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R-07-02-08-11D1 - 2/8/2007RESOLUTION NO. R -07-02-08-11D1 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with Camp Dresser & McKee Inc. for the 2005 Raw Water Delivery System Improvements Project, and WHEREAS, Camp Dresser & McKee 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 Camp Dresser & 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 Contract No. 2 to the Contract with Camp Dresser & 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 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 8th day of February, 20 ATTE T : ,,tiruuorn NYL LL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 0:\wdox\RESOLUTI\R70208D1.WPD/rmc Y STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 2 TO CONTRACT FOR ENGINEERING SERVICES FIRM: Camp Dresser & McKee Inc. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin TX 78727 PROJECT: 2005 Raw Water Delivery System Improvements 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 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 14th day of April, 2005 for the 2005 Raw Water Delivery System Improvements Project in the amount of $1,179,600.00; and WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on September 14, 2006 to modify the provisions for the scope of services and to increase the compensation by $132,302.00 to a total of $1,311,902.00; 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 $148,409.00 to a total of $1,460,311.00; 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 $148,409.00 the lump sure amount payable under the Contract for a total of $1,460,311.00, as shown by the attached Addendum to Exhibit D. Supplemental Contract Rev.07/06/06 WA05DELUP SEC #2 84275 109886 - 0199.0055 1 EXHIBIT a a "An IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. Lid1AL..�:-. oe i thee 'fa ,Wo7 Date CITY OF ROUND ROCK APPROVED AS TO FORM: By: Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney Date Supplemental Contract Rev.07106106 WAO5DELUP SEC #2 84275 109886 - 0199.0055 ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: PHASE 1 PRELIMINARY ENGINEERING SERVICES Pre -Design Services 1) ENGINEER shall provide topographic survey of the required area of the raw water pump station site and pipeline route. The topographic survey will locate all physical features on the site including trees larger than 6 -inches in diameter. The survey will be performed to allow development of one foot contours to be used during the design of the facilities and appurtenances. 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. ENGINEER shall provide additional surveying services to include a topographic survey of Mason Ranch Road area for a connection between the existing 30 -inch water line and the new 48 -inch water line, survey of utility potholes, survey of soil boring locations, and additional survey ofnew construction completed following original topographic survey. ENGINEER shall provide easement surveys and easement field notes for the required permanent utility easements and temporary construction easements. ENGINEER shall provide additional easement surveys and tree surveys at the direction of the OWNER to assist in securing the easements needed to construct the project. 2) ENGINEER shall provide soil borings at the raw water pump station site and foundation recommendations for the facilities and appurtenances (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. 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) Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. 3) ENGINEER shall conduct a project kickoff workshop with the OWNER to clarify and define the OWNER's requirements for the project. 4) ENGINEER shall provide an environmental study of the required area to determine wetlands impact, waters of the U.S. impact and endangered species evaluation. ENGINEER shall submit the pre -construction notification report to the U.S. Corps of Engineers. 5) ENGINEER shall provide a Phase I archeological study of the required area to determine cultural, historical and archeological features at the project site. ENGINEER shall submit the Phase I report to the Texas Historical Commission (subcontracted service). 6) ENGINEER shall provide a geological assessment of the required area to determine if sensitive geologic features exist in the project area. The geologic assessment will be incorporated into the stormwater pollution prevention plan (subcontracted service). 7) ENGINEER shall prepare a Stormwater Pollution Prevention Plan for the pipeline route and submit to the TCEQ Water Quality Division. 8) ENGINEER shall prepare the Water Pollution Abatement Plan for the raw water pump station site and submit to the TCEQ Edwards Aquifer Program. 9) ENGINEER shall prepare preliminary design documents for the project and provide to the OWNER for review. 