Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2006-30
RESOLUTION NO. 2006 - 30 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Agreement between the City of Blair, Nebraska and HDR Engineering, Inc. for the purpose of designing the water treatment plant expansion. WHEREAS, said Agreement is acceptable to the City of Blair. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and by this reference made a part hereof as though fully set forth herein, is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of the City of Blair, Nebraska. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF, BIFFAR AND MCMANIGAL, VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 27 DAY OF JUNE, 2006. —1— CITY OF BLAIR, NEBRASKA BY JA ES . REALPH, MAYOR ATTEST: 7 BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 27th day of June, 2006. BRENDA R. WHEELER, CITY CLERK STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES 'IBIS IS AN AGREEMENT effective as of —} u , 2006 City of Blair, Nebraska HDR Engineering, Inc. Owner intends to 1.01 Scope 2.01 General construct an expansion to its existing water treatment plant. Phase III — Water Treatment Plant Expansion Owner and Engineer agree as follows: ARTICLE 1- SERVICES OF ENGINEER A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibits A and D. ARTICLE 2 - OWNER'S RESPONSIBILITIES A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. 3.01 Commencement 3.02 Time for Completion Pagel of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. ( "Effective Date ") between ( "Owner") and ( "Engineer "). ( "Project"). ARTICLE 3 - SCHEDULE FOR RENDERING SERVICES A. Engineer shall begin rendering services as of the Effective Date of the Agreement. A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure. ARTICLE 4 - INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices. Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal. Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices. If Owner contests an invoice, Owner may withhold only that portion so contested, and must pay the undisputed portion Owner shall promptly notify Engineer of the disputed item and request either clarification or that remedial action be taken. After a disputed item has been settled, Engineer shall include the disputed item on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only. D. Legislative Actions. If after the Effective Date of the Agreement any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall pay such invoiced new taxes, fees, and charges; such payment shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. 5.02 Reserved ARTICLE 5 - OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.01 Standards of Performance A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar Page 2 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. B. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in Owner - furnished information. C. Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Subject to the standard of care set forth in paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with applicable Laws and Regulations and Owner - mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, and compensation. G. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. H. The General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (No. C -700, 2002 Edition) unless both parties mutually agree to use other General Conditions by specific reference in Exhibit J. I. Engineer shall not at any time supervise, direct, or have control over Contractor's work, nor shall J. Engineer neither guarantees the perfounance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the Work in accordance with the Contract Documents. K. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees and its Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer. 6.02 Reserved Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. 6.03 Use of Documents A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. A party may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. C. Because data stored in electronic media folivat can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees Page 3 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60 -day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a license to use the Documents on the Project, extensions of the Project, and other projects of Owner, subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project or on any other project without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to Engineer's Consultants; (3) Owner shall indemnify and hold harmless Engineer and Engineer's Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification without written verification, completion, or adaptation by Engineer; (4) such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner's request verifies or adapts the Documents for extensions of the Project or for any other project, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Reserved C. Owner shall require Contractor to purchase and maintain general liability and other insurance in accordance with the requirements of paragraph 5.04 of the "Standard General Conditions of the Construction Contract," (No. C -700, 2002 Edition) as prepared by the Engineers Joint Contract Documents Committee and to cause Engineer and Engineer's Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and Engineer's Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds or additional insureds thereunder. F. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension. By Owner: Owner may suspend the Project upon seven days written notice to Engineer. By Engineer: If Engineer's services are substantially delayed through no fault of Engineer, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement. B. Termination. The obligation to provide further services under this Agreement may be terminated: Page 4 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination. The terminating party under paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Upon payment due for services performed prior to the effective date of termination, Engineer shall deliver or otherwise make available to Owner all documents, data, drawings, specifications, reports, estimates, summaries, notes, and other information and materials as may have been produced or accumulated by Engineer in performing this Agreement. D. Payments Upon Termination. 1. In the event of any termination under paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close -out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer each is hereby bound and the partners, successors, executors, administrators and legal representatives of Owner and Engineer (and to the extent permitted by paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the Page 5 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this paragraph 6.07.0 shall appear in the Contract Documents. 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters an undisclosed Constituent of Concern, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold halluless Owner, and Owner's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but Page 6 of 9 EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by Owner and Engineer in Exhibit I, "Allocation of Risks," if any. B. Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer, Engineer's officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. C. Environmental Indemnification. In addition to the indemnity provided under paragraph 6.10.B of this Agreement, and to the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence. To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver. To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6.11 Miscellaneous Provisions A. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver. A party's non - enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. One or more waivers by either party of any provision, term, condition or covenant shall not be constructed as a waiver of a subsequent breach of the same by the other party E. Accrual of Claims. To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 - DEFINITIONS Page 7 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above or in the exhibits; in the following provisions; or in the "Standard General Conditions of the Construction Contract," prepared by the Engineers Joint Contract Documents Committee (No. C -700, 2002 Edition): 1. Additional Services- -The services to be performed for or furnished to Owner by Engineer in accordance with Exhibit A, Part 2, of this Agreement. 2. Basic Services- -The services to be performed for or furnished to Owner by Engineer in accordance with Exhibit A, Part 1, of this Agreement. 3. Construction Cost - -The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants, cost of land, rights -of- way, or compensation for damages to properties, or Owner's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 4. Constituent of Concern - -Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to [a] the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq. ( "CERCLA "); [b] the Hazardous Materials Transportation Act, 49 U.S.C. § §1801 et seq.; [c] the Resource Conservation and Recovery Act, 42 U.S.C. § §6901 et seq. ( "RCRA "); [d] the Toxic Substances Control Act, 15 U.S.C. § §2601 et seq.; [e] the Clean Water Act, 33 U.S.C. § §1251 et seq.; [f] the Clean Air Act, 42 U.S.C. § §7401 et seq.; and [g] any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 5. Consultants -- Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. 6. Documents - -Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 7. Drawings - -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 8. Laws and Regulations; Laws or Regulat- ions- -Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 9. Reimbursable Expenses- -The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 10. Resident Project Representative- -The authorized representative of Engineer, if any, assigned to assist Engineer at the Site during the Construction Phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 11. Specifications- -That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 12. Total Project Costs - -The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project - related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of -way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. ARTICLE 8 - EXHIBITS AND SPECIAL Page 8 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 8.01 Exhibits Included PROVISIONS A. Exhibit A, "Engineer's Services," consisting of 11 pages. B. Exhibit B, "Owner's Responsibilities," consisting of 2 pages. C. Exhibit C, "Payments to Engineer for Services and Reimbursable Expenses," consisting of 1 page. D. Exhibit D, 'Duties, Responsibilities and Limitations of Authority of Resident Project Representative," consisting of 4 pages. E. Exhibit E - Not Used. F. Exhibit F - Reserved. G. Exhibit G, "Insurance," consisting of 1 page. H. Exhibit H — Not Used. I. Exhibit I — Not Used. J Exhibit I— Not Used. K. Exhibit K — Not Used. 8.02 Total Agreement A. This Agreement (consisting of pages 1 to 9 inclusive, together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party. Page9 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: City of Blair, Nebraska By: Title: Date Signed: Address for giving notices: 218 South 16 Street Blair, Nebraska 68008 c� ' Zoo L, HDR Engineering, Inc. By: Title: < r, V ■ 4, Ore. s .