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HomeMy WebLinkAbout17- Amendment 1 to PSA - Advanced Engineering and Environmental Services, Inc. (AE2S) - Lyman Creek Water System ProjectAMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOZEMAN (OWNER) AND ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC. (ENGINEER) This Amendment No. 1 ("Amendment") dated Mpvl,4 q, 2017 ("Effective Date") amends and supplements the Professional Services Agreement between the City of Bozeman, a Municipal Corporation, Bozeman, Montana 59715 (OWNER) and Advanced Engineering and Environmental Services, Inc., 1050 E. Main Street, Suite 2, Bozeman, Montana 59715 (ENGINEER) dated August 24, 2015 ("Agreement") as indicated below. This Amendment is executed pursuant to Section 9.16 of the Agreement. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this Amendment remain in full force and effect. ARTICLE 1 - ENGINEERING SERVICES A. Delete Section 1.1 in its entirety and replace with the following: "This project consists of monitoring and controls improvements to the Lyman Spring junction box, Lyman Creek Parshall Flume, and Lyman Water Treatment Plant flow control valve. The detailed description of the specific project components added or modified by this Amendment is provided in Exhibit A, incorporated by reference herein. Task 1.0 Project Management (for Survey and Lyman Spring Study) Task 1.1 City of Bozeman Property Line and Topographic Survey Task 1.2 Lyman Spring Study Task 1.3 Project Management (for this Amendment No. 1) Task 1.4 Preliminary Engineering Report Task 1.5 Final Design Task 1.6 Bid Services Task 1.7 Construction Administration and Observation Task 1.8 I&C Integration and SCADA Programming" ARTICLE 2 - ENGINEER'S RESPONSIBILITIES A. In Section 2.5, delete the words "Gary Cline" and replace with "R. Nathan Weisenburger". ARTICLE 4 - BASIC ENGINEERING SERVICES A. Delete Section 4.2 in its entirety and replace with the following: After acceptance of the pre -design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survey; The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.5. Permits and Rights -of -Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan -in -hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within 45 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services." B. Delete Section 4.3 in its entirety and replace with the following: "4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. 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, special provisions, technical specifications, and standard drawings, and other related contract 3 documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 45 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services." C. Delete Section 4.4 in its entirety and replace with the following: "4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre- bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the Bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents." D. Delete Section 4.5 in its entirety and replace with the following: "4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4 4.5. 1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT B - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this Amendment and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as assigned here -in shall not be modified except as the ENGINEER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services during construction: 4.5.1.1 Schedule and conduct a pre -construction conference. �rrr_eszsr: NMI 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complete the project original design concept. 4.5.1.11lnspect the project and when appropriate, and after conferring with OWNER, issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12Prior to recommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the construction was completed in accordance with the approved plans and specifications and is performing in accordance with the design concept. 4.5.1.13Twenty-three months after project substantial completion schedule and conduct with the Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist and if the project is performing in accordance with the design concept. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT C - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of this Amendment. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre -construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this amendment shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents." E. Delete Section 4.6 in its entirety and replace with the following: "4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER." ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE A. In the first sentence of paragraph 6.1.1, delete the number "$131,511" and replace with the number "$118,837". B. Delete in its entirety the second sentence: "'The O)AW:u shall pay „ net to exeeoa affie nt 'I' t Well Dr -i l ng s„1-,,..,,,+,..,. ter's sf $1 Qn 000 ' o o , C. Delete Section 6.2 in its entirety and replace with the following: "6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $18,096 except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.0 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.61 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $ 1,065, which includes $ 0.00 for consultants employed by the Engineer and $ 0.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit A. 7 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.0 , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER." ARTICLE 7 — MEANING OF TERMS A. Delete the direct labor costs for Principals, Project Manager and Clerical and replace with the following: 2017 Direct Personnel and Classification Labor Cost Scott Buecker, Senior Project Manager $62.74 Scott Jungwirth, Engineer 1 $28.32 James Sletten, I&C Tech II $29.25 Ross Hanson, I&C Tech IV $46.15 In witness whereof, the Parties hereto do make and execute this Amendment. CITY OF BOZEMAN, MONTANA ENGINEER r /""- BY: BY`: Manager (Operations Ma ger) DATE: ATTEST:` 130 � . 