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Ordinance No. 5,944910801-4
ORDINANCE NO.5944
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR
ENGINEERING SERVICES AND ARCHITECTURAL SERVICES FOR
PORTIONS OF THE 1991-92 AND 1992-93 BOND PROJECTS WITH
BUSCH,HUTCHISON &ASSOCIATES,INC.;AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFBAYTOWN,
TEXAS:
Section 1:That the City Council of the City of Baytown,
Texas,hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement for
engineering services and architectural services for portions of
the 1991-92 and 1992-93 bond projects with Busch,Hutchison &
Associates,Inc.A copy of said agreement is attached hereto,
marked Exhibit "A,"and made a part hereof for all intents and
purposes.
Section 2:This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of the
City Council of the City of Baytown,this the 1st day of August,
1991.
T 0.HUTTO,Mayor
ATTEST:
EN P.HALL/CityEILEENP.HALL/City Clerk
rAClO RAMIREZ!>SR.,City Attorney
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document BI41
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT
made as of the First day of August in the year of
Nineteen Hundred and Ninety-One
BETWEEN the Owner:CITY OF BAYTOWN,TEXAS
(Name and address)P»0o Box 424
Baytown,Texas 77522
and the Architect:William T.Burge,Architect
(Name and address)600 Scenic Drive
Baytown,Texas77521
For the following Project:
(Include detailed description of Project,location,address and scope.)
Addition and renovation of existing City of Baytown,
Texas Sterling Municipal Library to include expanded
library and work space,new flooring,air conditioning
system modifications,site work and expanded parking
facilities per 1990 City of Baytown Bond Proposal.
The Owner and Architect agree as set forth below.
Copyright 1917,1926,1948.1951,1953,1958,1961,1963.1966,1967.1970,1974,1977.©1987 by The American Institute
of Architects,1735 New York Avenue.N.W.,Washington,D.C.20006.Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and wilt be
subject to legal prosecution.
AM DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT •FOURTEENTH EDITION •AIA9 •©1987
THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE,N.W..WASHINGTON,DC.20006 B141-19B7 1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per
formed by the Architect,Architects employeesand Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement
and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expedi-
tiously as is consistent with professional skill and care and the
orderly progressof the Work.Upon request of the Owner,the
Architect shall submit for the Owner's approval a schedule for
the performance of the Architect's services which may be
adjusted as the Project proceeds,and shall include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over
the Project.Time limits established by this schedule approved
by the Owner shall not,except for reasonable cause,be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.2 through 2.6 and any other services identified
in Article 12 aspart of Basic Services,and include normal struc
tural,mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the
Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program,schedule and construction budget
requirements,each in terms of the other,subject to the limita
tions set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program,schedule
and construction budget requirements,the Architect shall
prepare,for approval by the Owner,Schematic Design Docu
ments consisting of drawings and other documents illustrating
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current area,volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule or constructionbudget,the Architect shall prepare,
for approval by the Owner,Design Development Documents
consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural,struc
tural,mechanical and electrical systems,materials and such
other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu
ments andany further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner,the Architect shall prepare,for approval by the Owner,
Construction Documents consisting of Drawings and Specifica
tions setting forth in detail the requirements for the construc
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information,bidding forms,the Condi
tions of the Contract,and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost indi
cated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with
the Owner's responsibility for filing documents required for
the approval ofgovernmental authorities having jurisdiction
over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect,following the Owners approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost,shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE—ADMINISTRATION
OFTHE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences
with the award of the Contract for Construction and terminates
at the earlier of the issuance to the Owner of the final Certificate
for Payment or 60 days after the date of Substantial Completion
of the Work,unless extended under the terms of Subparagraph
10.3.3.
2.6.2 The Architect shall provide administration of the Con
tract for Construction as set forth below and in the edition of
AlA Document A201,General Conditions of the Contract for
Construction,current as of the date of this Agreement,unless
otherwise provided in this Agreement.
2.6.3 Duties,responsibilities and limitations of authority of the
Architect shall not be restricted,modified or extended without
written agreement of the Owner and Architect with consent of
the Contractor,which consent shall not be unreasonably
withheld.