-- Date Signed: b (, f 2.9 4. Address for giving notices: 8404 Indian Hills Drive Omaha, Nebraska 68114 Page 10 of 9 EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Engineer's Services PART 1.0 —PROJECT DESCRIPTION The water treatment facility expansion will increase the plant capacity to approximately 20 MGD as generally described in the Water Treatment Plant Expansion Study dated June 2006. However, the capacity of the existing filters (total of eight) of 17 MGD will not be increased at this time and the capacity of the raw water intake will be increased to 17 MGD at low river level. Facility expansion will generally include increasing the following: • Intake Pumping Capacity • Presedimentation Basin Capacity • Softening Basin Capacity • Recarbonation Basin Capacity • Clearwell Capacity • Industrial High Service Pumping Capacity • Ancillary Facilities (i.e., chemical storage and feed systems and instrumentation and control systems) • Chloramination PART 2.0 — SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER TASK SERIES 100 — PROJECT COMPONENTS This task series involves the establishment and confirmation of existing site conditions and approach and strategies to be employed for facility construction. Task 110 — Proiect Administration/Procedures This task includes project initiation, project procedures, coordination meetings, and status reports for design tasks. This includes development of drawings and specification requirements, drafting standards, project coordination requirements, document management, and project guide. Task 120 — Background Data Task 130 —Define Need for Equipment Procurement This is EXHIBIT A, consisting of 11 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated - icrne Zcx:G. SCOPE OF SERVICES Phase III — Water Treatment Plant Expansion Blair, Nebraska The available background data for the facilities will be requested, including survey and soils information and operating data. Engineer will not provide topographic /utility surveys, boundary surveys, or geotechnical investigations. Determine those equipment items having long -lead delivery times. Recommend equipment procurement by Owner as required. Page 1 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. Task 150 — Existing Presedimentation Basin New Dome Cover Evaluation Evaluate feasibility of covering the existing presedimentation basin with a dome. Discuss structural improvements to existing structure that may be required. Estimate costs for dome and structure improvements. TASK SERIES 200 — PRELIMINARY DESIGN DEVELOPMENT DRAWINGS AND SPECIFICATIONS Task 205 — Design Criteria In this task, design criteria for architectural/structural standards, treatment processes, site civil, mechanical (piping), HVAC, and electrical/instrumentation will be developed. Existing geotechnical information will be reviewed. It is not anticipated that Engineer will hire a geotechnical subconsultant. Task 210 — General Drawings Preliminary drawings will be developed for the site and overall treatment facility. Task 211— Site Civil The Engineer will prepare preliminary drawings showing all above ground structures and buildings, grading plan, and new presedimentation basin, clearwell, and softening basin. Task 212 — Site Pining Process The Engineer will prepare preliminary drawings showing site process piping. Preliminary sizing and location of site piping shall be shown. Task 220 — Raw Water Intake Modifications Preliminary drawings will be developed for the raw water intake modifications. Modifications include the following: • Replace existing 100 horsepower — 16 IN pump (RWP -1) with 16 IN pump and 150 horsepower motor. The pump /motor will be equipped with a VFD (if space is available), so that all pumps have VFD's. • Upgrade existing electrical service is not anticipated. • New parallel raw water main between the intake structure and presedimentation basin area. Initial main sizing is 20/24 IN diameter, but actual size will be based on final hydraulics. Some minor structural changes to the raw water intake structures floor and foundation may be required. • Modify impeller of RWP -2. • No major structural changes to the intake structure are anticipated. • The intent of the modifications is to provide firm pumping capacity (two 150 horsepower — 16 IN pumps operating) of 17 MGD at minimum river water level and between 18 and 19 MGD at normal water level. Task 230 — Conventional Sedimentation Preliminary drawings will be developed for a new conventional sedimentation basin (solids contact clarifier) showing configuration, a layout of structure, wall sections, major structural elements, sections, HVAC, electrical equipment layout, and major piping. Basin will be a poured -in -place concrete structure and supported by a piling foundation system. Basin will have an aluminum dome cover. Approximate basin size is 100 feet diameter. It will be located east of the existing presedimentation basin. Page 2 of 11 Pages (Exhibit A - Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Task 240 — Softening Basin, Lime Feed/Storage and Recarbonabtion Task 241— Softening Basin Preliminary drawings will be developed for a new softening basin (solids contact clarifier) showing configuration, a layout of structure, wall sections, major structural elements, sections, HVAC, electrical equipment layout, and major piping. Basin will be supported by a piling foundation system. Basin will have an aluminum dome cover. Approximate basin size is 92 feet diameter. It will be located west of the existing presedimentation basin. Task 242 — Lime Feed /Storage Since the softening basin is a significant distance from the existing softening basins, a new package lime feed/storage unit will be incorporated. Package unit will be self - contained and include a 55 -ton lime silo, two 1,000 lb/hr feeder /slakers, control panel, and HVAC system Lime feed/storage system will be supported on a piling foundation. It