HomeMy WebLinkAbout2005-05-11 SJCSJC Agenda
May 11, 2005 – 12:30 p.m.
Approval of April 13, 2005 minutes
Financial Report Steve Thayer
Operations Report Jeff Soule
Action Items from Operations Report
Engineering Report Operations Report Larry Fabbroni
Action Items from Engineering Report
Trucked Waste – Discussion Jeff Soule
Please read the HWWPP.doc document sent with the agenda in advance of this discussion.
Personnel Issues – Discussion (if materials are ready) Larry and Jeff
Staff has suggested that we hire a maintenance worker and two new wastewater treatment plant
operator trainees. At the April meeting we decided to discuss this item, but that we needed a
concept memo and a budget. See the Engineering and Operations Report from April 13, 2005.
Capital Projects – Discussion (if Personnel Issues are not ready) Larry
If we don’t do the personnel discussion, then we may have time to discuss our capital projects
planned for the coming year to see whether the plan is up-to-date. See minutes from April 13,
2005 for approved list of capital projects.
Next Meeting: June 8, 2005, 12:30 p.m.
Engineering Report of
Larry Fabbroni
SJC Meeting, May 11,2005
IAWWTP Conference Room
BOND ACT FUNDING
The third repayment request for the first quarter of 2005 for $330,000+ was submitted for
reimbursement April 18.
Steve Thayer, Scott Andrew, and Larry Fabbroni continued to provide supportive
information and backup to NYSEFC to further the application for long term bond
financing. The sale of long term bonds is anticipated to be in July.
INDUSTRIAL PRETREATMENT
The additional sampling to establish limits for phenol at Lake St. and Elm St. have been
completed and we are awaiting lab results.
TERTIARY PHOSPHORUS REMOVAL UPGRADE
A meeting was held with the General contractor to review potential claims for delays and
ensuing winter concrete work as they relate to the 44 day delay incurred as part of the
pile driving program. The meeting is best characterized as being put on notice of possible
claims pending the progress of work for the balance of the project. No conclusions were
reached or sought at this time and it is hoped work progress and collaboration on startup
could bring the project back closer to original completion and render the bulk of the delay
costs mute.
Changes were made to the concrete finish due to problems with the initial form liner. In
general work had progressed very well with the unexpected sunny April and the
collaboration of the general and electrical contractors to resolve space conflicts .
ENGINEERING AND OPERATIONS COLLABORATIVE EFFORTS
Preliminary discussions were held with Stearns & Wheler to explore the packaging of the
Ultraviolet, truck waste receiving improvements, concrete repairs, deck repairs, and
administration building expansion feasibility, approved 2004-2005 capital projects, into
one engineering proposal. Attached please find the proposal for your review. My
recommendation is to proceed with the planning phase in order to develop the
information necessary to making a design decision In August for 2004-2005 approved
projects or to have better information for supplementary funds to be budgeted for 2006.
Action is requested by June 2005 if not sooner.
The NYSERDA contract received the Mayor’s signature after review by legal and
engineering staff for content and form.
OPERATIONS
See Jeff Soule’s report sent to Committee under separate cover.
PERSONNEL
A wastewater treatment plant trainee has been hired to replace the position vacated by
Jeff Soule to become Chief Wastewater Plant Operator.
Please see the attached economic budget neutral analysis requesting establishment of two
added positions, Maintenance Worker and Wastewater Treatment Plant Trainee now to
anticipate the added demands of managing the incoming trucked waste business, the
added tertiary phosphorus removal process, and the expected retirement of long time
employee Ron Gustafson early in 2006.
ANALYSIS FOR ADDED WASTEWATER PLANT STAFF
2005 Budgeted Actual
Chief Operator $62100 $57000
Vacated Operator Position $45653
New Operator Trainee 5/17on $13320 (15/24 x $21312)
Maintenance Worker 6/1 on $10530 (7/12 x $18052)
New Operator Trainee 6/1on $13172 (7/12 x $22580)
Vacated Lab Technician $25018 $4170
New Lab Technician 6/1 on $15814 (7/12 x $27109)
TOTAL AMOUNT $132,771 $114,006
2006(Based on 2005)
Chief Operator $62100 $57000
Vacated Operator Position $45653
New Operator from Trainee $24339
Maintenance Worker $18052
New Operator Trainee $22580
Ron Gustafson Retirement by 7/1 $36515 $18256 (1/2x $36515)
Vacated Lab Technician $25018
New Lab Technician $27109
TOTAL AMOUNT $169286 $167336
2007 ON ------- 2006 ANALYSIS SHOWS THAT CHANGES WILL BE BUDGET
NUETRAL OR SAVINGS FROM COSTS INDEXED TO 2005 BUDGETED AMOUNTS
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May 9, 2005
Mr. Daniel Cogan
Ithaca Area WWTP – SJC Owners
525 Third Street
Ithaca, NY 14850
Re: Professional Services Agreement
Ithaca Area Wastewater Treatment Plant
Miscellaneous Plant Improvements
Dear Ms. Valentino:
This letter and attached Standard Conditions will serve as an Agreement between the City of
Ithaca, the Town of Ithaca, and the Town of Dryden (OWNERS) and Stearns & Wheler,
LLC (ENGINEER) for professional services on the referenced project.
