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HomeMy WebLinkAboutAmendment No 1 to OEA - Design Srvs. Edison WTP Proj No. 123-067 – United Consulting1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 23, 2024 Mr. Michael Rowe, PE United Consulting 8440 Allison Pointe Blvd., Suite 200 Indianapolis, IN 46250 michael.rowegucind. RE: Amendment No. 1 to Owner -Engineer Agreement Dear Mr. Rowe: At its July 23, 2024 meeting, the Board of Public Works approved the above referenced amendment for design, bidding, and construction services for the Edison Water Treatment Plant, Project No. 123-067 in the amount of $1,004,700 with a new adjusted total $1,101,000. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou This is EXHIBIT K, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1 1. Background Data: a. Effective Date of Owner -Engineer Agreement: October 10, 2023 b. Owner: Board of Public Works, City of South Bend, Indiana C. Engineer: United d. Project: Edison WTP Improvements, 123-067 1. Description of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] a. Engineer shall perform or furnish the following Additional Services: 1) Visual surface inspection of the existing gravity filter underdrains in each filter cell with Owner once filter media is removed by others. 2) Coordination of filter media core samples (up to 8) to undergo a gradation analysis at a laboratory approved by the Owner. b. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: 1) The Basic Services (Part 1) previously struck in Exhibit A as part of the Agreement, Paragraphs A1.02 to A1.06 shall be unstruck and modified as shown in Attachment No. 1. c. The responsibilities of Owner are modified as follows: 1) Modify Paragraph B2.01.S. to include the following additional services: a) Provide and ship filter media core samples to laboratory (WestTech, Attention Lab, 600 Arrasmith Trail, Ames, IA 50010) for testing. Refer to Attachment No. 2 for additional information on the proposed analysis. b) Coordinate with Contractor in regard to preparation and submission of any local building permits applicable to the Project, as necessary. Page 1 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 1) Preliminary & Final Design Phases (Lump Sum): $713,000 2) Bidding Phase (Lump Sum): $26,200 3) Construction Phase (Lump Sum): $240,500 4) Post -Construction Phase (Lump Sum): $21,800 5) Laboratory Testing — Filter Media Core Samples ($400/Sample up to 8): $3,200 6) Total: $1,004,700 e. The schedule for rendering services is modified as follows: Item No. Activity Completion Schedule 1 30% Preliminary Design Completion 120 Days from Notice to Proceed 2 60% Preliminary Design Completion 90 Days from Receipt of Owner 30% Design Comments 3 90% Preliminary Design Completion 60 Days from Receipt of Owner 60% Design Comments 4 Final Design Completion & Permit Acquisition 30 Days from Receipt of Owner 90% Design Comments 5 Construction Bid Receipt As Scheduled by Owner 6 Construction Commencement As Scheduled by Owner 7 Construction Completion As Scheduled by Owner 8 Post -Construction Completion As Scheduled by Owner i Other portions of the Agreement (including previous amendments, if any) are modified as follows: 1) N/A 2. Agreement Summary (Reference only) a. Original Agreement amount: $96 300 b. Net change for prior amendments: $N/A c. This amendment amount: $1 004 700 d. Adjusted Agreement amount: $1 101 000 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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 or previous Amendments remain in effect. The Effective Date of this Amendment is Page 2 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. OWNER: City of South Bend, Indiana Board of Public Works ENGINEER: United Consulting CITYOF SOUTH BEND, INDIANA By•XW?U'rQ_ BOARD OF PUBLIC WORKS VtLa Title: Michael Rowe, P.E., President Elizabeth A. Maradik, President Joseph R. Molnar, Vice President By: Gary A. Gilot, Member Briana Micou, Member Title: Paul Glotzbach, P.E., Vice President Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: July 23, 2024 Date Signed: Page 3 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 This is EXHIBIT A, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES The Project scope is as identified and approved by Owner within the Report titled, "Edison Water Treatment Plant Basis of Design Evaluation Report". A1.02 Preliminary Design Phase A. After acceptance by Owner of the Report and any other deliverables, selection by Owner of a recommended solution and indication of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner, and upon written authorization from Owner, Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. The proposed topographic survey limits are as shown in Attachment No. 3. 3. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 4. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: a. Site inspection and walkthrough of the Edison WTP with the Design team. Page 1 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 b. Design meeting attendance (three meetings for 30%, 60% and 90% design review,) with Owner representatives and coordination assistance. c. Reasonable coordination with existing utilities within or adjacent to the project area. d. Coordination with the electric utility for service upgrades, as necessary e. Process design and construction sequencing requirement preparation relating to the WTP operation. f. Hydraulic calculations and design for the proposed pumping and piping, systems. g. Mechanical, electrical, and plumbing(MEP) design incidental to the process design. h. Structural design services incidental to the process design. i. Design servicses and plan generation necessary for permitting, bidding, and construction. j. Coordination with equipment suppliers and manufacturers. k. Design of proposed plant monitor system modifications with the Owner selected integrator. 