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Ordinance No. 3,409
20624 -2 ORDINANCE NO. 3409 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH LANGFORD ENGINEERING, INC. FOR ENGINEERING SERVICES, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown hereby approves a contract with Langford Engineering, Inc. for engineering services to be rendered with regard to the 1981 Capital Improvement Program within the City of Baytown. A copy of said contract is attached hereto, marked Exhibit "A ", and made a part hereof for all intents and purposes. Section 2: That the Mayor and City Clerk of the City of Baytown are authorized and directed to execute and attest to the contract with Langford Engineering, Inc. for said engineering services. Section 3: That this ordinance shall take effect from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 24th day of June 1982. exV T 0. HU 0, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: ANDALL B. STRONG, City ttorney 20624 -2a EXHIBIT "A" THE STATE OF TEXAS 0 0 COUNTY OF HARRIS 0 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT made, entered into and executed the day of , 1982, by and between the City of Baytown, Texas, acting herein by and through its Mayor who is duly authorized to so act for and in behalf of said City, hereinafter called "OWNER" and LANGFORD ENGINEER- ING, INC., hereinafter called the "ENGINEER ". WITNESSETH, that whereas the OWNER intends to construct certain sanitary sewerage system and other improvements designated as part of the 1981 Capital Improvements Program. Such Capital Improvement Program is hereinafter referred to as the "PROJECT ", subject to the limitations and restrictions as setforth hereinafter. NOW THEREFORE, the OWNER and the ENGINEER in consider & -- tion of the mutual covenants and agreements herein contained do mutually agree as follows: SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to perform professional engineering services in con- nection with the PROJECT as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow. The ENGINEER recognizes and agrees that this is not an exclusive agreement with the ENGINEER and that the OWNER reserves the right to assign such sanitary sewerage projects to the OWNER'S engineering staff when such assignment is in the OWNER'S best interest. SECTION II CHARACTER AND EXTENT OF SERVICES The ENGINEER shall render the following professional services necessary for the development of the PROJECT: A. 20624 -2c Preliminary Phase (1) Attend preliminary conferences with the OWNER regarding the PROJECT. (2) Prepare, when necessary, preliminary engineering studies and reports on the various phases of the PROJECT in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the OWNER; to include preliminary layouts, sketches and cost estimates for each particular phase of the PROJECT, and to set forth clearly the ENGINEER'S recommendations. (3) Furnish the OWNER up to 20 copies of all prelimi- nary reports, including preliminary layouts, sketches and cost estimates. Design Phase (1) Establish the scope, and advise the OWNER, of any soil and foundation investigations or any special surveys and special testing which, in the opinion of the ENGINEER, may be required for the proper execution of the PROJECT; and arrange with the OWNER, for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the ENGINEER'S basic services, and compensation therefor is not in- cluded in the Basic Charge; it may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be determined by the applicable portions of Section VI B.) (2) Furnish to the OWNER, where required by the circum- stances of the assignment, the engineering data necessary for applications for routine highway crossings, railroad crossings, or county permits (as distinguished from detailed applications and supporting documents for waste discharge permit, state and /or federal government grants or to meet the requirements of special programs of the federal government). Routine permits, as stated, are included in the Basic Charges for the Design Phase. (3) Perform field surveys to collect information which, in the opinion of the ENGINEER, is required in the design of the PROJECT. (Not included in Basic Charge for the Design Phase.) (4) Prepare detailed specifications and contract draw- ings, for construction authorized by the OWNER. These designs shall in all respects combine the application of sound engi neering principles with a high degree of economy, and shall be submitted to the applicable state and federal agencies for approval. (S) Prepare detailed cost estimates and proposals of authorized construction, which shall include sum- maries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The ENGINEER will use his best efforts to see that these estimates reflect current costs for similar work in the PROJECT area, but he shall not be required to guarantee their accuracy. -2- 20624 -2d (6) Furnish to the OWNER all necessary