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HomeMy WebLinkAboutWater System Improvements 2009 Amendment 1 to Agreement for Engineering and Surveying Services.PDFJune 17. 2009 Mr. Brent Cross, P.E. Village of Cayuga Heights 836 Hanshaw Road Ithaca, New York 14850 Re: Water System lmprovements 2009 Amendment 1 to Agreement for Engineering and surveying services Dear Mr. Cross: We are pleased to submit to the Village of Cayuga Heights (hereinafter referred to as the ,,Owner') this amendment to our current agreement for engineering and surveying services related to the Water System lmprovements 2009 project (hereinafier referred to ai tne "project"). ln general, the change in the scope of services includes the addition of a 'full-time' Resident project Representative (RPR) for the Construction Phase of the project. Attached is Exhibit B stating thl standard duties, responsibilities and limitations of authority of the RPR in accordance with EJCDC Standard Form E510. In addition to the duties listed on the standard form, the RpR will also perform weekly stormwater inspections in accordance with Stormwater Pollution prevention plan, Further, the RPR will facilitate communications between our office, the Village and the land owners or residents impacted by the proposed construction activities. The RPR is expected to work approximately 30 hours per week over the 16-week construction phase of the project for an estimated total of 480 hours. Compensation for the services of the RpR will be a fee not to exceed $26,400 based on an hourly rate of $55.00 per hour including all expenses. With your author$zation, we will engage the services of an individual capable of performing the duties of the RPR. lf the amended scope of work, fee and terms are acceptable, please have Mayor Gilmore sign below, initial Exhibit B and return one copy as authorization to proceed. We sincerely appreciate the opportunity to work with you on this Project. Please contact me if you have any questions. Respectfully, T.G. Miller. P.C. Frank L. Santelli, Vice President James S. Gilmore lll, Mayor This is DGIIBII B, consisting of 4 pages, referred to in and pzrt of the Agreement between Oryner and Engin€er for Professional Services dated October 7. 2008. and Limitations of Au of Resident Project Representative The Agreement is arnended and supplemented to include the following agreement of the parties: Re sident P roj e ct Repre s e ntativ e C. Engineer shall fi:rnish a Resident Ftoject Representative ("RPR"), assistants, ancl other freid staff to assist Engineer in observing progress and quality of the Work. Tlre RPR, assistantq and other field staff rmder this Exhibit B shall provide fi-rll tirne representation unless representation to a lesser degree is approved by Agency. Tluough such additional observations of Contactor's work in progress and field checks of materials arrd equipment by the RPR and assistants, Engineer shall endeavor to provide firrtlrer protection for Owner against defects and deficiencies in the Work. I'Iowever, Engineer shall not, <luring such visits or as a result of such observations of Contractor's work in progress, supervise, direc! or have control over the Contractor's work nor sball Engineer have authority over or responsibility fbr the rneans, methods, techniques, sequences, or procedwes selected or used by Contractor, for security or safety at the Site, for safety precautions ancl programs incident to the Conhactor's work in progress, for any failure of Contractor to comply with Laws ancl Regulations applicable to Contractor's performing and fumishing the Worlg or responsibility for Contractor's failure to fumish and perfonn the Work in accordance with the Contact Documents. In addition, the specifrc terms set tbrth in section A. 1.05 of Exhibit A of the Agreement are applicable. The duties and responsibilities of the RPR are as follows: 7. (]eneral: RPR is Engineer's agent at the Site, will act as directed by and rurder the supervision ofEngineer, 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 Contactor, keeping Owner advise<l as necessary. RPR's dealings with subconhactors shall only be tlnough or with the firll knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction ofEngineer. 2. Schedules: Review the progress schedule, sohedule of Shop Drawing and Sample zubrnittals, and schedule of values prepared by Contractor and consult withEngineer 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'. Serve as Engineer's liaison with Contractor, working principally through Conlractor's superintendent, assist in providing information regarding the intent of the Contract Documents. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Ollner's on-Site ooerations. c. Assist in obtaining horn Onner additional details or information, when required fbr proper execution of the Work, Page I of4 Pagcs @xhibit ts - Dutics, Reponsibilitis and Umitations of Authority of Resident hoje ct Represcntative) FJCIrc E-510 Stildard Forrn of Agrerent Betrveqr Owner and Engineer for Professional Seruices, Irrmding Agenty Editton Copyriglrt @ 2fi)2 National Socicty ofltrfessional f,ngineers for ILICDC. All rights reserwed. 5. o Interprettttion oJ'Contract Docttnents: Report to Engineer utren clarifrcations and interpretations of the Conhact Documents are needsd and trirnsmit to Contractor clarifications and interpretations as issued bv Engineer. Shop Drawings and Samples'. a. Record date ofreceipt ofSamples and approved Shop Drawings. b. Receive Samples vrtrich are furnished at the Site by Conhactor, and notiS, Engineer of availability of Sarnples for examination. c. Advise Engineer and Contactor of the commencement of any portion of the Work requiring a Slrop Drawrng or Sample submittal for which II.PR believes that the submittal has not been approved by Engineer. Modifcations.' Consider and evaluate Conkactor's suggestions for modilications in I)rawings or Specifications and report such suggestions, togelher with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. Review of I(ork 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 Conlract Docurnents. b. Report to Engineer lvhenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that contbrms generally to the Conhact Documents or will imperil the integrity of the design concept of the completed Project as a finctioning u{role as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspectioq 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 rurcovered for observatiorl or requires special testing inspection or approval. Inspections, Tests, and System Startups: Consult with Engineer in advance of scheduied major inspections, tests, and systems starhrps of irnportant phases of the Work. Veriff that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence ofappropriate Orwner's personnel and that Contractor maintains adequate records thereof. Observe, record, and report to Engineer appropriate details relative to the test procedures and systerns start-uos. d. Accompany visiting irspectors representing public or other agencies having jurisdiction over the Iloject, record the results ofthese inspections, and report to Engineer. 1.0. Records: a. Maintain at the Site orderly ltles lior correspondence, reports ofjob conferences, reproductions of origiri,ai Contract Documents including all Change C)rders, Field C)rders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract l)ocuments, progress reports, Shop Drawing and Sarnpie submittals received hom and delivered to Contractor. and other Proiect-relaGd documents. 8. Page 2 of4 Pages (Exhibit B - Dutics, Responsibilities and Iimitations ofAutlmrity of Resident Project lleprescntativc) FJCDC E-510 Standard Form of Agrenrcnt Between Ovrner and Enginer for hrfessiorul Servics, Funding Agcncy Edition Copyright @ 2(X)2 National Socicty of hnfasioml Engincers fm AICDC. All rights rescned. b. hepare a daily report or keep a cliary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, orchanged conditions, Site visitors, daily activities, decisions, observations in genelq and specificobservations in more detail as in the case of observing test procedures; and send coples to Engineer. c' Record names, addresses, fax numbers, e-mail addresses, web site locations, and teiephone numbers of allcontractors, subcontactors, and major suppliers of materials and equipment. d. Maintain records for use in preparing project documentation. e. Upon completion of the Work, fumish original set of all RPR ft'oject documentation to Ensineer. 11. Reports: Fumish 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. Draft ancl recommend to Engineer proposed Change Orders, Work Change Directives, and Field C)rders. Obtain backup material from Contractor. Fumishto Engineer and owner copies of all inspection, tes! and system start-up reports. Immediately notify Engineer of the occurrenoe of any Site accidents, emergencies, acts of God endangering the Work, damage to properb/ by fire or other causes, or the discovery of any Constituent of Concem. 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 complete,i, ;d materiais and equipment delivered at the Site but not incorporated in the Work. 13. Certiiicates, Operation and fuIaintenance Manuals: During the course of the Worlg verifu that materials and equipment certiticates, 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 Orurer prior to payment for ttr,at part of the Work. 14. Completion: a- Participate in a Substantial Completion (pre-final) inspectiorl and assist in the determination of Subslantial Completion and the preparation of lists of items to be completed or corrected. b. Observe Contractor-arranged inlpections required by Laws and Regulations applicable to the Work, inciuding but not limited to those performed by public agencies having jurisdiction over the Work. c. Participate in a finai inspection in the company of Engineer, Owner, and Contractor and prepare a final list of iterns to be completed and deficiencies to be remedied. d. Observe whether all items on the final list have been completed or corrected and make recommendatiors to Engineer conceming acceptance and issuance of the Notice of Acceptability of the Work. d. Page 3 of4 Pages (Exhibit ts - Duties, Rerpnsibilities and Limitations of Authorilr of Resident hoject Re prcsentaiive) HCDC E-Sf O ftandard Form of Agremnt Bctrvem Ovmer and Enginer for Profesioml Senice, Irunding Agency tr)dition @ 2ffi2 Nationa! Smief of hrfessional Engineem for IIICDC. All rights rmned.