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Resolution- Agreement for Thompson Rd, Wallisville Rd, & North Main St.Transmission Line Project• A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING AN AGREEMENT FOR THE THOMPSON ROAD, WALLISVILLE ROAD, AND NORTH MAIN STREET TRANSMISSION LINE PROJECT WITH TERRACON CONSULTANTS, INC., IN AN AMOUNT NOT TO EXCEED SEVENTY-EIGHT THOUSAND FOUR HUNDRED FORTY AND NO/100 DOLLARS ($78,440.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That the Board of Directors of the Baytown Area Water Authority hereby authorizes the General Manager to execute and the Interim Assistant Secretary to attest to an Agreement for the Thompson Road, Wallisville Road, and North Main Street Transmission Line Project with Terracon Consultants, Inc. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the Board of Directors of the Baytown Area Water Authority authorizes payment to Terracon Consultants, Inc., in an amount not to exceed SEVENTY-EIGHT THOUSAND FOUR HUNDRED FORTY AND NO/100 DOLLARS ($78,440.00), pursuant to the agreement identified in Section 1 hereof. Section 3: That the General Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) or less; however, the aggregate of the change orders may not increase the original contract price by more than ten percent (10%). Section 4: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Area Water Authority. INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the Baytown Area Water Authority this the 21' day of September, 2005. ATT: e- LVIN KNAUi , nterim Assist..' t Secretary APPROVED AS TO FORM: f6NACIO RAMIREZ, SR., G n)ral Counsel R:\Karen\Files\BA WA\Resolution\2005\WATerraconProject.doc ,,0Z-i..-rf,r_zezt.- ROBERT L. GILLETTE, President • AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS COUNTY OF HARRIS This Agreement (this "Agreement") entered into by and between Terracon Consultants, Inc. (hereinafter "the Professional") and the Baytown Area Water Authority, a conservation and reclamation district established pursuant to Article XVI, Section 59 of the Texas Constitution, ("BAWA"). 1. Scope of Services/Professional Fees This Agreement authorizes Professional to perform material testing services associated with the Thompson Road, Wallisville Road, and North Main Street Transmission Line Project (the "Work") for and on behalf of BAWA. The compensation for Professional shall be on the basis described in Exhibit "A." The time schedules for the Work are attached as Exhibit "B." The scope of the work is as detailed in Exhibit "C." Each of these Exhibits "A" through "C" is incorporated into this Agreement by reference for all purposes. 2. Progress Reports Professional shall provide written progress reports to BAWA regarding the Work and oral reports as requested. Such progress report shall identify the projected time and cost required by the Professional to complete the remaining phases of the Work required under this Agreement. 3. Personnel of the Professional a. Professional's Project Manager Professional shall designate Noosha P. Smith, P.E., to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty days' advance written approval from BAWA's Representative. b. Licensed and Registered Engineers Professional shall keep a full-time registered engineer licensed in the state of Texas on staff and assigned to the Work for the duration of its performance of the Work. c. Data on Professional's Employees Prior to commencement of the Work, Professional shall forward to BAWA a detailed resume of the personnel that will be assigned to the Work. Such personnel shall include, but not be limited to, engineers. d. Rejection of Professional's Employees BAWA reserves the right to approve or reject from the Work any employees of the Professional. 4. Designation and Duties of BAWA's Representative a. BAWA's staff engineer or his designee shall act as BAWA's Representative. • b. This BAWA Representative shall use his best efforts to provide nonconfidential BAWA records for Professional's usage on the Work and to provide access to BAWA's property and easements. However, BAWA does not guarantee the accuracy or correctness of the documents so provided. 5. Standards of Performance a. The Professional shall perform all services under this Agreement with the care and skill ordinarily used by members of Professional's profession practicing under the same or similar circumstances, time and locality. Professional shall be responsible for the technical accuracy of its services and documents resulting therefrom, and BAWA shall not be responsible for discovering deficiencies therein. Professional shall correct such deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto. (2) All materials furnished on any BAWA project shall be in accordance with ASTM, ACI, TxDOT, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five years of proven experience in the field, and such satisfactory documentation has been approved by BAWA's Representative. (3) The Work shall be furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession. (4) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or the Professional if superior methods are available for successful operation of equipment and/or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above listed codes and regulations. The Professional shall state the alternative codes and regulations used. (5) Professional agrees the services it provides as an experienced and qualified engineer, will reflect the professional standards, procedures and performances common in the industry for this project. Professional further agrees that any analysis, tests, reports, the selection and supervision of personnel and the performance of other services under this contract, will be pursuant to the standard of performance common in the profession. 