AlA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT •FOURTEENTH EDITION •AlA*•©1987
THE AMERICAN INSTITUTE OF ARCHITECTS.17}5 NEW YORK AVENUE.N.W..WASHINGTON.D.C.20006 B141-1987 2
2.6.15 The Architect shall interpret and decide matters con
cerning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of
either the Owner or Contractor.The Architect's response to
such requests shall be made with reasonable promptness and
within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings.When making such interpretations and initial deci
sions,the Architect shall endeavor to secure faithful perfor
mance by both Owner and Contractor,shall not show partiality
to either,and shall not be liable for results of interpretations or
decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to aesthe
tic effect shall be final if consistent with the intent expressed in
the Contract Documents.
2.6.18 The Architect shall render written decisionswithin a
reasonable time on all claims,disputes or other matters in ques
tion between the Owner and Contractor relating to the execu
tion or progress of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims,disputes or other
matters,including those in question between the Owner and
Contractor,except for those relating to aesthetic effect as pro
vided in Subparagraph 2.6.17,shall be subject to arbitration as
provided inthis Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included
in Basic Services unless so identified in Article 12,and they shall
be paid for by the Owner as provided in this Agreement,in
addition to the compensation for Basic Services.The services
described under Paragraphs 3.2 and 34 shall only be provided
if authorized or confirmed in writing by the Owner.If services
described under Contingent Additional Services in Paragraph
3-3are required due to circumstances beyond the Architects
control,the Architect shall notify the Owner prior io com
mencing such services.If the Owner deems that such services
described under Paragraph 33 are not required,the Owner
shall give prompt written notice to the Architect.If the Owner
indicates in writing that all or part of such Contingent Addi
tional Services are not required,the Architect shall have no obli
gation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required,the Architect shall
provide one or more Project Representatives to assist in carry
ing out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected,employed and
directed by the Architect,and the Architect shall be compen
sated therefor as agreed by the Owner -and Architect.The
duties,responsibilities and limitations of authority of Project
Representatives shall be as described in the edition of AIA
Document 8352 current as of the date of this Agreement,unless
otherwise agreed.
3.2.3 Through the observations by such Project Represen
tatives,the Architect shall endeavor to provide further protec
tion for the Owner against defects and deficiencies in the Work,
but the furnishing of such project representation shall not
modify the rights,responsibilities or obligations of the Architect
as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings,Specifications or other
documents when such revisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner,including revisions made neces
sary by adjustments in the Owners program or Proj
ect budget;
.2 required by the enactment or revision of codes,laws
or regulations subsequent to the preparation ofsuch
documents;or
.3 due to changes required asa result of the Owner's fail
ure to render decisioas in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including,butnot limited to,size,qual
ity,complexity,the Owner's schedule,or the method of bid
ding or negotiating and contracting for construction,except for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings,Specifications and other documen
tation and supporting data,evaluating Contractor's proposals,
and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substi
tutions proposed by the Contractor and making subsequent
revisions to Drawings,Specifications and other documentation
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or othercause during construction,and fur
nishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the
Contractor,by major defects or deficiencies in the Work of the
Contractor,or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number of
claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documents for alternate,separate or sequential
bids or providing services in connection with bidding,negotia
tion or construction prior to the completion of the Construc
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owners needs and program
ming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys,site evaluations or com
parative studies of prospective sites.
MA DOCUMENT B141 •OWNER ARCHITECT AGREEMENT •FOURTEENTH EDITION •AIA*•<t'1987
THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW VORK AVENUE.N.W..WASHINGTON.DC 20006 B141-1987 4
ARTICLE 5
CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or esti
mated cost to the Owner of all elements of the Project designed
or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current
market rates of labor and materials furnished by the Owner and
equipment designed,specified,selected or specially provided
for by the Architect,plus a reasonable allowance for the Con
tractor's overhead and profit.In addition,a reasonable allow
ance for contingencies shall be included for market conditions
at the time of bidding and for changes in the Work during
construction.