copies of approved plans, specifications, notices to bidders and proposals. All sets of plans in excess of 25 are to be paid for separately by OWNER, at current commercial rates. C. Construction Phase (1) Assist the OWNER in the advertisement for bids on various phases of the PROJECT. (2) Assist the OWNER in the opening and tabulation of bids for construction of the various phases of the PROJECT and recommend to the OWNER as to the proper action on all proposals received. (3) Consult with and advise OWNER as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor(s) for those por- tions of the work as to which such acceptability is required by the Contract Documents. (4) Consult with and advise OWNER as to the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution is permitted by the Contract Documents. (5) Assist in the preparation of formal Contract Docu- ments for the contracts. (6) Make periodic visits to the site (as distinguished from the continuous services of a Project Represen- tative) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. The ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or material, but will be responsible for making suf- ficient on -site inspections so as to determine the techniques of the work performed, as well as the sequences of construction, where such sequences are determined by the Contract Documents. The ENGINEER will be responsible for reporting to the OWNER any failure of the contractors to perform the construction work in accordance with the Con- tract Documents. On the basis of on -site observa- tions as experienced and qualified design profess- ionals, the ENGINEER will also keep the OWNER informed of the extent of progress of the work and advise the OWNER of material and substantial de- fects and deficiencies in the work of contractors which are discovered by ENGINEER or otherwise brought to the ENGINEERS' attention in the course of constrution, and may, on behalf of the OWNER, execute whatever rights the OWNER may have to disapprove work and materials as failing to conform to the Contract Documents. (7) If specifically authorized by the OWNER in writing, furnish the services of resident Project Represen- tative(s) for continuous on- the -site observation of construction. Furnish such other field person- nel as required for the performance of construction layout surveys and final measurement surveys. (This service is not part of the ENGINEER'S basic service, and compensation shall be determined -3- 20624 -2e under Section VI B.) The authority and duties of such resident Project Representative(s) are to conduct continuous on -site observations of the work in progress for the ENGINEER to determine that the PROJECT is proceeding in general compliance with the Contract Documents, and report to the OWNER any work that should be rejected or specially tested, or any work that should be stopped when it appears that the completed PROJECT may not comply with the requirements of the Contract Documents. It is agreed, however, that the ENGINEER does not underwrite, guarantee or insure the work done by the contractors, and, since it is the contractor's responsibility to perform the work in accordance with the Contract Documents, the ENGINEER is not responsible or liable for the contractor's failure to do so, and, so long as ENGINEER has exercised the usual degree of care and prudent judgment in selecting Project Representative(s), failure by any Project Representative(s) or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the contractors shall never relieve the Contractors for liability therefor or subject the ENGINEER to any liability for any such defects or deficiencies. The duties responsibilities and limitations of the authority of resident Project Representatives are more fully set forth in the attachment hereto. (8) Check and approve samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the contractors are required to submit, only for con- formance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. (9) Consult and advise with the OWNER during construction, issue all instructions to the contractor requested by the OWNER; and prepare routine change orders as required. (10) Prepare monthly and final estimates for payments to contractors. Advise OWNER of any known out- standing claims of subcontractors and suppliers. (11) Supervise initial operation of the PROJECT, and supervise the necessary performance tests required by specifications. (12) Conduct, in company with the OWNER, a final inspect- ion of each particular phase of the PROJECT for conformance with the design concept of the PROJECT, and compliance with the Contract Documents, and approve in writing final payment to the Contractors. (13) Based on available records, the ENGINEER shall re- vise the Contract Drawings to show the work as actually constructed, and furnish the OWNER with one set of reproducible drawings. (Field surveys for final quantities and determination