2 (6) Professional shall promptly correct any defective analysis caused by Professional at no cost to BAWA. BAWA's approval, acceptance, use of or payment for all or any part of Professional's services hereunder or of the Work itself shall in no way alter Professional's obligations or BAWA's rights under this Agreement. 6. Schedule Professional shall not proceed with the Work or any stage thereof until written notice to proceed is provided by BAWA's Representative. 7. Instruments of Service Upon execution of this Agreement, Professional grants to BAWA an ownership interest in the Instruments of Service. Professional shall obtain similar interests from Professional's consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be required to tender to BAWA all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that BAWA may use the Instruments of Service for any purposes which BAWA sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to BAWA's use of the Instruments of Service, BAWA hereby expressly agrees to remove Professional's name and all references to Professional and its consultants from the Documents. Provided that this Agreement is not terminated for cause by BAWA, BAWA shall release any and all claims which BAWA could make arising out of or in connection with any reuse of the documents by BAWA. 8. Insurance Professional shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the Work hereunder by Professional, its agents, representatives, volunteers, employees or subconsultants. a. Professional's insurance coverage shall be primary insurance with respect to BAWA, its officials, employees and agents. Any insurance or self-insurance maintained by BAWA, its officials, employees or agents shall be considered in excess of Professional's insurance and shall not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: 1. Commercial General Liability ■ General Aggregate: $1,000,000 ■ Products & Completed Operations Aggregate: $1,000,000 ■ Personal & Advertising Injury: $1,000,000 ■ Per Occurrence: $500,000 ■ Fire Damage $50,000 ■ Coverage shall be at least as broad as ISO CG 00 01 10 93 3 No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. 2. Business Automobile Policy • Combined Single Limits: $500,000 ■ Coverage for "Any Auto" 3. Errors and Omissions ■ Limit: $500,000 for this project. ■ For all architects, engineers, and/or design companies • Claims -made form is acceptable ■ Coverage will be in force for one (1) year after construction of the Project is completed. 4. Workers' Compensation ■ Statutory Limits • Employer's Liability $500,000 • Waiver of Subrogation required. The following shall be applicable to all policies of insurance required herein. 1. Insurance carrier for all liability policies must have an A.M. Best Rating of B+:VIII or better. 2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Liability policies must be on occurrence form. Errors and Omissions can be on claims -made form. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to BAWA. 5. BAWA, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Errors and Omissions Policy required herein. 6. Upon request and without cost to BAWA, certified copies of all insurance polices and/or certificates of insurance shall be furnished to BAWA. 7. Upon request and without cost to BAWA, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to BAWA. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to BAWA, and shall be carried in the name of Professional. Professional shall provide copies of insurance policies required hereunder to BAWA on or before the effective date of this Agreement. 9. Indemnification and Release PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND BAWA, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS "BAWA") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT, ARISING OUT OF, OR IN CONNECTION WITH THE WORK DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PROFESSIONAL AND BAWA, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND PROTECT BAWA FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF BAWA. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST BAWA FROM WHICH BAWA IS INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO BAWA. THE INDEMNITY PROVIDED FOR IN THIS ARTICLE 9 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. By this Agreement, BAWA does not consent to litigation or suit, and BAWA hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive BAWA's sovereign immunity. Professional assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges BAWA, its officers, agents, and employees from all claims, demands, and causes of action of every kind 5 • and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Professional's work to be performed hereunder. This release shall apply with respect to Professional's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Professional shall receive written approval of BAWA's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to BAWA before execution of such contracts. 