1. Preparation of Technical Specifications and Standard Construction Contract documents. m. Coordination with the Indiana Department of Environmental Management (IDEM,) to prepare the Application for Construction Permit for Public Water System PWS) accordance with 327 IAC 8-3-3. n. Preparation of monthly status reports throughout the Design phase to the Owner (LIP to 10 months). 6. Furnish di ig tal review copies of the Preliminary Design Phase documents and any other deliverables to Owner within, see schedule in Amendment No. 1, calendar days of authorization to proceed with this each phase, and review them with Owner. Within, see schedule in Amendment No. 1, calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 7. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's comments, as appropriate, and furnish to Owner d�ital copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within, see schedule in Amendment No. 1, calendar days after receipt of Owner's comments. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. A1.03 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner -directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to Page 2 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. As indicated in Paragraph A1.02. 3. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 4. Perform or provide the following additional Final Design Phase tasks or deliverables: a. Provide continuation of additional Preliminary Design Phase tasks included in Paragraph A1.02.A.5, as necessary. b. Final design meeting attendance with Owner representatives and coordination assistance. c. Specification preparation to require the manufacturer to provide appropriate and useful Operation and Maintenance Manuals (5 copies and digital files). d. Specification preparation and coordination to require the manufacturer to provide complete and thorough field start up services as well as independent operation and maintenance training to plant personnel for the new equipment. 5. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Within, see schedule in Amendment No. 1, days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.0l .G, instructions for revisions. 6. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit digital final copies of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within, see schedule in Amendment No. 1, calendar days after receipt of Owner's comments and instructions. B. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.03.A.6 have been delivered to Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post -Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. Page 3 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 A 1.04 Bidding or Negotiating Phase A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. Owner to post and distribute bid documents through their online plan room. 2. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5. If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 7. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: a. In addition to Paragraph A1.04.A.1, conduct and lead pre -bid meetings, if and b. Preparation of pre -bid meeting minutes and distribution to all attendees and planholders. c. Verification of the apparent low -bidders' project understanding, previous experience, and capabilities to perform the Work. d. Formal recommendation of bid award for Owner consideration. e. Assemble Construction Contract utilizing the bid documents and post -bid documents from the successful bidding contractors. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.05 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: Page 4 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): DELETED 3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.P. 4. Pre -Construction Conference: Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress 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 general observation of the Work based on Engineer's exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the 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, and representation by the Resident Project Representative, if any, at 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 will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Page 5 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 Engineer shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work: Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: 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. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to 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 by 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. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 12. Substitutes and "or -equal" Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13. Inspections and Tests: 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. 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, tests, or approvals comply with Page 6 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. 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, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the 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 Contractor's Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that 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 Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations 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 portion of the Work in progress, 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. Page 7 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 16. 