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R-13-06-27-F4 - 6/27/2013RESOLUTION NO. R -13-06-27-F4 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with CP&Y, Inc. for the FM 3406 Roadway Improvement Project; and WHEREAS, CP&Y, Inc. has submitted Supplemental Contract No. 2 to the Contract to modify the provisions for the scope of services; and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 2 with CP&Y, 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 Contract No. 2 to the Contract with CP&Y, 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 times 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 27th day of June, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O:\wdox\SCC1nts\0112\1304\MLTN1CIPAL\00276942. DOC/rmc EXHIBIT „A„ STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL, CONTRACT NO.2 TO CONTRACT FOR ENGINEERING SERVICES FIRM: CP&Y, INC ("Engineer") ADDRESS: 10415 Morado Circle 13idg 1 Suite 200 Austin TX 78759 PROJECT: FM 3406 Roadway Improvement This Supplemental Contract No. 2 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and CP&Y, Inc., liereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 8th day of October, 2009 for the FM 3406 Roadway Improvement Project in the amount of $779,661.76; and WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on March 8, 2012 to amend the scope of services and to decrease the compensation by $125,847.18 to a total of $653,814.58; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $99,783.87 to a total of $753,598.45; NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: I. Article 2 Engineering Services and Exhibit 13 Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. Article 4 Compensation and F,xhibit D, Fee Schedule shall be amended by increasing by $99,783.87 the lump sum amount payable under the Contract for a total of $753,598.45, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. Supplemental Contract Rev. 12/01/03 0199.7126; 00275934 31275 V ate CITY OF ROUND ROCK By: Alan McGraw, Mayor Date Supplemcntal Contract 0199.7126;00275934 APPROVED AS TO FORM: Stephan L. Sheets, City Attorney Rev. 12/01/08 84275 ADDENDUM TO EXHIBIT B Engineering Sez-vices The changes to the scope of this project are as follows: The FM 3406 Roadway Improvement Project will widen the existing FM 3406 pavement intermittently from Sam Bass Road to North Mays Street to provide left- and right -turn lanes at key intersections. The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, and preparation of plans, specifications and estimates for the project. Design services related to the design and plan production for this project will be performed in accordance with the latest available TxDOT manuals from the design collection located on the TxDOT website. The roadway will be designed based on (3R) design criteria. The development of the project will be consistent with TxDOT design procedures and practices. This project will be developed utilizing Microstation V8 and Geopak 2004. Project Setup Two sets of construction plans will be prepared for the project limits, each plan set capable of being let for construction independently. The first set of construction plans will consist of FM 3406 intersection improvements from the Chisholm Trail Road to North Mays Street. These improvements will generally include: 1. Dedicated right turn lane fi•om Eastbound FM 3406 to Southbound IH 35 SBFR. 2. Dedicated right turn lane from Westbound FM 3406 to Northbound Chisholm Trail Road. 3. Dedicated left and right turn lanes from Southbound IH 35 SBFR to FM 3406. 4. Connection with an auxiliary lane of dedicated right turn lane fi-om Northbound IH 35 NBFR to dedicated right turn lane fi•om Eastbound FM 3406 to Southbound North Mays Street. 5. Dedicated right turn lane from Westbound FM 3406 to Northbound IH 35 NBFR. The second set of construction plans will consist of FM 3406 intersection improvements from Sam Bass Road to the GRR. These improvements will generally include: 1. Realignment of Sam Bass Road intersection to a 90 -degree configuration of Sam Bass at FM 3406. 2. Widening of FM 3406 at the Sam Bass Road intersection to provide an Eastbound right turn lane and Westbound left turn lane. 3. Widening of FM 3406 at the Bent Tree Drive intersection to provide a Westbound left turn lane. 4. Widening of FM 3406 at the Plantation Drive intersection to provide Eastbound and Westbound left turn lanes. The Westbound left turn lane should also allow access to the Old Town Elementary School entrance. 5. Widening of Flvi 3406 at the Oak Flollow Drive intersection to provide a Westbound left turn lane. Agency abbreviations are as follows: City of Round Rock (City), Georgetown Railroad (GRR) Texas Department of Transportation (TxDOT), Texas Department of Transportation Environmental Affairs Division (T..xDOT-ENV), Federal Highway Administration (FWIIA), Capital Area Metropolitan Planning Organization (CAMPO), Central Texas Regional Mobility Authority (CTRIviA), Environmental Protection Agency (EPA), Texas Historical Commission (THC), National Register of I•listorical Places (NRNP), Federal Emergency Management Agency (FEMA), Texas Commission on Environmental Quality (TCEQ). The tasks and products are more fully described in the following TASK OUTLINE. I of4 TASK OUTLINE VI. BID AND CONSTRUCTION SERVICES A. BID PHASE SERVICES 1. East Segment - Chisholm Trail Road to North Mays Sheet (a) The Engineer will prepare contract bid documents and proposals and make them available to the contractors at the Engineer's