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9.f) Revised Agreement with Bolton & Menk for Services for the Uptown Wastewater System Improvements . ��\��`-'C// J'�`°a q �. AGREEMENT FOR PROFESSIONAL SERVICES UPTOWN WASTEWATER SYSTEM IMPROVEMENTS CITY OF SCANDIA This Agreement,made effective the 21 S`day of February, 2012(the"Effective Date"),by and between the CITY OF SCANDIA, a Minnesota municipal corporation, 1427 209`�Street North, Scandia Minnesota, 55073,hereinafter referred to as CLIENT, and BOLTON&MENK,INC., a Minnesota corporation,2035 County Road D East, Suite B,Maplewood,Minnesota, 55109-5314,hereinafter referred to as CONSULTANT. WIT'NESS,whereas the CLIENT requires professional services in conjunction with the preparation of plans and specifications and other matters for the proposed Uptown Wastewater System Improvements, hereinafter referred to as the PROJECT, and whereas the CONSiILTANT agrees to furnish the various professional services required by the CLIENT with respect to the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I-CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed PROJECT as described in Exhibit I attached hereto and incorporated herein. B. Upon mutual agreement of the parties hereto,Additional Services with respect to the PROJECT may be authorized as described in Exhibit I to this Agreement or as described in Paragraph IV.B of this Agreement. SECTION II-THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall compensate the CONSiJLTANT in accordance with and as provided in Section III of this Agreement. B. Subject to any restrictions imposed by the Minnesota Government Data Practices Act or the proprietary rights of third parties, if any, hereinafter referred to as the"Disclosure Limitations",the CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Subject to the Disclosure Limitations, such information shall include but shall not be limited boundary surveys,topographic surveys,preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions,tile maps and layouts,aerial photos,utility agreements,environmental reviews,and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing,by CLIENT;provided that such reliance shall not create any liability on the part of CLIENT for any inaccuracies or errors in any of such inforxnation not directly prepared by CLIENT or its employees. C. The CLIENT will provide reasonable access to and make all provisions for entry upon public portions of the PROJECT and will take all reasonable actions deemed necessary and cost effective to provide CONSULTANT access to and permitted entry on private portions of the PROJECT and pertinent adjoining properties. Page 1 of 7 D. As soon as reasonably possible,the CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed PROJECT. E. The CLIENT shall designate a liaison person to act as the CLIENT's representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions,receive instructions,receive information, interpret and define the CLIENT's policies with respect to the PROJECT and CONSULTANT's services. Said representative shall have the right in his or her discretion to withhold such instructions or information in order to seek direction from the goveming body of the CLIENT. F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance counseling services as may be reasonably required for completion of the CONSUI,TANT services described in this Agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the PROJECT. SECTION III-COMPENSATION FOR SERVICES A. FEES. 1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule of fees for the time spent in performance of Agreement services. 2012 Schedule of Fees Classification Hourly Rates Sr.Project Manager- Sr.Principal Engineer/Surveyor $120-150/Hour Sr.Project Manager-Principal Engineer/Surveyor $100-150 Project Manager(Inc. Landscape Architect) $100-145 Senior Planner $100-150 Project/Design Engineer/Planner/Landscape Architect $60-135 Licensed Surveyor $70-135 Project Surveyor $60-100 Specialist(Nat. Resources; GIS; Traffic; Graphics; Other) $70-120 Senior Technician(Inc. Survey') $70-145 Technician(Inc. Survey) $50-90 Administrative Support&Clerical $35-80 GPS/Robotic Survey Equipment NO CHARGE CAD/Computer Usage NO CHARGE Routine Office Supplies NO CHARGE Routine Photo Copying/Reproduction NO CHARGE Field Supplies/Survey Stakes&Equipment NO CHARGE Mileage NO CHARGE �No separate charges will be made for GPS or robotic total stations on Bolton&Menk,Inc.survey assignments;the cost of this equipment is included in the rates for Survey Technicians. Page 2 of 7 2. Total cost for the services itemized under Section I.A(Basic Fee) shall be as follows: Task 1 (Hourly Not-to-Exceed).............................................................................$1,770.00 Task 2(Hourly Not-to-Exceed).............................................................................$1,900.00 Task 3 (Hourly Not-to-Exceed)...........................................................................$13,646.00 Task 4 (Hourly Estimated)...................................................................................