is anticipated that there will be an enclosed walkway between lime feed/storage unit and softening basin. Task 243 — Recarbonation Basin and CO2 Feeder Preliminary drawings will be developed for a new recarbonation basin showing layout and configuration of structure, wall sections, and major structural elements. Structure will be constructed of poured -in -place concrete and supported by a piling foundation system. Approximate size of structure is 12 feet by 24 feet by 11 feet and will be located adjacent to the new softening basin. A pressurized solution CO feed panel will be incorporated. It is anticipated that the new feed system will utilize the existing CO storage tank. Task 250 — Clearwell Preliminary drawings will be developed for a new 1.5 MGD clearwell showing layout and configuration of structure, wall sections, and major structural elements. Structure will be constructed of poured -in -place concrete and supported by a piling foundation system. Approximate size of structure is 120 feet by 160 feet by 11 feet and will be located north of the existing backwash water recovery basin. Clearwell will generally operate in parallel with the existing clearwells. Task 260 — Industrial High Service Pumping Station Expansion Preliminary drawings will be developed to expand the existing industrial high service pump station showing layout and configuration of building, wall sections, major structural elements, building elevations, HVAC, electrical high service pump, and discharge piping. Approximate size of building expansion is 20 feet by 30 feet and will house one new pump with space for a future pump. Building construction will be masonry/brick walls with precast roof system. Pump will be the closed - suction vertical turbine type. It will have approximate capacity of 5 MGD and be equipped with a 450 horsepower electrical motor and VFD. A VFD will be added (if space is available) to one existing pump, so that all pumps have VFD's. Building expansion is anticipated to be on the south side of the existing pump station. Task 270 — Chemical Feed The Engineer will prepare preliminary drawings of the existing chemical feed systems showing new chemical feeders and associated chemical feed piping modifications and associated electrical and controls. The following chemical feed work is anticipated: • Add two to three new polyblend polymer feed units for new conventional presedimentation basin and softening basin. It is anticipated that new polymer feed will be located in the lime feed/storage unit. • Alum will be fed to the new conventional presedimentation basin and softening basin from new pumps in the existing feed facilities in the water treatment plant. Page 3 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. • Feed point for fluoride addition will be relocated to the suction side of the municipal high service pump station. • Lime feed discussed in Task 242. Task 275 — Chloramination The Engineer will prepare preliminary drawings to feed chlorine and ammonia (15% aqueous ammonia) to the suction side of the City High Service Pumps. The new equipment anticipated is as follows: o Chlorine feeder o Chlorine booster pump o Chlorine injector o Three (3) 300 gallon 15% aqueous ammonia storage tanks vented to the outside through activated carbon canister. Tanks will have containment curb. o Two aqueous ammonia feed pumps paced off existing municipal high service pump flow meter o One 50 gallon aqueous ammonia day tank The aqueous ammonia day tank and feed pumps will be located in the municipal high service pump station area. The storage tanks will be located in existing chemical storage area. No new enclosures or structures or special ventilation requirements are anticipated for chloramination. Task 280 — Instrumentation and Control Engineer will prepare preliminary drawings to connect instrumentation and control of new equipment into existing PLC based control system. Task 285 — Specifications Preliminary specifications will be drafted for the construction contract: • Front -End Specifications • Outline Showing All Anticipated Specification Sections • Specification Sections for Major Equipment Task 290 — Proiect Review The drawings and specifications developed through this design development phase will be bound together into review sets and submitted to the Owner for review and comment. Concurrently, the same review documents will be subjected to quality control technical review by engineering specialists who have not been directly involved with the design process. Task 295 — Preliminary Cost Estimate The Engineer will prepare an opinion of probable construction costs based on the preliminary design documents and submit the cost estimate to the Owner for review. Page 4 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. TASK SERIES 300 —FINAL DESIGN DRAWINGS AND SPECIFICATIONS Task 310 — Final Design Criteria Design criteria for the water treatment plant expansion (including equipment, architectural, structural, mechanical, electrical, instrumentation, and process design elements) will be finalized based on input and comments resulting from the review of the preliminary design (Task 280). Task 320 — General/Sitework Engineer will prepare the general drawings and related technical specifications required for the project. Master specifications from HDR's in -house computer specifications will be used. The following are anticipated: Task 321 — Water Treatment Process Drawing/Schematic Task 322 — Plant Hydraulic Profile Task 325 — Site Civil Grading/Drawings Task 326 — Site Piping Drawings • Process Piping • Utility Piping Task 327 — Technical Specifications for the general civil/sitework activities including earthwork, utility and process piping, paving, and drainage. Task 330 — Water Treatment