Amendment No 2 to PSA - WWTP Hydraulic & Clarifier Proj No. 119-069

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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 5 of 7 Between City of South Bend and ARCADIS U.S., Inc. Project Number: 30029091 AMENDMENT No. 2 119-069 WWTP Secondary and Disinfection Improvements Amendment No. 2 part of the electronic data information system developed by Engineer. 18. Substitutes and “or-equal” Requests. Review the Contractor’s requests for product substitutions and “or equal”; Engineer will separately track the time and expense required for such reviews and invoice the Client for such reviews as Additional Services. 19. Inspections and Tests. The Owner’s Resident Project Representative will 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 Laws and Regulations or the Contract Documents. Any review by Engineer 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, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 20. Change Proposals and Claims. (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 21. Contractor’s Completion Documents. Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 22. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project 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. 22. Record Drawings. Prepare Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor and furnishing such Record Drawings to Owner. A hard copy (full size drawings) and electronic copy (in AutoCAD and pdf file format) will be submitted to the Owner. AutoCAD version shall be based on the Owner’s standards. 23. Final Notice of Acceptability of the Work. Conduct a final visit to the Project 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 also provide a notice in the form attached hereto as Exhibit E (the “Notice of Acceptability of Work”) that the Work is acceptable to the best of Engineer’s knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. The scope of these engineering services is based on the final visit conducted during the regular progress meeting. DELIVERABLES This project includes the following deliverables. 1. Preliminary (60%) Design. This submittal includes documents that communicate the results of the preliminary design and establishes the scope of the construction work.  Preliminary drawings showing layouts  Preliminary construction phasing  Technical specifications  Preliminary construction schedule 2. Final Design Submittal. This submittal includes documents that communicate the detailed design approach and intent of all disciplines.  Design drawings showing required demolitions, layouts, structural details as a supplement to the Final Clarifier 1-3 Improvement Drawings  Project specifications: technical specifications as a supplement to the Final Clarifier 1-3 Improvement Project Manual