$5,200.00'- '- Assumes 8 hours of survey crew time, 30 hours or engineering technician time, and 15 hours of project manager time and in accordance with the provisions of this Section III. a. Unless CLIENT has questions regarding an invoice as provided in(2)below,the CLIENT shall make monthly payments to the CONSULTANT within 30 days of receipt of an invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date,accompanied by supporting evidence as required. b. The CLIENT will pay the balance stated on the invoice in accordance with paragraph(1) above unless the CLIENT notifies CONSULTANT in writing of the particular item that is alleged to be incorrect within 15 days from receipt of an invoice,in which case,only the disputed item will remain undue until resolved by the parties. B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates. SECTION N-GENERAL A. STANDARD OF CARE Professional services provided by CONSULTANT under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. Except for the foregoing,no warranty, express or implied,is made by CONSULTANT hereunder,however,CONSULTANT shall be liable to the full extent permitted under applicable law for any injuries,costs,loss or damages proximately caused by CONSULTANT's breach of this standard of care. B. CHANGE IN PROJECT SCOPE In the event the CLIENT changes or is required to change the scope of the PROJECT from that described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT,the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services,prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSIJLTANT,and upon receipt of the request,the CONSULTANT shall furnish such estimate,prior to furnishing any of such Additional Services. C. LIMITATION OF LIABILITY 1. CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials,agents and employees from any loss, claim, liability,and expense(including reasonable attorneys' fees and expenses of litigation)arising from,or based in the whole, or in any part,on any negligent act or omission by CONSULTANT's employees, agents,or subconsultants. In no event shall Page 3 of 7 CONSiJLTANT be liable to CLIENT for consequential, incidental, indirect, special,or punitive damages. 2. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss, claim, liabiliTy, and expense(including reasonable attorneys' fees and expenses of litigation)arising from, or based in the whole, or in any part,on any negligent act or omission by CLIENT'S employees, agents, or consultants. In no event shall CLIENT be liable to CONSiJLTANT for consequential, incidental, indirect, special, or punitive damages or for damages in excess of the limits provided under Minnesota Statutes Section 466.04. D. INSURANCE 1. The CONSULTANT agrees to maintain,at the CONSULTANT'S expense, statutory worker's compensation coverage. 2. The CONSULTANT also agrees to maintain, at CONSULTANT's expense, general liability insurance coverage insuring CONSLTLTANT against claims for bodily injury,death or property damage arising out of CONSULTANT's general business activities(including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of$1,000,000 and in the aggregate in the minimum amount of$3,000,000. 3. During the period of design and construction of the PROJECT,the CONSUI.,TANT also agrees to maintain, at CONSULTANT's expense,Professional Liability Insurance coverage insuring CONSLTLTANT against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this Agreement. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of$3,000,000 on a claims-made basis. 4. CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required coverages and requiring that CLIENT be notified in writing of any proposed lapse or cancellation of such required coverage. E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise,opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSLTLTANT has no control over the cost of labor,materials,competitive bidding process, weather conditions and other factors affecting the cost of construction,all cost estimates are opinions for general information of the CLIENT and the CONSiJLTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project fmancing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSiJLTANT and its representatives shall not be responsible for the means, methods,techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. Page 4 of 7 G. USE OF ELECTRONIC/DIGITAL DATA Because of the potential instability of electronic/digital data and susceptibility to unauthorized changes,copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies)that are signed or sealed by CONSULTANT. Except for electronic/digital data which is specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all electronic/digital data developed by the CONSULTANT as part of the PROJECT is acknowledged to be an internal working document for the CONSULTANT's purposes solely and any such information provided to the CLIENT shall be on an"AS IS"basis strictly for the convenience of the CLIENT without any warranties of any kind. As such,the CLIENT is advised and acknowledges that use of such information may require substantial modification and independent verification by the CLIENT(or its designees). Any such electronic/digital information specifically identified as a project deliverable and required to be provided to CLIENT by this Agreement shall be provided in accordance with the standard care described in Section IV.A.. Provision of electronic/digital data,whether required by this Agreement or provided as a convenience to the Client,does not include any license of software or other systems necessary to read,use or reproduce the information. It is the responsibility of the CLIENT to verify compatibility with its system and long-term stability of inedia. CLIENT shall indemnify and hold harmless CONSULTANT and its subconsultants from all claims,damages, losses,and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic/digital data provided under this