office. (b) The Engineer will assist the City at contract bid opening. (c) 'Che Engineer will tabulate the bids, research low bidder and make a recommendation of award to the City. 2. Nest Segment — Sam Bass Road to Oak Flollow Drive (a) The Engineer will prepare contract bid documents and proposals and make them available to the contractors at the Engineer's office. (b) The Engineer will assist the City at contract bid opening. (c) The Engineer will tabulate the bids, research low bidder and make a recommendation of award to the City. B. CONSTRUCTION PHASE SERVICES 1. East Segment— Chisholm Trail Road to North Mays Street (a) Attend one (l) pre -construction conference with the Owner and the Contractor, review the Contractor's construction schedule and issue meeting notes to the Owner. Attend twelve (12) biweekly project meetings and issue meeting notes to the Owner for each intersection. (b) Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent and reasonably inferable from the Construction Contract Documents. (c) Make recommendations to the Owner regarding cliange orders as appropriate and when directed by the Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result from significant changes in the scope, extent, or character of the Project designed by the Engineer, is not included in this scope of services. (d) Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and mill tests of material and test equipment and other data as required by the Construction Contract Documents, but only for conformance with the design concept indicated in the Construction Contract Documents. Such reviews will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. (e) Review the Application for Payment and supporting documentation submitted by the Contractor, recommended to the Owner the amount that the Contractor is to be paid on monthly estimates as required by the Construction Contract. Such recommendation for payment to the Contractor shall not be a representation that the Engineer: (i) has made exhaustive or continuous on-site observations to check the quality or quantity of the Contractor's work, (ii) has reviewed construction means, methods, techniques, sequences, or procedures, (iii) has reviewed copies of invoices received from subcontractors, material suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (iv) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or (v) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, claims, security interests or encumbrances. 2 of 4 (f) Upon notice from (lie Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Contractor, an inspection to determine if the work is substantially complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a final inspection together with the Owner and the Contractor to determine if the work has reached final completion so that the Engineer may recommend final payment to the Contractor. If appropriate, make recommendations to the Owner for final payment to the Contractor. (g) Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees, marked up record documents received from the Contractor, which reflect field changes to the bid documents. The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that the reflected field changes are complete and correct. (h) Prepare Project record drawings incorporating compiled change orders and field changes that are received from the Owner and the Contractor. One (1) preliminary copy and one (1) final copy of I Ix17 paper copy prints of "Record Drawings" will be submitted by the Engineer to the Owner. (i) Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall deliver the electronic files, on CD, to the Owner. Record drawings on electronic files furnished to the Owner are for the convenience of (he Owner only. The set of Record Drawings, which are stamped by the Engineer, shall be the sole documents relied upon by the Owner as a reflection of the condition of the project location atter completion of the construction activities. 2. West Segment — Sant Bass Road to Oak Hollow Drive (a) Attend one (l) pre -construction conference with the Owner and the Contractor, review the Contractor's construction schedule and issue meeting notes to lite Owner. Attend twelve (12) biweekly project meetings and issue meeting notes to the Owner for each intersection. (b) Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the orderly completion of the Contractor's work, Such clarifications and interpretations will be consistent with the intent and reasonably inferable from the Construction Contract Documents. (c) Make recommendations to the Owner regarding change orders as appropriate and when directed by the Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result fi-om significant changes in the scope, extent, or character of the Project designed by the Engineer, is not included in this scope of services. (d) Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and still tests of material and test equipment and other data as required by the Construction Contract Documents, but only for conformance with the design concept indicated in the Construction Contract Documents. Such reviews will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. (e) Review the Application for Payment and supporting documentation submitted by the Contractor, recommended to the Owner the amount that the Contractor is to be paid on monthly estimates as required by the Construction Contract. Such recommendation for payment to (lie Contractor shall not be a representation that the Engineer: (i) has made exhaustive or continuous on-site observations to check the quality or quantity of the Contractor's work, (ii) has reviewed construction means, methods, techniques, sequences, or procedures, (iii) has reviewed copies of invoices received from subcontractors, material suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (iv) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or (v) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, claims, security interests or encumbrances. 