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25-R-064 Unitech Consulting Engineers_Storage TanksRESOLUTION 25-R-064 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING A TASK ORDER AGREEMENT WITH UNINTECH CONSULTING ENGINEERS, INC., FOR PROFESSIONAL SERVICES RELATED TO THE REHABILITATION AND PAINTING OF THE EAST LIVE OAK AND NORTHCLIFFE ELEVATED STORAGE TANKS AND PAINTING OF THE WARE SEGUIN GROUND STORAGE TANK WHEREAS, the City Council has determined that the rehabilitation of fill and outlet piping at the East Live Oak and Northcliffe Elevated Storage Tanks is necessary; and WHEREAS, the City Council has determined the need for repainting of the East Live Oak and Northcliffe Elevated Storage Tanks and the Ware Seguin Ground Storage Tank; and WHEREAS, professional services are needed to test, evaluate, and prepare plans and specifications and provide bid and construction phase services related to the aforementioned rehabilitation and painting work; and WHEREAS, Unintech Consulting Engineers, Inc., (Unintech) is an approved on -call Engineering Firm for the City of Schertz; and WHEREAS, pursuant to Section 252.022(a)(4), of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, City staff has determined that Unintech is uniquely qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve a task order for Unintech to provide the necessary professional services for the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes a task order agreement in substantially the form set forth on Exhibit A with Unintech Consulting Engineers, Inc., for professional services related to the rehabilitation and painting of the East Live Oak and Northcliffe Elevated Storage Tanks and painting of the Ware Seguin Ground Storage Tank for $93,517 and a not to exceed amount of $115,000. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND APPROVED on the `j day of V.S1 `L 2025. CITY OF S ERT XAS Ralp6btierrez6hayor ATTEST: Sheree Courney, Deputy City Secretary Exhibit A Task Order Agreement This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the specific Agreement between Owner and Engineer, and the controlling Laws and Regulations. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition, is published in four parts: (1) the Main Agreement (general provisions governing all Task Orders); (2) the Exhibits to Main Agreement; (3) the Task Order Form (see below); and (4) the Exhibits to Task Order. The Main Agreement contains a Guidelines for Use section that pertains to all four parts of E-505. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES - TASK ORDER EDITION PART 3 OF 4: TASK ORDER FORM Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Copyright° 2020 EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.or>; American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2020 EJCDC® Engineering Series Documents. NOTE: EJCDC publications may be purchased at www.emcdc.org, or from any of the sponsoring organizations above. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TASK ORDER NO. 001 This is Task Order No. 001, consisting of 6 pages. In accordance with Paragraph 1.01, Main Agreement, of the Agreement Between Owner and Engineer for Professional Services —Task Order Edition dated [date] , Owner and Engineer agree as follows: 1. TASK ORDER DATA a. Effective Date of Task Order: ~ b. I Owner: C. I Engineer: City of Schertz Unintech Consulting Engineers, Inc. d. I Specific Project (title) j Elevated Tank Rehabilitation e. Specific Project (description): f. Related Task Orders Supplemented by this Task Order: Superseded by this Task Order: 2. BASELINE INFORMATION Civil and Survey Engineering design services for the rehabilitation of East Live Oak and Northcliff Elevated Tanks, and repainting of Ware Seguin Rd Ground Storage Tank. Baseline Information. Owner has furnished the following Specific Project information to Engineer as of the Effective Date of the Task Order. Engineer's scope of services has been developed based on this information. As the Specific Project moves forward, some of the information may change or be refined, and additional information will become known, resulting in the possible need to change, refine, or supplement the scope of services. Specific Project Title: Elevated Tank Rehabilitation Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 6 Type and Size of Facility: Water Storage Tanks: East Live Oak EST —1.5 million gallon Northcliffe EST - 1.5 million gallon Ware Seguin Road — 500,000 gallon Description of Improvements: • The assessment and design of replacement fill piping at two elevated storage tanks; o East Live Oak elevated storage tank o Northcliffe elevated storage tank • The internal and external assessment and design for the repainting of: o East Live Oak elevated storage tank o Northcliffe elevated storage tank o Ware Seguin ground storage tank • Survey of each tank being painted to establish benchmark for future verification Expected Construction Start: January 2026 Prior Studies, Reports, Plans: Facility Location(s): • East Live Oak Elevated Storage Tank- 1049 LIVE OAK RD SCHERTZ, TX 78154 • Northcliffe Elevated Storage Tank- 5700 COLUMBIA SCHERTZ, TX 78154 • Ware Seguin Ground Storage Tank —11340 WARE SEGUIN RD, SCHERTZ, TX 78154 Current Specific Project Budget: TBD Funding Sources: TBD Known Design Standards: City of Schertz Public Works Design Guide, AASHTO Guide for Design of Pavement Structures 1993 Edition Known Specific Project City of Schertz Limitations: Specific Project Assumptions: Assessment and design of replacement fill piping — • Will require sampling and analysis to determine the cause of failure and recommend replacement material • City will obtain and provide to UNINTECH coupon samples at welds for analysis of pipe failure Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 2 of 6 • UNINTECH to prepare plans, bid documents, and estimates based on analysis and report • Provide 3d party inspections for construction phase for assure welding quality The internal and external assessment and design for the repainting of tank. Will require an interior and exterior assessment of the tank per TCEQ/AWWA requirements Interior assessment to be completed by remote operated vehicle (ROV) Other Pertinent Information: Project is not in the Edwards Aquifer Regulated Zones, is not within an area known for environmentally sensitive features, is not located within a FEMA designated flood hazard area. Testing for lead paint is recommended for the Ware Seguin Site, built in 1988. To be included as a Supplemental Item 3. SERVICES OF ENGINEER ("SCOPE") A. The specific Basic Services to be provided or furnished by Engineer under this Task Order are: ❑ Exhibit A to Task Order, "Engineer's Services for Task Order," as attached to this specific Task Order. All the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order, with the exception of Resident Project Representative Services, if any, which are compensated separately. C. Resident Project Representative (RPR) Services: 1. If the Scope established in Paragraph 2.A above includes RPR services, then Exhibit D to Task Order is expressly incorporated in this Task Order by reference. D. Additional Services: Services not expressly set forth as Basic Services in Paragraph 3.A above, and necessary services listed as not requiring Owner's written authorization, or requiring additional effort in an immediate, expeditious, or accelerated manner as a result of unanticipated construction events or Specific Project conditions, are Additional Services, and will be compensated by the method indicated for Additional Services in this Task Order. All other Additional Services require mutual agreement and may be authorized by amending the Task Order as set forth in Paragraph 8.05.B.2 of the Main Agreement, with compensation for such other Additional Services as set forth in the amending instrument. 4. DELIVERABLES SCHEDULE A. In submitting required Documents and taking other related actions, Engineer and Owner will comply with Exhibit B to Task Order, attached to this specific Task Order. Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright" 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 6 5. ADDITIONS TO OWNER'S RESPONSIBILITIES A. Owner shall have those responsibilities set forth in Article 2 of the Main Agreement, and the following supplemental responsibilities that are specific to this Task Order: 1. Deliver and obtain and provide to UNINTECH coupon samples at welds for analysis of pipe failure. 2. Provide access to Tank Sites for analysis during design phases. 6. TASK ORDER SCHEDULE A. In addition to any schedule provisions provided in Exhibit B or elsewhere, the parties shall meet the following schedule: Not Applicable Date Action / Milestone Comment 7. ENGINEER'S COMPENSATION A. The terms of payment are set forth in Article 4 of the Main Agreement. B. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service 1. Basic Services Study and Report Phase Preliminary Design Final Design Bid Phase Construction Phase Project Closeout 2. Resident Project Representative Services* Amount $25,963.00 LUMP SUM $28,914.00 LUMP SUM i $17,605.00 LUMP SUM $4,970.00 LUMP SUM $6,585.00 1 LUMP SUM $1,925.00 LUMP SUM EN/A TOTAL COMPENSATION (items 1 and 2) $85,962.00 LUMP SUM 3. Additional Services under Section 3.D above Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 6 Lead Paint Sampling and Report (Terracon) $1,700.00 3,d Party Inspections for Construction Phase Welding (BRL NDT)** $5,855.00 *Based on an 8-month continuous construction period. ** Estimated amount. To be verified after extent of services verified by design C. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Subconsultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. 