of as -built deminisions are not included in the basic percentage charge for the Construction Phase.) -4- 20624 -2f SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be under- taken by the ENGINEER under this Agreement until they have received written authorization from the OWNER, in which the following elements are specified: (1) The nature of the particular assignment. (2) The scope of the services to be performed. (3) The exact basis of payment for the services to be performed. (4) A citation of the Act of the City Council under which the assignment was authorized and the appropriation was made. (5) Any credit provision to which the OWNER is entitled. (6) The time allowed the ENGINEER for the per- formance of the services. When an emergency exists that requires engineering services, the authorized representative of the City may request, and the ENGINEER will perform, such engineering services as needed without having written authorization. Under this emergency condition, the written authorization will follow the verbal authorization and be transmitted at a subsequent date. SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the OWNER and the ENGINEER and shall remain in force for a period which may reasonably be required for the preliminary studies and reports, the design, award of contracts and the construction of the PROJECT, including extra work and any required extensions thereto. The final acceptance by the OWNER of each construction contract in the PROJECT shall serve as evidence under this contract, insofar as they pertain to that section (phase) of the PROJECT. EMM 20624 -2g SECTION V COORDINATION WITH OWNER The ENGINEER shall hold periodic conferences with the OWNER, or its representatives, to the end that the PROJECT, as perfected, shall have full benefit of the OWNER'S experi- ence and knowledge of existing needs and facilities, and be consistent with its current policies and construction stan- dards. To implement this coordination, the OWNER shall make available to the ENGINEER, for use in planning the PROJECT, all existing plans, maps, field notes, statistics, compu- tations and other data in its possession relative to existing facilities and to the PROJECT. SECTION VI THE ENGINEERS` COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the OWNER shall pay, and the ENGINEER shall receive the compensation hereinafter set forth, for the Preliminary Phase, Design and Construction Phases of the work and for Special Services, not included in these phases. All remittances by OWNER of such compensation shall either be mailed or delivered to the ENGINEER'S office in Houston, Harris Coutny, Texas. Where the compensation is based on a percentage of construction cost, the charge for each separ- ate phase shall be based on the "construction cost" of all work designed by the ENGINEER with the applicable percentage fee as set forth hereinafter. "Construction cost" is defined as the total cost to the OWNER for the execution of the work authorized, excluding fees or other costs for engineering and legal services, the cost of land, rights -of -way, legal and administrative expen- ses; but including the direct cost to the OWNER of all construction contracts, items of construction, including labor, materials and equipment, required for the completed work (including extras) and the total value at site of -6- 0 20624 -2h PROJECT of all labor, materials and equipment purchased or furnished directly by the OWNER for the PROJECT. In the event that proposals for construction of any of the work authorized in the Design Phase are received within 120 days after submission of completed contract drawings and specifications to the OWNER by the ENGINEER, the charge for the corresponding services in the Design Phase and charge for the corresponding services in the Preliminary Phase shall be adjusted to the "construction cost" as reflected by the lowest acceptable proposal, or lowest bona fide bid, if no contract is awarded. Where no proposals or bona fide bids are received, the ENGINEER'S estimates shall be made the basis for final payment for these two phases. No re- duction shall be made from the percentage charge on account of penalties or liquidated damages or other sums withheld from contractor's payments. A. Basic Services for Construction Project(s) (Authorized at one time. (1) Preliminary Phase Payment for services in the Preliminary Phase shall be made to the ENGINEER in the amount of fifteen (150) percent of the appropriate percentage fee as shown on the attached Tables of Median Compensation. Table A shall apply to all work listed as classification A work as shown on Exhibit "C ", and Table B shall apply to all work listed as classification B work as shown on Exhibit "C ". (2) Design Phase Payment for services in the Design Phase shall be made to the ENGINEER in the amount of sixty -five (657o) percent of the appropriate percentage fee as shown on the attached Tables ofMedian Compensa- tion. The appropriate Table to be used for deter- mining the applicable percentage fee shall be as set forth in A.