AGREEMENT,unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT. Any information provided to CLIENT by CONSITLTANT, whether required by this Agreement or as a convenience to CLIENT may be used by CLIENT for any purpose it deems appropriate. H. REUSE OF DOCUMENTS Without limiting the generality of the last sentence of Section G above, drawings and Specifications and all other documents (including electronic and digital versions of any documents)prepared or furnished by CONSiJLTANT pursuant to this AGREEMENT are instruments of service in respect to the Project and CONSULTANT shall retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT,the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans and Specifications, for any reasonable use relative to the PROJECT, general operations of the CLIENT or any other purpose deemed appropriate by the CLIENT except that CONSULTANT conveys no license to CLIENT to sell,transfer or reuse,without authorization, those graphic details, standard plates, standard specifications and similar proprietary information created by CONSULTANT prior to and independently of its services to CLIENT. CLIENT may make and disseminate copies for information and reference in connection with the use and maintenance of the Project by the CLIENT or as otherwise consistent with the foregoing sentence. However, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project and any reuse other than that specifically intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTAN'T. I. CONFIDENTIALITY CONSULTANT agrees to keep confidential and not to disclose to any person or entity,other than CONSULTANT'S employees and subconsultants any information obtained from CLIENT not previously in the public domain or not otherwise previously known to or generated by CONSiJLTANT. CONSULTANT further agrees to require such employees and subconsultants to Page 5 of 7 maintain the confidential nature of such information. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONSULTANT; or is furnished to CONSULTANT by a third party who is under no obligation to keep such information confidential; or is information for which the CONSULTANT is required to provide by law or authority with proper jurisdiction; or is information upon which the CONSULTANT must rely for defense of any claim or legal action. J. PERIOD OF AGREEMENT Unless terminated in accordance with the provisions of Section L below,this Agreement will remain in effect for the longer of: (1)two(2)years from the date hereof or(2) such other explicitly identified completion period agreed upon in writing by the parties and in either case, a8er which time the Agreement may be extended upon mutual agreement of both parties. K. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses as and when required by this Agreement,then thirty days after CLIENT's receipt of written notice of such failure from CONSULTANT, a service charge of one and one-half percent(1.5%)per month or the maximum rate permitted by law,whichever is less,will be charged on any unpaid balance. In addition after giving seven days'written notice to CLIENT,CONSiILTAN'T may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services,expenses and charges. The foregoing provisions shall not apply to the disputed portion of any bills as to which CLIENT disputes the reasonableness or amount thereof which the parties agree to submit to the provisions of paragraph N.P of this Agreement. L. TERMINATION 1. This Agreement may be terminated by CLIENT upon(7)days written notice. 2. In the event of termination,the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing under this Agreement including payment for services performed or furnished to the date and time of termination,computed in accordance with Section III of this Agreement and otherwise subject to this Agreement. M. CONTINGENT FEE The CONSLTLTANT warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person,other than a bona fide employee, any fee, commission,percentage,brokerage fee,gift or any other consideration, contingent upon or resulting from award or making of this Agreement. N. NON-DISCRIMINATION 1. The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Page 6 of 7 2. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees,persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race,religion, sex, color,national origin, disability, age, sexual orientation,marital status,public assistance status or any other characteristic protected by federal, state or local law. O. CONTROLLING LAW This Agreement is to be governed by and consistent in accordance with the laws of the State of Minnesota. P. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation utilizing the Minnesota District Court Rule 114 Roster. Disputes not resolved by mediation shall then be submitted to a Court of competent jurisdiction,unless the parties mutually agree in writing before the commencement of such action to resolve the dispute by final and binding arbitration,in which event the dispute will be resolved by a single arbitrator selected and acting in accordance with provisions of the Construction Industry Arbitration Rules of the American Arbitration Association. CONSULTANT and CLIENT shall each pay one-half(1/2)of the fees for such arbitrator. CONSiJLTANT and the CLIENT agree to require an equivalent dispute resolution process governing all contractors, sub-contractors, suppliers, consultants, and fabricators concerned with this project. Q. SURVIVAL All obligations,representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSUI,TANT under this Agreement or the termination of this Agreement for any reason. R. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSiJLTANT,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. SECTION V-SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties,there being no promises,terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented,modified or canceled by a duly executed written instrument signed by both parties. Page 7 of 7 IN WTI'NESS WHEREOF,the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: Citv of Scandia CONSULTANT: Bolton&Menk,Inc. By: By: Randall Simonson,Mayor Its: By: Anne Hurlburt, City Administrator Page 8 of 7 EXHIBIT I TO AGREEMENT FOR PROFESSIONAL SERVICES I.A. BASIC SERVICES For purposes of this specific PROJECT, Basic Services to be provided by the CONSULTANT to the CLIENT are as follows: Task 1 —Run Time Meter and Control Improvements A. The CONSULTANT will prepare specifications for and assist CLIENT in obtaining quotes for: (1)the installation of dual run time meters in the existing control panels for the Uptown Pump Tank and the Community Center Pump Tank,and(2)the replacement of the controls for the Warming House Pump Tank. Task 2—Wastewater Sampling and Flow Data Analysis A. The CONSIJLTANT will collect wastewater samples, submit them to a testing lab for analysis and summarize the sampling data for use in the design of the proposed PROJECT. The CONSULTANT will also analyze run time meter data from existing and newly installed run time meters at the Uptown Pump Tank,Community Center Pump Tank,Warming House Pump Tank, and Gammelgarden Pump Tank,to determine actual flow rates to the existing drainfield for use in the design of the proposed PROJECT. The CLIENT will record daily readings for the run time meters at all four locations and submit them to the CONSiJLTANT in an electronic spreadsheet format developed by CONSULTANT and approved by CLIENT. Task 3—Preparation of Plans and Specifications for PROJECT A. The CONSULTANT will prepare plans and specifications for approval by CLIENT and suitable for obtaining competitive bids for the proposed PROJECT, as described in the Uptown Wastewater System Master Plan, September 2011. The proposed PROJECT includes: 1. Equalization Tank and Aerobic Pre-Treatment Unit at the Drainfield 2. New Uptown Pump Tank B. The CONSULTANT will prepare for CLIENT's approval the contracts,subcontracts and documents referenced therein for the construction of the PROJECT containing such terms and conditions as aze consistent with the Agreement and reasonably acceptable to CLIENT. C. The CONSLTLTANT will assist the CLIENT in the preparation of advertisement for bids and submittal to the local newspaper and other required publications; secure affidavits of publication and related bidding procedural matters. D. The CONSULTANT will Post advertisement for bids on the CONSULTANT's website. E. Upon request by prospective bidders, subcontractors or suppliers,the CONSULTANT will distribute copies of the contract/bidding documents referenced in A through C above—hard copy, electronic documents or both.A nominal fee may be charged for bidding documents. F. The CONSULTANT will maintain and update the plan holders list throughout bidding period. G. The CONSLTLTANT will address questions from prospective bidders, subcontractors and suppliers,and prepare and issue addenda in form and content acceptable to CLIENT as required. Page 1 of 4 H. If requested by the CLIENT,the CONSIJLTANT will conduct a pre-bid meeting for prospective bidders, subcontractors or suppliers. I. The CONSULTANT will assist the CLIENT with the public opening and reading of the bids. J. The CONSULTANT will review bids and prepare bid tabulation and abstract of all bid items. K. The CONSULTANT will assist the CLIENT's staff in preparing recommendation for CLIENT City Council regarding the award of the bid or bids for the PROJECT.The CONSULTANT will attend CLIENT City Council meeting to answer any questions regarding the recommendation. Task 4—Construction Phase Services A. Construction Stakin�: The CONSULTANT will perform construction staking for the PROJECT, furnish necessary equipment and supplies to establish grade and line as necessary for the Contractor's guidance in construction of the PROJECT and in accordance with the contract documents for the PROJECT. B. Construction Observation: The CONSLTI,TANT will provide one part-time on-site representative during the construction of the PROJECT. Services of such representative consist of the following: 1. Attend preconstruction conference. 2. Schedule and coordinate construction staking. 3. Assist the project engineer with the preparation,review and approval of partial and final pay requests. 4. Meet with affected property owners,as required,to answer specific questions or to address construction or design related concerns.The resident PROJECT representative will be the primary contact person for property owners for addressing construction related concerns and issues. 5. Serve as the CONSULTANT's liaison with contractor and subcontractors,working principally through contractor's superintendent and assist in understanding the intent of the Contract Documents. 6. Assist PROJECT engineer in serving as CLIENT's liaison with contractor and subcontractors. 7. Assist in obtaining additional details or information from the CLIENT,when required for proper execution of the work. 8. Review of work,rejection of defective work,inspections and tests. 