10)ENGINEER shall revise the raw water pump station drawings and raw water pipeline drawings as necessary to change the firm pumping capacity of the raw water delivery system from 48 mgd to 52 mgd. The raw water pump station drawing revisions shall include the discharge piping, raw water meter vault, mechanical drawings, electrical drawings, instrumentation drawings, HVAC drawings and structural drawings. ENGINEER shall also revise the hydraulic model to determine the amount of 48 -inch piping that needs to be replaced with 54 -inch piping and revise the surge model to determine the revisions needed to accommodate hydraulic transients. DRINKING WATER SRF FUNDING ASSISTANCE 1) CDM will prepare the Environmental Information Document (EID) required by the U.S. Environmental Protection Agency (USEPA) for application of the City's Drinking Water State Revolving Fund (DWSRF) as administered by the Texas Water Development Board (TWDB). Preparation of the EID will include the following task components. a) Task 1 — Document the Purpose and Need for Action. CDM will document the purpose and need for the proposed project and will prepare a map of the current facilities planning area. b) Task 2 — Document the Environmental Setting. CDM will conduct research and make site visits, as necessary, to document the existing environment within the vicinity of the proposed project. This synopsis will address geology, hydrology, floodplains, wetlands, climatology, biological resources, cultural resources, economic conditions, and land use. c) Task 3 — Document of Alternatives to the Proposed Action. CDM will document the alternative projects that were considered for implementation besides the proposed action alternative. Alternative solutions and project alignments will be addressed. d) Task 4 — Document the Proposed Action Project Description. CDM will provide a detailed project description of the proposed action that describes any proposed raw water treatment or delivery processes, a listing of project elements and funding sources, any special project elements, and any land that is required and proposed pipeline alignments. Map(s) of proposed project elements and total estimated project costs will also be provided. e) Task 5 — Document Environmental Impacts of the Proposed Project. CDM will identify the primary short-term and long-term impacts of the proposed project. CDM will identify any impacts on future land use development, effects on air quality, impacts on population and land use, public services effects, economic impacts, and any impacts the project might have on environmentally -sensitive areas. f) Task 6 — Document and Coordinate Public Participation — CDM will coordinate with the City of Round Rock to advertise a public hearing notice, the public availability of the EID, and will certify the Hearing Record. CDM will transmit the Notice of Public Hearing and EID Availability, and will coordinate any other documentation procedures associated with the Public Participation process. g) Task 7 —Coordination with Applicable Regulatory Agencies. CDM will initiate contact and coordinate with the agencies responsible for environmental laws applicable to the project. Agency coordination will include, at a minimum, Federal Emergency Management Agency (FEMA), Texas Historical Commission (THC), Texas Parks and Wildlife (TPWD), Texas Water Development Board (TWDB), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), Williamson County Floodplain Administrator. CDM will document all correspondence with above agencies. h) Task 8 — Project Management. CDM will manage the project to promote cost-effective use of the allocated project resources. CDM will manage project team communications with the reviewing agencies and with the City of Round Rock for public hearing coordination and for the day-to-day project inquiries and developments. CDM will invoice the City of Round Rock on a monthly basis and the CDM project manager will serve as the CDM team's primary point -of -contact. 2) ENGINEER will provide additional field services associated with the Drinking Water SRF loan application process. The additional field services will be additional surveying to locate existing trees along the proposed alignment and additional archaeological services along the proposed alignment. 3) ENGINEER will prepare a Preliminary Engineering Report per the requirements of the Texas Water Development Board (TWDB) to support the Drinking Water SRF loan application. The ENGINEER will provide coordination services as required between the CITY and the TWDB. These coordination services will include meeting with the CITY and the TWDB to discuss the loan application and the application process, preparation and review of miscellaneous documents required for the loan application and the TWDB, communications between the CITY and the TWDB associated with the loan application and the application process. 4) ENGINEER shall provide additional geological assessment services as required by USF&W to determine the presence of potential caves that could contain endangered species. ENGINEER shall provide additional services to investigate the potential cave to determine if endangered species are present. ENGINEER will coordinate these investigations with USF&W. 5) ENGINEER shall revise the Engineering Feasibility Report and Environmental Information Document prepared for the TWDB loan for the Raw Water Delivery System Improvements Project to reflect the change in capacity from 48 mgd to 52 mgd. PHASE 2 FINAL DESIGN ENGINEERING SERVICES 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 instruction to bidders, and assist in the preparation of other related documents. ENGINEER shall modify documents in accordance with the recommendations of OWNER. 