(1) above. (3) Construction Phase Payment for services in the Construction Phase shall be made to the ENGINEER in the amount of twenty percent (20 %) of the appropriate percentage fee as shown on the attached Tables of Median Compensation. The appropriate Table to be used for determining the applicable percentage fee shall be as set forth in A.(1) above. -7- 20624 -2i Special Assignments and Services Not Included in Above Percentage Charges. The charges above described in the Preliminary Design Phase and Construction Phase shall provide compensation to the ENGINEER for all services called for under this Agreement to be performed by them, or under their direction, except the services set forth below. These excluded services and Special Assignments, and the compensation to be paid by the OWNER to the ENGINEER for their performance, as required, are as follows: Services (1) Field surveys to collect information required for design (Preliminary Phase and Design Phase Only) (2) Construction Layout survey. (Construction Phase Only) (3) Services of a resident Pro- ject Representative, and other personnel as required, for on- the -site observation of constru- ction and final quantities /as- built demensions surveys. (Con- struction Phase Only) Basis of Compensation Salary costs times multip- lier of 2.10. No, separate charge for normal surveying supplies, equipment or trans- portation. Same as set forth in (1) above. Salary cost times a multip- lier of 2.10. Subcontract expense at invoice cost plus 107o service charge. No sepa- rate charge for normal supplies, equipment or transportation. (4) Land surveys, and establish- Same as set forth in (1) ment of boundaries and monuments. above. (5) Preparation of property or easement descriptions. (6) Preparation of any special reports required for marketing of bonds. (7) Appearances before regu- latory agencies. (8) Assistance to the OWNER as an expert witness in any litigation with third parties arising from the development or construction of the PROJECT. (9) Special investigations involving detailed conside- ration of operation, main- tenance and overhead expens- es; preparation of rate schedule, earnings and ex- pense statements, special feasibility studies, apprai- sals, valuations, and material audits or inventories required for certification of force ac- count construction performed by the OWNER. P! Salary cost times a multip- lier of 2.30. Reimbursement for direct non -labor expense plus a 107o service charge. Salary cost times a multip- lier of 2.30. Reimbursement for direct non -labor expense plus a loo service charge. Salary cost times a multi- plier of 2.30. Reimburse- ment for direct non -labor expense plus a 10% service charge. $400.00 per diem for each day, or part thereof, in which ENGINEER'S presence is required by OWNER. Salary cost times a multi- plier of 2.30. Reimbursement for direct non -labor expense plus a loo service charge. 20624 -2j (10) Soil and foundation investi- (a) Furnished directly by gations, including tests the OWNER, or (b) by ENGINEER borings, solid -tests and at salary cost times a multi - analysis of test results. plier of 2.30 and reimburse- ment for direct non -labor ex- pense at invoice cost plus a 10% service charge. (11) Detailed mill, shop and /or laboratory inspection of materials or equipment (a) Furnished directly by the OWNER or (b) by ENGINEER at salary cost times a multiplier of 2.30 and reimbursement for direct non -labor expense and subcontract expense at invoice cost plus a loo service charge. (12) Extra travel required of the Cost of travel and living ex- ENGINEER and authorized by pense plus a 10% service the OWNER from Baytown to charge. to points other than Harris County in connection with the PROJECT. (13) Preparation of applications and supporting documents for government grants, waste dis- charge permits or other special permits, grant applica- tion, etc. to con- form with federal, state and /or regional authorities regulations and /or procedures. Salary cost times a multiplier of 2.30. Reimbursement for direct non -labor expense plus loo service charge. (14) Additional or extended ser- The vices during construction will made necessary by (1) work need damaged by fire or other cause during construction, (2) a signi- ficant amount of defective or neg- lected work of any Contractor, (3) prolongation of the contract time of any prime contract by more than sixty days, (4) acceleration of the work schedule involving services be- yond normal working hours, and (5) de- fault by any Contractor. SECTION VII TIMES OF PAYMENT A. Basic Services cost for these services be negotiated should the arise. (1) Preliminary Phase: Partial payments for services in this phase shall be made monthly, based on the ENGINEER'S estimate of the "construction cost" of the work. Payment will be made in proportion to that part of the services which have been accomplis- hed, as evidenced by monthly statements submitted by the ENGINEER. 