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Ordinance No. 13,119ORDINANCE NO. 13,119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH DUNHAM ENGINEERING, INCORPORATED, FOR ENGINEERING SERVICES ASSOCIATED WITH THE MASSEY TOMPKINS WATER TANK PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY -FOUR THOUSAND AND NO /100 DOLLARS ($154,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Dunham Engineering, Incorporated, for engineering services associated with the Massey Tompkins Water Tank Project. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Dunham Engineering, Incorporated, in an amount not to exceed ONE HUNDRED FIFTY -FOUR THOUSAND AND N01100 DOLLARS ($154,000.00) for engineering services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO1100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent (25 %). ___7 Section 4: This ordinance shall take effect City Council of the City of Baytown. INTRODUCED, READ and PASSED by the Baytown this the 28th day of January, 2016. AT T: O�•epYTO W4, l ftTI1tff-BTZYSCH, City Jerk ,�-� .• V � N APPROVED AS TO FORM: s \qTe OF Z� 4AVCIO RAMIREZ, SR., Ci y ttorney � ••%cobrs0] V.cgallKm Tlc�Cny Co 1\0nlmmca12016Vmumy 28Wutho eDmihomEngmt glncorpaudProfmswnel5irnc6Agrmn Ldm and after its passage by the of the City Council of the City of , Mayor EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Agreement (this "Agreement ") entered into by and between Dunham Engineering, Incorporated, (hereinafter "the Professional ") and the City of Baytown, a home -rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Professional Fees This Agreement authorizes Professional to perform engineering services for the rehabilitation of water tanks on Massey - Tompkins Road (the "Work") for and on behalf of the City. The compensation, including reimbursable expenses, for Professional shall not exceed ONE HUNDRED FIFTY -FOUR THOUSAND AND N01100 DOLLARS ($154,000.00) and shall be on the basis described in Exhibit "A" with reimbursable expenses as described in Exhibit "B." The time schedule for the Work are attached as Exhibit "C." The scope of the Work and projection of costs of the construction project are as denoted in Exhibit "D." Each of these Exhibits "A" through "D" are incorporated into this Agreement by reference for all purposes. 2. Progress Reports Professional shall provide written progress reports to the City regarding the Work and oral reports as requested. Such progress report shall identify the projected time and cost required by the Professional to complete the remaining phases of the Work required under this Agreement. 3. Personnel of the Professional a. Professional's Project Manager Professional shall designate Jimmy D. Dunham, P.E., to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty days' advance written approval from the City's Representative. b. Licensed and Registered Engineers Professional shall keep a full -time registered engineer licensed in the state of Texas on staff and assigned to the Work for the duration of its performance of the Work. C. Data on Professional's Employees Prior to commencement of the Work, Professional shall forward to the City a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, engineers. d. Rejection of Professional's Employees The City reserves the right to approve or reject from the Work any employees of the Professional. EXHIBIT A 4. Designation and Duties of the City's Representative a. The City's Director of Engineering or his designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Professional's usage on the Work and to provide access to City's property and easements. However, the City does not guarantee the accuracy or correctness of the documents so provided. 5. Standards of Performance a. The Professional shall perform all services under this Agreement with the care and skill ordinarily used by members of Professional's profession practicing under the same or similar circumstances, time and locality. Professional shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Professional shall correct such deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations, and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the order for any necessary equipment is made by the City or that the construction specified is bid by the City. (2) If any such equipment is specially manufactured, it shall be identified to the City, and the Contractor and the Seller shall present sufficient data to the City to support the design and the suitability of the equipment. (3) All materials furnished on any City project shall be in accordance with ASTM, ACI, TxDOT, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five years of proven experience in the field, and such satisfactory documentation has been approved by the City's Representative. (4) The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession. 2 EXHIBIT A (5) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or the Professional if superior methods are available for successful operation of equipment and/or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above listed codes and regulations. The Professional shall state the alternative codes and regulations used. (6) Professional agrees the services it provides as an experienced and qualified engineer will reflect the professional standards, procedures, and performances common in the industry for this project. Professional further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (7) Professional shall promptly correct any defective analysis caused by Professional at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Professional's services hereunder or of the Work itself shall in no way alter Professional's obligations or the City's rights under this Agreement. As applicable, Professional shall provide the City with record "as- built" drawings relating to the work, in an electronic format that is acceptable to the City. City shall be in receipt of record drawings, if applicable, prior to final payment. 6. Schedule Professional shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. 