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants,the costs of the land,
rights-of-way,financing or other costs which are the respon
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget,preliminary
estimates of Construction Cost and detailed estimates of Con
struction Cost,if any,prepared by the Architect,representthe
Architect's best judgment as a design professional familiar with
the construction industry.It is recognized,however,that nei
ther the Architect nor the Owner has control over the cost of
labor,materials or equipment,over the Contractor's methods
of determining bid prices,or over competitive bidding,market
or negotiatingconditions.Accordingly,the Architect cannot
and does not warrant or represent that bids or negotiated prices
will notvary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing,proposalor
establishment of a Project budget,unless such fixed limit has
been agreed upon in writing and signed by the parties hereto.If
such a fixed limit has been established,the Architect shall be
permitted to include contingencies for design,bidding and
price escalation,to determine what materials,equipment,com
ponent systems and types of construction are to be included in
the Contract Documents,to make reasonable adjustments in
the scope of the Project and to include in the Contract Docu
ments alternate bids to adjust the Construction Cost to the fixed
limit.Fixed limits,if any,shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Biddingor Negotiation Phase has not commenced
within 90 days after the Architect submits the Construction
Documents to the Owner,any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the
date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusted as pro
vided in Subparagraph 5.2.3)is exceeded by the lowest bona
fide bid or negotiated proposal,the Owner shall:
.1 give written approval of an increase in such fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned,terminate in accordance
with Paragraph 8.3;or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4,
the Architect,without additional charge,shall modify the Con
tract Documents as necessary to comply with the fixed limit,if
established as a condition of this Agreement.The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit.
The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not
the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings,Specifications and other documents pre
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respectto this Project
and,unless otherwise provided,the Architect shall be deemed
the author of these documents and shall retain all common law,
statutory and other reserved rights,including the copyright.
The Owner shall be permitted to retain copies,including repro
ducible copies,of the Architect's Drawings,Specifications and
other documents for information and reference in connection
with the Owners use and occupancy of the Project.The Archi
tect's Drawings,Specifications or other documents shall not be
used by the Owner or others on other projects,for additions to
this Project or for completion of this Project by others,unless
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen
sation to the Architect.
6.2 Submission or distribution of documents to meet official
regulatory requirements or for similar purposes in connection
with the Project is not to be construed as publication in deroga
tion of the Architect's reserved rights.
ARTICLE 7
ARBITRATION
7.i\CIaims,disputes or other matters in question between i
partieyto this Agreement arising out of or relating to this i
mem or otoch thereof shall be subject to and decidecMJy arbi
tration in accordance with the Construction Industry Arbitra
tion Rules of theS^merican Arbitration Association currently in
effect unless the pahics mutually agree otherwise.
7.2 Demand for arbitration shall be^flfed in writing with the
other party to this Agreemeh^ar^with the American Arbitra
tion Association.A demand fop*bit ration shall be made within
a reasonable time after thp/clainvfclispute or other mat»er in
question has arisen.lnjxJevcnt shall the«demand for arbitration
be made after thecfcffe when institutionbnegal or equitable
proceedings basra on such claim,dispute oNother matter inquestionwouftfbebarredbytheapplicablestatute^f limitations.
7.3 NjXarbitration arising out of or relating to this Agreement
shajtfnclude,by consolidation,joinder or in any other manner,
additional person or entity not aparty to this Agreement
AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT *FOURTEENTH EDITION •AIA*•©1987
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE.N.W.,WASHINGTON.D.C.20006 B141-1987 6
the specific information considered by the Owner to be confi
dential or proprietary.The Owner shall provide professional
credit for the Architect on the construction sign and in the pro
motional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatoryand customary con
tributions and benefits related thereto,such as employment
taxes and other statutory employee benefits,insurance,sick
leave,holidays,vacations,pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa
tion for Basic and Additionaf Services and include expenses
incurred by the Architect and Architect s employees andcon
sultants in the interest of the Project,as identified in the follow
ing Clauses.
10.2.1.1 Expense of transportation in connection with the
Project;expenses in connection with authorized out-of-town
travel;long-distance communications;and fees paid for secur
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions,postage and handling of
Drawings.Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner,expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings,models and mock-ups requested
bv the Owner.
10.2.1.5 p
profo
coverage Of limit;),
requested b the
ATchttt
10.2.1.6 Expe
equipment timt
nided design and drafting
Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and,where applicable,shall be in proportion to ser
vices performed within eachphaseof service,on the basis set
forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in
Subparagraph 11 5.1 of this Agreement is exceeded or extended
through no fault of the Architect,compensation for any ser
vices rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Con
struction Cost andany portions of the Project are deleted or
otherwise not constructed,compensation for those portions of
the Project shall be payable to the extent services are per
formed on those portions,in accordance with the schedule set
forth in Subparagraph 11.2.2.based on (1)the lowest bona fide
bid or negotiated proposal,or (2)if no such bid or proposal is
received,the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architects Additional
Services and for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of services ren
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com
pensation on account of penalty,liquidated damages or other
sums withheld from payments to contractors,or on account of
the cost of changes in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per
taining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be avail
able to the Owner or the Owners authorized representative at
mutually convenient times.