5) Furnish four copies of the above documents, Drawings and Specifications to the OWNER for review. ENGINEER shall conduct a Drawing and Specification review meeting with the OWNER at 60% complete and 90% complete. 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. 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 prebid 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: 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 to 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 ofConstruuction 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. 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 not 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 for 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)Applicaiions 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 (subj ect 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's 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 provide 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. Post Construction Services 1. ENGINEER shall consult with and advise OWNER and act as OWNER's representative in accordance with the Standard General Conditions to address warranty issues with the General Contractor. ADDENDUM TO EXHIBIT C Work Schedule The changes to the Work Schedule for this project are as follows: Notice to Proceed May 2, 2005 Phase 1 Preliminary Engineering Services Pre -Design Services July 15, 2005 Preliminary Engineering Services August 15, 2005 Phase 2 Final Design Engineering Services Design Phase Services January 31, 2007 Bidding Phase Services April 30, 2007 Construction Phase Services Begin April 15, 2007 Construction Phase Services Complete August 31, 2008 Post Construction Services September 30, 2008 ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: SUPPLEMENTAL AMENDMENT NO. 1 Drinking Water SRF Funding Assistance Prepare Environmental Information Document $44,950 Additional Environmental Field Services $11,070 Prepare SRF Engineering Report and TWDB Coordination $21,500 Subtotal for DWSRF Funding Assistance $77,520 Easement Field Notes Preparation $39,420 Additional Surveying $15,362 Total Supplemental Amendment No. 1 $132,302 Basic Services Special Services Phase 1 Preliminary Engineering Services Pre -Design Services $2,700.00 Surveying $59,500.00 Geotechnical Testing $5,500.00 Project Kickoff Workshop $12,400.00 Preliminary Engineering Services $301,400.00 Edwards Water Pollution Abatement Plan $8,200.00 Edwards Water Pollution Abatement Plan Fee $2,000.00 TCEQ Letter Report Submittal $2,200.00 Pipeline Stormwater Pollution Prevention Plan $5,200.00 Environmental Study Services $7,800.00 Archeological Study Services $7,500.00 Geological Study Services $3,200.00 SUBTOTAL $304,100.00 $113,500.00 PHASE 1 TOTAL $417,600.00 Phase 2 Final Design Engineering Services Design Phase Services 449,800.00 Binding Phase Services 41,200.00 Construction Phase 265,800.00 Post Construction Services $5,200.00 SUBTOTAL 756,800.00 $5,200.00 PHASE 2 TOTAL $762,000.00 PROJECT TOTAL $1,179,600.00 SUPPLEMENTAL AMENDMENT NO. 1 Drinking Water SRF Funding Assistance Prepare Environmental Information Document $44,950 Additional Environmental Field Services $11,070 Prepare SRF Engineering Report and TWDB Coordination $21,500 Subtotal for DWSRF Funding Assistance $77,520 Easement Field Notes Preparation $39,420 Additional Surveying $15,362 Total Supplemental Amendment No. 1 $132,302 SUPPLEMENTAL AMENDMENT NO. 2 Raw Water Pipeline (Revise 12,000 If from 48 -inch to 54 -inch) Revise Drawings $22,752 Revise Surge Analysis $12,426 Revise Hydraulic Model $4,800 Raw Water Pump Station Civil Drawings $12,912 Revise Meter Vault $13,792 Mechanical Drawings $15,020 Electrical/Instrumentation Drawings $15,723 HVACfStructural Drawings $13,404 Additional Easement Surveying River Chase Easement $1,814 Avant Tracts Easements $1,194 US COE Tree Survey $8,400 Additional Environmental Services Geological Assessments Cave Assessments Revise Engineering Feasibility Report and Environmental Information Document Total Supplemental Amendment No. 2 $3,400 $16,200 $6,572 $148,409 SNAP sCo_ leu c _ awialenL_ _ al..m1-1/1912.7@„.az..AM DATE: February 1, 2007 SUBJECT: City Council Meeting - February 8, 2007 ITEM: 11.