3 oN (f) Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Contractor, an inspection to determine if the work is substantially complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a final inspection together with the Owner and the Contractor to determine if the work has reached final completion so that the Engineer may recommend final payment to the Contractor. If appropriate, make recommendations to the Owner for final payment to the Contractor. (g) Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees, marked up record documents received from the Contractor, which reflect field changes to the bid documents. The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that the reflected field changes are complete and correct. (It) Prepare Project record drawings incorporating compiled change orders and field changes that are received fi•om the Owner and the Contractor. One (1) preliminary copy and one (1) final copy of 1 tall paper copy prints of"Record Drawings" will be submitted by the Engineer to the Owner. (i) Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall deliver the electronic files, on CD, to the Owner. Record drawings on electronic files furnished to the Owner are for the convenience of the Owner only. The set of Record Drawings, which are stamped by the F,ngineer, shall be the sole documents relied upon by the Owner as a reflection of the condition of the project location after completion of the construction activities. 4 of 4 ADDENDUM TO EXHIBIT C Worlc Schedule Duration Completion Date East Segment Project Construction Jun 15, 2013 Feb 15, 2014 West Segment Project Constructio» TBD TBD M CO 00 t - O 00 O" 00 Lry r- In CO M J M —Co 00 C'O t- d O to C1 h r 00 lA EF? 69- 69 C 0 O O O yj O O O O C O CJ d C? V 64 69 69 69 .O 3 L7 N O O d C7 O �+ O O ++ 0 y L 64 Cf3 69 cf 69 y O o p R rn '1rl0 m to 6 C6 O 0 J � � M M .D N O J 3 SOD Cfl (Q o F- O N (D M OO .a J •� N U O � U N F- L7 C (ll U N E CL � o a C .O o 0 0 m U 4 c City of Round Rock 'ROUND ROCK TEXAS wxwsE. v,�on raosrrnrtt Agenda Item Summary Agenda Number: F.4 Title: Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 2 with CP&Y, Inc. for the FM 3406 Roadway Improvement Project. Type: Resolution Governing Body: City Council Agenda Date: 6/27/2013 Dept Director: Gary Hudder, Transportation Director Cost: $99,783.87 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Resolution, Exhibit A, Map - FM 3406 Text of Legislative File 13-439 FM 3406 will widen the existing FM 3406 from IH 35 to Creek Bend Boulevard from an undivided four lane facility to a four lane divided urban roadway. The City Council approved the initial professional engineering agreement with CP&Y, Inc. on September 24, 2009 for $799,661.76. The scope included the necessary engineering and technical services for completion of environmental studies; public involvement; surveying and mapping; right-of-way mapping; schematic development; and preparation of plans, specifications, and estimates for this project. Supplemental Contract No. 1 was approved by the City Council on March 8, 2012 at a decreased cost of $125,847.18 to reduce the scope engineering services for this project. Supplemental Contract No. 2 is needed for the preparation of two sets of construction plan, one for FM 3406 west of Chisholm Trail Road and one for east of Chisholm Trail Road, and bid and construction services at a cost of $99,783.87. The total cost of engineering services to date would be $774,598.45. Cost. $99,783.87 Source of Funds: Type B Corporation Staff recommends approval. Cify of Round Rock Page 1 Printed on 612512013 P=4 < � ::D z I O w (D ::D J x C)tf 0 w o STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL. CONTRACT NO.2 TO CONTRACT FOR ENGINEERING SERVICES FIRM: CP&Y, INC. ("Engineer") ADDRESS: 10415 Morado Circle, Bldg 1, Suite 200, Austin, TX 78759 PROJECT: FM 3406 Roadway Improvement This Supplemental Contract No. 2 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and CP&Y, Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 8th day of October, 2009 for the FM 3406 Roadway Improvement Project in the amount of $779,661.76; and WHEREAS, the City and Engineer executed Supplemental Contract No. I on March 8, 2012 to amend the scope of services and to decrease the compensation by $125,847.18 to a total of $653,814.58; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $99,783.87 to a total of $753,598.45; NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: I. Article 2, Engineering Services and Exhibit B, En ing_eeringServices shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. _Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $99,783.87 the lump sum amount payable under the Contract for a total of $753,598.45, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. Supplemental Conlract Rev. 12/01/08 0199.7126;00275934 84275 Date CITY O OUND OCK 4Steph, ED AS TO ORM: By: As Alan McGraw, Mayor Sheets, City Attorney Date Supplemental Contract Rev.12/01/08 0199.7126;00275934 84275 ADDENDUM TO EXHIBIT B Engineering Sei-vices The changes to the scope of this project are as follows: The