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 as provided under Paragraph Al. 05.A.11, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in Paragraph A1.05.A.11. 17. 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. 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: a. Conduct a Pre -Construction Meeting. b. Prepare minutes of the Pre -Construction Meeting and distribute to all attendees. c. Participate in periodic construction progress meetings (u to 12 meetings). d. Attend additional site inspections Lip to 3 visits] e. Review of the Operation & Maintenance Manuals for compliance with the Construction Contract Documents will be provided. f. Assist with preparation of Substantial Completion Punchlist following Substantial Completion Walkthrough. 19. 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 (subject to the provisions of Paragraph A1.05.A.15.b) to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible Page 8 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO. 1 for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.06 Post -Construction Phase A. Upon written authorization from Owner during the Post -Construction Phase Engineer shall: Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. 2. Together with Owner or Owner's representative, visit the Project within one month before the end of the correction period to ascertain whether any portion of the Work is subject to correction. 3. Perform or provide the following additional Post -Construction Phase tasks or deliverables: a. Witness system testing and equipment start up by the equipment manufacturers as specified. b. Preparation of digital Record Drawings based upon red -line mark-ups from the Contractor. B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract's correction period. Page 9 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1— ATTACHMENT NO.2 WesTech Gravity Filter Media Analysis Overview The below information was shared with Owner and United Consulting on December 1, 2023. Pricing and information provided below are subject to change. Owner will be alerted of any changes to the below details as soon as they become known to Engineer, if any. FILTER MEDIA CORE SAMPLING PROCEDURE The filter media must be thoroughly backwashed prior to collecting any sample. After backwashing the media, drain the filter completely. Remove the manway cover if required. It is a good idea to have a new manway gasket on hand. Using a sanitized 11/4" to 11/2" diameter by 4' to 6' long (depending on the bed depth and amount of freeboard) piece of thin wall tubing, insert the tube approximately six inches into the media with a twisting motion. Empty the media into a clean bucket by tapping the side of the tube. Repeat this procedure, being sure to sample the same hole, at six-inch increments until the entire media bed has been sampled and the gravel or gravel retaining screen, if such has been installed in the unit, has been intersected. The composited sample should then be thoroughly mixed to obtain a representative sample and no less than one quart of the material forwarded to us for laboratory evaluation. If one core sample does not yield a full quart, a second core sample should be obtained and mixed together with the first so that a full quart is available for analysis. CAUTION: Be sure to sample only the filtering media. DO NOT force the sample tube into the sub -fill or the underdrain. Mud balls or foreign material on or in the media should be included in the core sample. A separate sample of any foreign material or mud balls should be sent along with the core samples. Note the depth of the filter media (by inserting a ruler into the sample hole) and the general condition of the bed surface. Note observations such as the media level, media mounding, and fissures (channels) on the media surface. Include with sample: • Person, Company, Address, Phone Number • Type of Media sample (Greensand, Anthracite, etc.) • Date sampled • Reason for sample (low capacity, poor quality, etc.) • Purchase Order Number AMENDMENT TO OWNER -ENGINEER AGREEMENT NO. 1 — ATTACHMENT NO.2 Forward sample to: wE STEC "R" Attn. Lab 600 Arrasmith Trail —Ames, IA 50010 Manufacturer Contact Information for Proposal Request: Tom Dumbaugh, P.E. Regional Sales Manager I T: 515.268.8549, C: 920.243.3348 600 Arrasmith Trail I Ames I Iowa 50010 tdumbaugh(awestech-inc. com westech-inc.com WE SFE C. "'o H4 S RE WATER Manufacturer's Representative Contact Information: 49 t� BL ANDERSON Gary Prehm Executive Vice -President gprehma,blanderson. com 4801 Tazer Drive Lafayette, IN 47905 765.463.1518 Office 765.446.8390 Fax 765.426.0829 Cell www.blandcrson.com Iwx • . ■. ■. �' y ✓ ,�VVell House No. 2 7. xillary Clear 1Nef s a: 1 fi arthpo4nt r ineyar C► arch E el ram Well House Na. 3 . { - , CNeII House No,. .4 4 4w APO it R, a ��� sa d+ oa+ e i e '�?_ - Well, House No: 1• (Abandened) i GOUgh Park vo ogle Earth ; _ AT �. -pp BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/12/2024 Name Becca Plantz Department Public Works BPW Date 07/23/2024 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name Cynthia Simmons and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Michael Schmidt ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information United Consultin All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach ❑ Yes ❑ If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes No Edison WTP Improvement 123-067 Water Capital, DFO PROJ 550 PR-00034790 Original: $96,300.00; Amendment 1: $1,004,700; New Total: 1,101,000 Hourly NTE Amendment to preliminary services for design, bidding, and construction administration services for improvements at the Edison Water Treatment Plant. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase Decrease Increase Decrease