9. Report to PROJECT engineer when clarifications and interpretations of the contract docuxnents are needed and transmit to contractor and subcontractors clarifications and interpretations as issued by the PROJECT engineer 10. Modifications: Consider and evaluate contractor's and subcontractors' suggestions for modifications in drawings or specifications and report to PROJECT engineer.Transmit to contractor decisions as issued by PROJECT engineer. 11. Maintain adequate and detailed construction records, including construction correspondence; construction diary; record and documentation of quantities; record of measurements,ties, sketches or other documentation of buried construction items and underground utilities;photographic and video record during construction; materials testing reports and documentation 12. On-site construction representative services do not constitute acceptance or approval of the Contractor's work nor do they relieve any part of the contractor's responsibility under the construction docuxnents. C. Construction Administration: 1. The CONSiTLTANT will prepare required contract documents, with the assistance of the CLIENT's attorney and staff, after award of contract. Page 2 of 4 2. The CONSULTANT will convene and preside over the preconstruction conference to be attended by the CLIENT's representative, Contractors, subcontractors and any affected utility companies. 3. The CONSULTANT will provide supervision and support to resident project representatives. 4. The CONSULTANT will prepare change orders and written directives if necessary. 5. The CONSULTANT will review, for conformance with design concept only, any shop drawings required to be furnished by the Contractor or subcontractors. 6. The CONSULTANT will review any material lists, suppliers lists or other submittals required to be furnished by the Contractor or subcontractors. 7. The CONSiJLTANT will make visits to the site at intervals appropriate for the various stages of construction, observe the progress and quality of the executed work of the Contractor and subcontractors, and determine, in general, if such work is proceeding in accordance with the contract documents. 8. The CONSiILTANT will meet with affected property owners and business owners as required to answer specific questions or to address construction or design related concerns. 9. The CONSIILTANT will obtain additional information or clarifications from the CLIENT when required for the proper execution of the work required by the PROJECT. 10. The CONSULTANT and its representatives will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor or subcontractors or the safety precautions or programs incident to the work of the Contractor or subcontractors. 11. The CONSiJLTANT will review and make a recommendation on the Contractor's request for partial payments. Such review will be based upon the CONSULTANT'S on-site observations and such written documentation as may be available to the CONSULTANT at the time of review. Such review will not include verification of unit price contract quantities by physical measurement of individual work items. D. Construction Closeout and Record Drawin�s: 1. The CONSITLTANT,CLIENT's representative and contractor will conduct an inspection of the PROJECT for conformance with contract documents. 2. The CONSULTANT will develop an itemization of construction issues to be corrected or resolved(punchlist). 3. The CONSULTANT will monitor the completion of the punchlist items an itemization of construction issues to be corrected or resolved. 4. The CONSULTAN'I', CLIENT's representative and contractor will conduct a final Page 3 of 4 inspection of the PROJECT to verify that the punchlist items have been addressed to the satisfaction of the CLIENT. 5. The CONSLTLTANT will prepare a final pay estimate and submit to the Contractor for review and approval. 6. The CONSiTLTANT will assist in securing all required documentation required from the Contractor for final payment. 7. The CONSULTANT will prepare record drawings reflecting constructed conditions from information observed by the CONSiTLTANT or supplied by others and furnish one reproducible copy and one electronic copy of the plans to the CLIENT following completion of construction. I.B. ADDITIONAL SERVICES Engineering services performed other than those authorized under Section I.A above shall be considered not part of the Basic Services and may be authorized by the CLIENT in writing as Additional Services. Additional Services consist of those services that are not generally considered to be Basic Services or are not definable prior to the commencement of the PROJECT or vary depending on the technique, procedures or schedule of the PROJECT contractor. Additional services may consist of the following: A. PROPERTY OR RIGHT OF WAY ACQUISITION SERVICES. Includes property or right of way acquisition services, including: Preparation of easement agreements,preparation of right-of- way plats, assistance with eminent domain proceedings, court preparation and testimony. B. REMONUMENTATION. Replacing lost or obliterated government survey corners or property corners along the PROJECT route. C. GEOTECHNICAL AND MATERIAL TESTING SERVICES. Geotechnical services and material testing services, including borings, other subsurface investigations, and material testing for quality control D. ENVIRONMENTAL SERVICES. Environmental services associated with asbestos investigations and mitigation, hazardous materials leaks, wastewater sampling, and contaminated soils. E. All other services not specifically identified in Section I.A above. Page 4 of 4