have represented that on-site 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 the 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 such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws, rules, regulations, ordinances, codes or orders 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 of the work, 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. 11. Contractor's Completion Documents ENGINEER shall receive, review and transmit to OWNER with written comments maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, and marked -up 7 averyfarm ww sup2 -Revised exhibits B and D (00061918)/dr record documents (including Shop Drawings, Samples and other data approved as provided under Paragraph 6 and marked -up record Drawings) which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. ENGINEER's review of such documents will only be to determine that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 12. Substantial Completion Following notice from Contractor that Contractor considers the entire work ready for its intended use, ENGINEER and OWNER, accompanied by Contractor, shall 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. The Certificate of Substantial Completion shall only allow OWNER to begin operation of the item constructed hereunder, but shall not constitute final acceptance of the work or Certificate of Final Completion. 13. Final Notice of Acceptability of the Work ENGINEER shall 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 indicate that the work is acceptable (subject to the provisions of Paragraph 10.b.) to the best of ENGINEER's knowledge, information and belief and based on the extent of the services performed and furnished by ENGINEER under this Agreement. 14. ENGINEER's Completion Documents ENGINEER shall utilize the marked -up contract drawings from the Contractor, with the assistance of the OWNER's representative, to provide Record Drawings of the completed Project. ENGINEER shall furnish one set of reproducible drawings and one set of prints of these revised drawings to the OWNER. As an accommodation to the OWNER, ENGINEER agrees to provide OWNER an electronic copy of the AutoCAD readable disk used by CDM to develop the Record Drawings for the project. The Record Drawings shall be provided in AutoCAD format using no version higher than 14. OWNER is aware of the potential errors that may arise through the electronic copying of the disk. OWNER recognizes that the information contained on the floppy disk may not include all information which is included in the Record Drawings. The hard copy of the Record Drawings containing the engineer's professional engineering stamp shall take precedence over the floppy disk. The floppy disks are provided to OWNER "as is" and any use of the disk or the information contained on the disk is at the sole risk of the OWNER and without any liability or legal exposure to ENGINEER. averyfarm ww sup2 -Revised exhibits B and D (00061918) 8 15. Limitations of Responsibilities ENGINEER agrees to inspect work and perform the duties specified in this contract in a reasonable manner, but does not guarantee the discovery of Contractor's failure to comply with the Contract Documents if a reasonable engineer in ENGINEER's position would not have discovered such failure. 16. Duration of Construction Phase The Construction Phase will commence with the execution of the construction contract for the Project or any part thereof and will terminate upon written recommendation by ENGINEER of final payment. 9 averyfarm ww sup2 -Revised exhibits B and D (00061918)/dr SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES WITH CAMP, DRESSER & MCKEE, INC. FOR THE AVERY FARMS WASTEWATER INTERCEPTOR, PHASE 1 PROJECT REVISED EXHIBIT D FEE SCHEDULE PHASE 1 TOTAL $89,440 Phase 2 Final Design Engineering Services Final Design $80,680 Bidding Phase 12,760 Construction Phase 25,520 Subtotal $118,960 PHASE 2 TOTAL $118,960 Supplemental Agreement No. 2 (Realignment on Avery Tract) Design $5,000 Surveying $7,950 Environmental 2,000 Archeology 4,200 Subtotal $5,000 $14,150 SUPPLEMENTAL AGREEMENT NO.2 TOTAL $19,150 PROJECT TOTAL averyfarm ww sup2 -Revised exhibits B and D (00061918) 10 $227,550 Basic Special Services Services Phase 1 Preliminary Engineering Services Preliminary Engineering Report $20,000 Preliminary Engineering 15,000 Environmental Assessment $ 6,000 Geotechnical Investigation 4,000 Archeology Survey 9,800 Surveying 34,640 Subtotal $35,000 $54,440 PHASE 1 TOTAL $89,440 Phase 2 Final Design Engineering Services Final Design $80,680 Bidding Phase 12,760 Construction Phase 25,520 Subtotal $118,960 PHASE 2 TOTAL $118,960 Supplemental Agreement No. 2 (Realignment on Avery Tract) Design $5,000 Surveying $7,950 Environmental 2,000 Archeology 4,200 Subtotal $5,000 $14,150 SUPPLEMENTAL AGREEMENT NO.2 TOTAL $19,150 PROJECT TOTAL averyfarm ww sup2 -Revised exhibits B and D (00061918) 10 $227,550 N Avery Farm Wastewater Interceptor - W To Serve 'ROUND ROCK, TEXAS S Higher Education Center S/GRAPHICS/COUNCIL AGENDA ITEMS/ENGINEERING/2003/AVERY FARM WASTEWATER INTERCEPTOR RLR 3r2flU3 DATE: February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: *14.E.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement for Engineering Services with Camp Dresser and McKee, Inc. for the Phase I design of the Avery Farms Wastewater Interceptor. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director of Utilities Justification: To provide a wastewater interceptor to serve the Round Rock Higher Education Center and future development within its drainage basin. This supplemental agreement is for the realignment of the Avery Farms Wastewater Interceptor to serve the proposed Round Rock Higher Education Center (HEC) and the surrounding 855 acres. Funding: Cost: $19,150.00 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: Camp, Dresser & McKee, Inc. Background Information: The services under this supplemental agreement are necessary due to a revision requested by the Avery's and RRHEC's representatives to the northern termination point of the Avery Farms Wastewater Interceptor. CDM initially designed the interceptor to follow the East branch of an existing drainage way as identified by the RRHEC representatives at an initial meeting with the Avery's and RRHEC's representatives. The requested change will require additional surveying and engineering. Estimated construction cost is $1,700,000. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 2 TO AGREEMENT FOR ENGINEERING SERVICES WITH CAMP, DRESSER & MCKEE, INC. FOR THE AVERY FARMS WASTEWATER INTERCEPTOR, PHASE 1 PROJECT This Supplemental Agreement No 2, to Agreement for Engineering Services is made by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "City" and CAMP, DRESSER AND MCKEE, INC., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the I O h day of April, 2003 for the Avery Farms Wastewater Interceptor, Phase 1; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on October 9, 2003, to amend the scope of services and to increase the compensation by $118,960.00 from $89,440 to $208,400.00; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services, modify the compensation, and to extend the Agreement; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 2. Scope of Services to be Performed by Engineer shall be amended as set forth in the Revised Exhibit B, attached hereto and incorporated herein. II. Article 3, Agreement Period, shall be amended as set forth below: (1) Term. The Engineer is expected to complete the work in accordance with the above described Work Schedule. If Engineer does not perform the work in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 18. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the work is completed. Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed in accordance with the Work Schedule. 61455 averyfarm ww interceptor-supp-2.doe/dr 1 Supplemental Agreement- Rev. 4/2/03 e-04- ©a -)a-NE 3 (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of the work required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all work required under this Agreement in a professional manner. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $19,150.00 the lump sum amount payable under the Agreement for a total of $227,550.00, as set forth in the Revised Exhibit D, attached hereto. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement No. 2 in duplicate. Camp, D/p�er Mc ee ee Xllen D. Woelke, P.E., Vice President �T uLt�cy A' AZ Date CIT By: Date 2 Supplemental Agreement- Rev. 4/2/03 SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES WITH CAMP, DRESSER & MCKEE, INC. FOR THE AVERY FARMS WASTEWATER INTERCEPTOR, PHASE 1 PROJECT REVISED EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER PHASE 1 PRELIMINARY ENGINEERING SERVICES 1. Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the OWNER, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. 2. Perform an environmental assessment and a water of the U.S./Wetland survey and delineation for the proposed route. 3. Perform an archaeological survey and geomorphological investigation (due to deep Houston Clays). 4. Perform topographic survey of preliminary alignment. Prepare, conduct and document studies, analyses and reports of the Project in sufficient detail to clearly indicate the problems involved and reasonable solutions available. Such studies, analyses and reports to include: preliminary layouts, maps, exhibits, sketches, construction materials and methods evaluations, schedules, utility coordination plans, design criteria, environmental reviews, and other investigations pertinent to the evaluation of the Project alternatives. Specifically the following Project investigations/services: ■ Investigate the routing for engineering, cost and environmental feasibility, ■ Provide preliminary plans drawings/maps of alignment indicating recommended construction methods (cut -and -cover or boring), ■ Identify, on a preliminary bases, any easements and construction workspace requirements. ■ Prepare a preliminary Project Schedule and cost estimate of the probable Project construction costs. • Furnish five (5) copies of the draft of the Letter Report including all layouts, sketches, maps, costs estimates, and recommended Project improvements for review and comment. Furnish five (5) copies of the final Letter Report for addressing comments. 6. Prepare plan and profile sheets, indicating the preliminary alignment and grade, at a scale in sufficient enough detail to establish the bases of the design for the waste water interceptor. 2 averyfarm ww sup2 -Revised exhibits B and D (00061918) PHASE 2 FINAL DESIGN ENGINEERING SERVICES Upon completion of Phase 1 services and upon written authorization by OWNER to proceed, ENGINEER shall provide the following Final Design Services. Prepare for incorporation in the Contract Documents final Drawings showing the scope, extent and character of the work to be performed and furnished by Contractor and Specifications (which will be prepared, where appropriate, in conformance with the sixteen division format of the Construction Specifications Institute). 