SCOPE OF SERVICES
A. Study Phase Services. ENGINEER’s Scope of Services for the Study Phase is based
on the following.
1. Study Phase.
a. Evaluate alternatives to provide ultraviolet (UV) disinfection of the treated
effluent. Prepare cost estimates (capital and operation and maintenance) of
selected UV alternatives. Prepare a cost/benefit summary of selected UV
alternatives compared to continued use of chlorination/dechlorination.
b. Evaluate alternatives and develop recommendations for the leaks in
concrete walls in galleries. Evaluate method to repair concrete damage
caused by alkaline-silica reaction. Develop estimated cost for selected
method of repairs.
c. Develop recommendations to repair deck waterproofing on concrete decks
above galleries. Estimate cost of repairs.
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 2
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d. Develop recommendations to repair leaks at skylights, vents, expansion/
construction joints, channels, and distribution boxes. Estimate cost of
repairs.
e. Develop conceptual design and estimate costs to add a third story to
Administration Building.
f. Evaluate alternatives to repair Secondary Digester floating cover to
improve cover travel without binding. Develop cost of recommended
alternative.
g. Evaluate method to repair brick on Secondary Digester. Estimate cost of
repair.
h. Evaluate alternatives and develop recommendations for improvements to
the septage receiving station including:
• Expansion of the facility
• Grit removal for septage unloading
• Odor control.
Estimate cost of proposed improvements.
i. Evaluate alternatives to provide a leachate receiving facility for the
treatment plant. Facility should have provisions for accepting both dilute
leachate (storage and controlled feed into plant) and higher strength
leachate (possible pretreatment or controlled feed into plant). Alternatives
shall include feasibility of using existing PhoStrip tanks.
ENGINEER shall complete the Study Phase within eight (8) weeks of
authorization to proceed, at which time five (5) copies of the draft report will be
submitted for review and comment.
B. Design Phase Services. ENGINEER shall prepare Contract Documents (plans and
specifications) suitable for municipal bidding for the following project components.
1. UV disinfection system consisting of open channel design using the existing
(newly constructed) effluent pump station for periods when the combination of
high flows and high lake levels require the effluent to be pumped.
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 3
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2. Concrete repairs to gallery and tank walls.
3. Repair to leaks at skylights, vents, joints, channels, and distribution boxes.
4. Deck waterproofing.
5. Repairs to Secondary Digester cover.
6. Repairs to brick work at Secondary Digester.
7. Improvements and expansion of septage receiving facility.
Basic Services to be provided by ENGINEER during the design phase of the project
shall include the following.
1. Attend a design kickoff meeting and two design progress meetings with
OWNERS’ representatives. ENGINEER shall prepare and distribute meeting
agendas and meeting minutes in preparation for and in follow-up to each
meeting. Design progress meetings will be conducted at approximately 50
percent and 95 percent completion of design.
2. Prepare drawings and specifications to show the general scope, extent and
character of the work to be furnished and performed by contractors.
3. Prepare contract agreement forms, general and supplementary conditions, bid
forms, invitations to bid, and instructions to bidders for review and approval by
OWNERS.
4. Based on the final design drawings and specifications, prepare a revised opinion
of probable Total Project Costs.
5. Assist OWNERS in obtaining regulatory approvals needed to proceed to the
bidding and construction phase from the New York State Department of
Environmental Conservation (NYSDEC) and the New York State Environmental
Facilities Corporation (NYSEFC) (if required).
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 4
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C. Bidding Phase Services. Basic Services to be provided by ENGINEER during the
Bidding Phase of the project shall include the following.
1. Assist OWNERS in advertising for and obtaining bids for construction. Based on
the bidding of three (3) construction contracts, ENGINEER shall provide thirty-
five (35) sets of reduced-size Contract Drawings and ten (10) sets of full-size
Contract Drawings for use by OWNERS during bidding. In addition,
ENGINEER shall receive and process deposits for Bid Documents, maintain a
record of prospective bidders to whom Bid Documents have been issued, and
attend a pre-bid conference with prospective bidders.
2. Issue addenda as appropriate to interpret, clarify, or expand the Bidding
Documents.
3. Attend a pre-bid meeting to be held at the Ithaca Area Wastewater Treatment
Plant for the purpose of discussing the project with potential bidders.
4. Attend the bid opening, tabulate bids received, and assist OWNERS in evaluating
bids and in assembling and awarding contracts.
D. Construction Phase Services. Basic Services to be provided by ENGINEER during
the Construction Phase of the project shall include the following.