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 2 to the Engineering Service Contract with Camp Dresser & McKee, Inc. (CDM) for the 2005 Raw Water Delivery System Improvements. Department: Water and Wastewater Utilities Staff Person: Michael Thane, Utilities Director Justification: This Supplemental Agreement is for additional services required of CDM related to the City's Texas Water Development Board (TWDB) Loan in the amount of $12,000,000.00 for the 2005 Raw Water Delivery System Improvements Project and the City's request of CDM to re -design this project to deliver 52 million gallons per day (mgd) and not the original design of 48 mgd. Funding: Cost: $148,409.00 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: Camp Dresser & McKee, Inc. Background Information: Council approved Change Order No. 1 to Keystone Construction, Inc., the Contractor, on January 25, 2007 to construct improvements to increase the Raw Water Pumping Capacity from 48 mgd to 52 mgd (existing capacity is 39 mgd). This increased the construction cost by 20.67% or $871,967.18. The remainder of this project is to replace about 19,000 linear feet of the 1981 30" Raw Water Line with a 54" Raw Water Line. The increase in construction cost of this 54" line to deliver 52 mgd in-leiu of the 48" Raw Water Line to deliver 48 mgd is about $1,200,000.00. Overall this project requires replacing three existing 3.6 mgd pumps with new 8.0 mgd pumps, a motor control center and replacing approximately 20,000 linear feet of 30" CSC raw water line with 54" ductile iron (DI) or steel water line. The estimated construction cost for this project will increase by about $2,000,000.00 for a total of about $15,500,000.00 scheduled for completion in September 2008. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 2 TO CONTRACT FOR ENGINEERING SERVICES FIRM: Camp Dresser & McKee Inc. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin TX 78727 PROJECT: 2005 Raw Water Delivery System Improvements 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 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 14th day of April, 2005 for the 2005 Raw Water Delivery System Improvements Project in the amount of $1,179,600.00; and WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on September 14, 2006 to modify the provisions for the scope of services and to increase the compensation by $132,302.00 to a total of $1,311,902.00; 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 $148,409.00 to a total of $1,460,311.00; 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 $148,409.00 the lump sum amount payable under the Contract for a total of $1,460,311,00, as shown by the attached Addendum to Exhibit D. Supplemental Contract Rev.07/06/06 WAO5DELUP SEC #2 84275 109886 - 0199.0055 R -07-0-0R-111)1 IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. CAMPS ,: R& E NC. By: u f b,ULege;thee nes/ Jeac 141/ 2 ; Wa l Date CITY OF '. • N ':f C Y' a well, Mayor Date APP ORM: Stepha L. Sheets, City Attorney Supplemental Contract Rev.07/06106 WA05DELUP SEC #2 84275 109886 - 0199.0055 2 ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: PHASE 1 PRELIMINARY ENGINEERING SERVICES Pre -Design Services 1) ENGINEER shall provide topographic survey of the required area of the raw water pump station site and pipeline route. The topographic survey will locate all physical features on the site including trees larger than 6 -inches in diameter. The survey will be performed to allow development of one foot contours to be used during the design of the facilities and appurtenances. 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. ENGINEER shall provide additional surveying services to include a topographic survey of Mason Ranch Road area for a connection between the existing 30 -inch water line and the new 48 -inch water line, survey of utility potholes, survey of soil boring locations, and additional survey of new construction completed following original topographic survey. ENGINEER shall provide easement surveys and easement field notes for the required permanent utility easements and temporary construction easements. ENGINEER shall provide additional easement surveys and tree surveys at the direction of the OWNER to assist in securing the easements needed to construct the project. 2) ENGINEER shall provide soil borings at the raw water pump station site and foundation recommendations for the facilities and appurtenances (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. 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) Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. 3) ENGINEER shall conduct a project kickoff workshop with the OWNER to clarify and define the OWNER' s requirements for the project. 4) ENGINEER shall provide an environmental study of the required area to determine wetlands impact, waters of the U.S. impact and endangered species evaluation. ENGINEER shall submit the pre -construction notification report to the U.S. Corps of Engineers. 5) ENGINEER shall provide a Phase I archeological study of the required area to determine cultural, historical and archeological features at the project site. ENGINEER shall submit the Phase I report to the Texas Historical Commission (subcontracted service). 6) ENGINEER shall provide a geological assessment of the required area to determine if sensitive geologic features exist in the project area. The geologic assessment will be incorporated into the stormwater pollution prevention plan (subcontracted service). 7) ENGINEER shall prepare a Stormwater Pollution Prevention Plan for the pipeline route and submit to the TCEQ Water Quality Division. 