20624 -2k (2) Design Phase: Partial payments for services in the design phase shall be made monthly, based on the ENGINEER'S estimate of the "construction cost" of the work. Payment will be made in proportion to that part of the services in the design phase which have been accomplished, as evidenced by monthly statements submitted by the ENGINEER. (3) Construction Phase: Payment for construction phase basic services will be made in monthly installments in proportion to the "construction cost" completed, on the basis of the ENGINEER'S estimate prepared for monthly payments to the contractors. B. Special Assignments and Services Not Included in Percen- tage for basic Services: Payment for special assignments and services shall be made to the ENGINEER monthly upon presentation of monthly statements by the ENGINEER of such services. "Salary cost" used as a basis of payment shall mean the salaries and wages paid to principals and employees en- gaged directly on the PROJECT, including but not limited to engineers, designers, draftsmen, specification writers and other staff employees involved; plus the cost of fringe benefits including but not limited to, social security contributions, unemployment, excise and payroll taxes, workmens compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. For the purposes of this Agreement of the amount of customary and statutory benefits of all personnel will be considered equal to 27% of salaries and wages. All statements for services performed shall be due and payable at the principal office of the Engineer by the fifteenth day follow- ing date of invoice. If the OWNER fails to make any payment due the ENGINEER on account of his services and expenses within sixty days after receipt of the ENGINEER'S bill therefor, the amounts due the ENGINEER shall bear interest at the legal rate in force at the principal place of business of the ENGINEER from said sixtieth day, and in addition the ENGINEER may, after giving seven days' written notice to the OWNER, suspend services under this Agreement until he has been paid in full all amounts due him on account of his services and expenses. SECTION VIII REVISION TO DRAWINGS AND SPECIFICATIONS The ENGINEER will make, without expense to the OWNER, such revisions of the preliminary drawings as may be required to meet the needs of the OWNER, but after a definite plan has been approved by the OWNER, if a decision is subsequently made by the OWNER which, for its proper execution, involves extra services and expenses for changes in, or addition to, the drawings, specifications, or other documents, or if the -10-- 20624 -21 ENGINEER is put to labor or expense by delays imposed on them from causes not within their control, such as by the readvertisement of bids or by the delinquency or insolvency of contractors, the ENGINEER shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the percentage charge stipulated in this Agreement. Compensation for such extra services shall be at salary cost times a multiplier of 2.30, and reimbursement for direct nonlabor expense and subcontract expense at invoice cost plus a 10% service charge. SECTION IX OWNERSHIP OF DOCUMENTS All doucments, including original drawings, estimates, specifications, field notes and date are and remain the property of the ENGINEER as instruments of service. For those projects constructed, the ENGINEER will furnish to the OWNER, after completion of construction, one set of reproduci- ble drawings corrected to reflect as constructed dimensions at no additional expense to OWNER. The OWNER may at his expense obtain additional sets of reproducile record prints or drawings and copies of other documents, in consideration of which the OWNER will use them solely in connection with the PROJECT, and not for the purpose of making subsequent extensions or enlargements thereto and he will not sell, publish or display them publicly. Reuse for new projects, shall require written permission of the ENGINEER and shall entitle him to further compensation at a rate to be agreed upon by OWNER and ENGINEER. SECTION X TERMINATION Either party to this Agreement may terminate the Agree- ment by giving to the other thirty (30) days' notice in writing. Upon delivery of such notice by the OWNER to the _11-- 20024 -2m ENGINEER, and upon expiration of the thirty (30) day period, the ENGINEER shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the ENGINEER shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The OWNER shall then pay the ENGINEER promptly that portion of the prescribed charges which the services actually performed under this Agreement bear -to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Reproducible copies of all completed or partially completed plans and specifications prepared under this Agreement