1. General Administration of Construction Contracts. ENGINEER shall consult
with and advise OWNERS and act as OWNERS' representative as provided in
the Standard General Conditions of the Construction Contract, which are
attached to this Agreement. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said Standard
General Conditions shall not be modified except as ENGINEER may otherwise
agree in writing. All of OWNERS' instructions to Contractor(s) will be issued
through ENGINEER who will have authority to act on behalf of OWNERS to the
extent provided in said Standard General Conditions.
2. Site Visits and Observation of Construction. ENGINEER shall make visits to
the site at appropriate intervals as ENGINEER deems necessary in order to
observe as an experienced and qualified design professional the progress and
quality of the various aspects of Contractor(s)' work, and to determine in general
if the work is proceeding in accordance with the Contract Documents.
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 5
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In addition, ENGINEER shall provide the services of a Project Representative to
assist ENGINEER and provide more continuous observation of such work. The
services of the Project Representative are based on a level of effort of 800 labor
hours over a 12-month construction duration.
The Project Representative will be an employee of ENGINEER under
ENGINEER's supervision. The duties and responsibilities of the Project
Representative are set forth in Exhibit A, "Duties, Responsibilities and
Limitation of Authority of Project Representative" which will be made a part of
the Construction Contract Documents. Exhibit A is hereby incorporated into and
made a part of this Agreement.
The purpose of ENGINEER's visits to and representation by the Project
Representative at the site will be to enable ENGINEER to better carry out the
duties and responsibilities assigned to ENGINEER during the Construction
Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced
and qualified design professional, to provide for OWNERS a greater degree of
confidence that the completed work of Contractor(s) will conform generally to
the Contract Documents and that the integrity of the design concept has been
implemented and preserved by Contractor(s). 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 by Contractor(s), for safety
precautions and programs incident to the work of Contractor(s) or for any failure
of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or
orders applicable to Contractor(s) furnishing and performing their work.
Accordingly, ENGINEER can neither guarantee the performance of the
construction contracts by Contractor(s) nor assume responsibility for
Contractor(s)' failure to furnish and perform their work in accordance with the
Contract Documents.
3. Defective Work. ENGINEER may notify OWNERS to reject Contractor(s)'
work while it is in progress if ENGINEER believes that such work will not
produce a completed Project that conforms generally to the Contract Documents
or that it will prejudice the integrity of the design concept of the Project as
reflected in the Contract Documents.
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 6
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4. Clarifications, Interpretations, and Field Orders. ENGINEER shall issue
necessary clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of the work. Such clarifications and
interpretations shall be consistent with the intent of, and reasonably inferable
from, the Contract Documents.
5. Change Orders and Work Change Directives. Consistent with Article 10 of
the Standard General Conditions of the Construction Contract, ENGINEER shall
recommend Change Orders and Work Change Directives to OWNERS as
appropriate and shall prepare Change Orders and Work Change Directives as
required.
6. Shop Drawings and Other Submittals. ENGINEER shall review and approve
(or take other appropriate action regarding) Shop Drawings, samples and other
data and information which Contractor(s) are required to submit, but only for
conformance with the design concept of the project and compliance with the
information given in the Contract Documents. Such reviews and approvals or
other action shall not extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and programs incident
thereto.
7. Substitutes. ENGINEER shall evaluate and determine the acceptability of
substitute and “or equal” materials and equipment proposed by Contractor(s) in
accordance with the provisions of the Contract Documents.
8. Concrete and Soil Testing. ENGINEER shall provide concrete and soil testing
services, including appropriate professional interpretations of test results, to aid
ENGINEER in evaluating whether work performed by Contractor(s) conforms to
the Contract Documents.
9. Claims. Consistent with Article 10 of the Standard General Conditions of the
Construction Contract, ENGINEER shall act as initial interpreter of the
requirements of the Contract Documents and judge of the acceptability of the
work there under and make decisions on all claims of OWNERS and
Contractor(s) relating to the acceptability of the work or the interpretation of the
requirements of the Contract Documents. ENGINEER shall not be liable for the
results of any such interpretations or decisions rendered in good faith.
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 7
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10. Applications for Payment. ENGINEER shall determine the amounts owing to
Contractor(s) and recommend payments. Such recommendations will constitute a
representation to OWNERS that the work has progressed to the point indicated,
and that, to the best of ENGINEER's knowledge, information and belief, the
quality of such work is generally in accordance with the Contract Documents. By
recommending payment, ENGINEER will not represent that exhaustive,
continuous or detailed reviews or examinations have been made by ENGINEER
to check the quality or quantity of Contractor(s) work. ENGINEER's review of
Contractor(s)' work for the purposes of recommending payments will not impose
responsibility on ENGINEER to make any examination to ascertain how or for
what purposes any Contractor has used the moneys paid on account of the
Contract Price, or to determine that title to any of the work, materials or
equipment has passed to OWNERS free and clear of any lien, claims, security
interests or encumbrances.