Plant Expansion Engineer will prepare the design drawings and related technical specifications for the water treatment plant expansion. Master specifications from HDR's in -house computer specifications will be used. This effort will include architectural, structural, mechanical, electrical, instrumentation and process designs and specifications preparation for the following: Task 331 — Raw Water Intake Modifications Drawings Task 332 — Conventional Presedimentation Basin Drawings Task 333 — Softening Basin Task 334 — Lime Feed/Storage Task 335 — Recarbonation Basin Task 336 — Clearwell Task 337 — Chemical Feed Facilities Drawings Task 338 — Industrial High Service Pumping Expansion Drawings Task 339 - Chloramination Task 340 — Specification and Front -End Documents The specification front -end documents and technical sections will be prepared. Task 341— General/Special Conditions The Engineer will prepare EICDC General Conditions and Supplementary Conditions. Task 342 — Biddine Requirements The Engineer will prepare Notice to Bidders, Information for Bidders, Bid Form and Agreement. Task 343 — Technical Specification The Engineer will prepare technical specifications. Page 5 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Task 350 — Project Review This task will involve the review of the Contract Documents by the Owner and response to the comments on this review by the Engineer. A meeting will be held with the Owner to review and discuss the comments generated. Task 360 — Final Cost Estimate A Construction Cost Opinion will be prepared based on the final design including modifications required by final reviews and regulatory agencies. Task 370 — Finalize Bid Documents A set of Contract Documents will be submitted to the Nebraska HHSS for review. Comments received will be incorporated into the Contract Documents. If required, the Engineer will meet with the HISS. Regulatory agency review fees are responsibility of Owner. Task 380A (Alternate) — Equipment Procurement by Owner Bid Package The following tasks describe the scope of the alternate equipment procurement bid package. This bid package will be based on recommendations from Task 130. These services will begin when authorized by Owner. The costs for these tasks are separate and are identified as alternate costs. Equipment procurement will include one bid document, which allows separate bids and contracts for each piece of equipment. Task 381A — Preliminary Bid Document Preliminary bid document will be drafted for the procurement contracts. Bid packages will include front -end documents and all equipment specifications for equipment to be procured by Owner. Bid documents will also include preliminary Drawings as required. Task 382A — Project Review and Final Bid Document This task involves review of the bid documents by Owner and response to the comments on this review by the Engineer. A meeting will be held with the Owner to review and discuss the comments generated. A set of revised bid documents will be submitted to the Nebraska HISS for review. Comments received will be incorporated into bid documents. If required, the Engineer will meet with the HHSS. Regulatory agency review fees are the responsibility of the Owner. Task 383A — Cost Estimate A cost opinion will be prepared based on the bid document including final reviews and regulatory agencies. Task 395A (Alternate) — Dome Cover for Existing Presedimentation Basin These services will begin when requested by the Owner and will be based on the recommendations from Task 150. Task 396A — Dome Cover Design Develop preliminary and final drawings and specifications for the new dome and structural modifications to the basin structure, as required. Page 6 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. TASK SERIES 400 —BIDDING ASSISTANCE The following tasks describe the scope of the bidding assistance services. The services will begin when authorized by the Owner. Task 410 — Printing and Distribution of Documents The Engineer shall print bidding documents, distribute the bidding documents to the Contractors, and maintain a list of plan holders. Task 411 — Interpretations /Addenda The Engineer will provide interpretations of the documents during the bidding phase and issue addenda as appropriate to interpret, clarify, or expand the bidding documents. Task 412 — Pre - Bid Conference A pre - bid conference will be held during the bidding phase to discuss the project. Task 413 — Bid Analysis and Recommendations The Engineer will attend the bid opening. The bids will be analyzed and a recommendation will be made to the Owner for award of the Contract. Assistance will be provided to the Owner in Contract preparation. Task 414 — Conformed Drawings Confoinied drawings will be prepared which post all addenda items. Task 480A (Alternate) — Equipment Procurement by Owner Task 481A — Printing and Distribution of Documents The Engineer shall print bidding documents, distribute the bidding documents to equipment manufacturers, and maintain a list of plan holders. Task 482A — Interpretations /Addenda The Engineer will provide interpretations of the documents during the bidding phase and issue addenda as appropriate to interpret, clarify, or expand the bidding documents. Task 483A — Pre - Bid Conference A pre - bid conference will not be held. Task 484A — Bid Analysis and Recommendations The Engineer will not attend the bid opening. The bids will be analyzed and a recommendation will be made to the Owner for award of the Contract. Assistance will be provided to the Owner in Contract preparation. Task 484 — Conformed Drawings Conformed drawings are not anticipated. Page 7 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright e2002 National Society of Professional Engineers for EJCDC. All