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HomeMy WebLinkAboutPR 20891: SCHAUMBURG & POLK, ELEVATED STORAGE TANK REHABILITATION Ciry of 401nrt dui/ Tc.%us INTEROFFICE MEMORANDUM Date: June 24, 2019 To: The Honorable Mayor and City Council Through: Rebecca Underhill, Interim City Manager From: Donald Stanton, Interim Director of Water Utilities RE: PR 20891 —Schaumburg&Polk, Inc. of Beaumont, Texas for Professional Services Rendered as Project Engineer for the West Port Arthur Road(Hwy 73/Spur 93) Elevated Storage Tank Rehabilitation Introduction: The intent of this Agenda Item is to seek City Council's approval for executing a contract between the City of Port Arthur and Schaumburg & Polk, Inc. (SPI) of Beaumont, Texas, for Professional Services Rendered as Project Engineer for the West Port Arthur Road (Hwy 73/Spur 93) Elevated Storage Tank Rehabilitation Project, in the not-to-exceed amount of $97,050.00. SPI was selected because of the uniqueness of the project and prior experience dealing with our elevated storage tanks. The required funds of$97,050.00 are available in City Account No. 405-1621-532.83-00. Background: The elevated storage tank, located at West Port Arthur Road (Hwy 73/Spur 93) is in urgent need of rehabilitation. The tank is currently out of service and is in violation of TCEQ regulations and we have been cited for these violations. The City of Port Arthur needs a project engineer to oversee the duration of the same project. Schaumburg & Polk, Inc. of Beaumont, Texas, was selected as project engineer for the W. P.A. Road Elevated Storage Tank Rehabilitation Project because of their experience in Elevated Storage Tanks. This engineering firm will provide professional engineering services by preparing specifications and documents, bid procedures phase and the construction phase. Budget Impact: Utilization of the services of Schaumburg & Polk, Inc. will cost $97,050.00. Funds are available in Account No. 405-1621-532.83-00 (pending approved budget amendment). "Remember,we are here to serve the Citizens of Port Arthur" City of 40,10 ()it Ithur Recommendation: It is recommended that City Council approve PR 20891, to execute an agreement for contractual professional engineering services of Schaumburg &Polk, Inc. of Beaumont, Texas, in the not to exceed amount of$97,050.00,to be funded in Account No. 405-1621-532.83-00. "Remember, we are here to serve the Citizens of Port Arthur" P. R. NO. 20891 06/08/2019 to PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND SCHAUMBURG & POLK, INC. OF BEAUMONT, TEXAS, FOR PROFESSIONAL SERVICES RENDERED AS PROJECT ENGINEER FOR THE WEST PORT ARTHUR ROAD (HWY 73/SPUR 93) ELEVATED STORAGE TANK REHABILITATION PROJECT, IN THE NOT-TO-EXCEED AMOUNT OF $97,050.00; FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-1621-532.83-00. WHEREAS, the Elevated Storage Tank, located at West Port Arthur Road (Hwy 73/Spur 93), is in need of rehabilitation; and, WHEREAS, the City of Port Arthur is in need of a Project Engineer to oversee the duration of said project; and, WHEREAS, it is requested that Schaumburg & Polk, Inc. of Beaumont, Texas, serve as project engineer for the West Port Arthur Road (Hwy 73/Spur 93) Elevated Storage Tank Rehabilitation Project because of the uniqueness of the project and prior experience dealing with our elevated storage tanks, in the not to exceed amount of $97,050.00; and, WHEREAS, a copy of the contract is attached as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized and directed to execute, on behalf of the City of Port Arthur, a contract, in substantially the same form as the attached as Exhibit "A", between the City of Port Arthur and Schaumburg & Polk, Inc. of Beaumont, Texas, for providing professional services, as Project Engineer, relating to the West Port Arthur Road (Hwy 73/Spur 93) Elevated Storage Tank Rehabilitation Project, in the not- P. R. NO. 20891 06/06/2019 to PAGE 2of3 to-exceed amount of $97,050.00, contingent upon a budget amendment; and, THAT, funding for this contract is in City Account No. 405-1621-532.83-00. THAT, such funds shall be used only to make payments as required under this contract; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of July 2, 2019, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: , Councilmembers: , NOES: . Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary P. R. NO. 20891 06/06/2019 to PAGE 3 of 3 APPROVED AS TO FORM: tib " Val-o izen , City Attorney APPROVED FOR ADMINISTRATION: Rebecca Underhill, Interim City Manager Donald Stanton, Interim Director of Utilities APPROVED AS TO FUND AVAILABIL : Kandy Daniel, InterkGirector of Finance Clifton illiams, CPPB Purchasing Manager EXHIBIT "A" ,1 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between CITY OF PORT ARTHUR (Owner")and SCHAUMBURG&POLK. INC. (Engineer"). Owner's Project,of which Engineer's services under this Agreement are a part,is generally identified as follows: Rehabilitation of the HWY 73/SPUR 93 500,000 Gallon Elevated Storage Tank ("Project"). Engineer's Services under this Agreement are generally identified as follows: Engineer shall provide services as per Exhibit A,attached. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: 12 months from the Effective Date of this Agreement. C. If the Project includes construction-related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding 3 months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 1 after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0%per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional;or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.1.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period,and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to,but in no case more than,60 days after the date of receipt of the notice. 2. For convenience,by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 2 C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors,Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer(and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants,agreements,and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest(including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 3 D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation,or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee(EJCDC C-700)unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1)Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer,or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2)any such use or reuse, or any modification of the documents,without written verification,completion,or adaptation by Engineer, as appropriate for the specific purpose intended,will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3)Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1)waive against each other, and the other's employees,officers, directors, agents, insurers, partners, and consultants,any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2)agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer,whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response,Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 4 Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and(2)warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. Total fees under this contract shall not exceed$ 97,050 in accordance with Exhibit A. B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 5 Attachments: Appendix 1,Engineer's Standard Hourly Rates Exhibit A-Scope of Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement,the Effective Date of which is indicated on page 1. OWNER: ENGINEER: ‘/(--By: By: �. Title: City Manager Title: Vice President Date Signed: Date Signed: "I- I - 9 Engineer License or Firm's Certificate Number:F-520 State of:Texas Address for giving notices: Address for giving notices: City of Port Arthur Schaumburg&Polk, Inc. P.O. Box 1089 8865 College Street, Suite 100 Port Arthur. Texas 77641-1089 Beaumont,Texas 77707 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Page 6 APPENDIX I [�:,V SCHAUMBURG POLK, 2019 Schedule of Hourly Rates and Expenses ADMINISTRATIVE ASSISTANT $70.00 /HOUR SURVEYOR I $60.00 /HOUR SURVEYOR II $80.00 /HOUR SURVEYOR III $105.00 /HOUR CONSTRUCTION REPRESENTATIVE I $80.00 /HOUR CONSTRUCTION REPRESENTATIVE II $105.00 /HOUR CONSTRUCTION REPRESENTATIVE III $135.00 /HOUR DESIGN TECHNICIAN I $60.00 /HOUR DESIGN TECHNICIAN II $85.00 /HOUR DESIGN TECHNICIAN III $105.00 /HOUR DESIGN TECHNICIAN IV $130.00 /HOUR ENGINEERVII $115.00 /HOUR ENGINEER III $125.00 /HOUR ENGINEER IV $150.00 /HOUR ENGINEER V $170.00 /HOUR ENGINEER VI $185.00 /HOUR ENGINEER VII $205.00 /HOUR ENGINEER VIII $235.00 /HOUR ENGINEER IX $265.00 /HOUR REIMBURSABLE EXPENSES Mileage IRS Allowable Rate Travel and Meals Actual Cost x 1.10 Misc.Reimbursable Expenses Actual Cost x 1.10 OUTSIDE CONSULTANT RATES Associate Engineer Civil,Electrical, Environmental,Mechanical,etc. up to$205.00/HOUR Subconsultants Actual Cost x 1.10 Schaumburg & Polk, Inc. furnishes General Liability Insurance, Professional Liability Insurance and State of Texas mandatory limits of Worker's Compensation insurance. Preparation for and furnishing expert witness testimony will be billed at three times the hourly rates shown above for the various classifications. Rates Effective: January 1,2019(adjusted annually) EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.MI rights reserved. Exhibit A—Scope of Services and Budget Rehabilitation of the HWY 73/SPUR 93 500,000 Gallon EST Page 1 of 4 Scope of Services to be provided are enumerated below: 1. Specifications and Contract Documents: Prepare specifications that describe the maintenance to be performed. Bid documents will be prepared for use in obtaining bids. Contract documents will be EJCDC standard as described in agreement or other Owner provided contract document. The budget for this service is based on the following repairs as initially identified in the 2018 TCEQ Tank Inspections Report: full interior and exterior coating system replacement, coating of yard piping, electrical repairs, miscellaneous steel repairs including leak repairs, and site work. Additional items of work that require special detail attention that may be identified, will require authorization for additional service by the City. 2. Bid Phase: Assist Owner in advertising for and obtaining bids, conduct pre-bid conference, issue addenda as appropriate to clarify, correct, or change the Bidding Documents. Consult with Owner 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 Bidding Documents. 