PAYMENTS TO ENGINEER
For the Basic Services outlined in the above Scope of Services, or Additional Services,
OWNERS shall pay ENGINEER an hourly rate equal to ENGINEER's Salary Cost times a
factor of 2.37 for all services rendered by principals and employees engaged directly on the
Project, plus reimbursable expenses at cost.
The total cost for the Basic Services described above shall not exceed $373,690 without prior
written authorization of OWNERS. Written authorization for each task shall be in the form
of an executed Authorization signed by the Chairperson of the Ithaca Area WWTP-SJC
Owners (see Exhibit B attached).
TASK FEE DURATION
A. Study Phase
1. UV Disinfection $16,530 8 weeks
2. Miscellaneous Improvements/Repairs 8 weeks
a. Concrete Repairs – Walls $5,600
b. Deck Waterproofing $1,260
c. Leaks at Skylights, etc. $3,600
d. Digester Cover Repairs $1,180
e. Digester Brick Repairs $1,040
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 8
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TASK FEE DURATION
3. Third Story Building Addition $4,230 4 weeks
4. Septage Facility $16,800 8 weeks
5. Leachate Facility $23,800 8 weeks
Subtotal Study Phase $74,040
B. Design Phase
1. UV Disinfection $83,840 4 months
2. Miscellaneous Improvements/Repairs 2 months
a. Concrete Repairs – Walls $7,050
b. Deck Waterproofing $2,800
c. Leaks at Skylights, etc. $5,100
d. Digester Cover Repairs $3,660
e. Digester Brick Repairs $3,300
3. Septage Facility $103,000 6 months
Subtotal Design Phase $208,750
C. Bidding Phase
1. UV Disinfection $5,600 6 weeks
2. Miscellaneous Improvements/Repairs $2,200 6 weeks
3. Septage Facility $4,800 6 weeks
Subtotal Bidding Phase $12,600
D. Construction Phase
1. UV Disinfection (1) $17,100 9 months
2. Miscellaneous Improvements/Repairs (1) $6,200 4 months
3. Septage Facility (1) $33,400 6 months
4. Resident Representative (800 hours collectively) $21,600 12 months
Subtotal Construction Phase $78,300
TOTAL ALL PHASES $373,690
(1) Does not include Resident Representative.
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 9
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PERIOD OF SERVICE
The Study Phase will commence upon receipt of written authorization of OWNERS and will
be completed as a draft report within eight (8) weeks.
The Design Phase will commence upon acceptance by OWNERS of ENGINEER’s report
and upon written authorization to proceed by OWNERS and will be submitted for 95 percent
review within four (4) months.
The Bidding Phase will commence upon acceptance by OWNERS of ENGINEER’s
drawings, specifications, and other Final Design Phase documentations, including the most
recent opinion of probable construction cost, and upon written authorization to proceed by
OWNERS. The Bidding Phase will terminate and the services to be performed or furnished
there under will be considered complete upon commencement of the Construction Phase, or
upon cessation of negotiations with prospective Contractor(s).
The Construction Phase will commence with the execution of construction contracts for the
project, or any part thereof and upon written authorization to proceed by OWNERS, and will
terminate upon written recommendation by ENGINEER of final payment to Contractor.
ENGINEER’s level of effort for performing the Basic Services described for the
Construction Phase is scoped for a twelve-month (12) duration for all construction contracts.
FURTHER SERVICES AND PAYMENTS
This Agreement may be amended to provide authorization and payment for further phases or
Additional Services. ENGINEER may proceed with such services based upon receipt of a
mailed or faxed authorization from OWNERS which, until a formal amendment is executed,
shall constitute a Contract Amendment, with payment for such services on the Basis of
ENGINEER's Salary Cost times a factor of 2.37.
STANDARD CONDITIONS
Attached hereto are the Standard Conditions to this Agreement consisting of four (4) pages
which the OWNER has reviewed and acknowledges to be a part of this Agreement.
Mr. Daniel Cogan May 9, 2005
Ithaca Area WWTP-SJC Owners Page 10
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AUTHORIZATION
The return of one (1) signed copy of this Letter Agreement together with a copy of a formal
resolution of approval constitutes acceptance of this Agreement. Written authorization for
ENGINEER to proceed with the individual tasks outlined in the Scope of Services shall be
by return of one (1) signed copy of the authorization of services included as Exhibit B.
Very truly yours, ACCEPTED AND AUTHORIZED
STEARNS & WHELER, LLC CITY OF ITHACA, NEW YORK
By: By:
Gerald C. Hook, P.E. Carolyn K. Peterson
Title: President/CEO Title: Mayor
Date: Date:
Notary: Notary:
TOWN OF ITHACA, NEW YORK TOWN OF DRYDEN, NEW YORK
By: By:
Catherine Valentino Steven Trumbull
Title: Supervisor Title: Supervisor
Date: Date:
Notary: Notary:
Commented [COMMENT1]: Use an Owner's title only when
the Owner is a company or municipality. If the Owner is an
individual, e.g. a property owner, etc., do not include the title line,
but be sure to include the date line.
