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R-05-12-01-9F1 - 12/1/2005RESOLUTION NO. R -05-12-01-9F1 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Camp Dresser and McKee, Inc. for the design of the Westinghouse Road Tank Improvements, and WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental Agreement No. 1 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. 1 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. 1 to the Agreement for Engineering Services with Camp Dresser and McKee, Inc., a copy of same being attached hereto as Exhibit "A" purposes. The City Council hereby and incorporated herein for all 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 .aa 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 1st day of December, 2005 ST:. CHRISTINE R. MARTINEZ, City Secretary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLVPI/R51201F1.WPD/sc L ayor Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: Camp Dresser & McKee Inc. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway Suite 210 PROJECT: Westinghouse Road Tank Improvements This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Camp Dresser & McKee Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 5th day of August, 2005 for the Westinghouse Road Tank Improvements in the amount of $24,500.00; 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 $82,100.00 to a total of $106,600.00; and 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, 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 Exhibit D, Fee Schedule shall be amended by increasing by $82,100.00 the lump sum amount payable under the Contract for a total of $106,600.00, 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 cdm-westinghousetankimp; WTO5REHAB56; 92299 1 a .o a EXHIBIT nAn Rev.03/02/04 84275 Date CITY OF ROUND ROCK By: Nyle Maxwell, Mayor Date Supplemental Contract cdm-westinghousetankimp; WT05REHAB56; 92299 2 APPROVED AS TO FORM: Stephan L. Sheets, City Attorney Rev.03/02/04 84275 ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: PROJECT DESCRIPTION The project consists of three separate items that will be consolidated into a single design and construction contract. The items are as follows: 1) Design of improvements to level the existing ground storage tank and to prevent it from settling in the future. This may include site improvements to redirect surface water away from the tank foundation. 2) Supplemental Agreement No. 1 -- Design of two new well pumps to provide water from Well No. 5 and Well No. 6 to the ground storage tank. The size of the pumps will be based on information provided by the City. These improvements will include electrical and instrumentation improvements to allow control of the flow from the well based on level as recommended by the City's consulting hydrogeologist. 3) Supplemental Agreement No. 1 -- Inclusion of ground storage tank surface preparation and painting specifications and details from another City contractor. PRE -DESIGN SERVICES 1) ENGINEER shall provide topographic survey of the required area of the ground storage tank site. The topographic survey will locate all physical features on the site including trees larger than 8 -inches in diameter. The survey will be performed to allow development of one foot contours to be used during the design of the tank improvements. Survey will be on City of Round Rock coordinate and elevation system. (subcontracted service) ENGINEER shall coordinate with surveyor so that design requirements are communicated and that issues encountered during the field surveys are addressed. 2) ENGINEER shall provide soil boring(s) at the site and foundation recommendations for the tank improvements. (subcontracted service). ENGINEER shall coordinate with geotechnical engineer so that design requirements are communicated and that issues encountered during the geotechnical field work are addressed. The ENGINEER shall work with the geotechnical engineer and investigate foundation alternatives that provide the most economical system for the Owner. 3) Supplemental Agreement No. 1 -- ENGINEER shall review information provided by the CITY regarding the existing wells and recommendations from the City's consulting hydrogeologist regarding the size of the new well pumps. DESIGN PHASE 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. 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. 4. 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. 5. Furnish three copies of the above documents, Drawings and Specifications to and review them with OWNER. 6. 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. 7. Supplemental Agreement No. 1 -- ENGINEER shall incorporate the information from HOT Inspection Services regarding the rehabilitation of the existing ground storage tank into the Drawings and Specifications. 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 a prebid meeting to present project to prospective bidders and respond to questions raised by prospective bidders. 5. 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: 1. 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: 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. ENGINEER shall not make more than three (3) site visits during the construction phase. 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. 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. S. 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 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 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 2000. 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. 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. ADDENDUM TO EXHIBIT C Work Schedule The changes to the scope of this project are as follows: Notice to Proceed Design Phase Services Bidding Phase Services Construction Phase Services Begin Construction Phase Services Complete November 7, 2005 April 30, 2006 July 15, 2006 September 1, 2006 May 31, 2007 ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: Basic Special Services Services Pre -Design Services $ 1,500 Surveying $ 2,000 Geotechnical Testing $ 1,500 Design Phase Services Bidding Phase Services Construction Phase SUBTOTALS $ 9,500 $ 2,300 $ 7,700 $19,500 $ 3,500 TOTAL $24,500 SUPPLEMENTAL AGREEMENT NO. 1 Well No. 5 and No. 6 Mechanical Design $15,000 Electrical & Instrumentation Design $58,100 Tank Recoating Services $9,000 TOTAL $82,100 TOTAL OF ORIGINAL AGREEMENT AND SUPPLEMENTAL AGREEMENT No. 1 -- $106,600 lkit$41,0"i , S: \Graphics \ Coundl Agenda getne\Englneenng \ 2005 \Water litilityadestinghouse.mxd - 11/4/2005 © 11:10:37 AM DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: 9.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 to the Contract for Engineering Services with Camp, Dresser & McKee, Inc. for the Westinghouse Road Tank Improvements. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Utilities Director Justification: The original contract with CDM provides for a design to solve foundation problems with the tank. A capacity evaluation of the site was performed by R.W. Harden Associates under separate agreement showing the water capacity of the site can be increased with rehabilitation of the existing pumps and related equipment. Additionally, the tank is scheduled to be sandblasted and painted under the Utility CIP schedule. This Supplemental Contract will include the design of tank painting, structural repairs to the tank, and design of two new well pumps, site piping upgrades, electrical, and instrumentation improvements to rehabilitate the site. Funding: Cost: $82,100.00 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: Camp Dresser & McKee, Inc. Background Information: The Westinghouse Road 100,000 gallon Water Tank has settled causing the tank to lean. The initial contract with CDM was to design a correction for the tanks foundation problem. These wells and tank site were built in 1971 and well pumps and controls are in need of major rehabilitation to continue the reliable operation of the site. In addition to the rehabilitation, the improvements will increase the capacity of the site by approximately 144,000 gallons per day. Public Comment: N/A STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: Camp Dresser & McKee Inc. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway Suite 210 PROJECT: Westinghouse Road Tank Improvements This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Camp Dresser & McKee Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 5th day of August, 2005 for the Westinghouse Road Tank Improvements in the amount of $24,500.00; 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 $82,100.00 to a total of $106,600.00; and 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, 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 Exhibit D, Fee Schedule shall be amended by increasing by $82,100.00 the lump sum amount payable under the Contract for a total of $106,600.00, 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 cdm-westinghousetankimp; WTO5REHAB56; 92299 R -05 -1Q -01-9F/ Rev.03/02/04 84275 CAMP PI RESSER Mc E IN By: Date CITY OF By: N r Pre xwe , Mayor )r2 -o1- &g® est - 1.), /obi h itt- Date Supplemental Contract cdm-westinghousetankimp; WT05REHAB56; 92299 2 .%p• Ste OVED AS Tp FORM: L an L. Sheets, City Attorney Rev.03/02/04 84275 ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: PROJECT DESCRIPTION The project consists of three separate items that will be consolidated into a single design and construction contract. The items are as follows: 1) Design of improvements to level the existing ground storage tank and to prevent it from settling in the future. This may include site improvements to redirect surface water away from the tank foundation. 2) Supplemental Agreement No. 1 -- Design of two new well pumps to provide water from Well No. 5 and Well No. 6 to the ground storage tank. The size of the pumps will be based on information provided by the City. These improvements will include electrical and instrumentation improvements to allow control of the flow from the well based on level as recommended by the City's consulting hydrogeologist. 3) Supplemental Agreement No. 1 -- Inclusion of ground storage tank surface preparation and painting specifications and details from another City contractor. PRE -DESIGN SERVICES 1) ENGINEER shall provide topographic survey of the required area of the ground storage tank site. The topographic survey will locate all physical features on the site including trees larger than 8 -inches in diameter. The survey will be performed to allow development of one foot contours to be used during the design of the tank improvements. Survey will be on City of Round Rock coordinate and elevation system. (subcontracted service) ENGINEER shall coordinate with surveyor so that design requirements are communicated and that issues encountered during the field surveys are addressed. 2) ENGINEER shall provide soil boring(s) at the site and foundation recommendations for the tank improvements. (subcontracted service). ENGINEER shall coordinate with geotechnical engineer so that design requirements are communicated and that issues encountered during the geotechnical field work are addressed. The ENGINEER shall work with the geotechnical engineer and investigate foundation alternatives that provide the most economical system for the Owner. 3) Supplemental Agreement No. 1 -- ENGINEER shall review information provided by the CITY regarding the existing wells and recommendations from the City's consulting hydrogeologist regarding the size of the new well pumps. DESIGN PHASE 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. 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. 4. 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. 5. Furnish three copies of the above documents, Drawings and Specifications to and review them with OWNER. 6. 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. 7. Supplemental Agreement No. 1 -- ENGINEER shall incorporate the information from HOT Inspection Services regarding the rehabilitation of the existing ground storage tank into the Drawings and Specifications. 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: I. 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 a prebid meeting to present project to prospective bidders and respond to questions raised by prospective bidders. 5. 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: 1. 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: 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. ENGINEER shall not make more than three (3) site visits during the construction phase. 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 confonn 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. 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 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 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 2000. 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. 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. ADDENDUM TO EXHIBIT C Work Schedule The changes to the scope of this project are as follows: Notice to Proceed Design Phase Services Bidding Phase Services Construction Phase Services Begin Construction Phase Services Complete November 7, 2005 April 30, 2006 July 15, 2006 September 1, 2006 May 31, 2007 ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: Basic Special Services Services Pre -Design Services $ 1,500 Surveying $ 2,000 Geotechnical Testing $ 1,500 Design Phase Services Bidding Phase Services Construction Phase $ 9,500 $ 2,300 $ 7,700 SUBTOTALS $19,500 $ 3,500 TOTAL $24,500 SUPPLEMENTAL AGREEMENT NO. 1 Well No. 5 and No. 6 Mechanical Design $15,000 Electrical & Instrumentation Design $58,100 Tank Recoating Services $9,000 TOTAL $82,100 TOTAL OF ORIGINAL AGREEMENT AND SUPPLEMENTAL AGREEMENT No. 1 -- $106,600