rights reserved. TASK SERIES 500 — CONSTRUCTION SERVICES The following tasks describe the scope of the construction services. These services will begin when authorized by the Owner. The services include the following tasks for construction contract administration and resident services. Task 510 — Construction Contract Administration — Office Service Task 511— Pre - Construction Conference Prior to the initiation of construction, a pre - construction conference will be conducted for the parties involved in the project. At the pre - construction conference, procedures will be established regarding such matters as payroll submissions, progress estimates, and maintenance of operations. An agenda, with specification references, will be sent to the appropriate parties prior to the meeting. Task 512 — Construction Schedule /Cost Control Engineer will review the schedule submitted by the Contractors for compliance with Contract Documents. The specified schedule will include activities for shop drawing submittal, equipment deliveries, and duration of major tasks The schedule will indicate major milestones and will be the basis for monitoring the progress of the Contractor throughout the project. The Contractors will be required to furnish a cost breakdown for the entire project, citing major components. Task 513 — Shop Drawings The Engineer will review shop drawings for compliance with the requirements of the Contract Documents. If requested by the Owner, the Contractor will be required to transmit a copy of the shop drawing to the Owner for concurrent review prior to action by the Engineer. Task 514 — Contractor's Progress Estimate Engineer will review and process applications by the Contractors for progress payments and make written recommendations to the Owner for approval or rejection thereof. The Contractor's progress estimates will be submitted on a predetermined monthly basis consistent with the Owner's procedures. Task 515 — Construction Administration /Substitution/Interpretations The Engineer will evaluate requests for substitutions for materials and equipment and discuss the acceptability with the Owner. The construction administration activities required for the project and interpretations of the Contract documents for the Contractor will be made during construction. Task 516 — Change Proposal Requests /Change Orders Engineer will make written recommendations to the Owner for proposed changes to the project work. These recommendations will include an explanation of the need. The Engineer will also review change requests or claims submitted by the Contractor, analyze such requests, and make a recommendation to the Owner. At the completion of negotiation, the Engineer will assemble approved change proposal requests and prepare a final change order for submittal to the Contractor and the Owner for signature. Task 517 — Proi ect Meetings Major construction projects require that timely, regular meetings will be held. A monthly meeting will be conducted on the job site to be attended by the Owner's Project Manager, General Contractor, major Subcontractors and Engineer's Representative. The purpose of this meeting will be to resolve any current problems and identify possible future issues for resolution. Page 8 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Task 518 — Final Inspection/Substantial Completion Engineer will conduct a final inspection of the project and prepare a report covering observed discrepancies, deficiencies, and omissions in the work performed by the Contractor. Recommendations regarding retainage will be made to the Owner. Upon correction of deficiencies, the Engineer will assist in the preparation of close -out documents for the project. The Engineer will prepare a certification of substantial completion when the Contractor has completed the work in substantial compliance with the Contract documents. Task 519 — Record Drawings Engineer will monitor the Contractor's work in keeping a current marked set of drawings and specifications at the job site. At the completion of the project, the Engineer shall prepare a set of reproducible record prints of drawings showing those changes made during the construction process, based on the marked -up prints, drawings, and other data furnished by Contractors. The record drawings shall be furnished in AutoCAD format to the Owner. Task 520 — Equipment Maintenance Methods The contract specifications will require vendors and Contractors to provide an operation and maintenance manual for each project equipment item. Manuals will be forward to Owner. Task 521— Operations Assistance (NOT PROVIDED) Task 530 — Resident Field Representation Engineer will furnish on -site resident field representation which will be supplemented with an interdisciplinary team for special inspections. Through more extensive on -site observations of the work in progress by the Resident Project Representative (RPR), Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the work of Contractor; but the furnishing of such services will not make Engineer responsible for or give Engineer control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for Contractor's failure to perform the Work in accordance with the Contract Documents. The estimated construction period is 14 months. The amount of resident services included is 2000 hours. Task 531 Liaison Relay written and/or verbal communications between the Project Manager and Contractor but not subcontractors and not provide interpretations of any such communications. Keep the Engineer, Project Manager, and the Owner informed of construction activities and issues on a timely basis. This communication shall not replace the normal communication between the Owner and the Engineer's Project Manager. Task 532 — Review