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Amendment No. 1 to PSA - WWTP Final Clarifier Proj No. 119-069 – Arcadis U.S., Inc.
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Amendment No. 1 to PSA - WWTP Final Clarifier Proj No. 119-069 – Arcadis U.S., Inc.
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12/19/2023 11:04:33 AM
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Board of Public Works
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Contracts
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12/19/2023
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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Page 3 of 6 <br />Between City of South Bend and ARCADIS U.S., Inc. Project Number: 30029091 <br />AMENDMENT No. 1 <br />SB WWTP Final Clarifier 123 Construction_Amendment No. 1.docx <br />5. Schedules. Receive, review, and determine the acceptability of schedules that Contractor is required to submit to <br />Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. <br />6. Visits to Site and Observation of Construction. In connection with observations of Contractor’s Work while it is in <br />progress: <br />• Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to <br />observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits <br />and observations by Engineer are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in <br />progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically <br />assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, <br />selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of <br />professional judgment, as assisted by the Owner’s Resident Project Representative. Based on information obtained <br />during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with <br />the Contract Documents, and Engineer shall keep owner informed of the progress of the Work. Engineer will visit the <br />Site on the same day of each construction progress meeting. The scope of these engineering services is based on up <br />to 12 months of progress meetings. <br />• The purpose of Engineer’s visits to the Site will be to enable Engineer to better carry out the duties and responsibilities <br />assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of <br />Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of <br />confidence that the completed Work will conform in general to the Contract Documents and that Contractor has <br />implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as <br />indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of <br />Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have <br />authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected <br />or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s <br />Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and <br />performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes <br />responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. <br />7. Defective Work. Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is <br />defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that <br />conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as <br />a functioning whole as indicated by the Contract Documents. <br />8. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract <br />Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be <br />consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the <br />Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements <br />of the Contract Documents. Coordinate a tracking log for clarifications and interpretations as part of the electronic data <br />information system developed by Engineer. <br />9. Change Orders and Work Change Directives. Recommend change orders and work change directives to Owner, as <br />appropriate, and prepare change orders and work change directives as required. <br />10. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and <br />Samples and other data which Contractor is required to submit, but only for conformance with the information given in <br />the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as <br />indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, <br />techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. <br />Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. Coordinate a tracking log for <br />submittals as part of the electronic data information system developed by Engineer. <br />11. Substitutes and “or-equal” Requests. Review the Contractor’s requests for product substitutions and “or equal”; <br />Engineer will separately track the time and expense required for such reviews and invoice the Client for such reviews <br />as Additional Services. <br />12. Inspections and Tests. The Owner’s Resident Project Representative will require such special inspections or tests of <br />Contractor’s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and <br />approvals required by Laws and Regulations or the Contract Documents. Any review by Engineer of such certificates <br />will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and
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