HomeMy WebLinkAbout95-05 RESOLUTIONRESOLUTION NO. 95-05
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO
THE AGREEMENT FOR PROFESSIONAL SERVICES
WITH BLACK & VEATCH CORPORATION TO PROVIDE
CONSTRUCTION AND POST CONSTRUCTION
SERVICES FOR THE NOLAND WASTEWATER
TREATMENT PLANT IN A NOT TO EXCEED AMOUNT
OF $1,478,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves Amendment No. 1 to the Agreement for Professional Services with Black &
Veatch Corporation to provide construction and post construction services for the Noland
Wastewater Treatment Plant in a not to exceed amount of $1,478,000.00. The City
Council authorizes Mayor Coody to sign this Amendment No. 1. (attached as Exhibit
PASSED and APPROVED this 10th day of May, 2005.
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By: C�Otiu < & dew
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
AMENDMENT NO. 1
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
BLACK AND VEATCH CORPORATION
WHEREAS, On July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and
Black & Veatch Corporation of Kansas City, Missouri (BLACK & VEATCH) entered into an
Agreement for engineering services in connection with the Wastewater System Improvement Project, and
in particular the Paul R. Noland Wastewater Treatment Plant Improvements - Headworks and Solids
Handling Improvements - Contract EP -2 (the "Project"). The scope of these services included the final
design and bidding services, and
WHEREAS, BLACK & VEATCH has proceeded with these services in accordance with the scope set
forth in the Agreement, and
WHEREAS, CITY OF FAYETTEVILLE requests that the scope of BLACK & VEATCH 's services to
be amended to provide Construction Phase; Resident Services During Construction; O&M Manual
Preparation, Startup, Training; and Post -Construction Phase Services for the Project, and
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY
OF FAYETTEVILLE and BLACK & VEATCH, the parties hereto, stipulate and agree that the
Agreement for Engineering Services dated July 15, 2003, is hereby amended in the following particulars:
SECTION 2 - BASIC SERVICES OF BLACK & VEATCH
2.4 Construction Phase
2.4.1 Delete APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to
the Agreement and replace with APPENDIX C - SCOPE OF SERVICES FOR
CONSTRUCTION PHASE attached to this Amendment No. 1.
2.5 Post -Construction Phase.
2.5.1 Delete APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE
attached to the Agreement and replace with APPENDIX D - SCOPE OF SERVICES FOR
POST -CONSTRUCTION PHASE attached to this Amendment No. 1.
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2.6 Resident Services During Construction
2.6.1 Delete APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING
CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX E - SCOPE
OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING
CONSTRUCTION PHASE attached to this Amendment No. 1.
2.7 O&M Manual Preparation and Training and Startup Services During Construction Phase
2.7.1 See APPENDIX F for SCOPE OF SERVICES FOR OPERATIONS AND MANUAL
PREPARATION
SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH
Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH:
3.1.8 Additional meetings with local, state, or Federal agencies to discuss project.
3.1.9 Review of drawings and other data submitted by Contractor(s) beyond one resubmission because
of failure of Contractor to account for exceptions previously noted by BLACK & VEATCH.
3.1.10 Appearances at public hearing meetings or before special boards.
3.1.11 Supplemental engineering work required to meet the requirements of regulatory or funding
agencies that become effective subsequent to the date of this amendment.
3.1.12 Special consultants or independent professional associates requested by CITY OF
FAYETTEVILLE.
3.1.13 Preparation for litigation, or other legal or administrative proceedings; and appearances in court
in connection with change orders or construction incidents.
3.1.14 Engineering assistance to CITY OF FAYETTEVILLE for and during negotiation meetings.
3.1.15 Observing factory tests and field retesting of equipment that fails to pass the initial test.
3.1.16 Visits to the construction site or to CITY OF FAYETTEVILLE's location in excess of the number
of such trips and the associated time set forth in Appendices C, D, E and F.
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3.1.17 Special reports as requested by CITY OF FAYETTEVILLE concerning facility operation and
personnel matters during the startup period.
3.1.18 Where field conditions differ from the conditions indicated in the construction contract
documents or the soil boring logs, preparation of sketches of construction work for approval by
CITY OF FAYETTEVILLE, to supplement the drawings and specifications as may be required;
and providing redesign or relocation information if required by underground obstructions,
utilities, or other conditions.
3.1.19 Services for making revisions to drawings and specifications made necessary by the acceptance
of substitutions proposed by the Contractor(s); and services after the award of the contract for
evaluating and determining the acceptability of substitutions proposed by the Contractor.
3.1.20 Additional or extended services during construction made necessary by (1) work damaged by fire
or other cause during construction, (2) a significant amount of defective or neglected work by any
Contractor, (3) acceleration of the progress schedule involving service beyond normal working
hours, (4) prolongation of the construction contract time of any prime construction contract by
more than sixty days, (5) default by any Contractor, and (6) failure of the Contractor to complete
the work within the construction contract time.
3.1.21 Services resulting from significant delays, changes, or price increases caused directly or indirectly
by shortages of materials, equipment, or energy.
3.1.22 Special services in connection with partial utilization of any part of the project by CITY OF
FAYETTEVILLE prior to Substantial Completion which require the Resident Project
Representative to work additional hours or require employment of additional onsite personnel.
3.1.23 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or
others in connection with the work.
3.1.24 Review and analysis of claims for differing subsurface and physical conditions submitted by the
Contractor(s) or others in connection with the work.
3.1.25 Additions to the resident project representative (RPR) staffing level and/or individual RPR(s)
compensation, based on straight time salary rate, for services extending beyond 40 hours per
week as a result of Contractor(s) scheduled extended work week.
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3.1.26 Prepare applications and supporting documents for governmental grants, loans, or advances.
3.1.27 Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
3.1.28 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.1.28.1 Inconsistent with approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
3.1.28.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
3.1.29 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either CITY OF
FAYETTEVILLE or Contractor under the Contract for Construction.
SECTION 4 - CITY OF FAYETTEVILLE'S RESPONSIBILITIES
Add the following tasks to SECTION 4 of Agreement:
CITY OF FAYETTEVILLE will furnish and not at the expense of the BLACK & VEATCH the
following items.
4.13 All maps, drawings, reports, records, manuals, and other data that are available in the files of
CITY OF FAYETTEVILLE and which may be useful in the work involved under this
Amendment.
SECTION 5 - PERIOD OF SERVICE
5.3 The services described in this Amendment are expected to be completed in accordance with the
following schedule:
Construction Phase Services,
Resident Project Representative Services
Twenty seven months from time of
Notice to Proceed to Contractor
by the CITY OF FAYETTEVILLE
O&M Manual Preparation and Complete within 180 days of
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f
Startup and Training Contractor's Substantial Completion
Post Construction Phase Services, Within 90 days of Completion of
the one year period of operation
CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond
May 1, 2005.
5.4 The provisions of this Amendment have been agreed to in anticipation of the orderly progress of
construction through completion of the services stated in this Amendment. BLACK & VEATCH
will proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the
services authorized and the time in which the services are to be completed as defined in this
Amendment.
SECTION 6 - PAYMENTS TO BLACK & VEATCH
6.1 Compensation
For the scope of services set forth in the final design and bidding phase and as may have been amended,
plus the Basic Services set forth in this Amendment No. 1, CITY OF FAYETTEVILLE agrees to pay
BLACK & VEATCH the amounts indicated for each phase of the work. The total payment to BLACK &
VEATCH shall not exceed One Million Eight Hundred Seventy Thousand Dollars ($1,478,000) except as
provided for in Section 3 of the Agreement. The total payment is based on compensation amounts
presented in the following table to the scopes of services set forth in this Amendment No. 1.
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Service Item(s)
Amount
Appendix C — Construction Phase Services
$867,800
Appendix D - Post -Construction Services
$79,500
Appendix E - Resident Project Representative
$432,100
Appendix F - Operation & Maintenance Manual
and Process Description, Start -Up
and Training Services
$98,600
Total Not -to -Exceed Amount
$1,478,000
Subject to prior City Council approval, adjustment of the compensation may be made should
BLACK & VEATCH establish and CITY OF FAYETTEVILLE agree that there has been or is
to be a significant change in scope, complexity or character of the services to be performed; or if
CITY OF FAYETTEVILLE decides to amend the duration of work from the time period
specified in the amended Agreement for completion of work and such modification warrants
such adjustment.
Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or
such parties as CITY OF FAYETTEVILLE may designate for these services consistent with
BLACK & VEATCH's normal billing schedule. Once established, the billing schedule shall be
maintained throughout the duration of the Project. Applications for payment shall be made in
accordance with a format to be developed by BLACK & VEATCH and approved by CITY OF
FAYETTEVILLE. Final payment for these services shall be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of this phase for
the Project.
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Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following:
6.1.3 Construction Phase Services
For the Scope of Services during the Construction Phase described herein, CITY OF
FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed, $867,800 unless
amended in accordance with Paragraph 6.1.7.
6.1.4 Post -Construction Phase Services
For the Scope of Services during the Post -Construction Phase described herein, CITY OF
FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $79,500 unless
amended in accordance with Paragraph 6.1.7.
6.1.5 Resident Project Representative Services During Construction Phase
For the Scope of Services during the Resident Project Representative Services During
Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK &
VEATCH the sum not to exceed $432,100 unless amended in accordance with Paragraph 6.1.7.
6.1.6 O&M Manual Preparation and Training and Startup Services During Construction Phase
For the Scope of Services during the O&M Manual Preparation and Training and Startup
Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay the
sum not to exceed $98,600 unless amended in accordance with Paragraph 6.1.7.
6.1.7 Additional Services.
For authorized Additional engineering services under Section 3, "Additional Services",
compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are
authorized.
6.1.8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not -to -exceed
upper limit for this Amendment No. 1 is based on the durations indicated in Section 5.3
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of this Amendment No. 1 and if the construction period or operation period is extended
that the BLACK & VEATCH shall be entitled to additional compensation.
6.1.8.1 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for
determining payment to BLACK & VEATCH for the costs incurred by BLACK &
VEATCH while providing the services described in this Amendment No. 1. Costs
include but not limited to the salaries and benefits paid to employees engaged directly
in providing the services and profit. The hourly billing rates are included as
Appendix G to this Amendment.
6.1.8.2 The following direct expenses are considered reimbursable and are included in the not
to exceed amount.
6.1.8.2.1 Travel, subsistence, and incidental costs.
6.1.8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage
basis or rental cost basis for vehicles used for short periods. Mileage basis shall
not exceed 40 cents per mile.
6.1.8.2.3 One-way moving costs to project for Resident Project Representative.
6.1.8.2.4 Cost of acquiring any other materials or services specifically for and applicable to
only this project.
6.1.8.2.5 Subcontract costs times 1.05.
6.1.8.3 The following direct expenses are also considered reimbursable and are not a part of
the not to exceed amount.
6.1.8.3.1 Charges of special consultants requested by CITY OF FAYETTEVILLE.
6.1.8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE.
6.1.8.3.3 Local taxes or fees applicable to the engineering work or payments therefore.
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6.1.8.3.4 Cost of acquiring any other materials or services specifically for and applicable to
only this project.
6.1.8.4 It is understood and agreed that the not to exceed cost is based on the start of the
services being authorized not later than May 1, 2005. If start of services is not
authorized by dates given, it is understood and agreed that the not to exceed cost will
be adjusted accordingly by an amendment the Agreement.
6.1.8.5 It is understood and agreed that BLACK & VEATCH shall keep records of costs and
expenses on the basis of generally accepted accounting practice and records shall be
available for inspection at reasonable times.
All other provisions of the original Agreement remain in full force and effect.
1N WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this WW1
day of
204
BLACK & VEATCH CORPORATION
By:
Title:
,(2.04 -
END OF AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX C — SCOPE OF SERVICES FOR CONSTRUCTION PHASE
This is Appendix C, consisting of 4 pages, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
BLACK & VEATCH CORPORATION dated July 15, 2003.
Initial:
CITY OF FAYETTEVILLE
BLACK & VEATCH
The following is the Scope of Services for the Construction Phase.
C.1. General
By performing these services, BLACK & VEATCH shall not have authority or
responsibility to supervise, direct, or control the Contractor's work or the Contractor's
means, methods, technique, sequences, or procedures of construction. BLACK &
VEATCH shall not have authority or responsibility for safety precautions and
programs incident to the Contractor's work or for any failure of the Contractors to
comply with laws, regulations, rules, ordinances, codes, or orders applicable to the
Contractor(s) furnishing and performing the work. Specific services to be performed
by BLACK & VEATCH are as follows:
C.2. Management
C.2.1. BLACK & VEATCH's management functions required to successfully complete
services to be provided under this Agreement, including all project correspondence
with the CITY OF FAYETTEVILLE, consultation and coordination with the Program
Manager, supervision and coordination of the services provided by BLACK &
VEATCH including scheduling and assignment of personnel, invoicing, and
continuous monitoring of the progress of the services.
C.3. Office Support Services During Construction
C.3.1. Receive the Contractor's insurance certificates and forward to Program Manager for
review and acceptance by the CITY OF FAYETTEVILLE's legal counsel.
C.3.2. Review and comment to Program Manager on the Contractor's initial and updated
construction schedule(s) if requested by Program Manager. BLACK & VEATCH's
review shall be for general conformity of the to the provisions of the contract
documents, to determine if the Contractor's construction schedule and activity
sequence include the completion dates, construction sequencing for any special
conditions (such as the ability of the CITY OF FAYETTEVILLE to keep the existing
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wastewater treatment plant in operation during construction). BLACK & VEATCH's
review shall not include an analysis of Contractor's approach, -means and methods of
construction for performing the work specified in the contract documents.
C.3.3. Review and comment to Program Manager on the Contractor's initial schedule of
values and schedule of estimated monthly payments.
C.3.4. Review guarantees, bonds, and certificates of inspection, and tests and approvals which
are to be assembled by the Contractor(s) in accordance with the construction contract
documents, and transmit them to Program Manager. BLACK & VEATCH's review is
not a legal review to determine if the Contractor's guarantees and bonds comply with
all applicable requirements of the contract documents.
C.3.5. Review drawings and other data submitted by the Contractor as required by the
construction contract documents. BLACK & VEATCH's review shall be for general
conformity to the construction contract documents and shall not relieve the Contractor
of any of his contractual responsibilities. Such reviews shall not extend to means,
methods, techniques, sequences, or procedures of construction, or to safety precautions
and programs incident hereto. This task does not pertain to review and organization of
manufacturer's O&M manuals, which is described in another task.
C.3.6. Interpret construction contract documents when requested. Requests for
interpretations, clarifications or information shall be in writing through the Program
Manager. Responses to Contractor shall be through the Program Manager.
C.3.7. Review Contractor's applications for payment and supporting data, determine the
amounts owed to Contractor, and recommend to Program Manager, in writing,
approval of all payments to Contractor in accordance with the Contract Documents.
BLACK & VEATCH's review shall be for the purpose of making a full independent
mathematical check of the Contractor's payment request.
C.3.8. Prepare routine Change Orders as required and submit to Program Manager. Review
CITY OF FAYETTEVILLE or Contractor documentation and prepare any additional
documentation required to administer the processing of change order, including
applications for extension of construction time. Provide opinion to the Program
Manager of the performance by the parties thereto, and make recommendations to
Program Manager on claims of CITY OF FAYETTEVILLE and Contractor(s) relating
to the execution and progress of the Work and other matters and questions related
thereto; but BLACK & VEATCH shall not be liable for the results of any such
interpretations, opinions, recommendations, or decisions rendered by BLACK &
VEATCH in good faith.
If required, evaluate the cost and scheduling aspects of all change orders and, where
necessary, negotiate with the Contractor to obtain a fair price for the work. Said
negotiation shall be subject to the approval of CITY OF FAYETTEVILLE. Services
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related to unusually complex or unusually numerous claims are considered an
Additional Service.
C.3.9. Provide monthly progress reports to CITY OF FAYETTEVILLE and Program
Manager.
C.3.10. Review and make recommendations regarding "or equal" submittals in accordance
with Construction Contract General Conditions.
C.3.11. Provide to the Program Manager, in a format acceptable to the Program Manager, such
progress reports; pay applications; project summaries; and other data as may be
required, for posting by others on a project web site to allow the public to monitor and
review the activities; materials; and financial status of the project. Update the data
supplied to the Program Manager when requested.
C.4. Field Support Services During Construction
C.4.1. Conduct the preconstruction conference. BLACK & VEATCH shall prepare an agenda
for the conference, and prepare and distribute minutes. The preconstruction conference
will include a discussion of the Contractor's tentative schedule, procedures for
transmittal and review of the Contractor's submittals, processing payment applications,
critical construction sequencing, change orders, record documents, and the Contractor's
responsibilities for safety and first aid.
C.4.2. Conduct a monthly progress meeting with Contractor and prepare and distribute
minutes of the meeting. While on-site, observe progress of the work, and consult with
Program Manager and the Contractor concerning problems and/or progress of the
construction. A total of twenty seven (27) meetings are anticipated.
C.4.3. Design team personnel with areas of responsibilities including project management,
structural, process mechanical, HVAC, electrical, control and instrumentation,
geotechnical, and architectural will make periodic site visits. These site visits will be
at intervals appropriate to the stages of construction to consult with and advise the
Resident Project Representative, observe the progress and quality of the executed
Work, and to determine, in general, if the Project is proceeding in accordance with the
Contract Documents. It is anticipated that twenty four (24) separate onsite visits will
be required. The level of effort is anticipated to require 16 person hours per trip. A
written report summarizing discussions, site observations, and periodically established
objectives shall be provided to Program Manager for distribution.
C.4.4. Investigate any unforeseen subsurface conditions or unforeseen underground facilities
that may be encountered in accordance with Construction Contract General Conditions.
Submit written conclusions to CITY OF FAYETTEVILLE through Program Manager
C.4.5. Investigate claims of CITY OF FAYETTEVILLE and the Contractor relating to the
acceptability of the work or the interpretation of the requirements of the construction
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contract documents. Submit written conclusions to CITY OF FAYETTEVILLE
through Program Manager.
C.4.6. Analyze data from performance testing of equipment by the Contractor or supplier
when the construction contract documents require the equipment to be tested after
installation. Submit written conclusions to CITY OF FAYETTEVILLE through
Program Manager.
C.4.7. Conduct a substantial completion inspection of theconstruction work and prepare a
punch -list of those items to be completed or corrected before final completion of the
project. Submit written results of the inspection to CITY OF FAYETTEVILLE and
the Contractor through Program Manager. It is anticipated that BLACK & VEATCH's
project personnel will require a total of two staff persons for one two-day inspection
trip.
C.4.8. Conduct a final inspection to determine if the construction is completed. BLACK &
VEATCH shall submit written results to Program Manager and provide written
recommendations concerning final payment to Program Manager, including a list of
items, if any, to be completed prior to making such payment. It is anticipated that the
BLACK & VEATCH's project personnel will require a total of one staff person for one
two-day inspection trip.
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX D — SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE
This is Appendix D, consisting of one page, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
BLACK & VEATCH CORPORATION dated July 15, 2003.
Initial:
CITY OF FAYETTEVILLE
BLACK & VEATCH
The following is the Scope of Services for the Post -Construction Phase.
D. General
D.1. BLACK & VEATCH agrees to provide the following services after completion of the
project. The project is identified as the Noland WWTP Improvements, Headworks and
Solids Dewatering, Contract EP -2 and defined in the construction documents prepared
by BLACK & VEATCH.
D.1.1. Prepare, after completion of construction and prior to the final inspection by the
Arkansas Soil and Water Conservation Commission, if any, a Record Set of
construction drawings based the construction records maintained and submitted by
Contractor and Resident Project Representative. Record Set of construction drawings
shall be provided in electronic CADD files.
D.2. Consultation
BLACK & VEATCH agrees to make available the services of design team members for
consultation.
D.2.1. Provide one year performance review and submit written conclusions to CITY OF
FAYETTEVILLE. Prior to expiration of the warranties, meet with the CITY OF
FAYETTEVILLE and conduct an on-site performance review to determine if the
performance provisions of the contract documents have been met. It is anticipated that
that up to 100 hours will be required.
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX E — RESIDENT PROJECT REPRESENTATIVE SERVICES DURING
CONSTRUCTION PHASE
This is Appendix E, consisting of 5 pages, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
BLACK & VEATCH dated July 15, 2003.
Initial:
CITY OF FAYETTEVILLE
BLACK & VEATCH
The following is the Scope of Services for the Resident Project Representative Services During
Construction.
E.1. General
BLACK & VEATCH will furnish up to 3,360 hours of a Resident Project
Representative to observe the Contractor's work and perform the services listed below.
The Resident Project Representative shall not have responsibility for the superin-
tendence of construction site conditions, safety, safe practices or unsafe practices or
conditions, operation, equipment, or personnel other than employees of BLACK &
VEATCH. This service will in no way relieve the Contractor of supervision and
inspection of the work or the Contractor's obligation for compliance with the Contract
Documents. The Contractor shall have sole responsibility for safety and for
maintaining safe practices and avoiding unsafe practices or conditions. Specific
services performed by the Resident Project Representative and assistants are as
follows:
E.2. Site Observations and Liaison with Program Manager and Contractor
E.2.1. Conduct on-site observations of the general progress of the work to assist BLACK &
VEATCH in determining if the work is proceeding in accordance with the construction
contract documents.
E.2.2. Serve as BLACK & VEATCH's liaison with the Contractor and assisting BLACK &
VEATCH in providing interpretation of the construction contract documents.
E.2.3. Assist BLACK & VEATCH in serving as CITY. OF FAYETTEVILLE's liaison with
the Contractor when the Contractor's operations affect CITY OF FAYETTEVILLE's
on-site operation.
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E.2.4. As requested by BLACK & VEATCH, assist in obtaining from CITY OF
FAYETTEVILLE additional details or information when required at the jobsite for
proper execution of the work.
E.2.5. Report to BLACK & VEATCH, giving opinions and suggestions based on the Resident
Project Representative's observations regarding defects or deficiencies in the Con-
tractor's work and relating to compliance with drawings, specifications, and design
concepts.
E.2.6. Advise BLACK & VEATCH and the Contractor immediately of the commencement of
any work requiring a shop drawing or sample submission if the submission has not
been reviewed by BLACK & VEATCH or has been not been resubmitted for review if
required.
E.2.7. Observe pertinent site conditions when the Contractor maintains that differing
subsurface and physical conditions have been encountered, and document actual site
conditions.
E.2.8. Assist in coordinating scheduling of activities to minimize conflicts with CITY OF
FAYETTEVILLE's activities.
E.2.9. Visually inspect materials, equipment, and supplies delivered to the worksite. Reject
materials, equipment, and supplies which do not conform to the construction contract
documents.
E.2.10. Coordinate onsite materials testing services during construction. Copies of testing
results will be forwarded to CITY OF FAYETTEVILLE and Program Manager for
information.
E.2.11. Observe field tests of equipment, structures, and piping, and review the resulting
reports, commenting to BLACK & VEATCH, as appropriate.
E.2.12. Report immediately to BLACK & VEATCH upon occurrence of any accident.
E.3. Outside Liaison and Public Information Services
E.3.1. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the project. Record the names of the inspectors, and the results of the inspections,
and report to BLACK & VEATCH and Program Manager.
E.4. Meetings, Reports, and Document Review and Maintenance
E.4.1. Attend the preconstruction conference, and assist BLACK & VEATCH in explaining
administrative procedures which will be followed during construction.
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E.4.2. Attend monthly progress meetings, and other meetings with Program Manager and the
Contractor when necessary, to review and discuss construction procedures and
construction progress, engineering management procedures, and other matters
concerning the project.
E.4.3. Submit to BLACK & VEATCH, with a copy to Program Manager, weekly construc-
tion progress reports containing a summary of the Contractor's progress including
general condition of the work, problems, and resolutions or proposed resolutions to
problems.
E.4.4. Review the schedule of shop drawings submissions, and schedule of values prepared
by the Contractor, and consult with BLACK & VEATCH concerning their
acceptability.
E.4.5. Report to BLACK & VEATCH regarding work which is known to be defective, or
which fails any required inspections, tests, or approvals, or has been damaged prior to
final payment; and advise BLACK & VEATCH whether the work should be corrected
or rejected, or should be uncovered for observation, or requires special testing,
inspection, or approval.
E.4.6. Review applications for payment with the Contractor for compliance with the
established procedure for their submission, and forward them with recommendations to
BLACK & VEATCH, noting particularly their relation to the schedule of values, work
completed, and materials and equipment delivered at the site, but not incorporated into
the work.
E.4.7. Record date of receipt of shop drawing samples. Receive samples which are furnished
at the site by the Contractor, and notify BLACK & VEATCH of their availability for
examination.
E.4.8. Verify, during the course of the work, that specified certificates, operation and
maintenance manuals, and other data required to be assembled and furnished by the
Contractor are applicable to the items actually installed.
E.4.9. Maintain a marked set of drawings and specifications at the jobsite based on data
provided by the Contractor. This information will be combined with information from
the record documents maintained by the Contractor. Upon completion of the work,
forward the record documents to BLACK & VEATCH.
E.4.10. Review certificates of inspections, tests, and related approvals submitted by the
Contractor as required by laws, rules, regulations, ordinances, codes, orders, or the
Contract Documents (but only to verify that their content complies with the
requirements of, and the results certified indicate compliance with, the construction
contract documents). This service is limited to a review of items submitted by the
Contractor and does not extend to a determination of whether the Contractor has
complied with all legal requirements.
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E.4.11. Maintain the following documents at the jobsite.
E.4.11.1 Correspondence files.
E.4.11.2
Reports of jobsite conferences, meetings, and discussions among the
BLACK & VEATCH, Program Manager, and Contractor.
E.4.11.3 Submittals of shop drawings and samples.
E.4.11.4 Reproductions of original construction contract documents.
E.4.11.5 Addenda.
E.4.11.6 Change orders.
E.4.11.7 Field orders.
E.4.11.8 Work Change Directives
E.4.11.9 Requests for Interpretation
E.4.11.10 Requests for Proposal and Associated Response.
E.4.11.11 Additional drawings issued subsequent to execution of the construction
contract documents.
E.4.11.12 Progress reports.
E.4.11.13 Names, addresses, and telephone numbers of all contractors,
subcontractors, and major suppliers of materials and equipment.
E.4.11.14 Maintain a diary or log book of significant events at the jobsite, including
the following information. The diary or log book shall remain the property
of BLACK & VEATCH.
Days the Contractor worked on the jobsite.
Number of Contractor and subcontractor personnel on jobsite.
Construction equipment on the jobsite.
Observed delays and causes.
Weather conditions.
Data relative to claims for extras or deductions.
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Construction Activities.
Observations pertaining to the progress of the work.
Materials received on jobsite.
E.S. Assistance with Substantial Completion
E.5.1. Assist BLACK & VEATCH in conducting substantial inspection in the company of
Program Manager and the Contractor, and prepare a list of items to be completed or
corrected.
E.5.2. Verify that all items on the list have been completed or corrected, and make
recommendations to BLACK & VEATCH concerning acceptance.
E.6. Assistance with Final Completion
E.6.1. Assist BLACK & VEATCH in conducting final inspection in the company of Program
Manager and the Contractor, and prepare a final list of items to be completed or
corrected.
E.6.2. Verify that all items on the final list have been completed or corrected, and make
recommendations to BLACK & VEATCH concerning acceptance.
E.7. Field Testing Services
E.7.1. Through a subcontract, conduct, evaluate, and report on test and test analyses for
equipment and materials, including concrete, masonry, and soil compaction identified
in the construction contract documents to be performed by OWNER.
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