ARTICLE11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
"■'A*™™PAYMENT of None DoHarsfSshallbemadeuponexecutionofthisAgreementandcreditedtotheOwnersaccountatfinalpayment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES,as described in Article 2,andany other services included in Article 12 as part of Basic Sen-ices Basic
Compensation shall be computed as follows:'
-0-
w.a.ul ,U,;mjy /,/.,,.„•.</„Nnls of
7.57.of final constructipn cost as defined by Article 5 of this Agreement.
AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT •FOIRTEENTH EDITION •A1A*•€'198'
THE AMERICAN INSTITITE OF ARCHITECTS.!"JS NEW VORK AVEME.N.«'..WASHINGTON,DC 20006 B141-1987 8
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other sen-ices,identify Additional Sen ices included within Basic Compensation and modifications to the payment and compensation terms
included in Ibis Agreement.)
For the following Project:Addition and renovation of existing City
of Baytovm,Texas Sterling Municipal
Library to include expanded library and
work space,new flooring,air conditioning
system modifications,site work and expanded
parking facilities per 1990 City of Baytown
Bond Proposal.
This Agreement entered into as of the day and year first written above.
owner City of Baytown,Texas ARCHITECT
EtnmetC 0oHutto,Mayor
(Signature)
Willfam T.Burge,/Architect
William T.Burge,Architect
(Printed name and title)
B141^OWNEBARCHITECT AGREEMENT •FOURTEENTH EDITION •AIA*•©1987STAT/g
t
1CAN INSTATE OT/RO^rgTSJJ735 NEW YORK AVENUE,N.W.,WASHINGTON.DC.20006 B141-1987 10
THE STATE OF TEXAS §
AGREEMENT FOR ENGINEERING SERVICES
COUNTY OF HARRIS §
THIS AGREEMENT made,entered intoand executed thisthe
day of August 1991,by and between Thecity of Baytown,
Harris County,Texas,acting herein by and through its Mayor who is
duly authorized to so actfor andin behalf of said City,hereinaf
ter called "OWNER",and Busch,Hutchison andAssociates,Inc.,
hereinafter called the "ENGINEER".
WITNESSETH,that whereas the OWNER intends to construct
Street,Bridge,Drainageand Park Improvements as setforth in the
City's 1991 Capital Improvement Program,and in certain particular
instances to havebenefit of professional engineering services not
directly related to any specific street,bridge,drainageorpark
improvement;any or all of which constitutes the "PROJECT".
NOW THEREFORE,the OWNER and the ENGINEER in consider
ation 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 andthe ENGINEER
agrees to perform professional engineering services in connection
with the PROJECT as stated in the sections tofollow,and for hav
ing rendered such services,the OWNER agrees to pay to the ENGINEER
compensation as stated in the sections to follow.TheENGINEER
recognizes and agrees that this is not an exclusive agreement with
the ENGINEER and the OWNER reserves the right to assign such
street,bridge,drainage or park improvement projects to the
OWNER'S engineering staff when such assignments is in theOWNER'S
best interest.
0
SECTION II
CHARACTER ANDBXTENT OF SERVICES
The ENGINEER shall render the following professional
services necessary for the development of thePROJECT:
A.Preliminary P^gaa
(1)Attend preliminary conferences with the OWNER regardinqthePROJECT.*"
(2)Prepare,when necessary,preliminary engineering stud
ies and reports on the various phases of the PROJECT insufficientdetailtoindicateclearlytheproblemsinvolvedandthealternatesolutions,ifany,availabletotheOWNER;to include preliminary layouts,sketches,
£2«™J?8t e°tJjnates *or each particular phase of thePROJECT,and to set forth clearly the ENGINEER'S recom
mendations .
(3)Furnish the OWNER upto ten (10)copies of all prelimi
nary reports,including preliminary layouts,sketches,and cost estimates.
(4)in certain particular instances,the Preliminary andDesignPhasewillbecombinedwhenaDesignReportis
required by State Agencies.