2. Provide technical criteria, written descriptions and design data for use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist OWNER in consultations with appropriate authorities. Perform soil borings, complete a geotechnical analysis of the project area with the soil borings, and prepare a report of all findings determined from the borings and analysis. 4. Prepare parcel plat and descriptions for permanent and temporary easements along the project's route 5. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER as a result of change in scope, extent or character or design requirements of the Project. 6. After consulting with the City Attorney concerning OWNER's desired format, prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. ENGINEER shall modify documents in accordance with the recommendations of OWNER. 7. Furnish three copies of the above documents, Drawings and Specifications to and review them with OWNER. 8. ENGINEER's services under the Design Phase will be considered complete at the date when the submittals have been accepted by OWNER plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER, if such approval is to be obtained during the Design Phase. 9. The scope of work consists of the drawings listed in Attachment B-1 to show the extent of the work to be completed. 3 averyfarm ww sup2 -Revised exhibits B and D (00061918)/dr BIDDING PHASE After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Design Phase documentation (including the most recent opinion of probable Construction Cost), and upon written authorization from OWNER to proceed, ENGINEER shall: 1. Assist OWNER in advertising for and obtaining bids for the contract for construction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conference, if any, and receive and process deposits for Bidding Documents. ENGINEER shall distribute plans and specifications from their office and keep a plan holders list. 2. Issue addenda as appropriate to clarify, correct or change the Bidding Documents. 3. Consult with OWNER as to acceptability of subcontractors, suppliers and other persons and entities proposed by Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. 4. Attend and preside over a pre bid meeting to present project to prospective bidders and respond to questions raised by prospective bidders. 5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 6. The Bidding Phase will terminate and the services to be performed or furnished thereunder will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors. CONSTRUCTION PHASE During the Construction Phase: General Administration of Construction Contract ENGINEER shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will 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 and said Standard General Conditions except as otherwise provided in writing. 2. Visits to Site and Observation of Construction In connection with observations of the work of Contractor while in progress: 4 averyfarm ww sup2 -Revised exhibits B and D (00061918) a. ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor's work. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work 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 observation of the work based on ENGINEER's exercise of professional judgment as assisted by the OWNER's Project Representative. Based on information obtained during such visits and such observations, ENGINEER shall endeavor to determine if such 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 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 of Contractor will conform 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. On the other hand, 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 for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders (other than orders emanating from OWNER or ENGINEER with respect to the work, such as change orders) applicable to Contractor's furnishing and performing the work. 3. Defective Work During such visits on the basis of such observations, ENGINEER shall have authority and duty to disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms 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. 5 averyfarm ww sup2 -Revised exhibits B and D (00051918)/dr 4. Clarifications and Interpretations; Field Orders. ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the 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. 5. Change Orders and Work Change Directives ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as appropriate, and shall prepare Change Orders and Work Change Directives as required. If requested by OWNER, ENGINEER will be in attendance at the City Council meeting to describe the necessity for the Change Order. 6. Shop Drawings ENGINEER shall review and approve (or take other appropriate action in respect of) 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. 7. Substitutes ENGINEER shall evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 8. Inspections and Tests ENGINEER may require special inspections or tests of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders 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, test or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 9. Disagreements between OWNER and Contractor ENGINEER shall render the initial decisions on all claims of OWNER and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. In rendering such decisions, ENGINEER shall be fair and impartial to OWNER and Contractor to ensure the work complies with the averyfarm ww sup2 -Revised exhibits B and D (00061918) 6 requirements of the Contract Documents, and shall not be liable for the rendering of any decision made in good faith in such capacity. 10. Applications for Payment Based on ENGINEER's on-site observations as an experienced and qualified design professional and on review of Applications for Payment and the accompanying data and schedules: a. ENGINEER shall 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, the work has progressed to the point indicated, the quality of such work is in accordance with the Contract Documents (subject to an evaluation of such 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 responsibility to observe the work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of ENGINEER contained in Paragraph a. are expressly subject to the limitations set forth in Paragraph b. and other express or general limitations in the Agreement and elsewhere. b. By recommending any payment ENGINEER shall not thereby be deemed to have represented that on-site 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 the 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 such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws, rules, regulations, ordinances, codes or orders 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 of the work, 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. 11. Contractor's Completion Documents ENGINEER shall receive, review and transmit to OWNER with written comments maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, and marked -up 7 averyfarm ww sup2 -Revised exhibits B and D (00061918)/dr record documents (including Shop Drawings, Samples and other data approved as provided under Paragraph 6 and marked -up record Drawings) which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. ENGINEER's review of such documents will only be to determine that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 12. Substantial Completion Following notice from Contractor that Contractor considers the entire work ready for its intended use, ENGINEER and OWNER, accompanied by Contractor, shall 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. The Certificate of Substantial Completion shall only allow OWNER to begin operation of the item constructed hereunder, but shall not constitute final acceptance of the work or Certificate of Final Completion. 13. Final Notice of Acceptability of the Work ENGINEER shall 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 indicate that the work is acceptable (subject to the provisions of Paragraph 10.b.) to the best of ENGINEER's knowledge, information and belief and based on the extent of the services performed and furnished by ENGINEER under this Agreement. 14. ENGINEER's Completion Documents ENGINEER shall utilize the marked -up contract drawings from the Contractor, with the assistance of the OWNER's representative, to provide Record Drawings of the completed Project. ENGINEER shall furnish one set of reproducible drawings and one set of prints of these revised drawings to the OWNER. As an accommodation to the OWNER, ENGINEER agrees to provide OWNER an electronic copy of the AutoCAD readable disk used by CDM to develop the Record Drawings for the project. The Record Drawings shall be provided in AutoCAD format using no version higher than 14. OWNER is aware of the potential errors that may arise through the electronic copying of the disk. OWNER recognizes that the information contained on the floppy disk may not include all information which is included in the Record Drawings. The hard copy of the Record Drawings containing the engineer's professional engineering stamp shall take precedence over the floppy disk. The floppy disks are provided to OWNER "as is" and any use of the disk or the information contained on the disk is at the sole risk of the OWNER and without any liability or legal exposure to ENGINEER. averyfarm ww sup2 -Revised exhibits B and D (00061918) 15. Limitations of Responsibilities ENGINEER agrees to inspect work and perform the duties specified in this contract in a reasonable manner, but does not guarantee the discovery of Contractor's failure to comply with the Contract Documents if a reasonable engineer in ENGINEER's position would not have discovered such failure. 16. Duration of Construction Phase The Construction Phase will commence with the execution of the construction contract for the Project or any part thereof and will terminate upon written recommendation by ENGINEER of final payment. 9 averyfarm ww sup2 -Revised exhibits B and D (00061918)/dr SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES WITH CAMP, DRESSER & MCKEE, INC. FOR THE AVERY FARMS WASTEWATER INTERCEPTOR, PHASE 1 PROJECT REVISED EXHIBIT D FEE SCHEDULE PHASE 1 TOTAL $89,440 Phase 2 Final Design Engineering Services Final Design $80,680 Bidding Phase 12,760 Construction Phase 25,520 Subtotal $118,960 PHASE 2 TOTAL $118,960 Supplemental Agreement No. 2 (Realignment on Avery Tract) Design $5,000 Surveying $7,950 Environmental 2,000 Archeology 4,200 Subtotal $5,000 $14,150 SUPPLEMENTAL AGREEMENT NO. 2 TOTAL $19,150 PROJECT TOTAL 10 averyfarm ww sup2 -Revised exhibits B and D (00061918) $227,550 Basic Special Services Services Phase 1 Preliminary Engineering Services Preliminary Engineering Report $20,000 Preliminary Engineering 15,000 Environmental Assessment $ 6,000 Geotechnical Investigation 4,000 Archeology Survey 9,800 Surveying 34,640 Subtotal $35,000 $54,440 PHASE 1 TOTAL $89,440 Phase 2 Final Design Engineering Services Final Design $80,680 Bidding Phase 12,760 Construction Phase 25,520 Subtotal $118,960 PHASE 2 TOTAL $118,960 Supplemental Agreement No. 2 (Realignment on Avery Tract) Design $5,000 Surveying $7,950 Environmental 2,000 Archeology 4,200 Subtotal $5,000 $14,150 SUPPLEMENTAL AGREEMENT NO. 2 TOTAL $19,150 PROJECT TOTAL 10 averyfarm ww sup2 -Revised exhibits B and D (00061918) $227,550