7. Instruments of Service Upon execution of this Agreement, Professional grants to the City an ownership interest in the Instruments of Service. Professional shall obtain similar interests from the City and Professional's consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be required to tender to City all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that the City may use the Instruments of Service for any purposes which the City sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the project. As a condition to the City's use of the Instruments of Service, the City hereby expressly agrees to remove Professional's name and all references to Professional and its consultants from the Documents. Provided that this Agreement is not terminated for cause by the City, the City shall release any and all claims which the City could make arising out of or in connection with any reuse of the documents by the City. S. Insurance Professional shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injures to person or damages to property which may 3 EXHIBIT A arise from or in connection with the performance of the Work hereunder by Professional, its agents, representatives, volunteers, employees or subconsultants. a. Professional's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self - insurance maintained by the City, its officials, employees or agents shall be considered in excess of Professional's insurance and shall not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as additional insureds under its policy or shall fiunish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: Commercial General Liability • General Aggregate: $2,000,000 • Ongoing & Completed Operations Aggregate: $1,000,000 • Personal & Advertising Injury: $1,000,000 • Per Occurrence: $1,000,000 • Fire Damage: $50,000 • Coverage shall be broad form CGL. • No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. ■ Waiver of Subrogation required. 2. Business Automobile Policy • Combined Single Limits: $1,000,000 • Coverage for "Any Auto" • Waiver of Subrogation required. 3. Errors and Omissions • Limit: $1,000,000 for this project. • For all architects, engineers, and/or design companies • Claims -made form is acceptable • Coverage will be in force for three (3) years after construction of the Work is completed. 4. Workers' Compensation • Statutory Limits • Employer's Liability: $1,000,000 • Waiver of Subrogation required. b. The following shall be applicable to all policies of insurance required herein: 4 EXHIBIT A 1. Insurance carrier for all liability policies must have an A.M. Best Rating of A -:VII or better. 2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Liability policies must be on occurrence form. Errors and Omissions can be on claims -made form. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5. The City, its officers, agents, and employees are to be added as Additional Insureds to all liability policies, with the exception of the Errors and Omissions Policy required herein. 6. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. 7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Professional. Professional shall provide copies of insurance policies required hereunder to the City on or before the effective date of this Agreement. 9. Indemnification and Release PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE "CITY ") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT, ARISING OUT OF, OR IN CONNECTION WITH THE WORK DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED 5 EXHIBIT A BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PROFESSIONAL AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF THE CITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR IN THIS ARTICLE 9 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Professional assumes full responsibility for its work performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Professional's work to be performed hereunder. This release shall apply with respect to Professional's work regardless of whether said claims, demands, and causes of action are covered In whole or in part by insurance. 10. Subcontractors and Subconsultants Professional shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to the City before execution of such contracts. 0 EXHIBIT A 11. Termination of Professional The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon ten (10) days' written notice from the City Manager to Professional of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Professional breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims, or other charges; (b) failing to pay any payments due the city, state, or federal government from Professional or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Professional; (d) the dissolution of Professional; (e) refusing or failing to prosecute the Work or any separable part, with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete work wthin the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Professional shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Professional shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Professional shall also tender all of Professional's work product, whether complete or not, in an acceptable form and format to the City's Representitive. No final payment will be made until all work product is so tendered. If this Agreement is terminated for cause, Professional shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Professional's work. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents regarding the Work or the construction of the project. 13. Supervision of Professional Professional is an independent contractor and the City neither reserves nor possesses any right to control the details of the Work performed by Professional under the terms of this Agreement. 14. Billing The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such bills. All bills must identify with specificity the work or services performed and the date(s) of 7 EXHIBIT A such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. The Professional shall invoice the City for work performed no more than once a month. 15. Reputation in the Community Professional shall retain a high reputation in the community for providing professional engineering and testing services. Professional shall forward a copy of any current petition or complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in providing engineering services and/or (b) seeks to deny the Professional the right to practice engineering services or to perform any other services in the state of Texas. 16. PayroU and Basic Records a. Professional shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three years from the completion of the Work called for under this Agreement for all personnel working on such work. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. b. Professional shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to the City for inspection, copying or transcription or its authorized representatives within fifteen days of the City's request therefor. Professional shall permit such representatives to interview Professional's employees during working hours on the job. 17. Governing Law This Agreement has been made under and shall be governed by the laws of the state of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 18. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: For the Professional: EXHIBIT A CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522 -0424 FAX: 281 -420 -6586 DUNHAM ENGINEERING 13141 Hill Road College Station, TX 77845 FAX: 979 - 690 -7034 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days' written notice is given of such new address to the other party. 19. No Third Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Professional and the City only. 20. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Professional hereby agree that no claim or dispute between the City and Professional arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Professional consents to be joined in the arbitration proceeding if Professional's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 21. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 22. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Professional in regard to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Professional accept and agree to these terms. 0 EXHIBIT A 23. No Assignment Professional may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 24. Headings The headings used in this Agreement are for general reference only and do not have special significance. 25. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 26. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 27. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of _ , 2016, the date of execution by the City Manager of the City of Baytown. DUNHAM ENGINEERING INCORPORATED (Sign e) I M I- 1. v 1k (Printed Name) (Title) CITY OF BAYTOWN RICHARD L. DAVIS, City Manager 10 EXHIBIT A ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM. IGNACIO RAMIREZ, SR., City Attorney STATE OF TEXAS COUNTY OF BRAZOS Before me on this day personally appeared '" y N l� a M , in his/her capacity as S e r, % o r-- f h Dunham Engin Bring, Incorporated, on behalf of such co oration, known to me; proved to me on the oath of ; or proved to me through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this A day of .2016. ..*w NANCY ANN EMERT Notary Pu tc in an or the State of Texas Notary Public. State of Texos *� My Commission Expires Febfuory 06, 2018 R :W.arcn%Files%EnginecringWjgince ring AgwmenblDonham EngineeringWasmy T Tank Rehabilitation Prof cuUgmcman1Reviscd.doc 11 EXHIBIT A EXHIBIT A COMPENSATION Services of Professional required under this Agreement shall not exceed ONE HUNDRED FIFTY THOUSAND AND N01100 DOLLARS ($150,000.00) based upon the rate schedule, which is attached hereto and incorporated herein as Appendix 1 to this exhibit, and shall not exceed the following for any phase of the project: Design and Bidding Phases $ 100,000.00 Construction Phase $ 50,000.00 Total Cost Not to Exceed $15%000.00 The above - referenced not -to- exceed amount includes all expenses that Professional may incur as part of this project, including, but not limited to, all costs associated with parking, mileage, deliveries, and copies. The parties hereto agree and understand that the City shall not be liable and the Professional shall not make a claim against the City for any such expenses. Additional Services Professional will perform additional services, if any, at a price agreed upon by the parties in writing prior to the performance of such services. The City shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. EXHIBIT A APPENDIX 1 TO EXHIBIT A RATE SCHEDULE SeniorEngineer ....................................................... ............................... ........................$200.00 DesignEngineer ...................................................... ............................... ........................$150.00 Engineering Technician .......................................... ............................... ........................$125.00 Certified Welding Inspector .................................... ............................... ........................$100.00 Certified Coating Inspector ..................................... ............................... ........................$100.00 InformationTechnician ................................................................... ............................... $ 75.00 EXHIBIT A EXHIBIT B Reimbursable Expenses Reimbursable expenses shall include costs for incidental items such as parking, mileage, deliveries, and copies. Such expenses will be invoiced to the City at the rates specified below but shall not exceed FOUR THOUSAND AND N011 00 DOLLARS ($4,000.00) under this Agreement. Reimbursable Rate Schedule Vehiclemileage ................................................. ............................... ............................ IRS rate Bid package reproduction & mailing fee .............. ............................Not to exceed $50 per set Otherexpenses .................................................................................. ............................... At cost No additional charges for drawings will be expensed. Structural details will be included in bid packages. All expenses associated with travel, meals, and lodging must be approved in writing by the City prior to the Professional incurring any expense associated therewith; otherwise, the parties hereto agree and understand that the City shall not be liable and the Professional shall not make a claim against the City for any such expenses. EXHIBIT A EXHIBIT C SCHEDULE OF WORK The Professional shall perform the services in strict accordance with the following schedule: Desi Phase 40 calendar days Biddin Phase Until completion of Bidding Phase Construction Phase Upon the completion of any required warranty repairs EXHIBIT A EXHIBIT D SCOPE OF WOPK A. Generally: The Professional shall provide engineering services necessary for the construction of the rehabilitation of water tanks on Massey - Tompkins Road (the "Work"). The Work entails preparation of construction drawings, contract documents and specifications, public advertisement of the Project, and construction management services for the rehabilitation of the above - referenced water tanks (the "Project'). B. Basic Services: Design Phase: Professional shall: 1. Consult with City to define and clarify City's requirements for the Project and available data; 2. Advise City as to the necessity of City's providing data or services, which are not part of Professional's Basic Services, and assist City in obtaining such data and services; 3. Identify and evaluate potential solutions available to City; and after consultations with City, recommend to City those solutions which in Professional's judgment meet City's requirements for the Project; 4. Perform or provide the following additional Design Phase tasks or deliverables: a. Provide technical specifications and details to upgrade and repair structural appurtenances and replace protective coating systems on two 500,000 gallon elevated water tanks located at Massey - Tompkins. Repairs to be performed in accordance with recommendations in Professional's Reports of inspection previously provided. 5. Advise City of any adjustments to the Project schedule and the opinion of probable construction cost and any adjustments to total project costs known to Professional; 6. Make appropriate recommendations to the City to adjust the Project size, quality or budget if at any time the Professional's estimate of probable construction cost or total project costs exceed the City's budget; 7. Provide six (6) full -size sets of 90% construction drawings, specifications, and contract documents ("Construction Documents ") for the City's review and comment within thirty (30) calendar days of authorization to begin final design services and review it with City, 8. Revise the Construction Documents in response to City's and other parties' comments, as appropriate; 9. Provide three (3) full -size sets of 100% Construction Documents for the City's review and comment within thirty (30) calendar days of authorization to begin design phase services and review it with City; and 10. Revise the Construction Documents in response to City's and other parties' comments, as appropriate, and furnish fifteen (15) final copies of the revised 100% Construction Documents and a revised opinion of probable construction cost to the City within ten (10) days after completion of reviewing the 100% Construction Documents with the City. Bidding Phase After acceptance by City of the Construction Documents and the most recent opinion of probable construction cost as determined in the Design Phase, and upon written authorization by City to proceed, Professional shall: 1. Assist City in advertising for and obtaining bids or negotiating proposals for the Project; 2. Issue addenda as appropriate to clarify, correct, or change the Construction Documents; EXHIBIT A 3. Consult with City as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Construction Documents; 4. Attend the mandatory pre-bid conference and the bid opening, prepare bid tabulation sheets, assemble contract documents, and assist City in both evaluating bids or proposals and awarding contracts for the Project; 5. Assist in connection with bid protests, rebidding, or re- negotiating contracts for construction, materials, equipment, or services; and 6. Assist City in securing and analyzing bids and recommend award of the construction contract. The Bidding Phase will be considered complete upon commencement of the Construction Phase. Construction Phase A. Upon successful completion of the Bidding Phase, and upon written authorization from City, Professional shall: 1. Consult with City, act as City's representative as provided in the Construction Documents, interpret drawings and specifications, review shop drawings and material and equipment tests, and observe the completed construction for conformity to contract documents; 2. Participate in a Pre - Construction Conference at City Hall prior to commencement of Work; 3. Provide Certified Welding and Coating Inspectors to monitor contractor's quality control program to insure quality of Project 4. Visit the site at various stages of construction as necessary to ensure compliance with the contract documents and to properly process payment requests, which shall normally be 3 -4 days per week depending upon efficiency of Contractor work force and weather. Preparation of Construction Progress Inspection Reports will document all inspector site visits. Professional shall keep the City informed of the progress of the Work; 5. Recommend to the City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of Professional's observations, Professional believes that such work will not produce a completed Project that substantially 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; 6. issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents; 7. Recommend Change Orders and Work Change Directives to the City, as appropriate, and prepare Change Orders as required; 8. Review and approve or take other appropriate action in respect to other data which Contractor is required to submit 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; 9. Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor, 10. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by applicable laws and regulations or by the Contract Documents; 11. Render formal written decisions on all claims of the City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work; EXHIBIT A 12. Review payment requests and accompanying supporting documentation'from the Contractor and, based on Professional's observations as an experienced and qualified design professional, make recommendations of payment to the City; 13. Conduct inspections to determine if the Work is complete and issue punch -lists for those items which must be complete before the Professional recommends acceptance of the Project; 14. Recommend in writing final payment to Contractor once the Work is acceptable and is in compliance with the Contract Documents as determined by the Professional; 15. Prepare and furnish to the City record drawings electronically in a format approved by the City and on mylar showing appropriate record information based on Project annotated record documents received from Contractor; and 16. Conduct a one -year warranty inspection of the Work prior to the end of the warranty period and coordinate the completion of any required warranty repairs. B. Duration of Construction Phase. The Construction Phase will commence with the execution of the fast construction agreement for the Project or any part thereof and will terminate after the completion of any required warranty repairs. C. Limitation of Responsibilities. Professional shall not be responsible for the acts or omissions of any Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Professional shall not be responsible for failure of any Contractor to perform or furnish the Contractor's work in accordance with the contract documents. C. Additional Services: The City shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. Professional will perform additional services at a price agreed upon by the parties in writing prior to the performance of such services based upon the rate schedule indicated in Exhibit "A"