shall be delivered to OWNER when and if this Agreement is terminated, and the same shall become the property of the OWNER. SECTION XI INSURANCE The ENGINEER will secure and maintain such insurance as will protect him from claims under workmen's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of his employees or of any person other than his employees, and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom. SECTION XII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement, except as above, neither -12- 20624 -2n the OWNER nor the ENGINEER shall assign, sublet or transfer their interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. IN TESTIMONY OF WHICH this instrument has been executed on behalf of the abovenamed ENGINEER, and has been executed on behalf of the OWNER in four (4) counterparts, each of equal force, on the day and year first above wirtten. CITY OF BAYTOWN, TEXAS EMMETT O. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk LANGFORD ENGINEERING, INC. 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U c'7 v ct) 113 t� + �, . 1 CU N Cli lV c17 I-_ C7 20624 -2p TAIME "B" TABLE OF CO1PENSATION (From NSPE Curves of Median Compensation - Curve E) Construction Cast $ 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 2,000,000 3,000,000 4,000,000 5,0ao,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 N Basic Charge cSy 7.25 7.0 6.8 6.6 6.45 6.3 6.24 5.7 5.45 5.35 5.25 5.2 5.15 5.1 5.0 4.97 48 4.75 4.7 4.67 20624 -2q Cl- ,j s f ioaZt �orl A is i r►te•neled tee te; >,�1� ia) ��`;`;i, ;fib t,nt:; r,f %vhiclt the fol ].during -are typ.ic:<<1 c x<<s:!f�l e ,• Water, Sewage and industr•ia t. te,zste trea.tr*s��r�t plants Lo�v cost, or complicated, N,:acterfront and j,,Iarine, tl.- rrainal facilities complicated dams and hydro -power installations Small bridges and bridges which ;Lre complicated by involved geometrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Stater distribution lines under 16 -inch diameter Pumping stations Air pressure tunnels Swimming pools Foundations Classification B is 'intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm severs and drains Sanitary sewage collection lines 24 --inch diameter•and over Water' distribution lines 16 --inch diameter and over :Simple bridges and other structures of straightforward or conventional design Dams of average complexity Airport paving and grading Irrigation works, except pumping plants Railways. Levees and flood walls, conventional Sewer and water tunnels (free air) Earthwork and dredging Highways and rural roads, except low --cost rural roads high -cost wharf facilities of conventional design Retaining walls and bulkheads, conventional Water Towers 20624 -2r MOTIONAL 5O[IEiY OF CROFESSIONIL ENGINEERS iau�a�o�9y Exhibit "A" to Standard Form of Agreement Between Owner and Engineer for Professional Services (NSPE 1910 -1, 1970 Edition) Duties, Responsibilities and Limitations of the Authority of Resident Project Representative A. General. Resident Project Representative is ENGINEER's Agent and will act as directed by and under the supervision of ENGINEER. He will confer with ENGINEER regarding his actions. His dealings in matters pertaining to the on -site Work shall in general be only with ENGINEER and CONTRACTOR. His dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR or his superintendent. He will generally communicate with OWNER only through or as directed. by ENGINEER. B. Duties and Responsibilities. Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. At- tend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superin- tendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site opera- tions. b, As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. c. Alert CONTRACTOR directly and through his superintendent, to the hazards involved in accepting or act- ing upon instructions from OWNER or others, except instructions transmitted through ENGINEER oy himself. 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples which have been approved by ENGI- NEER. b. Receive samples which are furnished at the site by CONTRACTOR for ENGINEER's approval, and no- tify ENGINEER of their availability for examination. c. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGI- NEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to assist ENGINEER in determining that the Project is proceeding in accordance with the Contract Documents and that completed Work will conform .to the re- quirements of the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not z conform to the requirements of the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing or inspection. G c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted =° as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR t, o maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to ° the test procedures and startups. o 0 © 1970 by National Society of Professional Eng ineers, 2029 K St., N.W., Washington, D.C. 20006 -is-