Commented [COMMENT2]: ADD APPROPRIATE
STANDARD CONDITIONS PAGES. Be sure to
eliminate any headers from letter agreement
so they don't show on Standard Conditions.
Also be sure page numbering sequence is
correct.
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STANDARD CONDITIONS
TO ACCOMPANY
LETTER FORM OF AGREEMENT BETWEEN
OWNERS AND ENGINEER
FOR
PROFESSIONAL SERVICES
OWNERS: CITY OF ITHACA, TOWN OF ITHACA, TOWN OF DRYDEN-SJC OWNERS
ENGINEER: STEARNS & WHELER, LLC, ONE REMINGTON PARK DRIVE, CAZENOVIA, NY 13035
ASSIGNMENT: ITHACA AREA WWTP FINAL MISCELLANEOUS PLANT IMPROVEMENTS
OWNERS and ENGINEER agree on professional engineering services by ENGINEER and the payment for those services by
OWNERS as set forth below.
BASIC SERVICES OF ENGINEER
General
ENGINEER shall provide professional services in all phases
of the Project to which this Agreement applies pursuant to
the Scope of Services in the Letter Agreement to which
these Standard Conditions are attached.
Design Phase
ENGINEER shall:
On the basis of the accepted documents and the opinion of
probable costs, prepare final drawings and specifications to
show the general scope, extent and character of the work to
be furnished and performed by Contractor(s).
Furnish to OWNERS a revised opinion of probable Total
Project Costs.
Prepare for review and approval by OWNERS, its legal
counsel and other advisors contract agreement forms,
general conditions and supplementary conditions, and bid
forms, invitations to bid and instructions to bidders.
Furnish five (5) copies of the above documents and of the
Drawings and Specifications.
OWNER'S RESPONSIBILITIES
OWNERS shall designate and advise ENGINEER of a
person to act as OWNERS' Representative who has
complete authority with respect to the ENGINEER's
services for the Project. OWNERS shall do the following in
a timely manner so as not to delay the services of
ENGINEER:
Provide all criteria and full information as to OWNERS'
requirements for the Project and furnish copies of all design
and construction standards which OWNERS will require to
be included in the Drawings and Specifications.
Assist ENGINEER by placing at ENGINEER's disposal all
available information pertinent to the Project including
previous reports.
Furnish to ENGINEER, as required for performance of
ENGINEER's services, the following:
- data prepared by or services of others, including
borings, probings and subsurface explorations;
- environmental assessment and impact statements;
- property, boundary, easement, right-of-way and
topographic surveys;
- property descriptions;
- zoning, deed and other land use restriction;
all of which ENGINEER may use and rely upon in perform-
ing services under this Agreement.
Arrange for access to and make all provisions for
ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this
Agreement.
Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents presented by
ENGINEER, obtain advice of an attorney, insurance
counselor and other consultants as OWNERS deems
appropriate.
Commented [COMMENT3]: These Standard
Conditions should not be modified without
Partner approval.
Use "typeover" to input OWNER's address and
assignment. This will push the blank line to
the next line. Therefore, the line will have
to be adjusted so that the line's right
margin is at approximately 7.75".
This is formatted to be run on an HP laser
printer.
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Furnish approvals and permits from all governmental
authorities having jurisdiction over the Project.
Provide accounting, independent cost estimating and insur-
ance counseling services required for the Project, such legal
services as OWNERS may require or ENGINEER may
reasonably request with regard to legal issues.
Give prompt written notice to ENGINEER whenever
OWNERS observes or otherwise becomes aware of any
development that affects the scope or timing of
ENGINEER's services, or any defect or nonconformance in
the work of any Contractor.
PERIODS OF SERVICE
Compensation for ENGINEER's services has been agreed to
in anticipation of the orderly and continuous progress of the
Project. If specific periods of time for rendering services are
set forth or specific dates by which services are to be com-
pleted are provided and if such dates are exceeded through
no fault of ENGINEER, all rates, measures and amounts of
compensation shall be subject to equitable adjustment.
If OWNERS have requested significant modifications in the
general scope, extent or character of the Project, the time of
performance of ENGINEER's services shall be adjusted
equitably.
PAYMENTS TO ENGINEER
Methods of Payment for Services and Expenses of
ENGINEER
OWNERS shall pay ENGINEER for services rendered as
provided in the Letter Agreement.
Times of Payments
ENGINEER shall submit monthly statements for services
and Reimbursable Expenses. The statements will be based
upon the hours and rates of personnel who have provided
services. OWNERS shall make prompt payments in
response to ENGINEER's monthly statements.
Other Provisions Concerning Payments
In the event of termination by OWNERS, ENGINEER will
be paid for services rendered on the basis of ENGINEER's
Salary Costs times a factor of 2.37 for services rendered to
date of termination. ENGINEER also will be reimbursed
for the charges of independent professional associates and
consultants employed by ENGINEER and paid for all
unpaid Additional Services and unpaid Reimbursable
Expenses, plus all termination expenses.