8. ENGINEER'S PRIMARY SUBCONSULTANTS FOR TASK ORDER, AS OF THE EFFECTIVE DATE OF THE TASK ORDER: A. Terracon (Lead Paint Testing and 3rd Party Inspections) B. BakerRisk (Forensic analysis of fill pipe failure) C. Water Technologies, Inc (TCEQ/AWWA Inspection points for tank interior & exterior) 9. EXHIBITS AND ATTACHMENTS: A. Exhibit A to Task Order —Engineer's Services Under Task Order B. Exhibit B to Task Order —Task Order Deliverables Schedule C. Exhibit D to Task Order —Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order D. Exhibit E to Task Order-E1CDC® C-626, Notice of Acceptability of Work (Form) E. Other: Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 6 Execution of this Task Order by Owner and Engineer makes it subject to the terms and conditions of the Main Agreement and its exhibits and appendices, which Main Agreement, exhibits, and appendices are incorporated by this reference. OWNER: ENGINEER: By: By: /i1,r�irL B Print Name: Print Name: Mark B Hill Title: Title: Director and Shareholder Engineer's License or Firm's 94904 Certificate No. (if required): State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Name: Mark B Hill Title: Title: Director and Shareholder Address: Address: 2431 E. Evans Rd E-Mail Address: Phone: Date: San Antonio, Texas E-Mail mhill@unintech.com Address: Phone: 210-590-4777 Date: 4-18-2025 Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 6 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the specific Agreement between Owner and Engineer, and the controlling Laws and Regulations. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition, is published in four parts: (1) the Main Agreement (general provisions governing all Task Orders); (2) Exhibits to Main Agreement; (3) the Task Order Form; and (4) the Exhibits to Task Order (see below). The Main Agreement contains a Guidelines for Use section that pertains to all four parts of E-505. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES — TASK ORDER EDITION PART 4 OF 4: EXHIBITS TO TASK ORDER Prepared by now- -�q dows- --w■n111111111 EJUDU@MM__ ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright° 2020 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.orl> The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2020 EJCDC° Engineering Series Documents. NOTE: EJCDC publications may be purchased at www.eicdc.org, or from any of the sponsoring organizations above. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. EXHIBITS TO TASK ORDER TABLE OF CONTENTS EXHIBIT A -ENGINEER'S SERVICES UNDER TASK ORDER EXHIBIT B-TASK ORDER DELIVERABLES SCHEDULE EXHIBIT C-RESERVED EXHIBIT D-DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE UNDER TASK ORDER EXHIBIT E-EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK (FORM) EXHIBIT F-RESERVED EXHIBIT G-RESERVED EXHIBIT H-RESERVED EXHIBIT I -RESERVED Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 1 EXHIBIT A —ENGINEER'S SERVICES UNDER TASK ORDER Exhibit A Table of Contents Article1— BASIC SERVICES...................................................................................................................................2 1.01 Management of Engineering Services.................................................................................................2 1.02 Study and Report Phase......................................................................................................................2 1.03 Preliminary Design Phase....................................................................................................................3 1.04 Final Design Phase...............................................................................................................................7 1.05 Bidding/Proposal Phase....................................................................................................................12 1.06 Construction Phase...........................................................................................................................13 1.07 Post -Construction Phase...................................................................................................................20 Article 2— ADDITIONAL SERVICES......................................................................................................................21 2.01 Additional Services Not Requiring Owner's Written Authorization..................................................21 2.02 Additional Services Requiring Owner's Written Authorization.........................................................22 1. Article 1 of the Main Agreement, Services of Engineer, is supplemented to include the following provisions: Engineer shall provide Basic and Additional Services as set forth below. ARTICLE 1—BASIC SERVICES 1.01 Management of Engineering Services A. See Main Agreement, Paragraph 1.03. 1.02 Study and Report Phase A. Engineer shall: 1. Consult with Owner to define and clarify Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. a. If Owner has already identified one or more potential solutions to meet its Specific Project requirements, then proceed with the study and evaluation of the Owner - identified potential solutions listed here: b. If Owner has not identified specific potential solutions for study and evaluation, then assist Owner in determining whether Owner's requirements, and available data, reports, plans, and evaluations, point to a single potential solution for Engineer's study and evaluation, or are such that it will be necessary for Engineer to identify, study, and evaluate multiple potential solutions. c. If it is necessary for Engineer to identify, study, and evaluate multiple potential solutions, then identify 2 alternative solutions potentially available to Owner, Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 26 unless Owner and Engineer mutually agree that some other specific number of alternatives should be identified, studied, and evaluated. 2. Identify potential solution(s) to meet Owner's Specific Project requirements, as needed. 3. Study and evaluate the potential solution(s) to meet Owner's Specific Project requirements. 4. Visit the Site, or potential Specific Project sites, to review existing conditions and facilities, unless such visits are not necessary or applicable to meeting the objectives of the Study and Report Phase. 5. Assess initially available Specific Project information and data, including the Baseline Information set forth at the beginning of this Exhibit A. 6. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Specific Project -related information and data, for Engineer's use in the study and evaluation of potential solution(s) to Owner's Specific Project requirements, and preparation of a related report. 7. After consultation with Owner, recommend the solution(s) which in Engineer's judgment meet Owner's requirements for the Specific Project. 8. Identify, consult with, and analyze requirements of authorities having jurisdiction to permit or approve construction or operation of the portions of the Specific Project to be designed or specified by Engineer, including but not limited to impacts and mitigating measures identified in previously prepared environmental assessments for the Specific Project provided to the Engineer or being concurrently prepared for Owner by others. 9. Advise the Owner of any need for Owner to provide data or services of the types described in Article 2 of the Agreement, for use in Specific Project design, or in preparation for Contractor selection and construction. Site;10. Assist Owner On evaluating the pn__,;S0_hIe i-l-se of building infE)Ffflation FnE)deIiRg; ciVil other strategies, technologies, OF techniques for assisting in the design, , and opelFation of OwneF'S facilities. The subject matter of this paragraph will be FefeFred to in Exh*bot A as "Specifie PFeject Strategies, echnele^ie -Tees." 3-1710. Assist Owner in identifying opportunities for enhancing the sustainability of the Specific Project, and pursuant to Owner's instructions, plan for the inclusion of sustainable features in the design. 4-2,11. Review with Owner the thresholds established in applicable codes, standards, and design criteria specifically governing the ability of the proposed facilities or improvements to perform, and to absorb or avoid damage without suffering complete or substantial failure. As part of the review, identify additional risk assessment studies or tools that are available to evaluate the susceptibility of the facilities or improvements to natural and man-made events beyond the applicable established thresholds. Upon Owner request, as an additional service, perform additional risk assessment studies or tools to further evaluate system resiliency beyond the applicable established thresholds. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 26 "_' 12. Utilities, including Underground Facilities a. Review any utility mapping and surveys and other utilities documentation made available by Owner. Take note of observable utilities during Site visit. b. Identify, in a preliminary manner and to the extent determinable by such mapping or other information provided by Owner, and by observations at the Site, those utilities (whether above -ground utilities of any type, or Underground Facilities) likely to be affected by the Specific Project construction and additional utility facilities or extensions that will be needed to serve the Specific Project. c. If the impact on existing utilities or the need for additional utility facilities or extensions cannot reasonably be determined in a preliminary manner from mapping or other information provided by Owner, or such information was not available from Owner, then assist Owner in evaluating the need to either obtain additional utility mapping and utility documentation during the Study and Report Phase, or undertake other alternative approaches and contingencies to account for utility uncertainties in this phase. d. Advise Owner of additional utility documentation and coordination needed during the design and construction phases to adequately assess, mitigate, and manage the impact of the Specific Project (including any additional utility facilities or extensions needed to serve the Specific Project) on existing utilities. e. Use ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" as a means to advise the Owner regarding the extent and identification and mapping of existing Underground Facilities during the design and construction phases. 1) If Owner has retained a land surveyor, utility engineer, or utility consultant, collaborate with such individuals or entities regarding the application of ASCE 38. .: Inquire regarding survey methodologies and technologies that would aid in addressing Owner's Specific Project requirements. Develop a scope of work and survey limits for any topographic and other surveys necessary for design. For recommended survey deliverables, specify a) required technical specifications; b) pertinent datum; c) survey limits, and d) formats of deliverables. Collaborate with land surveyor, when separately retained by Owner or third party, to develop such scope of work. 4& 14. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and Engineer's recommended solution(s). a. For each recommended solution, Engineer will separately tabulate Total Project Cost, itemizing those items and services included within the definition of Total Project Costs. b. Engineer will meet with Owner to discuss the draft Report and receive Owner's comments. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 26 1-6,15. Perform or provide the following other Study and Report Phase tasks or deliverables: a. TCEQ/AWWA Inspection of storage tanks (East Live Oak Elevated Storage Tank, Northcliff Elevated Storage Tank, Ware Seguin Ground Storage Tank): 1) Above and Underwater inspection of listed facilities 2) Underwater narrated video photography, with remote camera 3) Interior and exterior photos of corrosion 4) Detailed Written report with photos b. BakerRisk Laboratory Analysis: 1) Visual and photo documentation of samples 2) Digital optical microscopy 3) Metallography 4) Composition analysis of pipe, weld, and scale/corrosion product 5) Determine the cause(s) of the failure. 6) Recommend replacement materials, if any change is required. 7) Provide detailed report. c. Furnish the Report and any other Study and Report Phase deliverables to Owner pursuant to the requirements of the Deliverables Schedule in Exhibit B, and review the deliverables with Owner. j Revise the Report and any other Study and Report Phase deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule. B. Engineer's services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the final Report (as revised) and any other Study and Report Phase deliverables. 1.03 Preliminary Design Phase A. After acceptance by Owner of the Report and any other Study and Report Phase deliverables (if Engineer's services under this Agreement included Study and Report Phase services); selection by Owner of a recommended solution; issuance by Owner of any instructions for use of Specific Project Strategies, Technologies, and Techniques, or for inclusion of sustainable features in the design, or enhanced resiliency of the design; indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Specific Project desired by Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this Exhibit A, Engineer and Owner shall discuss, resolve, and document in writing any necessary revisions to Engineer's scope of services, compensation (through application of the provisions regarding Additional Services, or otherwise), and the time for completion of Engineer's services, resulting from the selected solution, related Specific Project Strategies, Technologies, or Techniques, sustainable design and resiliency instructions, specific Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 26 modifications to the Specific Project, or changes, refinements, or supplementation of the Baseline Information. Upon written authorization from Owner, Engineer shall: 1. Review and assess all available Specific Project information and data, including any pertinent reports or studies (whether prepared by Engineer or others) and any related instructions from Owner. 2. Based on the threshold review and assessment of available information and data, advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer any additional information and data, for Engineer's use in the preparation of a Preliminary Design Phase Report. 3. Prepare a Preliminary Design Phase Report in the following format a. narrative report with calculations and summary of design decisions as described below b. assemblage of preliminary construction plans. 4. The Preliminary Design Phase Report will consist of final design criteria, preliminary drawings, a preliminary list of expected specifications, and written descriptions of the Specific Project. The Preliminary Design Phase Report will consider the following matters to the extent applicable to the Specific Project and as necessary to establish the basis of design for proceeding to final design and construction: a. The Specific Project concept, intent, performance criteria, desired outcomes, Owner's standards and Owner directed improvements and facility elements as established in the Study and Report Phase and as expressly set forth in the Baseline Information section of this Exhibit A (collectively the "Specific Project Goals"). b. Recommended appropriate design criteria for each primary portion and significant discipline of the design necessary to address the Specific Project Goals. c. Site conditions and characterization as known at the time of, or to be determined during, the Preliminary Design Phase, including topography; subsurface information; Constituents of Concern; cultural, historical, and archaeological resources at the Site; wetlands information; and evaluations of flora and fauna that may be affected by the Specific Project. d. The time schedule for completion of the Specific Project in accordance with Specific Project Goals, including any recommended changes to the time required , to complete the Final Design Phase (as set forth in Exhibit B, Deliverables Schedule) and estimated schedule(s) for construction. e. Identification of major items of materials and equipment, rationale for selection with consideration of quality, suitability, pricing, sourcing, regulatory, and bidding issues affecting recommended selection. Revised opinions of probable Construction Cost. g. The impact of Specific Project Strategies, Technologies, and Techniques, sustainable features, and enhanced resiliency selected by Owner for inclusion in Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 26 the Specific Project on the Specific Project Goals, schedule and probable Construction Cost, including impact of multiple prime construction contracts, separate procurement of materials or equipment, and other alternate project delivery methods when the Specific Project Goals necessitate and Owner authorizes; h. Construction Phase quality assurance and quality control needs affecting development of Drawings and Specifications and other Final Design and Bidding Phase documents. The effect of permits and authorizations by other entities and utility coordination needs on the Specific Project. j. Other matters and information pertinent to addressing the Specific Project Goals. 5. In preparing the Preliminary Design Phase Report, use any specific applicable Specific Project Strategies, Technologies, and Techniques authorized by Owner during or following the Study and Report Phase, and include sustainable features and enhanced resiliency, as appropriate, pursuant to Owner's instructions. 6. Visit the Site as needed to prepare the Preliminary Design Phase Report. 7. If at any point in the Preliminary Design Phase it becomes apparent to Engineer that additional reports, data, information, or services of the types described in Article 2 are necessary, then so advise Owner, and assist Owner in obtaining such reports, data, information, or services. 8. Above -Ground Utilities a. Review above -ground utilities information obtained from Owner and from observations at the Site. b. Make recommendations regarding any further identification, investigation, and mapping of above -ground utilities at or adjacent to the Site, for Engineer's design purposes or otherwise. c. Account for above -ground utilities, based on available information, when advancing design during the Preliminary Design Phase. 9. Underground Facilities a. Review Underground Facilities data furnished by Owner. Assist Owner in reducing and managing risks associated with Underground Facilities by working together with Owner to jointly establish a procedure ("Underground Facilities Procedure") for the further identification, investigation, and mapping of Underground Facilities at or adjacent to the Site, using ASCE 38, "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data," as a basis for establishing such Underground Facilities Procedure. b. Such Underground Facilities Procedure must take into account the Site and the nature of the Specific Project. c. Use the Underground Facilities Procedure to aid in the performance of design services: Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 26 1) Account for Underground Facilities, based on available information, when advancing the design during the Preliminary Design Phase. 2) The Underground Facilities Procedure will include a plan to keep Underground Facilities information current as Engineer proceeds with the provision of design services, and to add new or relocated Underground Facilities information to the base utility or Site drawings. 3) To manage the potential impact of design changes on Underground Facilities, Engineer shall work together with Owner to modify or reapply the Underground Facilities Procedure as the design progresses and changes. 