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. 3. Construction Phase: Engineer will provide the following: 1. General Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions. All of Owner's instructions to Contractor will be issued through Engineer, who shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Pre-Construction Conference. Participate in a pre-construction conference prior to commencement of Work at the Site. 3. Visits to Site and Observation of Construction. In connection with observations of Work in progress. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer,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. Based on information obtained during such visits and such observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents,and Engineer shall keep Owner informed of the progress of the Work. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC.All rights reserved. Exhibit A—Scope of Services and Budget Rehabilitation of the HWY 73/SPUR 93 500,000 Gallon EST Page 2 of 4 The following are minimal intervals of visits(blast-cleaning operations, start of primer coat, prior to finish coat application, completion to verify final coating thickness and acceptability. a. The purpose of Engineer's visits 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. 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 the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Work, or 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 and perform its work in accordance with the Contract Documents. 4. Defective Work Have authority to disapprove or reject Contractor's work while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed project that conforms generally 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. 5. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 6. 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. 7. 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. 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 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2009 National Society of Professional Engineers for EJCDC.All rights reserved. Exhibit A—Scope of Services and Budget Rehabilitation of the HWY 73/SPUR 93 500,000 Gallon EST Page 3 of 4 thereto. Engineer has an obligation to meet any Contractors submittal schedule that has earlier been acceptable to Engineer. 8. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or- equal"materials and equipment proposed by Contractor. 9. Inspections and Tests. Require such special inspections or tests of the 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 the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 10. Disagreements between Owner and Contractor. Render formal written decisions on all claims of Owner and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 11.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, the Work has progressed to the point indicated, the quality of such is generally in accordance with the Contract Documents and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 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 the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of the Work for the purposes of recommending EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright C2009 National Society of Professional Engineers for EJCDC.MI rights reserved. Exhibit A—Scope of Services and Budget Rehabilitation of the HWY 73/SPUR 93 500,000 Gallon EST Page 4 of 4 payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the 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 the Work. 12. Contractor's Completion Documents. Receive and review maintenance and operating instructions, schedules, and guarantees. Engineer shall transmit these documents to Owner. 13. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 14. Final Notice of Acceptability of the Work Conduct a final payment inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice 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. 4. Additional Services: If additional services are identified during the undertaking of the above services (e.g. additional effort for rigging and time to allow for more detailed inspection, development of details for work beyond that described in the Section 2. Specifications and Contract Documents, additional site visits or extension of construction time in excess of 90 days), engineer will provide the additional services based on an agreed scope of services and cost as approved by Owner prior to undertaking the services. Additional services will not be invoiced without Owner's prior approval. Payment for services will be based on the following: Specifications and Contract Documents $30,100 Bid Phase $ 9,550 Construction Phase $57,400 Total Fee 597,1150 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright V2009 National Society of Professional Engineers for EJCDC.All rights reserved.