Definitions
The Salary Costs used as a basis for payment mean salaries
and wages (basic and incentive) paid to all ENGINEER's
personnel engaged directly on the Project, plus the cost of
customary and statutory benefits including, but not limited
to, social security contributions, unemployment, excise and
payroll taxes, workers' compensation, health and retirement
benefits, sick leave, vacation and holiday pay and other
group benefits.
The amount of customary and statutory benefits of all other
personnel of ENGINEER will be considered equal to 38.5%
of salaries and wages, subject to equitable adjustment to
reflect changes in ENGINEER's overall compensation
procedures and practices.
Reimbursable Expenses mean the actual expenses incurred
by ENGINEER, directly or indirectly in connection with the
Project, such as expenses for transportation and subsistence;
toll telephone calls; reproduction of reports, Drawings,
Specifications, Bidding Documents, and similar Project-
related items; and, if authorized in advance by OWNERS,
overtime work requiring higher than regular rates.
OPINIONS OF COST
Since ENGINEER has no control over the cost of labor,
materials, equipment or services furnished by others, or over
the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions, ENGINEER's
opinions of probable Total Project Costs and Construction
Cost provided for herein are to be made on the basis of
ENGINEER's best judgment as an experienced and qualified
professional engineer. ENGINEER cannot and does not
guarantee that proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of probable
cost prepared by ENGINEER. If OWNERS wish greater
assurance as to Total Project or Construction Costs,
OWNERS shall employ an independent cost estimator.
GENERAL CONSIDERATIONS
Termination
The obligation to provide further services under this
Agreement may be terminated by either party upon thirty
days' written notice in the event of substantial failure by the
other party to perform in accordance with the terms hereof
through no fault of the terminating party.
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Reuse of Documents
All documents including Drawings and Specifications
prepared or furnished by ENGINEER are instruments of
service in respect of the Project and ENGINEER shall retain
an ownership and property interest therein whether or not
the Project is completed. Any reuse without written
verification or adaptation by ENGINEER for the specific
purpose intended will be at OWNERS' sole risk and without
liability or legal exposure to ENGINEER, and OWNERS
shall indemnify and hold harmless ENGINEER from all
claims, damages, losses and expenses including attorneys'
fees arising out of or resulting therefrom.
Standard of Care
In accepting this Agreement for professional services by
ENGINEER, OWNERS acknowledge that ENGINEER's
services often require decisions which are based upon
judgmental considerations. In performing ENGINEER's
professional services, ENGINEER will use that degree of
care and skill ordinarily exercised under similar
circumstances by members of the profession. The standard
of care shall exclusively be judged as of the time the
services are rendered and not according to later standards.
Insurance
ENGINEER shall procure and maintain insurance for
protection from claims under workers' compensation acts,
claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all
employees or of any person other than such employees, and
from claims or damages because of injury to or destruction
of property including loss of use resulting therefrom.
Controlling Law
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
Successors and Assigns
OWNERS and ENGINEER each is hereby bound and the
partners, successors, executors, administrators and legal
representatives of OWNERS and ENGINEER are hereby
bound to the other party to this Agreement and to the
partners, successors, executors, administrators and legal
representatives of such other party.
Neither OWNERS nor ENGINEER shall assign, sublet or
transfer any rights under or interest in this Agreement
without the written consent of the other. Nothing contained
in this paragraph shall prevent ENGINEER from employing
such independent professional associates and consultants as
ENGINEER may deem appropriate to assist in the
performance of services hereunder.
Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone other
than OWNERS and ENGINEER, and all duties and
responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of OWNERS and
ENGINEER and not for the benefit of any other party.
Arbitration
All claims, counterclaims, disputes and other matters in
question between the parties hereto arising out of or relating
to this Agreement or the breach thereof will be decided by
arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association.
Notice of demand for arbitration must be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event may the demand for
arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or
other matter in question would be barred by the applicable
statute of limitations.
No arbitration arising out of, or relating to, this Agreement
may include, by consolidation, joinder or in any other
manner, any person or entity who is not a party to this
Agreement.
The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having
jurisdiction thereof, and will not be subject to modification
or appeal except to the extent permitted by the Federal
Arbitration Act.
Waste Materials
Waste materials (including soil and water samples, drilling
cuttings, oil samples, water, and other materials) produced
during the performance of these services are the property of
OWNERS. ENGINEER shall retain soil and water samples
for no longer than forty-five (45) days after sampling, unless
other arrangements are agreed upon in writing. It is
OWNERS' responsibility to select and arrange for lawful
transportation, treatment, and disposal of the samples with
appropriate licensed parties.
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Disclosure
OWNERS may be required by federal, state or local
regulation or statute to report the results of services
performed by ENGINEER under this Agreement or
information uncovered by ENGINEER under this
Agreement. It is agreed that OWNERS shall be responsible
for all such reporting. ENGINEER shall, however,
immediately disclose to OWNERS any document or
information which ENGINEER has reason to believe to be
subject to a reporting obligation.