10. Mitigation of Utilities Conflicts a. Identify potential conflicts between the Specific Project (including existing and new facilities and structures) and above -ground utilities and Underground Facilities as reviewed in Exhibit A Paragraphs 1.03.6.8 and 9 above, and advise Owner regarding the need for resolution of such conflicts with utility and Underground Facilities owners and permit agencies. Identify the potential need for the relocation of existing above -ground utilities and Underground Facilities. b. Update the Underground Facilities Procedure as necessary for any Underground Utilities conflicts and relocations. c. Working together with Owner, jointly identify which specific parties or other entities will be responsible for implementation of the various specific parts of the Underground Facilities Procedure (including those parts that address resolution of Underground Facilities conflicts), and for resolution of above -ground utilities conflicts. Such identification will take into account Owner's authority and standing, as owner of the Site, with respect to Underground Facilities and above -ground utilities. 1) To the extent that Owner and Engineer agree that in addition to performing the design -related obligations set forth in Exhibit A Paragraphs 1.03.13.8 and 9, Engineer will also implement any non -design part of the Underground Facilities Procedure (including resolution of Underground Facilities conflicts), or undertake resolution of above -ground utilities conflicts, such additional duties will be Additional Services under Article 2 of this Exhibit A. 11. Surveys, Topographic Mapping, and Utility Documentation a. Coordinate with Owner's utility engineer, utility consultant, or land surveyor for the necessary field surveys, topographic mapping, and utility documentation required for Engineer's design purposes, or by the Underground Facilities Procedure. b. If no scope of work and procedure for utility documentation has been established, selected, or authorized, then at a minimum Engineer will contact utility owners and obtain available information. Except as otherwise provided in this Agreement, Owner acknowledges that the information gathered from utility owners may be incorrect, incomplete, outdated, or otherwise flawed, and as to Engineer, bidders, and Contractor, the Owner accepts all associated risks. Owner reserves all Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 26 associated rights as to recourse against the sources of such flawed information and against third parties. 12. Prepare initial draft of a comprehensive permit document that identifies Owner's permit duties, Engineer's permit duties, and Contractor's permit duties, and the schedule for permitting activities. 13. Continue to assist Owner with Specific Project Strategies, Technologies, and Techniques that Owner has chosen to implement in Exhibit A Paragraph 1.03.A. 14. Obtain Owner's instructions regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's Bidding/Proposal Documents and Front -End Construction Contract Documents. a. Also obtain copies of Owner's standard Bidding/Proposal Documents and Front - End Construction Contract Documents (if other thanmodified version of the EJCDC 2018 Construction Series documents), and any other related documents or content for Engineer to include in drafts of the Specific Project -specific Bidding/Proposal Documents and Front -End Construction Contract Documents, when applicable. b. Review Owner's instructions regarding procurement, bidding and contracting of construction services with respect to effects on the Specific Project design, schedule and construction and address as needed in the Preliminary Design Phase deliverables. 15. Prepare the Preliminary Design Phase Report. This Report will consist of, as appropriate, separate or combined submittals in whole or summary, the Preliminary Design Phase documents listed in Exhibit A Paragraph 1.03.B.4, and Engineer's findings and recommendations for advancing the Specific Project to the Final Design Phase (including Engineer's findings and recommendations, if any, regarding permitting, utilities, and Underground Facilities). The submittal will be in the format of a report, or otherwise organized and assembled for ease and practicality of use. a. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and on the basis of information furnished by Owner, assist Owner in tabulating the various cost categories which comprise Total Project Costs. b. Engineer will meet with Owner to discuss the draft Preliminary Design Phase submittal and receive Owner's comments. 16. Perform or provide the following other Preliminary Design Phase tasks or deliverables: a. Topographic Survey: Establish benchmarks control for each tank being painted to monitor future fluctuations in foundation b. Prepare construction plans for rehabilitation of tanks, tank piping, and painting c. Opinion of probable construction cost Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 26 17. Furnish the Preliminary Design Phase Repert, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner pursuant to the requirements of the Deliverables Schedule in Exhibit B, and review the deliverables with Owner. 18. Revise the Report and any etheF deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule. C. Engineer's services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Preliminary Design Phase Report (as revised) and associated documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables. 1.04 Final Design Phase A. After acceptance by Owner of the Pl eliminary Design Phase Report and any ^+lie- Preliminary Design Phase deliverables; issuance by Owner of any instructions for specific modifications or changes in the scope, extent, character, or design requirements of the Specific Project desired by Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this Exhibit A, Engineer and Owner shall discuss, resolve, and document any necessary revisions to Engineer's scope of services, compensation (through application of the provisions regarding Additional Services, or otherwise), and the time for completion of Engineer's services, resulting from specific modifications to the Specific Project, or changes, refinements, or supplementation of the Baseline Information. 1. 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 (1) If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. 2. If more than one prime construction contract is to be awarded for the Work designed or specified by Engineer, then Owner shall define and set forth (in an exhibit to this Agreement, or in a subsequent document) the duties, responsibilities, and limitations of authority of a person or entity that will have authority and responsibility for coordinating the activities among the various prime Contractors, and any resulting changes in the duties, responsibilities, and authority of Engineer. 3. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime construction contract, or if Engineer's services are to be separately sequenced with the work of one or more separate design professional consultants or 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/Proposal, Construction, and Post -Construction Phases in order to sequence and coordinate properly such services as are applicable under such separate prime construction contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such construction contracts is to proceed concurrently. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 26 B. Upon written authorization from Owner, Engineer shall prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor, in accordance with the Preliminary Design Phase Report (as revised) and other Preliminary Design Phase deliverables. As part of the preparation of the Drawings and Specifications, Engineer shall prepare interim drafts and final Drawings and Specifications as follows, pursuant to the Deliverables Schedule in Exhibit B: 1. First Final Design Phase draft of all Drawings and Specifications. 2. Second Final Design Phase draft of all DFawings and Specificatiens, addFess i Ag OwneF comm nts and including appropriate design advancement. 3. 2. Final Drawings and Specifications that address Owner comments; complete the design; are suitable for estimating and pricing by prospective Contractors; and are complete and ready for construction. C. In preparing the Specifications (and any bidding, contract, or other documents that are part of Engineer's scope of services), Engineer shall obtain from Owner or Owner's legal counsel any relevant constraints such as requirements for use of domestic steel and iron, other domestic purchasing requirements, statutory restrictions on utilizing proprietary specifying methods, and the like, and comply with or account for such constraints in drafting Specifications, Bidding/Proposal Documents, and other Specific Project documents. D. Engineer shall prepare or assemble draft Bidding/Proposal Documents and Front -End Construction Contract Documents as follows: 1. Such documents will be based on the 2018 EJCDC Construction Documents, and on the specific bidding or Contractor selection -related instructions and forms, contract forms, text, or other content received from Owner. 2. When Engineer is required to use other than the 2018 EJCDC Construction Documents, then as required in the Preliminary Design Phase Owner will furnish to Engineer a copy of the required documents to be used for the Specific Project's Bidding/Proposal Documents and Front -End Construction Contract Documents. Prior to the first Final Design Phase submittal, Engineer will review the bidding and contracting documents furnished by Owner and provide comments to Owner. Engineer will meet with Owner to discuss Engineer's comments. Owner will consider Engineer's recommendations to revise Owner's documents for the Specific Project. 3. Engineer will furnish to Owner, for review by Owner's legal counsel, the draft Bidding/Proposal Documents and Front -End Construction Contract Documents. Owner and Owner's legal counsel must transmit to Engineer, in a timely manner, one coordinated set of comments and revisions to the draft documents. E. During the Final Design Phase the Engineer shall continue to account for above -ground utilities and Underground Facilities as the design advances and is finalized. This may include: 1. performing the services assigned to Engineer under the Underground Facilities Procedure described in Exhibit A Paragraph 1.03 above, including but not limited to the design -related tasks in Exhibit A Paragraph 1.03.13.9. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 26 2. addressing required and proposed activities or mitigations identified in the analysis of utilities and by the Underground Facilities Procedure as having an impact on the final design, and considering such in preparing the Drawings and Specifications. F. Engineer shall perform or furnish the following other Final Design Phase services: 1. Visit the Site as needed to assist in preparing the final Drawings and Specifications. 2. Assist with or prepare applications for permits and approvals, as follows: a. Update comprehensive permit document created in Preliminary Design Phase for Final Design detail. b. Prepare the following applications for Owner's submittal to authorities having jurisdiction over the construction or operation of the Specific Project: 1) TCEQ/EPA on lead paint mitigation if required c. Confer with Owner regarding revisions, if any, to the application(s), and make appropriate revisions to the application(s) for Owner's resubmittal to the authority having jurisdiction. d. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of the authorities having jurisdiction listed above, including applications for review or approval of the final design. e. Identify and indicate in the Construction Contract Documents the permits and approvals for which Contractor will be responsible, including work permits, building permits, and other permits and approvals that will be Contractor's responsibility; and, in addition, indicate those permits initially obtained by Owner for which Contractor will be a co-permittee, together with associated requirements. f. Unless expressly indicated otherwise, Engineer's scope and budget includes attending one meeting or conference call with each permit and approval -issuing agency to discuss the Specific Project and receive the agency's comments on the application. g. Engineer does not guarantee issuance of any required permit or approval. h. Fees charged by authorities having jurisdiction for such permits or approvals are the responsibility of Owner. 3. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. Furnish to Owner an updated opinion of probable Construction Cost with the interim and final deliverables of the Drawings and Specifications. 4. After consultation with Owner, include in the Front -End Construction Contract Documents any Electronic Document Protocol addressing specific protocols for the transmittal of Specific Project -related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Specific Project website. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 26 5. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which bidders or other prospective contractors may rely. 6. Review the preliminary schedule for the Construction Phase and advise Owner when initial understanding of the Construction Contract Times must or should be revised, and furnish Owner with recommendations on revisions to the proposed Construction Contract Times. 7. Engineer's project manager and other appropriate staff will participate in the following meetings and conference calls: a. First draft design review meeting at Owner's office. b. Second draft desigA Feview meeting at Owner's office. E. Indicate ethers a5 appi-vpi*'acc for the Specific -Fvjcccr d:b_Engineer will prepare and distribute minutes of each such meeting and conference call, indicating attendees, topics discussed, decisions made, and action items for follow-up. 8. Perform or provide the following other Final Design Phase activities or deliverables: a. Construction plans for rehabilitation of tanks, tank piping, and painting b. Report on final benchmark establishment at each tank c. Bid Documents d. Construction Estimates G. Engineer shall complete the Final Design Phase as follows: 1. Pursuant to the requirements of the Deliverables Schedule in Exhibit B, furnish for review by Owner, its legal counsel, and other advisors, the final Drawings and Specifications (as set forth in Exhibit A Paragraph 1.04.B.3 above); assembled drafts of other Construction Contract Documents including the draft Front -End Construction Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable Construction Cost; and any other Final Design Phase deliverables, and review the deliverables with Owner. 2. Revise the final Design Phase deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule. 3. Engineer's services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications; assembled drafts of the Front -End Construction Contract Documents; the draft Bidding/Proposal Documents; and any other Final Design Phase deliverables, as revised. 1.05 Bidding/Proposal Phase A. After acceptance by Owner of the final Drawings and Specifications; assembled drafts of other Construction Contract Documents, including the draft Front -End Construction Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 26 Construction Cost as determined in the Final Design Phase, and any other Final Design Phase deliverables, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work; assist Owner in issuing assembled Bidding/Proposal Documents and proposed Construction Contract Documents to prospective contractors; if applicable, maintain a record of prospective contractors to which documents have been issued; attend pre -bid conferences, if any; and receive and process contractor deposits or charges, if any, for the issued documents. a. Owner's procurement website 2. Prepare and issue addenda as appropriate to clarify, correct, or change the issued documents. 3. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding - related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of Exhibit A Paragraph 2.01.A.2. 4. Attend the bid opening; prepare bid tabulation sheets; and assist Owner in evaluating bids or proposals, assembling final Construction Contracts for the Work for execution by Owner and Contractor, and in preparing notices of award to be issued by Owner for such contracts. 5. Provide information or assistance needed by Owner in the course of any review of bids, proposals, or negotiations with prospective contractors. 6. Consult with Owner as to the qualifications of prospective contractors. 7. Consult with Owner as to the qualifications of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as to which review of qualifications is required by the issued documents. 8. If Owner engages in negotiations with bidders or proposers, assist Owner with respect to technical and engineering issues that arise during the negotiations. 9. Perform or provide the following other Bidding/Proposal Phase tasks or deliverables: a. none 10. The Bidding/Proposal Phase will be considered complete upon award of Construction Contracts for the Work and commencement of the Construction Phase, or upon cessation of negotiations with prospective contractors. 1.06 Construction Phase A. After completion of the Final Design Phase and concurrent with the Bidding/Proposal Phase, and after issuance by Owner of any instructions for specific modifications or changes in the scope, extent, character, design, schedule, number of prime construction contracts, and other construction requirements of the Specific Project during the Construction Phase desired by Owner, the Engineer and Owner shall discuss, resolve, and document any Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 26 necessary revisions to Engineer's scope of services or compensation (through application of the provisions regarding Additional Services, or otherwise), or the time for completion of Engineer's services, resulting from specific modifications to the Specific Project. 1. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A Paragraph 1.06, as duly modified. With the exception of such expressly required services, Engineer shall have no design, Submittal (including Shop Drawing) review, or other obligations during construction, and Owner assumes all responsibility for providing or arranging for all other necessary Construction Phase administrative, engineering, and professional services. 2. Owner waives all claims against Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants, and Engineer's Subcontractors, that may be connected in any way to Construction Phase administrative, engineering, or professional services except for those services that are expressly required of Engineer in Exhibit A. Notwithstanding the foregoing waiver, Engineershall be responsible for any professional opinions and interpretations provided by Engineer to Owner during the Construction Phase or Post -Construction Phase, including interpretations or clarifications of the Construction Contract Documents. B. Upon successful completion of the Bidding/Proposal Phase, and upon written authorization from Owner, Engineer shall provide the following services: 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in this Agreement and the Construction Contract. Unless otherwise set forth in the scope of Basic Services (as duly modified), the extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (2018) or other construction general conditions specified in this Agreement. Except as otherwise provided in the Construction Contract, Owner's communications to Contractor will be issued through Engineer. a. If the responsibilities of Engineer as set forth in the Construction Contract are greater than those Construction Phase services expressly required of Engineer in Exhibit A Paragraph 1.06, as duly modified, then Owner shall either (1) expand the scope of the Construction Phase services to match those of the Construction Contract, and compensate Engineer for any related increases in the cost to provide Construction Phase services, pursuant to the provisions for compensating Additional Services, or (2) identify a qualified individual or entity (other than Engineer) responsible for the additional responsibilities in the Construction Contract. b. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, or if Owner requires Engineer's services for construction that extends longer than the anticipated Construction Contract Times, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services, pursuant to the provisions for compensating Additional Services. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 26 c. Engineer shall not be required to furnish or perform services contrary to Engineer's responsibilities as a licensed professional. 2. Field Office: [Delete or ei1it as applicable to the Specific Project] E R` d Resident PlPejeet RepFesentative (of any) will be based In a fieldOffiEe at the Site. The field effiee will befUFnished and maintained at OwneF's expense, and will includereasonable facilities, be seCUFed fer ERgineeF'S (and 111214's) exclusive use.Deleted 3. Engineer and to ide extensive b, t' �, �c airci�v�rovlac ii�vre eicrcn��v�vo�c�vacll3n Eif EElntraEter'S Wvrlr Dut+e.�, eNeihiliti �es, al,and �terity of the DOD are as set forth in Exhibit it D. The F b, f such RRR's services —.gill not limit, extend, or modifyeeF's Fesp or,�,nri,t;es yauthority except as eXpFessly set feFth an Exhibit D. [if EngineeF will not be PFGVi A - ding RPR serviiees under the specific Task OrdeF, then delete this ParagFaph 3 by insenting the Fd "DELETED" after the ph title. do ofinclude Exhab: D as an exhibit to the specific Task 1 and do not include RPR compensation in PaFagFaph -7 of the Exhibit speEifie Task Orde 'Deleted4 4. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform required testing services. 5. Pre -Construction Conference: Participate in a pre -construction conference prior to commencement of Work at the Site; prepare and distribute agenda for the conference and prepare and distribute minutes of such conference. 6. Electronic Transmittal Protocols: If the Construction Contract does not establish protocols for transmittal of Electronic Documents by Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. 7. Original Documents: If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 8. Schedules: Receive, review, and, and, subject to the criteria of the Construction Contract, 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. Advise Contractor in writing of Engineer's comments or acceptance of schedules. a. Schedules will be acceptable to Engineer as to form and substance: 1) Progress Schedule: if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 26 2) Contractor's Schedule of Submittals: if it provides a workable arrangement for reviewing and processing the required Submittals. 3) Contractor's Schedule of Values: if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 9. 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. 10. Permits: Provide Owner with copies of technical information and supporting data previously obtained or developed by Engineer for Owner's use, or for Owner to provide to Contractor, in obtaining required permits and licenses delegated to Contractor by Owner. 11. 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 the Work, 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, including its RPR, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Construction 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 its RPR, 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 Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. Engineer will make a report of Engineer's visit, summarizing Engineer's general observations and any significant findings. b. The purpose of Engineer's visits to the Site, 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 by this Agreement 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 Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Specific Project as a functioning whole as indicated in the Construction Contract Documents. Engineer will not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor will Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor's work in progress, for the coordination of the Constructors' work or schedules, nor for any failure of any Constructor to comply with Laws and Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 26 Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. 12. Defective Work: If, on the basis of Engineer's observations or as indicated in documentation available to Engineer, Engineer believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, Engineer will promptly issue written notice to Contractor (with copy to Owner) of such defective Work. Such notice will communicate the scope, extent (to Engineer's understanding) of defect, and associated provisions of the Construction Contract Documents. a. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting the defective Work in accordance with the provisions of the Construction Contract Documents. Engineer shall give notice to Contractor regarding whether the defective Work should be repaired, replaced, or will be accepted by Owner. b. However, Engineer's authority to provide this information to Owner or Engineer's decision to exercise or not exercise such authority will not give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 13. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept of the completed Specific Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 14. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 15. Non -reviewable Matters: If a submitted matter in question concerns the Engineer's performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (a) the performance or acceptability of the Work under the Construction Contract Documents, (b) the design (as set forth in the Drawings, Specifications, or otherwise), or (c) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 16. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 26 17. 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. 18. 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 must 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. 19. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to Underground Facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner's use subject to limitations of Engineer's obligations under this Agreement. 20. Contractor's Submittals: Review and approve or take other appropriate action with respect to required Contractor Submittals, but only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Construction Contract Documents, and for compatibility with the design concept of the completed Specific Project as a functioning whole as indicated by the Construction 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. 21. Substitutes and "Or -equals": Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor, but subject to the provisions of Exhibit A Paragraph 2.01.A.2. 22. Inspections and Tests a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer's review of such certificates will be for the purpose of determining whether the results certified indicate compliance with the Construction 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 Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. Reply to Contractor requests for written concurrence that specific portions of the Work that are to be inspected, tested, or approved may be covered. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 26 C. Issue written requests to Contractor that specific portions of the Work remain uncovered. d. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. e. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 23. Contractor's 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. Recommend reductions in payment (set offs) based on the provisions for set offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, within the limits of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Construction 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 Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appearto have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price Work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending 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. 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 the Work, 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 money paid to Contractor by Owner; to determine that title to any portion of the Work, including 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. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 26 24. Contractor's Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data approved as provided under Exhibit A Paragraph 1.06.6.20. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer's review of record documents will be to check that Contractor has submitted a complete set of those documents that Contractor is required to submit. 25. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, visit the Site in company with Owner and Contractor to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner's objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner's use or occupancy of the Work following Substantial Completion. 26. Other Tasks: Perform or provide the following other Construction Phase tasks or deliverables: 27. Completion and Acceptability of the Work: After notice from Contractor that the Work is complete: a. visit the Site with Owner and Contractor to determine if the Work is in fact complete and acceptable; b. notify Contractor of any part of the Work that is found during the visit to be incomplete or defective, and subsequently confirm that Contractor has corrected any such deficiencies; c. follow the procedures in the Construction Contract regarding review and response to Contractor's application for final payment and accompanying documentation; and d. if Engineer is satisfied that the Work is complete and acceptable, provide a notice to Owner and Contractor using E1CDC® C-626, Notice of Acceptability of Work (attached as Exhibit E), stating that the Work is acceptable (subject to the provisions of the Notice and this Exhibit A) within the limits of Engineer's knowledge, information, and belief, and based on the extent of the services provided by Engineer under this Agreement. 