of Work Report to the Engineer's Project Manager whenever RPR believes that any Work is unsatisfactory, faulty, or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the Engineer of work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Geotechnical services, if required for review of foundation preparation or otherwise, will be provided by Owner. Special inspections for piles, soil, concrete, masonry, precast, etc. as required by local building code will be provided by Owner. Task 533 — Testing and Startup Verify that tests and equipment and systems startups are done in the presence of appropriate personnel. This includes pipeline testing, equipment testing, and field testing as defined in the specifications. Page 9 of 11 Pages (Exhibit A - Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. Task 534 — Samples and Records Receive samples which are furnished by the Contractor and notify Engineer's Project Manager of availability of samples for examination. Maintain at the job site orderly files for reports of job conferences, shop drawings and samples, reproductions of Contract Documents, addenda, work directives, change orders, and progress reports. Task 535 — Payment Requests Review pay applications and forward with recommendation to Engineer's Project Manager. Task 536 — Punch Lists Assist Engineer's Project Manager in preparing punch lists when project is approaching substantial and final completion. Task 540 — Operation and Maintenance Manual The task includes development of an Operation and Maintenance Manual for the components of the water treatment plant expansion. The following table of contents for the Manual is anticipated. • INTRODUCTION - Purpose of Manual - Abbreviations and Symbols - Relationship to Existing O &M Manual — Safety • DESCRIPTION OF PLANT MODIFICATIONS — Purpose of Project - Project Description o Raw Water Intake o Presedimentation o Softening Basin • Recarbonation Basin o Clearwell o Industrial High Service Pumping • Alum Feed System Modification o Polymer Feed System Improvements o Fluoride Feed Point Relocation o Tnstrumentation and Control Improvements • Lime Storage / Feed o Chloramination System • Power Distribution System Improvements • FLOW DIAGRAMS, DESIGN CRITERIA, SI1'E PIPING AND DESCRIPTION OF TREATMENT - Flow Schematic with Design Criteria - Hydraulic Profile — Site Piping — Description of Treatment • PROCESS OPERATION AND CONTROL — Raw Water Intake — Presedimentation - Softening Basin - Clearwell - Industrial High Service Pumping - Chloramination Page 10 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. — Alum Feed System — Polymer Feed System — Fluoride Feed • POWER DISTRIBUTION SYSTEM — System Description • PROCESS CONTROL SYSTEM — System Overview — Miscellaneous Control Loop Descriptions • MAINTENANCE — Equipment Maintenance Data Summaries — Spare Parts Page 11 of 11 Pages (Exhibit A — Engineer's Services) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services Copyright n2002 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 'Sax 2�ecp Owner's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and perfounance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard foilus, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available infoiuiation pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially- available Project infoi uiation and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right -of -way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of perfoiuiance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. Page 1 of 2 Pages (Exhibit B — Owner's Responsibilities) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright n2002 National Society of Professional Engineers for EJCDC. All rights reserved. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires or deems appropriate, Contractor raises, or Engineer reasonably requests, including but not limited to the review of Contract Documents supplied by Engineer. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. K. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. L. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. M. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. N. Attend the pre -bid conference, bid opening, pre - construction conferences, construction progress and other job related meetings, and Substantial Completion and fmal payment inspections. O. Provide the services of an independent testing laboratory to perfoi ,_u all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the perfoilnance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. P. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. Page 2 of 2 Pages (Exhibit B — Owner's Responsibilities) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright n2002 National Society of Professional Engineers for EJCDC. All rights reserved. Payments to Engineer for Services and Reimbursable Expenses This is EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated .Suii� %i, ? . Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 2-- Owner's Responsibilities C2,01 Compensation For Services. A. Owner shall pay Engineer for Services set forth in Exhibit A as follows: 1. Fees for services: a. Design Services & Bidding Assistance (Task Series 100, 200, 300 and 400) -Lump Sum Fee $ 734,913.00 b. Construction Contract Administration — Office Services and O &M Manual (Task Series 510 and 520) — Lump Sum Fee $ 335,417.00 c. Resident Field Representative (Task Series 530) — Hourly Based on direct labor rate times a multiplier of 3.15 (Fee assumes 2000 hours — Estimated Fee Not to Exceed of $ 209,670.00 Engineer's Fee Total — Design Services, Bidding Assistance, Construction Administration, Office Services and O &M Manual, and Resident Field Representative $1,280,000.00 d. Alternate Fee - Equipment Procurement by Owner Bid Package and Bid Assistance Tasks 380A and 480A — Lump Sum Fee e. Alternate Fee — Design for Tank Modifications and Dome Installation Task 395A — Lump Sum $ 22,700.00° $ 17,900.00 (1) Alternate Fees are not included in $1,280,000 total and are additional and these services will be conducted only if authorized by Owner. 