Confidentiality
ENGINEER agrees to keep confidential and not disclose to
any person or entity, other than ENGINEER's employees
and subcontractors, without the prior written consent of
OWNERS, which consent shall not be unreasonably
withheld, delayed, or conditioned, all data and information
not previously known to and generated by ENGINEER, or
furnished to ENGINEER and marked "CONFIDENTIAL"
by OWNERS in the course of ENGINEER's performance of
the services contemplated hereunder; provided, however,
that this provision shall not apply to data or information
which is in the public domain or which was previously
known to ENGINEER, or which was acquired by
ENGINEER independently from third parties not under any
obligation to OWNERS to keep such data and information
confidential. These provisions shall not be interpreted to
restrict ENGINEER from complying with any applicable
law, rule, regulation, ordinance, code, standard, or court
order.
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EXHIBIT A
DUTIES, RESPONSIBILITIES
AND LIMITATIONS
OF AUTHORITY OF RESIDENT PROJECT
REPRESENTATIVE
PROJECT REPRESENTATIVE
A. ENGINEER shall furnish a part-time Project
Representative (“PR”) to assist ENGINEER
in observing progress and quality of the
work.
B. Through such additional observations of
Contractor(s)’ work in progress and field
checks of materials and equipment by the
PR and assistants, ENGINEER shall
endeavor to provide further protection for
OWNERS against defects and deficiencies
in the work. However, ENGINEER shall
not, during such visits or as a result of such
observations of Contractor(s)’ work in
progress, supervise, direct, or have control
over the Contractor(s)’ work nor shall
ENGINEER have authority over or
responsibility for the means, methods,
techniques, sequences, or procedures
selected by Contractor(s), for safety
precautions and programs incident to the
Contractor(s)’ work in progress, for any
failure of Contractor(s) to comply with laws
and regulations applicable to Contractor(s)’
performing and furnishing the work, or
responsibility of construction for
Contractor(s)’ failure to furnish and perform
the work in accordance with the Contract
Documents.
C. The duties and responsibilities of the PR are
limited to those of ENGINEER in the
Agreement with OWNERS and in the
Contract Documents, and are further limited
and described as follows.
1. General. PR is ENGINEER’s
agent at the site, will
act as directed by and
under the supervision of
ENGINEER, and will confer
with ENGINEER regarding
PR’s actions. PR’s
dealings in matters
pertaining to the
Contractor(s)’ work in
progress shall in general
be with ENGINEER and
Contractor(s), keeping
OWNERS advised on a
periodic basis. PR’s
dealings with
subcontractor(s) shall
only be through or with
the full knowledge and
approval of
Contractor(s). PR shall
generally communicate
with OWNERS with the
knowledge of and under
the direction of
ENGINEER.
2. Schedules. Review the
progress schedule,
schedule of Shop Drawing
and sample submittals,
and schedule of values
prepared by Contractor(s)
and consult with ENGINEER
concerning acceptability.
3. Conferences and Meetings.
Attend meetings with
Contractor(s), such as
preconstruction
conferences, progress
meetings, job conferences
and other project-related
meetings, and prepare and
circulate copies of
minutes thereof.
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4. Liaison.
a. Serve
as ENGINEER’s liaison with
Contractor(s), working
principally through
Contractor(s)’ superintendent
and assist in understanding the
intent of the Contract
Documents.
b. Assist
ENGINEER in serving as
OWNERS’ liaison with
Contractor(s) when
Contractor(s)’ operations affect
OWNERS’ on-site operations.
c. Assist
in obtaining from OWNERS
additional details or information,
when required for proper
execution of the work.
5. Interpretation of
Contract Documents.
Report to ENGINEER when
clarifications and
interpretations of the
Contract Documents are
needed and transmit to
Contractor(s)
clarifications and
interpretations as issued
by ENGINEER.
6. Shop Drawings and
Samples.
a. Record date of receipt
of samples and approved
Shop Drawings.
b. Receive samples that are
furnished at the site by
Contractor(s), and notify
ENGINEER of availability of
samples for examination.
c. Advise ENGINEER and
Contractor(s) of the
commencement of any
portion of the work
requiring a Shop
Drawing or submittal
for which PR believes
that ENGINEER has not
approved the
submittal.
7. Modifications. Consider
and evaluate
Contractor(s)’
suggestions for
modifications in Drawings
or Specifications and
report with PR’s
recommendations to
ENGINEER. Transmit to
Contractor(s) in writing
decisions as issued by
ENGINEER.