8) ENGINEER shall prepare the Water Pollution Abatement Plan for the raw water pump station site and submit to the TCEQ Edwards Aquifer Program. 9) ENGINEER shall prepare preliminary design documents for the project and provide to the OWNER for review. 10)ENGINEER shall revise the raw water pump station drawings and raw water pipeline drawings as necessary to change the firm pumping capacity of the raw water delivery system from 48 mgd to 52 mgd. The raw water pump station drawing revisions shall include the discharge piping, raw water meter vault, mechanical drawings, electrical drawings, instrumentation drawings, HVAC drawings and structural drawings. ENGINEER shall also revise the hydraulic model to determine the amount of 48 -inch piping that needs to be replaced with 54 -inch piping and revise the surge model to determine the revisions needed to accommodate hydraulic transients. DRINKING WATER SRF FUNDING ASSISTANCE 1) CDM will prepare the Environmental Information Document (EID) required by the U.S. Environmental Protection Agency (USEPA) for application of the City's Drinking Water State Revolving Fund (DWSRF) as administered by the Texas Water Development Board (TWDB). Preparation of the EID will include the following task components. a) Task 1 — Document the Purpose and Need for Action. CDM will document the purpose and need for the proposed project and will prepare a map of the current facilities planning area. b) Task 2 — Document the Environmental Setting. CDM will conduct research and make site visits, as necessary, to document the existing environment within the vicinity of the proposed project. This synopsis will address geology, hydrology, floodplains, wetlands, climatology, biological resources, cultural resources, economic conditions, and land use. c) Task 3 — Document of Alternatives to the Proposed Action. CDM will document the alternative projects that were considered for implementation besides the proposed action alternative. Alternative solutions and project alignments will be addressed. d) Task 4 — Document the Proposed Action Project Description. CDM will provide a detailed project description of the proposed action that describes any proposed raw water treatment or delivery processes, a listing of project elements and funding sources, any special project elements, and any land that is required and proposed pipeline alignments. Map(s) of proposed project elements and total estimated project costs will also be provided. e) Task 5 — Document Environmental Impacts of the Proposed Project. CDM will identify the primary short-term and long-term impacts of the proposed project. CDM will identify any impacts on future land use development, effects on air quality, impacts on population and land use, public services effects, economic impacts, and any impacts the project might have on environmentally -sensitive areas. f) Task 6 — Document and Coordinate Public Participation — CDM will coordinate with the City of Round Rock to advertise a public hearing notice, the public availability of the EID, and will certify the Hearing Record. CDM will transmit the Notice of Public Hearing and EID Availability, and will coordinate any other documentation procedures associated with the Public Participation process. g) Task 7 —Coordination with Applicable Regulatory Agencies. CDM will initiate contact and coordinate with the agencies responsible for environmental laws applicable to the project. Agency coordination will include, at a minimum, Federal Emergency Management Agency (FEMA), Texas Historical Commission (THC), Texas Parks and Wildlife (TPWD), Texas Water Development Board (TWDB), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), Williamson County Floodplain Administrator. CDM will document all correspondence with above agencies. h) Task 8 — Project Management. CDM will manage the project to promote cost-effective use of the allocated project resources. CDM will manage project team communications with the reviewing agencies and with the City of Round Rock for public hearing coordination and for the day-to-day project inquiries and developments. CDM will invoice the City of Round Rock on a monthly basis and the CDM project manager will serve as the CDM team's primary point -of -contact. 2) ENGINEER will provide additional field services associated with the Drinking Water SRF loan application process. The additional field services will be additional surveying to locate existing trees along the proposed alignment and additional archaeological services along the proposed alignment. 3) ENGINEER will prepare a Preliminary Engineering Report per the requirements of the Texas Water Development Board (TWDB) to support the Drinking Water SRF loan application. The ENGINEER will provide coordination services as required between the CITY and the TWDB. These coordination services will include meeting with the CITY and the TWDB to discuss the loan application and the application process, preparation and review of miscellaneous documents required for the loan application and the TWDB, communications between the CITY and the TWDB associated with the loan application and the application process. 