FM 3406 Roadway Improvement Project will widen the existing FM 3406 pavement intermittently from Sam Bass Road to North Mays Street to provide left- and right -turn lanes at key intersections. The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, and preparation of plans, specifications and estimates for the project. Design services related to the design and plan production for this project will be performed in accordance with the latest available TxDOT manuals from the design collection located on the TxDOT website. The roadway will be designed based on (311) design criteria. The development of the project will be consistent with TxDOT design procedures and practices. This project will be developed utilizing Microstation V8 and Geopak 2004. Project Setup Two sets of construction plans will be prepared for the project limits, each plan<set capable of being let for construction independently. The first set of construction plans will consist of FM 3406 intersection improvements from the Chisholm Trail Road to North Mays Street. These improvements will generally include: 1. Dedicated right turn lane from Eastbound FM 3406 to Southbound IH 35 SBFR. 2. Dedicated right turn lane from Westbound FM 3406 to Northbound Chisholm Trail Road. 3. Dedicated left and right turn lanes from Southbound IH 35 SBFR to FM 3406. 4. Connection with all auxiliary lane of dedicated right turn lane from Northbound IH 35 NBFR to dedicated right turn lane from Eastbound FM 3406 to Southbound North Mays Street. 5. Dedicated right turn lane from Westbound FM 3406 to Northbound IH 35 NBFR. The second set of construction plans will consist of FM 3406 intersection improvements from Sam Bass Road to the GRR. These improvements will generally include: I . Realignment of Sam Bass Roaduitersection to a 90 -degree configuration of Sam Bass at FM 3406. 2. Widening of FM 3406 at the Sam Bass Road intersection to provide an EastbOUnd right turn lane and Westbound left turn lane. 3. Widening of FM 3406 at the Bent Tree Drive intersection to provide a Westbound left turn lane. 4. Widening of FM 3406 at the Plantation Drive intersection to provide Eastbound and Westbound left turn lanes. The Westbound left turn lane should also allow access to the Old Town Elementary School entrance. 5. Widening of FM 3406 at the Oak [follow Drive intersection to provide a Westbound left turn lane. Agency abbreviations are as follows: City of Round Rock (City), Georgetown Railroad (GRR) Texas Department of Transportation (TxDOT), Texas Department of Transportation Environmental Affairs Division (TxDOT-ENV), Federal Highway Administration (FWHA), Capital Area Metropolitan Planning Organization (CAMPO), Central Texas Regional Mobility Authority (CTRMA), Environmental Protection Agency (EPA), Texas Historical Commission (THC), National Register of Historical Places (NRNP), Federal Emergency Management Agency (FEMA), Texas Commission on Environmental Quality (TCEQ). The tasks and products are more fully described in the following TASK OUTLINE. I of 4 TASK OUTLINE VI. BID AND CONSTRUCTION SERVICES A. BID PHASE SERVICES 1. East Segment -- Chisholm Trail Road to North Mays Street (a) The Engineer will prepare contract bid documents and proposals and make them available to the contractors at the Engineer's office. (b) The Engineer will assist the City at contract bid opening. (c) The Engineer will tabulate the bids, research low bidder and make a recommendation of award to the City. 2. West Segment — Sam Bass Road to Oak Flollow Drive (a) The Engineer will prepare contract bid documents and proposals and make thein available to the contractors at the Engineer's office. (b) The Engineer will assist the City at contract bid opening. (c) The Engineer will tabulate the bids, research low bidder and make a recommendation of award to the City. B. CONSTRUCTION PHASE SERVICES 1. East Segment — Chisholm Trail Road to North Mays Street (a) Attend one (1) pre -construction conference with the Owner and the Contractor, review the Contractor's construction scliedule and issue meeting notes to the Owner. Attend twelve (12) biweekly project meetings and issue meeting notes to the Owner for each intersection. (b) Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent and reasonably inferable from the Construction Contract Documents. (c) Make recommendations to the Owner regarding change orders as appropriate and when directed by the Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result from significant changes in the scope, extent, or character of the Project designed by the Engineer, is not included in this scope of services. (d) Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and mill tests of material and test equipment and other data as required by the Construction Contract Documents, but only for conformance with the design concept indicated in the Construction Contract Documents. Such reviews will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. (e) Review the Application for Payment and supporting documentation submitted by the Contractor, recommended to the Owner the amount that the Contractor is to be paid on monthly estimates as required by the Construction Contract. Such recommendation for payment to the Contractor shall not be a representation that the Engineer: (i) has made exhaustive or continuous on-site observations to check the quality or quantity of the Contractor's work, (ii) has reviewed construction means, methods, techniques, sequences, or procedures, (iii) has reviewed copies of invoices received from subcontractors, material suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (iv) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or (v) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, claims, security interests or encumbrances. 