2. The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 3. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. 4. Estimated hourly fee includes direct expenses. C2.02 [Not used] C2.03 [Not used] Page 1 of 2 Pages Exhibit C — Payments to Engineer for Services and Reimbursable Expenses EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Task 100 — Project Management Task 200 — Preliminary Design Development Drawings and Specs Task 300 — Final Design Drawings & Specs Task 400 — Bidding Assistance Task 510 and 520 — Construction Contract Administration — Office Services and Operations Manual Task 530 — Construction Field Services laj „'qulkruVii,llpj Ifk i ;�V �aii� `; Ohl 4y,i f I�iri iii+ ul�Poll ..99 ,r ��.; :.rf�r�l d ., r .,..,:�w! �I�u,:h.�c Tasks 380A and 480A (Alternate) Equipment Procurement By Owner — Bid Package and Bid Assistance Tasks 395A (Alternate) — Design for Tank Modification and Dome Installation Discipline Codes: Sr Engr /QC PM - Process - Civil - Arch - Mech - Elec - Senior Engineer /Quality Control Review Project Manager Process Engineer Civil Engineer Architect Mechanical Engineer Electrical Engineer 60 200 � � 0 y it .7 150 200 0 22 60 236 16 0 FEE "Tai I Task 100, 200, 300 and 400 (Lump Sum) I Task 510 and 520 (Lump Sum) I Task 530 — PRR ,t JLC� 7 ,F_," I 380A and 480A (Alternate) Lump Sum I 395A (Alternate) Lump Sum EXHIBIT C ESTIMATED PERSON HOURS AND FEE SUMMARY ESTIMATED PERSON HOURS 60 20 0 250 450 64 310 112 413 70 4 7 636 24 156 0 0 0 0 36 56 0 0 0 0 0 97 Struc I &C CAD Tech RPR OS Clerical 70 214 SUMMARY s Vtaxrtab 0 0 74 0 329 235 10 16 104 136 AXE 28 12 21 131 16 656 131 36 126 148 1,247 72 44 169 324 0 0 0 0 50 Structural Engineer Instrumentation /Control Engineer Cad Technician Resident Project Representative Operations Specialist Steno /Clerical $700,043 $322,290 $197,320 1 }6Sl$ . „ 3 $ 21,5 5 4 $17,241 S ' T :m 7r? i �I,G $34,870 $734,913 $13,127 $335,417 $12,350 $209,670 4' .31a80:1):00 B,Q,000 $1,146 $22,700 $659 $17,900 Page 2 of 2 Pages Exhibit C — Payments to Engineer for Services and Reimbursable Expenses EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0 2,000 2;292 Fn 26 Ql 0 0 28 299 0 0 100 2155 0 0 120 3,395 0 0 24 305 0 210 602 2783 0 0 0 0 2,000 0 172 0 0 0 147 This is EXHIBIT D, consisting of 4 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated aunt Z7. loot,/ . Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Paragraph 1.01.A of the Agreement is amended and supplemented to include the following agreement of the parties: D1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative ( "RPR "), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit D may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. C. The duties and responsibilities of the RPR are as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or infoimation, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. Page 1 of 4 Pages (Exhibit D - Resident Project Representative) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6. Shop Drawings and Samples: 10. Records: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start -ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records - thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. Page 2 of 4 Pages (Exhibit D - Resident Project Representative) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project- related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e -mail addresses, web site locations, and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. Page 3 of 4 Pages (Exhibit D - Resident Project Representative) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. Page 4 of 4 Pages (Exhibit I) - Resident Project Representative) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright °2002 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT G, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated .i fre 1;; Zct L . Insurance Paragraph 6.04 of the Agreement is amended and supplemented to include the following agreement of the parties. G6.04 Insurance A. The types and limits of liability for the insurance required by Paragraph 6.04A and 6.04 B of the Agreement are as follows: 1. By ENGINEER. The ENGINEER shall procure and maintain the following types and limits of insurance for the duration of the Work. Tyne of Insurance Limits of Liability Worker's Compensation Statutory Employer's Liability $250,000 Commercial General Liability $1,000,000 combined single limit per occurrence —Personal Injury/Property Damaage Automobile Liability $1,000,000 combined signle limit per cocurrence — Bodily Injury and Property Damage — Hired car, owned and non -owned autos Professional Liability $1,000,000 per claim The commercial general liability insurance require4d above will include contractual liability coverage, and the commercial general liability and automobile liability insurance policies shall name Owner as an additional insured. Upon request, a signed Certificate or Certificates of Insurance ahsall be furnished to Owner before any services are performed or furnished by architect under this Agreement. Such Certificate or Certificates of Insruance shall provide for thirty (30) days written notice to Owner prior to cancellation or material modification of any insurance referred to therein. Page 1 of 1 Page (Exhibit K — Amendment to Owner - Engineer Agreement) — Attachment 1) EJCDC E -500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved.