ITEM 5.2 Owner-Engineer Agreement East WWTF40
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MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:'
Utilities
Utility Manager Neidermeier
February 24, 2020
PRESENTER(s)
REVIEWED BY:
ITEM #:
Scott Schafer, AE2S
City Administrator/Finance Director Flaherty
City Attorney Kendall
5.2
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
X
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City Staff is recommending the City Council approve an amendment to Owner -Engineer Agreement for the
Otsego East Wastewater Treatment Facility Biosolids Building project.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/J USTI FI CATI O N:
The Otsego Wastewater Master Plan adopted February 2018 identified an East Wastewater Treatment
Facility Solids Phase 1 project. This project upgrades solids management from a long term outside biosolids
storage with land application to a short-term thickening and disposal process.
Design stages have now been fully completed fulfilling the scope of services from the original agreement
approved January 14, 2019, as well as from Amendment No. 1 of the agreement approved August 12, 2019.
The proposed construction phase of the project is included within the attached Amendment No. 2. The
scope of services includes: general administration, B3 administration, project observation, post
construction services and instrumentation and control setup. The cost of these services provides for a cost
of $1,070,000, which are funded by and were included in the Sanitary Sewer Utility budget.
SUPPORTING DOCUMENTS ATTACHED:
0 Amendment No. 2 to Owner -Engineer Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE iITTO APPEAR IN THE MINUTES:
Motion to approve Amendment No. 2 to Owner -Engineer Agreement dated January 14, 2019 with
Advanced Engineering and Environmental Services, Inc. (AE2S) in the amount of the $1,070,000.
BUDGET INFORMATION
FUNDING:
BUDGETED:
602 —Sanitary Sewer Utility Fund
Yes
This is EXHIBIT K, consisting of 9 pages plus attachments,
referred to in and part of the Agreement between Owner and
Engineer for Professional Services dated January 14, 2019.
AMENDMENT TO OWNER -ENGINEER AGREEMENT
Amendment No. 2
The Effective Date of this Amendment is: February N 2020
Background Data
Effective Date of Owner -Engineer Agreement: January 14, 2019
Owner: City of Otsego, Minnesota
Engineer: Advanced Engineering and Environmental Services, Inc. (AE2S)
Project: Otsego East Wastewater Treatment Facility Biosolids Building
Nature of Amendment: [Check those that are applicable and delete those that are inapplicable.]
X Additional Services to be performed by Engineer
X Modifications of payment to Engineer
X Modifications to time(s) for rendering services
Description of Modifications:
• Exhibit A: Tasks A1.05, A1.06, and A1.07 were previously reserved for future use. Amendment 1
adds these tasks as described below.
• Exhibit C: Pala C2.01.A.1 modifications and the addition of Part C2.02.
• Exhibit D is added as Attachment 1 to Amendment 2.
• Exhibit E is added as Attachment 2 to Amendment 2.
A1.05 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from
Owner, Engineer shall:
General 4d7ninistration of Construction Contract: Consult with Owner and act as Owner's
representative as provided in the Construction Contract. The extent and limitations of the duties,
responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be
modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to
Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in
dealings with Contractor to the extent provided in this Agreement and the Construction Contract
except as otherwise provided in writing.
a. Loan Application: Consult with Owner to produce a completed State Revolving Fund (SRF)
loan application for the project financing. It is anticipated that Engineer will complete the loan
Exhibit K— Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page I
application relying upon project knowledge and previously completed city reports with review
and official submittal by Owner.
b. Financial Administration: Conduct Contractor payroll interviews, conduct certified payroll
verification, conduct American Iron and Steel compliance verification, consult with Owner for
loan draw amounts, and submit loan draw requests.
Compliance for Buildings, Benchmarks, and Beyond (B3): Conduct compliance verification,
reporting, and commissioning as required for the SRF loan via the State of Minnesota B3
program. Includes verification of B3 compliance with the shop drawing review included in
Section A1.05.A.10. Conduct commissioning of HVAC, lighting, and plumbing systems per B3
requirements. Develop the B3 "SB 2030 Energy Efficient Operations Manual" and provide
initial support and training for implementation.
1. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the
Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities,
and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR's services will
not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in
Exhibit D.
2. Selecting Independent Testing Laboratory: If deemed necessary, assist Owner in the selection of an
independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.0.
Pre -Construction Conference: Participate in and host a Pre -Construction Conference prior to
commencement of Work at the Site.
4. Schedules: Receive, review, and determine the acceptability of any and all schedules that
Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of
Submittals, and Schedule of Values.
5. Baselines and Benchmarks: As appropriate, coordinate establishment (by others) of baselines and
benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor
to proceed.
6. Visits to Site and Observation of Construction: hi connection with observations of Contractor's
Work while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer
deems necessary, to observe as an experienced and qualified design professional the progress of
Contractor's executed Work. Such visits and observations by Engineer, and the Resident
Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor's Work in progress or to involve detailed inspections of Contractor's Work in
progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the
Contract Documents, but rather are to be limited to spot checking, selective sampling, and
similar methods of general observation of the Work based on Engineer's exercise of
professional judgment, as assisted by the Resident Project Representative, if any. Based on
information obtained during such visits and observations, Engineer will determine in general if
the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep
Owner informed of the progress of the Work.
Exhibit IC —Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 2
b. The purpose of Engineer's visits to, and representation by the Resident Project Representative,
if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities
assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the
exercise of Engineer's efforts as an experienced and qualified design professional, to provide
for Owner a greater degree of confidence that the completed Work will conform in general to
the Contract Documents and that Contractor has implemented and maintained the integrity of
the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. 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 Contractor's Work, nor
shall 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 Contractor's Work, nor for any failure
of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and
performing the Work. Accordingly, Engineer neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the
Work in accordance with the Contract Documents.
7. Defective Work: Recommend to Owner rejection of Work if, on the basis of Engineer's
observations, Engineer believes that such Work (a) is defective under the standards set forth in the
Contract Documents, (b) will not produce a completed Project that conforms to the Contract
Documents, or (c) will imperil the integrity of the design concept of the completed Project as a
functioning whole as indicated by the Contract Documents.
8. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations
of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such
clarifications and interpretations will be consistent with the intent of and reasonably inferable from
the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue
field orders authorizing minor variations in the Work from the requirements of the Contract
Documents.
9. Change Orders and Work Change Directives: Recommend change orders and work change
directives to Owner, as appropriate, and prepare change orders and work change directives as
required.
10. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to
Shop Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the
design concept of the completed Project as a functioning whole as indicated by the Contract
Documents. Such reviews and approvals or other action will not extend to means, methods,
techniques, sequences, or procedures of construction or to safety precautions and programs incident
thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted.
11. Substitutes and "or -equal": Evaluate and determine the acceptability of substitute or "or -equal"
materials and equipment proposed by Contractor, but subject to the provisions of the Contract
Documents.
12. Inspections and Tests: Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals
required by Laws and Regulations or the Contract Documents. Engineer's review of such
certificates will be for the purpose of determining that the results certified indicate compliance with
the Contract Documents and will not constitute an independent evaluation that the content or
Exhibit K — Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 3
procedures of such inspections, tests, or approvals comply with the requirements of the Contract
Documents. Engineer shall be entitled to rely on the results of such tests.
13. Disagreements between Owner and Contractor: Render formal written decisions on all duly
submitted issues relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the execution, performance, or progress of
Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing
either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if
Engineer in its discretion concludes that to do so would be inappropriate. In rendering such
decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be
liable in connection with any decision rendered in good faith in such capacity.
14. Applications for Payment: Based on Engineer's observations as an experienced and qualified
design professional and on review of Applications for Payment and accompanying supporting
documentation:
a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations
of payment will be in writing and will constitute Engineer's representation to Owner, based on
such observations and review, that, to the best of Engineer's knowledge, information and belief,
Contractor's Work has progressed to the point indicated, the Work is generally in accordance
with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior
to or upon Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents, and to any other qualifications stated in the recommendation), and the
conditions precedent to Contractor's being entitled to such payment appear to have been
fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of
unit price work, Engineer's recommendations of payment will include final determinations of
quantities and classifications of Contractor's Work (subject to any subsequent adjustments
allowed by the Contract Documents).
b. By recommending any payment, Engineer shall not thereby be deemed to have represented that
observations made by Engineer to check the quality or quantity of Contractor's Work as it is
performed and furnished have been exhaustive, extended to every aspect of Contractor's Work
in progress, or involved detailed inspections of the Work beyond the responsibilities
specifically assigned to Engineer in this Agreement and the Contract Documents. Neither
Engineer's review of Contractor's Work for the purposes of recommending payments nor
Engineer's recommendation of any payment including final payment will impose on Engineer
responsibility to supervise, direct, or control Contractor's Work in progress or for the means,
methods, techniques, sequences, or procedures of construction or safety precautions or
programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to
Contractor's furnishing and performing the Work. It will also not impose responsibility on
Engineer to make any examination to ascertain how or for what purposes Contractor has used
the moneys paid on account of the Contract Price, or to determine that title to any portion of the
Work in progress, materials, or equipment has passed to Owner free and clear of any liens,
claims, security interests, or encumbrances, or that there may not be other matters at issue
between Owner and Contractor that might affect the amount that should be paid.