8. Review of Work and
Rejection of Defective
Work.
a. Conduct on-site
observations of
Contractor(s)’ work in
progress to assist ENGINEER
in determining if the work is
in general proceeding in
accordance with the Contract
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Documents.
b. Report to ENGINEER
whenever PR believes
that any part of
Contractor(s)’ work in
progress will not
produce a completed
Project that conforms
generally to the
Contract Documents or
will prejudice the
integrity of the
design concept of the
completed project as a
functioning whole as
indicated in the
Contract Documents, or
has been damaged, or
does not meet the
requirements of any
inspection, test or
approval required to
be made; and advise
ENGINEER of that part
of work in progress
that PR believes
should be corrected or
rejected or should be
uncovered for
observation, or
requires special
testing, inspection or
approval.
9. Inspections, Tests and
System Startups.
a. Consult with ENGINEER in
advance of scheduled major
inspections, tests, and
systems startups of important
phases of the work.
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b. Verify that tests,
equipment, and systems
startups and operating
and maintenance
training are conducted
in the presence of
appropriate OWNERS’
personnel, and that
Contractor(s)
maintains adequate
records thereof.
c. Observe, record, and
report to ENGINEER
appropriate details
relative to the test
procedures and systems
startups.
10. Reports.
a. Furnish to ENGINEER
periodic reports as
required of progress
of the work.
b. Furnish to ENGINEER and
OWNERS copies of all
inspection, test, and system
startup reports.
d. Report immediately to
ENGINEER the
occurrence of any site
accidents, any
hazardous
environmental
conditions,
emergencies, or acts
of God endangering the
work, and property
damaged by fire or
other causes while
present on-site.
12. Payment Requests. Review
Applications for Payment
with Contractor(s) for
compliance with the
established procedure for
their submission and
forward with
recommendations to
ENGINEER, noting
particularly the
relationship of the
payment requested to the
schedule of values, work
completed, and materials
and equipment delivered
at the site but not
incorporated in the work.
13. Certificates, Operation
and Maintenance Manuals.
During the course of the
work, verify that
materials and equipment
certificates, operation
and maintenance manuals
and other data required
by the Specifications to
be assembled and
furnished by
Contractor(s) 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
OWNERS prior to payment
for that part of the
work.
14. Completion.
a. Before ENGINEER issues a
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Certificate of Substantial
Completion, submit to
Contractor(s) a list of
observed items requiring
completion or correction.
b. Participate in a final
inspection in the
company of ENGINEER,
OWNERS, and
Contractor(s) and
prepare a final list
of items to be
completed or
corrected.
c. Observe whether all
items on final list
have been completed or
corrected and make
recommendations to
ENGINEER concerning
acceptance and
issuance of the Notice
of Acceptability of
the Work.
D. Resident Project
Representative Shall Not.
1. Authorize any deviation from the Contract
Documents or substitution of materials or
equipment (including “or-equal” items).
2. Exceed limitations of
ENGINEER’s authority as
set forth in the
Agreement or the Contract
Documents.
3. Undertake any of the
responsibilities of
Contractor(s),
subcontractor(s),
supplier(s), or
Contractor(s)’
superintendent.
4. Advise on, issue directions relative to,
or assume control over any aspect of the
means, methods, techniques, sequences or
procedures of Contractor(s)’ work unless
such
advice or directions are specifically
required by the Contract Documents.
5. Advise on, issue
directions regarding, or
assume control over
safety precautions and
programs in connection
with the activities or
operations of OWNERS or
Contractor(s).
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(s).
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EXHIBIT B
AUTHORIZATION FOR SERVICES
UNDER
AGREEMENT FOR GENERAL ENGINEERING SERVICES
DATED ___________________________
BETWEEN
CITY OF ITHACA, TOWN OF ITHACA, AND TOWN OF DRYDEN, NEW YORK (OWNERS)
AND
STEARNS & WHELER, LLC (ENGINEER)
AUTHORIZATION NO.: JOB NO.
DATE:
DESCRIPTION:
SCOPE OF SERVICES:
1.
2.
3.
COMPLETION TIME:
___________________ (days,
weeks, or months)
BUDGET AUTHORIZATION:
$_______________________
ACCEPTED:
AUTHORIZED:
STEARNS & WHELER, LLC
By:
By:
Sample – Do Not Sign
Sample – Do Not Sign
Title:
Title:
Date:
Date:
___/___
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STATE OF NEW YORK )
) SS:
COUNTY OF __________________ )
On this day of
, 200__, before me, the
subscriber, personally appeared
_____________________, to me
known and known to me to be the
________________ of
__________________, the OWNER
described herein, and who, being
duly authorized, executed the
same on behalf of the OWNER
following formal resolution of
the dated
, a copy of which
is attached hereto.
N
o
t
a
r
y
P
u
b
l
i
c
STATE OF NEW YORK )
) SS:
COUNTY OF MADISON )
On this day
of ,
200__, before me, the subscriber, personally appeared
_______________, P.E., to me known and known to me to
be a Vice President of the firm of Stearns & Wheler, LLC,
the ENGINEER described herein, and who executed the
same for the act and deed of said firm.
N
o
t
a
r
y
P
u
b
l
i
c