4) ENGINEER shall provide additional geological assessment services as required by USF&W to determine the presence of potential caves that could contain endangered species. ENGINEER shall provide additional services to investigate the potential cave to determine if endangered species are present. ENGINEER will coordinate these investigations with USF&W. 5) ENGINEER shall revise the Engineering Feasibility Report and Environmental Information Document prepared for the TWDB loan for the Raw Water Delivery System Improvements Project to reflect the change in capacity from 48 mgd to 52 mgd. PHASE 2 FINAL DESIGN ENGINEERING SERVICES 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 instruction to bidders, and assist in the preparation of other related documents. ENGINEER shall modify documents in accordance with the recommendations of OWNER. 5) Furnish four copies of the above documents, Drawings and Specifications to the OWNER for review. ENGINEER shall conduct a Drawing and Specification review meeting with the OWNER at 60% complete and 90% complete. 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. 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 prebid meeting to present project to prospective bidders and respond to questions raised by prospective bidders. 5) Attend the bid opening, prepare bid tabulation sheet 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: 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 to 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. 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 not 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 for 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's 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, test 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 ofAcceptability 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 provide 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 Post Construction Services 1. ENGINEER shall consult with and advise OWNER and act as OWNER's representative in accordance with the Standard General Conditions to address warranty issues with the General Contractor. ADDENDUM TO EXHIBIT C Work Schedule The changes to the Work Schedule for this project are as follows: Notice to Proceed May 2, 2005 Phase 1 Preliminary Engineering Services Pre -Design Services July 15, 2005 Preliminary Engineering Services August 15, 2005 Phase 2 Final Design Engineering Services Design Phase Services January 31, 2007 Bidding Phase Services April 30, 2007 Construction Phase Services Begin April 15, 2007 Construction Phase Services Complete August 31, 2008 Post Construction Services September 30, 2008 ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: SUPPLEMENTAL AMENDMENT NO. 1 Drinking Water SRF Funding Assistance Prepare Environmental Information Document $44,950 Additional Environmental Field Services $11,070 Prepare SRF Engineering Report and TWDB Coordination $21,500 Subtotal for DWSRF Funding Assistance Easement Field Notes Preparation Additional Surveying Total Supplemental Amendment No. 1 $77,520 $39,420 $15,362 $132,302 Basic Services Special Services Phase 1 Preliminary Engineering Services Pre -Design Services $2,700.00 Surveying $59,500.00 Geotechnical Testing $5,500.00 Project Kickoff Workshop $12,400.00 Preliminary Engineering Services $301,400.00 Edwards Water Pollution Abatement Plan $8,200.00 Edwards Water Pollution Abatement Plan Fee $2,000.00 TCEQ Letter Report Submittal $2,200.00 Pipeline Stormwater Pollution Prevention Plan $5,200.00 Environmental Study Services $7,800.00 Archeological Study Services $7,500.00 Geological Study Services $3,200.00 SUBTOTAL $304,100.00 $113,500.00 PHASE 1 TOTAL $417,600.00 Phase 2 Final Design Engineering Services Design Phase Services 449,800.00 Bidding Phase Services 41,200.00 Construction Phase 265,800.00 Post Constriction Services $5,200.00 SUBTOTAL 756,800.00 $5,200.00 PHASE 2 TOTAL $762,000.00 PROJECT TOTAL $1,179,600.00 SUPPLEMENTAL AMENDMENT NO. 1 Drinking Water SRF Funding Assistance Prepare Environmental Information Document $44,950 Additional Environmental Field Services $11,070 Prepare SRF Engineering Report and TWDB Coordination $21,500 Subtotal for DWSRF Funding Assistance Easement Field Notes Preparation Additional Surveying Total Supplemental Amendment No. 1 $77,520 $39,420 $15,362 $132,302 SUPPLEMENTAL AMENDMENT NO. 2 Raw Water Pipeline (Revise 12,000 If from 48 -inch to 54 -inch) Revise Drawings $22,752 Revise Surge Analysis $12,426 Revise Hydraulic Model $4,800 Raw Water Pump Station Civil Drawings $12,912 Revise Meter Vault $13,792 Mechanical Drawings $15,020 Electrical/Instrumentation Drawings $15,723 HVAC/Structural Drawings $13,404 Additional Easement Surveying River Chase Easement $1,814 Avant Tracts Easements $1,194 US COE Tree Survey $8,400 Additional Environmental Services Geological Assessments Cave Assessments Revise Engineering Feasibility Report and Environmental Information Document Total Supplemental Amendment No. 2 $3,400 $16,200 $6,572 $148,409