28. Standards for Certain Construction -Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. E1CDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 26 connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. C. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractor. If the Specific Project involves more than one prime contract as indicated in Exhibit A Paragraph 1.04.A.1, 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. 1.07 Post -Construction Phase A. Upon written authorization from Owner during the Post -Construction Phase, Engineer shall: 1. Together with Owner, visit the Specific Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Specific Project within one month before the end of the Construction Contract's correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. 3. Perform or provide the following other Post -Construction Phase tasks or deliverables: a. Prepare a plan of record based on Contractor redlines approved by the City Inspector. B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate 12 months after the commencement of the Construction Contract's correction period. ARTICLE 2—ADDITIONAL SERVICES 2.01 Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Paragraph 7 of the governing Task Order. 1. Substantive design and other technical services in connection with Work Change Directives, Change Proposals, and Change Orders to reflect changes requested by Owner. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 26 Services essential to the orderly progress of the Bidding/Proposal and Construction Phases and not wholly quantifiable prior to those Phases or otherwise dependent on the actions of prospective individual bidders or contractors and including: a. making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or equal" items; b. services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Specific Project; c. evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract; and d. providing to the Contractor or Owner additional or new information not previously prepared or developed by the Engineer for their use in applying for or obtaining required permits and licenses, in responding to agency comments on such applications, or in the administration of any such permits or licenses. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Implement coordination of Engineer's services with other parts of the Specific Project that are not planned or designed by Engineer or its Subconsultants, unless Owner furnished to Engineer substantive information about such other parts of the Specific Project prior to the parties' entry into this Agreement, in the Baseline Information section of this Exhibit A, or otherwise in Exhibit A; if such substantive information has been so provided, coordination of Engineer's services will be part of Basic Services. 6. Implement the specific parts of an Underground Facilities Procedure that are assigned to Engineer, or above -ground utilities tasks that are assigned to Engineer as the Specific Project progresses (but not including the design -related services already assigned to Engineer as a Basic Service). 7. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 8. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 9. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 26 10. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, State, or local safety authorities for similar construction sites. 11. To the extent the Specific Project is subject to Laws and Regulations governing public or government records disclosure or non -disclosure, Engineer will comply with provisions applicable to Engineer, and Owner will compensate Engineer as Additional Services for Engineer's costs to comply with any disclosure or non -disclosure obligations beyond those identified in the Basic Services. 12. Services directly attributable to changes in Engineer's Electronic Documents obligations after the effective date of the Agreement. 2.02 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are not included as part of Basic Services and will be paid for by Owner as indicated in Paragraph 7 of the governing Task Order. 1. Obtain or provide specified additional Specific Project -related information and data to enable Engineer to complete its Basic and Additional Services. 2. Preparation of special and customized reporting, invoicing, and related support documentation in addition to that identified to be provided under Basic Services. 3. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. 4. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 5. Services resulting from significant changes in the scope, extent, or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project's design requirements, including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 6. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1. 7. Services required as a result of Owner's providing incomplete or incorrect Specific Project information to Engineer. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 26 8. Providing renderings or models for Owner's use, including development, management, and other services in support of building information modeling or civil integrated management. 9. Undertaking investigations and studies including, but not limited to: a. All -hazards risk assessments and other studies to evaluate the feasibility of enhancing the resiliency of the design; b. detailed consideration of operations, maintenance, and overhead expenses; c. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Specific Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities; d. preparation of appraisals; e. with respect to proprietary systems or processes requiring licensing, providing services necessary to assist Owner in obtaining such licensing. f. detailed quantity surveys of materials, equipment, and labor; and g. audits or inventories required in connection with construction performed or furnished by Owner. 10. Furnishing services of Subconsultants or Engineer's Subcontractors for other than Basic Services. 11. Providing data or services of the types described in Article 2, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. 12. Providing the following services: a. Services attributable to more prime construction contracts than specified in Exhibit A Paragraph 1.04.A.1. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner's contract for such services. 13. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner's office as required in Basic Services (Article 1 of Exhibit A). 14. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 15 Preparing additional bidding -related documents (or requests for proposals or other construction procurement documents); preparing pre -qualification procedures and documents, and participating in pre -qualifying prospective Bidders; and preparing Construction Contract Documents for alternate bids. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. E1CDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 26 16. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 17. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all addenda and any amendments negotiated by Owner and Contractor. 18. Services to assist Owner in developing or modifying protocols for transmittal of Electronic Documents by Electronic Means after the effective date of this Agreement, either by revising or adapting Exhibit F to the Specific Project or implementing other Electronic Documents protocols among Specific Project participants. 19. Any services by Engineer in connection with Owner or Engineer providing a Document to a Requesting Party under Exhibit F Paragraph 1.01.D (see Exhibit F, Electronic Documents Protocol), or any other distribution of a Document to a third party. Such services may include but are not limited to preparing the data contained in the requested Document in a manner deemed appropriate by Engineer; creating or otherwise preparing and distributing the Document in a format necessary to respond to Owner's direction or decision to provide the Document to a requesting party, including Contractor, in a format other than that required for deliverables from Engineer to Owner; and services in connection with obtaining required releases from the third parties to which the Documents will be distributed. Compensation for these Additional Services is not contingent upon Owner's reimbursement from the requesting party. 20. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 21. Preparing Record Drawings, and furnishing such Record Drawings to Owner. 22. Supplementing Record Drawings with information regarding the completed Specific Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 23. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 24. Preparation of operation, maintenance, and staffing manuals. 25. Protracted or extensive assistance in refining and adjusting of Specific Project equipment and systems (such as initial startup, testing, and balancing). 26. Assistance to Owner in training Owner's staff to operate and maintain Specific Project equipment and systems. 27. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Specific Project equipment and systems, and (b) related recordkeeping. 28. Preparing to serve or serving as a consultant or witness for, or producing documents for or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 26 other legal or administrative proceeding involving the Specific Project (but not including disputes between Owner and Engineer). 29. Overtime work requiring higher than regular rates. 30. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Exhibit A Paragraph 1.06.B.9; any type of property surveys or related engineering services needed for the transfer of interests in real property; providing construction and property surveys to replace reference points or property monuments lost or destroyed during construction; and providing other special field surveys. 31. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. a. Lead Base Paint Sampling and Report 1) For Ware Seguin Ground Storage Tank - includes site visit, field time, travel, report, XRF use, and analysis of up to three (3) bulk LCP samples b. Additional Services: 3rd Party Inspection of Welds for Northcliffe EST (Northeast Quadrant Tank) and the East Live Oak EST (Southwest Quadrant Tank) 1) Radiographic testing of the following: a) 10ea, 16"/SCH 40 Pipe Welds b) 10ea, 18/SCH 40 Pipe Welds 2) Magnetic Particle Testing of the following: a) Pipe to Flange Fillet Welds b) Weld-O-let to Pipe Welds 32. Extensive services required during any correction period, or with respect to monitoring Contractor's compliance with warranties and guarantees called for in the Construction Contract (except as agreed to under Basic Services). 33. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. Exhibit A —Engineer's Services Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 26 EXHIBIT B—TASK ORDER DELIVERABLES SCHEDULE Paragraphs 2.04.E, 3.02.A, and Exhibit A of the Main Agreement are supplemented by the following paragraph and table. Under the governing Task Order the Engineer shall furnish Documents to Owner as required in Column 2 of the following table (and as further described in Exhibit A), according to the schedule in Column 4. Owner shall comment or take other identified actions with respect to the Documents as indicated in Column 2 (and as further described in Exhibit A), according to the schedule in Column 4. Party Action Engineer Submit one (1) review copies of the Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Owner Engineer Engineer Owner Engineer Exhibit A Schedule Reference 1.03.B.17 Within 70 days of Owner's authorization to proceed with Preliminary Design Phase Submit comments regarding 1 1.03.6.18 Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Engineer. Submit one (1) copies of the revised Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Submit one (1) copy of the first Final Design Phase draft of Drawings and Specifications to Owner. Submit comments and instructions regarding the first Final Design Phase draft of Drawings and Specifications to Engineer. Submit one (1) copies of the final, completed, pricing -ready and construction -ready Drawings and Specifications to Owner. Owner f Submit comments and instructions regarding the final, completed, pricing -ready and construction - ready Drawings and Specifications to Engineer. Owner Submit comments and instructions regarding drafts of Bidding/Proposal and Front -End Construction Contract Documents, and any other Final Design Phase deliverables (other than Drawings and Specifications) to Engineer. services. Within 15 days of the receipt from Engineer of Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. 1.03.B.18 I Within 7 days of the receipt of Owner's comments regarding the Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. 1.04.B.1 Within 30 days of Owner's authorization to proceed with Final Design Phase services. 1.04.B.1 Within 15 days of the receipt of the first final Design Phase drafts of Drawings and Specifications from Engineer. 1.04.B.3 Within 30 days of the receipt of Owner's and comments and instructions regarding the 1.04.G.1 second Final Design Phase drafts of Drawings and Specifications. 1.04.G.2 I Within 15 days of the receipt from Engineer of the final, completed, pricing -ready and construction -ready Drawings and Specifications. 1.04.D.3; Concurrent with Owner's submittal of 1.04.F.8 comments and instructions regarding the final, completed, pricing -ready and construction -ready Drawings and Specifications. Exhibit B—Task Order Deliverables Schedule. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright© 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 Action Exhibit A C Schedule Reference Engineer Submit to Owner: One (1) copies of the revised final, 1.04.G.2; completed, pricing -ready and 1.04.G.3 construction -ready Drawings and Specifications; and One (1) copies of assembled Bidding/Proposal and Front -End Construction Contract Documents, and any other Final Design Phase deliverables. Engineer Submit One (1) copies of 1.05.A.9.a Bidding/Proposal Phase deliverables (if any) identified in Exhibit A Paragraph 1.05.A.9.a to Owner Within 15 days of receipt of Owner's final comments and instructions regarding the regarding the final, completed, pricing -ready and construction -ready Drawings and Specifications, the Bidding/Proposal and Front -End Construction Contract Documents, and any other Final Design Phase deliverables. I Within 5 days of written authorization by Owner to proceed with Bidding/Proposal Phase services. Exhibit B—Task Order Deliverables Schedule. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 EXHIBIT C—RESERVED Guidance Notes —Exhibit C 1. See Exhibit C—Amendment to Main Agreement, in E-505 Part 2 of 4: Exhibits to Main Agreement. Exhibit C—Reserved. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT D—DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE UNDER TASK ORDER ARTICLE 1—RESIDENT PROJECT REPRESENTATIVE SERVICES - 0- 79" - B. The RPR will provide full tome reffesentatim [Fevise of Fepresentation will be less than full .. 3. ConfelFences and Meetings; Attend GentlFacter, meetings with such as ffecenStWtien eenferences,FOgrer_meetings, job rVenferenees, and ether Project related Meetings (bat net ineluding-Eentracter's safety rneetlRgs), and A -bite cepaes of m*nutes *tie.-e„F as appFepriateePaFe-m,d Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright° 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 5 4 Safety Comrpli^ Comply with Site safety FOsrams, as theyapplyt9 Beard if -� by sueh safety r•-•,b•. ci receivesafety SSpecifically �o DDD's o PeFSenal safety whale at the S*te. _!'Lii!ii!T'E . M.M. ■ ■ ■ r C• .T. ......... ■ 70. Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 5 ..M-T7.Tr_V= - - MR - obsewatien, ?coal testing, inspection, OF apffeval. I�G�i� r AI Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 5 d. ReGGFd and maintain te date lists the aCCUFate, up of cempany names and poin— of contact fer EentraEters SUbeentraCtGFS �-rraJvrvc'pP'rcrs-vr�rrcrrcy-rat3-a7-�tx and � '' F materials d to designated Fecipients. 13. Payment Requests! Review applications fGF payment •+l, veic„ the established irvccdTe + with GentraGteF f0F compliance heirferarard —F vF Fecommendations to Engineer-, noting submission and with the partieulaFly relationship of the payment requested to the sehedule of values, Werk completed, de"vered at the Site but not i r++e.J 7 the and mateFials and equipment W W7. NOW 2 ITII Completion a. PaFticipate on EngineeF'S visits to the Site FegaFdong Substanfial Completion, assist e n the deteFITIOnafien of Substantial Cempletien, and prier to the issuance of a GeFtIficate of Substantial punch Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 5 Completion a. PaFticipate on EngineeF'S visits to the Site FegaFdong Substanfial Completion, assist e n the deteFITIOnafien of Substantial Cempletien, and prier to the issuance of a GeFtIficate of Substantial punch Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyrightm 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 5 Omitted Exhibit D—Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Under Task Order. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 5 EXHIBIT E—EJCDC® C-626, NOTICE OF ACCEPTABILITY OF WORK (FORM) NOTICE OF ACCEPTABILITY OF WORK (EJCDC® C-626 2018) Owner: Owner's Project No.. Engineer: Engineer's Project No.: Contractor: Contractor's Project No.. Project: Contract Name: Notice Date: Effective Date of the Construction Contract: The Engineer hereby gives notice to the Owner and Contractor that Engineer recommends final payment to Contractor, and that the Work furnished and performed by Contractor underthe Construction Contract is acceptable, expressly subject to the provisions of the Construction Contract's Contract Documents ("Contract Documents") and of the Agreement between Owner and Engineer for Professional Services dated [date of professional services agreement] ("Owner -Engineer Agreement"). This Notice of Acceptability of Work (Notice) is made expressly subject to the following terms and conditions to which all who receive and rely on said Notice agree: 1. This Notice has been prepared with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the Engineer's professional opinion. 3. This Notice has been prepared to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's Work) under the Owner -Engineer Agreement, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Owner -Engineer Agreement. 5. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract, an acceptance of Work that is not in accordance with the Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents, or to otherwise comply with the Contract Documents or the terms of any special guarantees specified therein. 6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner's reservations of rights with respect to completion and final payment. Engineer By (signature): Name (printed): Title: Exhibit E—Notice of Acceptability of Work. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT F—RESERVED Guidance Notes —Exhibit F I. See Exhibit F—Electronic Documents Protocol (EDP), in E-505 Part 2 of 4: Exhibits to Main Agreement. Exhibit F—Reserved. Exhibits to Task Order. EICDC® E-505, Agreement between Owner and Engineer for Professional Services. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT G—RESERVED Guidance Notes —Exhibit G 1. See Exhibit G—Insurance, in E-505 Part 2 of 4: Exhibits to Main Agreement. Exhibit G—Reserved. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT H—RESERVED Guidance Notes —Exhibit H See Exhibit H—Dispute Resolution, in E-505 Part 2 of 4: Exhibits to Main Agreement. Exhibit H—Reserved. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition. Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 EXHIBIT I —RESERVED Guidance Notes —Exhibit I 1. See Exhibit I —Limitations of Liability, in E-505 Part 2 of 4: Exhibits to Main Agreement. Exhibit I —Reserved. Exhibits to Task Order. EJCDC® E-505, Agreement between Owner and Engineer for Professional Services —Task Order Edition, Copyright® 2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1