2 of 4 (f) Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Contractor, an inspection to determine if the work is substantially complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a filial inspection together with the Owner and the Contractor to determine if the work has reached final completion so that the Engineer may recommend final payment to the Contractor. If appropriate, make recommendations to tine Owner for final payment to the Contractor. (g) Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees, marked up record documents received from the Contractor, which reflect field changes to the bid documents. The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that the reflected field changes are complete and correct. (h) Prepare Project record drawings incorporating compiled change orders and field changes that are received from the Owner and the Contractor. One (1) preliminary copy and one (1) final copy of 11xI7 paper copy prints of "Record Drawings" will be submitted by the Engineer to the Owner. (i) Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall deliver tine electronic files, on CD, to the Owner. Record drawings on electronic files furnished to the Owner are for the convenience of the Owner only. The set of Record Drawings, which are stamped by the Engineer, shall be the sole documents relied upon by the Owner as a reflection of the condition of the project location after completion of the construction activities. 2. West Segment — Sam Bass Road to Oak follow Drive (a) Attend one (1) pre -construction conference with the Owner and the Contractor, review the Contractor's construction schedule and issue meeting notes to the Owner. Attend twelve (12) biweekly protect meetings and issue meeting notes to the Owner for each intersection. (b) Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent and reasonably inferable from the Construction Contract Documents. (e) Make recommendations to the Owner regarding change orders as appropriate and when directed by the Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result fi-om significant changes in the scope, extent, or character of the Project designed by tine Engineer, is not included in this scope of services. (d) Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and mill tests of material and test equipment and other data as required by the Construction Contract Documents, but only for conformance with the design concept indicated in the Construction Contract Documents. Such reviews will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. (e) Review the Application for Payment and supporting documentation submitted by the Contractor, recommended to the Owner the amount that the Contractor is to be paid on monthly estimates as required by the Construction Contract. Such recommendation fo- payment to the Contractor shall not be a representation that the Engineer: (i) has made exhaustive or continuous on-site observations to check the quality or quantity of the Contractor's work, (ii) has reviewed construction means, methods, techniques, sequences, or procedures, (iii) has reviewed copies of invoices received fiom subcontractors, material suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (iv) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or (v) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, claims, security interests or encumbrances. 3 ofel (f) Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Contractor, an inspection to determine if the work is substantially complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a final inspection together with the Owner and the Contractor to determine if the work has reached final completion so that the Engineer may recommend final payment to the Contractor. If appropriate, make recommendations to the Owner for final payment to the Contractor. (g) Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees, marked up record documents received from the Contractor, which reflect field changes to the bid documents. The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that the reflected field changes are complete and correct. (h) Prepare Project record drawings incorporating compiled change orders and field changes that are received fi-om the Owner and the Contractor. One (1) preliminary copy and one (1) final copy of 1 tx17 paper cop), prints of "Record Drawings" will be submitted by the Engineer to the Owner. (i) Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall deliver the electronic files, on CD, to the Owner. Record drawings on electronic files furnished to the Owner are for the convenience of the Owner only. The set of Record Drawings, which are stamped by the Engineer, shall be the sole documents relied upon by the Owner as a reflection of the condition of the project location after completion of the construction activities. 4 of 4 ADDENDUM TO EXHIBIT C Work Schedule Duration Completion Date East Segment Project Construction Jun 15, 2013 Feb 15, 2014 West Segment Project Construction TBD TBD n K W E Q OR M CO 00 I- O 00 m CO fq •"- � CO M J M M CO Q M O h OO to M F— r 00 EA Efl H). M ER C 3 0 0 0 0 N O O O O C 0 0 0 6 v to eqi E 9 EA .G O N `y O 0 0 o 0 . o o +r O y � Nr vyO p o OCR coo O 0 J ~ 4 co� 0 M d 0) L 09 J 3 O O ( M co co O NCJ J m N U O H � N Q1 N U E C 0. Ups N ui CO C N N o o Z Ile t- m Fcu -