17 BY: `iI1V C DATE: 1/ 11514 2D/-7 Exhibit A Amendment No. 1 to the Bozeman Lyman Creek System Expansion PER Scope and Fee for Lyman Spring Junction Box Monitoring and Control Improvements BACKGROUND Multiple workshops were held with the City of Bozeman in May and June of 2016, regarding the risk, cost and potential benefits of well drilling at Lyman Spring. The outcome of these meetings was a decision to forego drilling the spring in the near-term, and instead utilize some of the budget originally allotted to the drilling phase for controls improvements to the existing spring junction box and flow control valve in the Lyman Water Treatment Plant (WTP). The purpose of the controls improvements is to improve capture of the water currently lost as overflow to the headwaters of Lyman Creek, within the City's annual and instantaneous water right (4,346 ac-ft/yr and 2,671 gpm, respectively). Based on 330 measurements of the overflow from 2010 through the end of 2015, the rate of flow averaged 513 gpm. Efforts to minimize this overflow (via more frequent trips to the junction box and adjustments to the flow setpoint) have reduced this loss rate in recent years, but the average is still over 250 gpm, and ranges well above 500 gpm during the periods of highest spring production. Controls Improvements Project to Eliminate Spring Box Overflow Flow control from the spring box can be automated by continuously monitoring the level in the spring box and using the level to automatically adjust the flow rate setpoint that the existing Cla-Val flow controller can use to adjust the flow control valve in the chemical treatment facility. The level in the junction box will be measured with a submersible pressure transducer that will be anchored to the spring box to measure the water level above it. The level signal from the transducer will need to be transmitted to the Lyman WTP. This would be done via radio between the spring box and the chemical treatment facility. The level transducer and radio would both be run using 12 or 24V direct current (DC) power, which can be provided by a conventional battery system since very little power is required. Routing power to the level sensing and radio system from power supply at the chemical treatment facility would be very expensive for the little amount of power that will be required. Batteries could instead be charged by installing power from a small solar panel array, or by installing pico hydropower on the Lyman transmission pipeline. Identification of the source of 1 power will need to be completed before a final cost can be provided for completion of the work. • Solar would need to be installed up and out of the canyon to provide consistent power, along with a signal repeater for the radio. Locating the panel on the ridge between the spring and the chemical treatment facility may trigger resistance from local property owners. The signal cable for the level transducer would need to be direct -buried from the transmitter and solar panel to the spring junction box. • Pico hydropower could be installed within the upper pressure reducing vault. This would simplify burial of the signal cable, as it would follow the existing road. However, a radio repeater would still be needed near the mouth of the canyon, or a signal would need to "flood" Lyman canyon to be transmitted to the chemical treatment facility. The determination of how to power the radio signal will be made with preliminary design and a cost -benefit comparison between solar and pico hydropower. The spring box level signal will be received by a new receiver installed at the chemical treatment facility, and fed into a Programmable Logic Controller (PLC). The PLC will convert the level to a flow rate setpoint for the existing flow controller for the the Cla-Val. The level will be converted to a flow setpoint through pre -configured stages, where several ranges of water level can each be configured to have a corresponding flow set point. Alternatively, the PLC could also directly calculate the flow setpoint by using Proportional -Integral -Derivative (PID) control that is integral to the PLC. The setpoints will be adjustable by an operator through an operator interface installed in the PLC control panel at the WTP. The City requested that with these monitoring and controls improvements, the level sensing and flow calculation utilized at the lower Parshall flume on Lyman Creek ("Two Foot Flume") also be incorporated to SCADA for long-term continuous monitoring. This will require a new level sensor, transmitter, power source and radio; and programming to accept the signal and translate it to a creek flow. The scope and fee included herein replaces the remaining scope of the Lyman Creek Water System Expansion project. N Lyman Spring Junction Box Monitoring and Control Improvements Scope and Fee Description: The following tasks have been added to the original Tasks 1.0 through 1.2. The scope and fee for original task 1.3, "Test Well Drilling", has been cancelled and is replaced with the following tasks 1.3 through 1.8. Task 1.3 - Project Management Tasks • Overall Management of Schedule and Budget for Project • Development of Project Management Plan • Bi -Weekly Team Coordination Conference Calls • Monthly Progress Reports Deliverables • Monthly Progress Reports Total (Proposed • 12 Hours Hours/Total Fee) • $2,472 Task 1.4 — Preliminary Engineering Report Tasks • Solar and pico-hydro power sources will be evaluated to determine • ENGINEER shall generate plans and specifications for installation of the most cost-effective means of providing power to level sensing and Lyman Spring Junction Box Monitoring and Controls Improvements, signal transmission equipment. Level sensing and transmitters will be which will include monitoring improvements to the Two Foot Parshall in two locations: Flume on lower Lyman Creek. ■ Lyman Spring Junction Box • Preliminary Sheet List: ■ Lower Parshall Flume (Two Foot Flume) ■ Overall Site Layout (two sheets) • Determine optimum location and design requirements for an air -relief ■ Electrical Single -Line Diagram station upstream of the uppermost PRV Station. • Evaluate suitability of existing flow control valve positioner and micro - PLC for use with level signal from spring junction box. • Determine best means of installing