15. Contractor's Completion Documents: Receive, review, and transmit to Owner maintenance and
operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance
required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings,
Samples and other data approved as provided under Paragraph A1.05.A.11, and transmit the
Exhibit K—Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 4
annotated record documents which are to be assembled by Contractor in accordance with the
Contract Documents to obtain final payment. The extent of such review by Engineer will be limited
as provided in Paragraph A1.05.A.11.
16. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire
Work ready for its intended use, in company with Owner and Contractor, visit the Project to
determine if the Work is substantially complete. If after considering any objections of Owner,
Engineer considers the Work substantially complete, Engineer shall deliver a certificate of
Substantial Completion to Owner and Contractor.
17. Additional Tasks: Perform or provide the following additional Construction Phase tasks or
deliverables:
a. The visits described in Article A.1.05.A.7.a are anticipated to occur monthly, or more
frequently.
b. The Engineer shall document visits to the project site in writing on standard inspection report
forms with copies furnished to the Owner and Contractor.
c. Upon Substantial Completion, the Engineer shall provide a copy of the Certificate of
Substantial Completion to the Owner.
d. Attend Council meetings, as needed, to provide a project completion, present applications for
payment, recommend the approval of change orders, and discuss other pertinent matters.
18. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the
completed Work of Contractor is such that Engineer may recommend, in writing, final payment to
Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a
notice in the form attached hereto as Exhibit E (the 'Notice of Acceptability of Worlc") that the
Work is acceptable (subject to the provisions of Paragraph A1.05.A.15.b) to the best of Engineer's
knowledge, information, and belief and based on the extent of the services provided by Engineer
under this Agreement.
B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first
Construction Contract for the Project or any part thereof and will terminate upon written recommendation
by Engineer for final payment to Contractors. If the Project involves more than one prime contract as
indicated in Paragraph A1.03.1), then Construction Phase services may be rendered at different times in
respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an
equitable increase in compensation if Construction Phase services (including Resident Project
Representative services, if any) are required after the original date for completion and readiness for final
payment of Contractor as set forth in the Construction Contract.
C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any
Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the
Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's
Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any
Contractor to perform or furnish the Work in accordance with the Contract Documents.
G1.02 Post -Construction Phase
A. Upon written authorization from Owner during the Post -Construction Phase Engineer shall:
Exhibit K—Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 5
I . Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in
consultations and discussions with Contractor concerning correction of any such defects, and make
recommendations as to replacement or correction of defective Work, if any.
2. Together with Owner or Owner's representative, visit the Project within one month before the end
of the correction period to ascertain whether any portion of the Work is subject to correction.
3. Perform or provide the following additional Post -Construction Phase tasks or deliverables:
a. Prepare an Operations and Maintenance Manual, submit the information to the Minnesota
Pollution Control Agency, and provide two (2) copies to Owner.
b. The Engineer shall prepare Record Drawings showing appropriate record information based on
Project annotated record documents received from the Contractor, and furnishing such Record
Documents to Owner as one (1) electronic PDF document and three (3) 11"xl7" bound
hardcopies.
B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise
modified in this Exhibit A, will terminate twelve months after the commencement of the Construction
Contract's correction period.
A1.07 I&C Programming Services
A. Upon the successful completion of the Bidding Phase for Instrumentation and Control System equipment, and
upon authorization from OWNER, ENGINEER shall:
1. Coordinate with Contractor to purchase hardware and software components in accordance with
Contact Documents Section 01 21 13, Part 1, Paragraph 1.02.C.I (Allowances).
2. Configure computers and communication networks of items detailed in Paragraph A1.07A.10.
3. Install Supervisory Control and Data Acquisition (SCADA) and programmable logic controller
(PLC) programming software of items detailed in Paragraph Al. 07A.10.
4. Review installation of instrumentation and control components with electrical contactor.
5. Review field input/output scheme for proper operation.
6. Provide programming for PLC, human/machine interface graphics, operator interface terminals
(OIT), and SCADA software of items detailed in Paragraph A1.07A.10.
7. Provide I/O checkout and verify proper operation and control of items detailed in Paragraph
A1.07A.10.
8. Provide services to train operators on the operation of the SCADA system.
9. Travel to/from the project site during the construction phase to accomplish the work listed in
Paragraph A1.07A.
Exhibit K—Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 6
10. The scope of the programming includes the new Biosolids Building as well as integration into the
existing utility systems. The following list details the anticipated requirements to complete the
work:
a. Upgrading controls hardware in existing buildings:
• Existing Controls Building (East WWTF)
o Panel SCPA1: SCADA, PLC, and OIT Programming; Startup
o Panel SCPA2: SCADA and PLC Programming; Startup
o Panel SCPA3: SCADA and PLC Programming; Startup
o Network Panel: Configuration, SCADA Programming, Startup
o Panel MCP (New): SCADA and PLC Programming; Startup
• Existing UV Building (East WWTF)
o Panel SCPE1: SCADA and PLC Programming; Startup
• Existing Thickening Building (East WWTF)
o Panel SCPGl: SCADA and PLC Programming; Startup
o Panel SCPG2: SCADA, PLC, and OIT Programming; Startup
• Existing Blower Building (East WWTF)
o Panel SCPJ1: SCADA and PLC Programming; Startup
b. Controls hardware in Biosolids Building:
• Biosolids Building
o Panel SCPBl: SCADA, PLC, and OIT Programming; Startup
o Panel NWP 1: Configuration and Startup
c. SCADA Workstation Configuration and Software Upgrade Controls:
New SCADA Workstation (East WWTF)
o Setup and configuration
o Wonderware Intouch software and Historian software installation and
configuration
o Win-911 software installation and configuration
o Trends Configuration
o Testing and commissioning
New SCADA Workstation (West WWTF)
o Setup and configuration
o Wonderware Intouch software and Historian software installation and
configuration
o Trends Configuration
o Testing and commissioning
New SCADA Tablet (East WWTF)
o Setup and configuration
o Testing and commissioning
Article 2 of Exhibit C of the Agreement is amended and supplemented to include the following agreement of the
parties:
Exhibit K—Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 7
Delete Parts C2.01A.1 e through g and replace with the following:
e. Construction Phase
General Administration
$364,800
B3 Administration
$91,500
RPR
$401,000
f. Post -Construction Phase
$34,000
g. I&C Programming
$178,700
Agreement Summary:
Original agreement amount:
Net change for prior amendments:
This amendment amount:
Adjusted Agreement amount:
$272,100
$1,018,200
1 070 000
$2,360,300
C2.02 Compensation for Resident Project Representative Basic Services — Hourly Method of Payment
A. Owner shall pay Engineer for Resident Project Representative Basic Services as follows:
Resident Project Representative Services: For services of Engineer's Resident Project
Representative, if any, under Paragraph A1.05 of Exhibit A, the Hourly amount indicated in
C2.01A. Le for RPR. The amount includes compensation for the Resident Project Representative's
services. Appropriate amounts have been incorporated in the amount to account for labor costs,
overhead, profit, and expenses related to the Resident Project Representative's Services.
2. Reimbursable Expenses: In addition to the amount, Engineer is also entitled to reimbursement
from Owner for the following RPR Reimbursable Expenses: included in the RPR estimate.
3. Resident Project Representative Schedule: The hourly amount set forth in Paragraph C2.0l.A.1
above is based on full-time RPR services on a 40-hour workweek Monday through Friday
providing full-time RPR over 14 months of active construction and part-time over six (6) weeks of
tapered construction based upon the anticipated construction activities starting in Spring 2020 and
proceeding through the July 15, 2021 Final Completion. Modifications to the schedule shall entitle
Engineer to an equitable adjustment of compensation for RPR services.
Exhibit D is added to the agreement as Attachment 1 following this Exhibit K.
Exhibit E is added to the agreement as Attachment 2 following this Exhibit K.
Change in time for services (days or date, as applicable): Conclusion of the Warranty Period, which is
anticipated to be July 16, 2022.
Exhibit K—Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 8
Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All
provisions of the Agreement not modified by this or previous Amendments remain in effect,
OWNER:
ENGINEER:
By: By:
Print Print
name: name:
Title:
Date Signed:
Title:
Date Signed:
Exhibit K—Amendment to Owner -Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 9
This is EXHIBIT D, consisting of 5 pages, referred to in and
part of the Agreement between Owner and Engineer for
Professional Services dated January 14, 2019.
Duties, Responsibilities, and Limitations of Authority of Resident Project Representative
Article 1 of the Agreement is supplemented to include the following agreement of the patties:
ARTICLE 1- SERVICES OF ENGINEER
D 1.01 Resident Project Representative
A. Engineer shall furnish a Resident Project Representative ("RPR') to assist Engineer in observing
progress and quality of the Work. The RPR may provide full time representation or may provide
representation to a lesser degree. RPR is Engineer's representative at the Site, will act as directed by
and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions.
B. Through RPR's observations of the Work, including field checks of materials and installed equipment,
Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the
Work. However, Engineer shall not, as a result of such RPR observations of the Work, supervise,
direct, or have control over the Work, nor shall Engineer (including the RPR) have authority over or
responsibility for the means, methods, techniques, sequences, or procedures of construction selected or
used by any Constructor, for security or safety at the Site, for safety precautions and programs incident
to the Work or any Constructor's work in progress, for the coordination of the Constructors' work or
schedules, or for any failure of any Constructor to comply with Laws and Regulations applicable to the
performing and furnishing of its work. The Engineer (including RPR) neither guarantees the
performances of any Constructor nor assumes responsibility for any Constructor's failure to furnish and
perform the Work, or any portion of the Work, in accordance with the Construction Contract
Documents. In addition, the specific terms set forth in Exhibit A, Paragraph A1.05, of this Agreement
are applicable.
C. The duties and responsibilities of the RPR are as follows:
1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and
Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge
and approval of Contractor. RPR shall generally communicate with Owner only with the
knowledge of and under the direction of Engineer.
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals,
schedule of values, and other schedules prepared by Contractor and consult with Engineer
concerning acceptability of such schedules.
3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences, and other Project -related meetings (but not
including Contractor's safety meetings), and as appropriate prepare and circulate copies of
minutes thereof.
4. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to
do so by such safety programs, receive safety training specifically related to RPR's own personal
safety while at the Site.
Exhibit D - Resident Project Representative
Agreement Between Owner and Engineer for Professional Services
Page 1
Liaison:
a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's
authorized representative or designee, assist in providing information regarding the
provisions and intent of the Construction 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 information, when required for proper
execution of the Work.
6. Clarifications and Interpretations: Receive from Contractor submittal of any matters in question
concerning the requirements of the Construction Contract Documents (sometimes referred to as
requests for information or interpretation—RFIs), or relating to the acceptability of the Work
under the Construction Contract Documents. Report to Engineer regarding such RFIs. Report to
Engineer when clarifications and interpretations of the Construction Contract Documents are
needed, whether as the result of a Contractor RFI or otherwise. Transmit Engineer's clarifications,
interpretations, and decisions to Contractor. ,
7. Shop Drawings and Samples:
a. Record date of receipt of Samples and Contractor -approved Shop Drawings.
b. Receive Samples that 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, if RPR believes that the submittal has not been
received from Contractor, or has not been approved by Contractor or Engineer.
8. Proposed Modifications: Consider and evaluate Contractor's suggestions for modifications to the
Drawings or Specifications, and report such suggestions, together with RPR's recommendations,
if any, to Engineer. Transmit Engineer's response (if any) to such suggestions to Contractor.
9. Review of Work; Defective Work:
Report to Engineer whenever RPR believes that any part of the Work is defective under the
terms and standards set forth in the Construction Contract Documents, and provide
recommendations as to whether such Work should be corrected, removed and replaced, or
accepted as provided in the Construction Contract Documents.
b. Inform Engineer of any Work that RPR believes is not defective under the terms and
standards set forth in the Construction Contract Documents, but is nonetheless not
compatible with the design concept of the completed Project as a functioning whole, and
provide recommendations to Engineer for addressing such Work. ; and
c. Advise Engineer of that part of the Work that RPR believes should be uncovered for
observation, or requires special testing, inspection, or approval.
Exhibit D - Resident Project Representative
Agreement Between Owner and Engineer for Professional Services
Page 2
10. Inspections, Tests, and System Start -asps:
a. Consult with Engineer in advance of scheduled inspections, tests, and systems start-ups.
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.
Observe, record, and report to Engineer appropriate details relative to the test procedures and
systems start-ups.
d. Observe whether Contractor has arranged for inspections required by Laws and Regulations,
including but not limited to those to be performed by public or other agencies having
jurisdiction over the Work.
Accompany visiting inspectors representing public or other agencies having jurisdiction over
the Work, record the results of these inspections, and report to Engineer.
11. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences, copies of
Construction Contract Documents including all Change Orders, Field Orders, Work Change
Directives, Addenda, additional Drawings issued subsequent to the execution of the
Construction Contract, RFIs, Engineer's clarifications and interpretations of the Construction
Contract Documents, progress reports, approved Shop Drawing and Sample submittals, and
other Project -related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site,
Subcontractors present at the Site, weather conditions, data relative to questions of Change
Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors,
deliveries of equipment or materials, 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. Upon request from Owner to Engineer, photograph or video Work in progress or Site
conditions.
d. Record and maintain accurate, up-to-date lists of the names, addresses, fax numbers, e-mail
addresses, websites, and telephone numbers (including mobile numbers) of all Contractors,
Subcontractors, and major Suppliers of materials and equipment.
e. Maintain records for use in preparing Project documentation.
f. Upon completion of the Work, furnish original set of all RPR Project documentation to
Engineer.
12. 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.
Exhibit D - Resident Project Representative
Agreement Between Owner and Engineer for Professional Services
Page 3
b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and
Field Orders. Obtain backup material from Contractor.
c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports.
d. Immediately inform Engineer of the occurrence of any Site accidents, emergencies, acts of
God endangering the Work, possible force majeure or delay events, damage to property by
fire or other causes, or the discovery of any potential differing site condition or Constituent of
Concern.
13. 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.
14. 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 Contract Documents 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.
15. Completion:
a. Participate in Engineer's visits to the Site regarding Substantial Completion, assist in the
determination of Substantial Completion, and prior to the issuance of a Certificate of
Substantial Completion submit a punch list of observed items requiring completion or
correction.
b. Participate in Engineer's visit to the Site in the company of Owner and Contractor, to
determine completion of the Work, and prepare a final punch list of items to be completed or
corrected by Contractor.
c. Observe whether all items on the final punch list have been completed or corrected, and
make recommendations to Engineer concerning acceptance and issuance of the Notice of
Acceptability of the Work (Exhibit E).
D. Resident Project Representative shall not:
Authorize any deviation from the Construction Contract Documents or substitution of materials or
equipment (including "or -equal" items).
2. Exceed limitations of Engineer's authority as set forth in this Agreement.
Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers, or any
Constructor.
4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods,
techniques, sequences or procedures of the Work, by Contractor or any other Constructor.
Exhibit D - Resident Project Representative
Agreement Between Owner and Engineer for Professional Services
Page 4
5. Advise on, issue directions regarding, or assume control over security or 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.
Authorize Owner to occupy the Project in whole or in part.
Exhibit D - Resident Project Representative
Agreement Between Owner and Engineer for Professional Services
Page 5
This is EXHIBIT E, consisting of 2 pages, referred to in and
part of the Agreement between Owner and Engineer for
Professional Services dated January 14, 2019.
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
• �M '
CONTRACTOR:
OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION:
EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT:
ENGINEER:
NOTICE DATE:
To:
Owner
And To:
Contractor
From:
Engineer
The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final payment
of Contractor, and that the Work furnished and performed by Contractor under the above Construction Contract is
acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner
and Engineer for Professional Services dated , and the following terms and conditions of this Notice:
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and
conditions to which all those who receive said Notice and rely thereon agree:
This Notice is given with the skill and care ordinarily used by members of the engineering
profession practicing under similar conditions at the same time and in the same locality.
2. This Notice reflects and is an expression of the Engineer's professional opinion.
This Notice is given as to the best of Engineer's knowledge, information, and belief as of the
Notice Date.
4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been
employed by Owner to perform or furnish during construction of the Project (including
Exhibit E — Notice of Acceptability of Work
Agreement Between Owner and Engineer for Professional Services
Page 1
Title:
Dated:
observation of the Contractor's work) under Engineer's Agreement with Owner, and applies only
to facts that are within Engineer's knowledge or could reasonably have been ascertained by
Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under
such Agreement.
This Notice is not a guarantee or warranty of Contractor's performance under the Construction
Contract, an acceptance of Work that is not in accordance with the related Contract Documents,
including but not limited to defective Work discovered after final inspection, nor an assumption of
responsibility for any failure of Contactor to furnish and perform the Work thereunder in
accordance with the Construction Contact Documents, or to otherwise comply with the
Construction Contact Documents or the terms of any special guarantees specified therein.
6. This Notice does not relieve Contractor of any surviving obligations under the Construction
Contract, and is subject to Owner's reservations of rights with respect to completion and final
payment.
Exhibit E — Notice of Acceptability of Work
Agreement Between Owner and Engineer for Professional Services
Page 2