11. Termination of Professional BAWA, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon ten (10) days' written notice from General Manager to Professional of BAWA's election to do so. Furthermore, BAWA may immediately and without notice terminate this Agreement if Professional breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) failing to pay insurance premiums, liens, claims or other charges; (b) failing to pay any payments due BAWA, state, or federal government from Professional or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; (c) the institution of voluntary or involuntary bankruptcy proceeding against Professional; (d) the dissolution of Professional; (e) refusing or failing to prosecute the Work or any separable part, with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete work wthin the time period specified in this Agreement; and/or (g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Professional shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Professional shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to BAWA, Professional shall also tender all of Professional's work product, whether complete or not, in an acceptable form and format to BAWA's Representitive. No final payment will be made until all work product is so tendered. If this Agreement is terminated for cause, Professional shall be liable for any damage to BAWA resulting therefrom. This liability includes any increased costs incurred by BAWA in completing Professional's work. The rights and remedies of BAWA in this section are in addition to any other rights and remedies provided by law or under this Agreement. 6 • 12. Records Within ten days of BAWA's request and at no cost to BAWA, BAWA will be entitled to review and receive a copy of all documents that indicate work on the project that is the subject of this Agreement. 13. Supervision of Professional Professional is an independent contractor and BAWA neither reserves nor possesses any right to control the details of the Work performed by Professional under the terms of this Agreement. 14. Billing BAWA shall have thirty (30) days to pay Professional's bills from the date of receipt of such bills. All bills must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that BAWA may withhold the portion so contested, but the undisputed portion will be paid. 15. Reputation in the Community Professional shall retain a high reputation in the community for providing professional engineering and testing services. Professional shall forward a copy of any current petition or complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in providing engineering services and/or (b) seeks to deny the Professional the right to practice engineering services or to perform any other services in the state of Texas. 16. Payroll and Basic Records a. Professional shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three years from the completion of the work called for under this Agreement for all personnel working on such work. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. b. Professional shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to BAWA for inspection, copying or transcription or its authorized representatives within fifteen days of BAWA's request therefor. Professional shall permit such representatives to interview Professional's employees during working hours on the job. 17. Governing Law This Agreement has been made under and shall be governed by the laws of the state of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 18. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as 7 described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For BAWA: For the Professional: BAYTOWN AREA WATER AUTHORITY Attn: General Manager P. O. Box 424 Baytown, Texas 77522-0424 FAX: 281-420-6586 TERRACON CONSULTANTS, INC. 3602 Third Avenue, North Texas City, TX 77590 FAX: 409-945-3503 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days' written notice is given of such new address to the other party. 19. No Third Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Professional and BAWA only. 20. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, BAWA and Professional hereby agree that no claim or dispute between BAWA and Professional arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that BAWA is subjected to an arbitration proceeding notwithstanding this provision, Professional consents to be joined in the arbitration proceeding if Professional's presence is required or requested by BAWA of complete relief to be recorded in the arbitration proceeding. 21. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 22. Complete Agreement This Agreement represents the entire and integrated agreement between BAWA and Professional in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either whether written or oral, on the subject matter hereof. This Agreement may 8 only be amended by written instrument approved and executed by both of the parties. BAWA and Professional accept and agree to these terms. 23. No Assignment Professional may not sell or assign all or part interest in the transport of the materials to another party or parties without the prior express written approval of the General Manager of such sale or assignment. BAWA may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of BAWA. 24. Headings The headings used in this Agreement are for general reference only and do not have special significance. 25. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 26. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 27. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of , 2005, the date of execution by General Manager of BAWA. TERRACON CONSULTANTS, INC. (Sig44071: nature) (Printed Name) pf€ s/dam,L (Title) 9 ATTEST: GARY W. SMITH, Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., General Counsel STATE OF TEXAS COUNTY OF HARRIS § BAYTOWN AREA WATER AUTHORITY GARY JACKSON, General Manager Before, i!e on thj1 day pe sonally appeared ! . I-kco IA Cb b , in his capacity as V ice._ 1" (eS (cierrt of Terracon Consultants, Inc., on behalf of such company, / known to me; proved to me on the oath of ; or proved to me through his current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 4.; n!r;ft TAMARA K. BOWLEY j;'IA Notary Public, State of Texas My Commission Expires September 08, 2008 N before me this .�(P day of ©��-ei� , 2005. -6/Nota Public in and for the State of Texas R:\KarenWiles\Engineering\Engineering Agreemems\Terracon\BAWA Water Transmission Main\Short Form PROFESSIONAL-CONTRACT.doc 10 • Basic Services EXHIBIT A COMPENSATION Services required under this Agreement shall not exceed SEVENTY-EIGHT THOUSAND FOUR HUNDRED FORTY AND NO/100 DOLLARS ($78,440.00) based upon the unit rates specified hereinbelow: Service Quantity Unit Unit Rate Extended Price Engineering Technician Engineering Technician 1480 hour $ 38.00 $ 56,240.00 Vehicle Charge 185 trip $ 35.00 $ 6,475.00 Nuclear Gauge 185 trip $ 35.00 $ 6,475.00 Sub -total $ 69,190.00 Field and Laboratory Testing Moisture Density Relationship 10 each $ 150.00 $ 1,500.00 Atterberg Limits 10 each $ 45.00 $ 450.00 Compressive strength for cement stabilized sand 26 set $ 45.00 $ 1,170.00 Asphalt (lab testing and coring) 2 LS $ 600.00 $ 1,200.00 Beam Testing 40 each $ 30.00 $ 1,200.00 Cylinder Tests 40 cylinder $ 12.00 $ 480.00 Sub -total $ 6,000.00 Project Management Project Management & Administration 26 hour $ 125.00 $ 3,250.00 Total amount not to exceed $ 78,440.00 A 4-hour minimum charge will apply for field services other than cylinder and sample pickups. Overtime is defined as all hours in excess of eight per day, outside of the normal hours of 7:00 AM to 6:00 PM., Monday through Friday, and all hours worked on weekends and holidays. Overtime rates will be 1.5 times the hourly rate quoted. Additional Services Professional will perform additional services at a price agreed upon by the parties in writing prior to the performance of such services. BAWA shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. R:\Karen\Files\Engineering\Engineering Agreements\Terracon\BAWA Water Transmission Main\ExhibitA.doc • • • EXHIBIT B SCHEDULE OF WORK Field testing services will be provided on a "call -out" basis when scheduled by BAWA's representative. A minimum of 24-hours' notice is required to schedule Professional's services, although Professional will attempt to meet requests in a shorter time frame. Professional shall perform services throughout and until completion and acceptance by the Board of Directors of the work associated with the BAWA Water Transmission Main Project. • EXHIBIT C SCOPE OF WORK A. PROJECT INFORMATION The Project generally consists of the construction of the following: • 28,600 LF of 30" water transmission line along both Thompson Road and Wallisville Road; • 5,900 LF of 16" water distribution line on North Main Street; and • 3,200 LF of 12" water distribution line on Garth Road. B. SCOPE OF SERVICES Basic Services: Professional shall provide the following scope of services: 1. Earthwork Testing: a) Sample backfill and stabilized materials. Prepare and test the samples for the Atterberg Limits Test and moisture density relationship and -200 sieve analysis. b) Perform field density tests using the nuclear method, to determine the moisture content and percent compaction of the soil materials. c) Perform gradation tests on lime -stabilized subgrade material, if any. 2. Concrete Testing: a) Sample the fresh concrete, perform slump, air content, concrete temperature, and cast test specimens during placements. b) Perform flexural strength of concrete beams cast in the field for pavement. c) Perform compressive tests of concrete test cylinders cast in the field for pavement and miscellaneous concrete. 3. Hot Mix Asphalt Pavement: a) Assist the Contractor in establishing a rolling pattern by providing field densities with a nuclear gauge. b) Sample asphalt for laboratory testing and document placement temperature. c) Perform laboratory classification tests including specific gravity, lab molded specimen density, HVeem stability, extraction and gradation. d) Obtain cores of the pavement and test for bulk specific gravity to determine in -place compaction, if required. 4. Project Management: a) Attend construction meetings. b) Review concrete and asphalt mix designs, if requested. b) Coordinate field and laboratory testing. c) Review laboratory and field test reports. d) Control budget and invoice. Additional Services: BAWA shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. Professional will perform additional services at a price agreed upon by the parties in writing prior to the performance of such services.