signal wire and electrical conduit between power source, level sensor and radio transmitter • Provide preliminary cost estimate for construction of improvements Deliverables • Preliminary Engineering Report • Civil Site Plan showing overall layout • Preliminary Process & Instrumentation Diagram Meetings • Preliminary Engineering Workshop Total Proposed Hours • 104 hours and Fees • $13,360 Task 1.5 — Final Design Tasks • ENGINEER shall generate plans and specifications for installation of Lyman Spring Junction Box Monitoring and Controls Improvements, which will include monitoring improvements to the Two Foot Parshall Flume on lower Lyman Creek. • Preliminary Sheet List: ■ Overall Site Layout (two sheets) ■ Electrical Single -Line Diagram Task 1.6 — Bid Services ® Process & Instrumentation Diagram • Engineer shall provide the following services during construction: ■ Power Source, Junction Box, and Radio Transmitter detail sheets • (two, one each for Junction Box and Two Foot Parshall Flume) Deliverables • 90% Set of plans and specifications: Three (3) hardcopies and USB Response to Contractor Questions • Engineer's Opinion of Probable Construction Cost • • City's review comments will be incorporated into the 90% Design Set, and processing 100% design drawings and specifications will be re -issued for final Pre -Bid Conference review (three (3) hardcopies and USB stick). • • Drawing deliverables will be 11x17 format. USB stick will have pdf and ■ Provide Record Drawings CAD files. Meetings • Final Design Workshop — 90% Design will be presented to the City. • Review comments will be incorporated into 100% Design Set. Total Proposed Hours • 120 Hours and Fees • $15,248 Task 1.6 — Bid Services Tasks • Engineer shall provide the following services during construction: Tasks • Bid Document Distribution ■ Respond to Requests for Information (RFls) • Response to Contractor Questions • Addenda and processing • Pre -Bid Conference • Bid Opening, Reviews ■ Provide Record Drawings • Recommendation of Award of Contract Deliverables • Conformed Documents (Plans and Specifications) 42 work days) construction period has been assumed for the purpose of o PDF (11 x 17 and 22 x 34 PDF drawings, Specifications) o AutoCAD Drawings o MS Word Specifications • Addenda as Required • Bid Recommendation Letter Total Proposed Hours • 36 Hours and Fees • $4,576 Task 1.7 — Construction Administration and Observation Tasks • Engineer shall provide the following services during construction: ■Construction Observation and Documentation ■ Respond to Requests for Information (RFls) ■ Review shop drawings and submittals ■ Process Requests for Change Orders and provide recommendations and processing ■ Review and certify Contractor's applications for payments ■ Conduct substantial and final completion reviews, punchlist tracking ■ Provide Record Drawings • Engineer shall provide daily visits to site. Visits shall last 1 to 4 hours depending on work in progress by Contractor. A 60 day (Approximately 42 work days) construction period has been assumed for the purpose of this fee proposal. Deliverables ® Construction Observation Updates (Daily) ® Instrumentation and Controls Technician shall integrate signals sent • RFI responses from transmitters at the Lyman Spring Junction Box and two foot • Submittal Reviews Parshall flume. • Change Order responses • Instrumentation and Controls Technician shall provide • Progress Payment certifications Total Proposed Hours • 116 Hours and Fees • $13,520 Task 1.8 — Instrumentation and Controls Integration and SCADA Programming Tasks ® Instrumentation and Controls Technician shall integrate signals sent Lump Sum from transmitters at the Lyman Spring Junction Box and two foot Lump Sum Parshall flume. Lump Sum • Instrumentation and Controls Technician shall provide T&M programming services for: Lump Sum ■ Monitoring, recording and conversion of level signal from Lump Sum Lyman Spring Junction Box to the flow control valve position Time and Materials Fee Subtotal $13,520 at the Lyman Treatment Plant. ■ Monitoring, recording and conversion of level signal from two foot Parshall flume to a flow estimation for lower Lyman Creek. ■ Support services to ensure flow signals, adjustment of valve and resulting spring diversion flows are received and transmitted to the Sourdough Water Treatment Plant's SCADA system and HMIs located at the City Shop Complex and Sourdough WTP. Deliverables • N/A Total Proposed Hours • 64 Hours and Fees • $6,888 Fee Summary: Task 1.3 1 Project Management $2,472 Lump Sum Task 1.4 Preliminary Engineering Report $13,360 Lump Sum Task 1.5 Final Design $15,248 Lump Sum Task 1.6 Bid Services $4,576 Lump Sum Task 1.7 Construction Administration and Observation $13,520 T&M Task 1.8 I&C Integration and SCADA Programming $6,888 Lump Sum Reimbursable Expenses (Travel, Document Production) $1,065 Lump Sum Lump Sum Fee Subtotal $43,609 Time and Materials Fee Subtotal $13,520 Lyman Spring Junction Box Monitoring and Controls Improvements $57,129 Fee Total 5 EXHIBIT B TO AMENDMENT NUMBER 1 OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER'S REPRESENTATIVE ENGINEER will be OWNEWs representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT C TO THIS AMENDMENT, A LISTING OF THE DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub -contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 7 EXHIBIT C TO AMENDMENT NUMBER 1 OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. ARTICLE 11 - DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Amendment are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this Amendment and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project -related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 11.2.3.2.Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPWs recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2.Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 2 11.2.9. Reports: 11.2.9.1.Fumish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3.Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4.Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Amendment or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 4