B.Design Phaaa
(1)Establish the scope,and advise the OWNER,of any soil
and foundation investigations orany specialsurveysandspecialtestingwhich,in the opinion of the ENGI
NEER,may be required forthe proper execution of the
PROJECT;and arrange,with the OWNER,forthe conduct
ofsuch investigations and teat.(The performance ofPMo™BiDnVo°8ui9,ationB and teat is not a Part of theengineersbasicservices,and compensationthereforeisnotincludedintheBasicCharge;it may be per
formed by the ENGINEER,by agreement with the OWNER,in
which case compensation shall be determined by theapplicableprovisionsofSectionVIB.)
(2)Furnish to theOWNER,where required by the circum
stances of the assignment,the engineering data necessaryfortheapplicationsforroutinehighwaycross
ings,railroad crossings,or county permits (as distinguishedfromdetailedapplicationsandsupportingdocumentsforwastedischargepermit,state and/or federal
government grants,or to meet the requirements of specialprogramsofthefederalgovernment.)
(3)Perform field surveys to collect information which,intheopinionoftheENGINEER,is required in the designofthePROJECT.(Not included in Basic Charge for theDesignPhase.)
(4)Preparedetailed specifications and contract drawings,
iSx™«°?"V1"'for construction authorized by theOWNER.Thesedesignsshall in all respects combine the
application of sound engineering principles with a high
degree of economy,and upon request by theOWNER,shallbesubmittedtotheapplicableregulatoryagencieshavingjurisdiction,forapproval.
(5)Prepare detailed cost estimates and proposals of authorizedconstruction,which shall include summaries ofbiditemsandquantitieswhichwillbebased,wherever
practical,on the unitprice system of biddina TheENGINEERwillusehisbesteffortstoseeSatthesl
estimatesreflect current costs for similar work in the
PROJECT area,but he shall not be required to guarantee
their accuracy.
(6)Furnish to the OWNER all necessary copies of plans,
specifications,notices to bidders,and proposals.All
sets of plans in excess of ten (10)are tobe paid for
separately by OWNER at current commercial rates.
Construction Phase
(1)Assist the OWNER in the advertisement for bids on vari
ous phases of the PROJECT.
(2)Assist the OWNER in the opening and tabulation of bids
for construction of the various phases of the PROJBCTandrecommendtotheOWNERastotheproperactionon
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 portions
of the work as to which such acceptability is required
by the Contract Documents.
(4)Consult with and advise OWNER as to acceptability ofsubstitutematerialsandequipmentproposedbyContractor(s)when substitution is permitted by the ContractDocuments•
(5)Assist in the preparation of formal Contract Documentsforthecontracts.
(6)Make periodic visits to the site (as distinguished fromthecontinuousservicesofaProjectRepresentative)toobservetheprogressandqualityoftheexecutedworkandtodetermineingeneraliftheworkisproceeding
mker^^-euWlth the Contract Documents.The BNGI-NEER will not be required to make exhaustive or contin
uous on-site observation to check the quality or quan-"^of.the wof£°F material,but will be responsibleformakingsufficienton-site observations soas todeterminethetechniquesoftheworkperformed,as well
«™nfi.f^en5eu °£,.conotruction,where such sequencesaredeterminedbytheContractDocuments.The ENGINEER
failure ofe^°nnible f°r reP°rtin9 to the OWNER anytiiiIZ•he Cont/actor(a)to perform the constructionworkinaccordancewiththeContractDocuments.SJm «ff °?°n"8ite obBerv*tions as experienced andS±i9"Professionals,the ENGINEER willalsokeeptheOWNERinformedoftheextentofprogressoftf«iWHr^d?d ad^!,e fc,he 0WHER of material and sub"an-tiS«?F Z and fff icienoie«in the work of Contractor(s)which are discovered by the ENGINEER,or other-of eonrB°fcU9hVt0 thS 5NG1NEER'S attention in the course«JL£*t™c*3-on>and'may.on behalf of the OWNER*execute whatever rights the OWNER may haveto disao-K w°r*an<*materials as failing to conform to "heeSSinIIrdQOOUlne1t8^"}8 agreed'h^ever,tha?thewrkd!L b %"i,Ot ^nderWrite'guarantee,or ensuretheworkdonebytheContractor(a),and,since itLa th«Contractor's responsibility to per om the wrk inaccordancewiththContractDocuments,The ENGINEER isnotresponsibleorliablefortheContractor's fSureord«f8 i F"lure °f the ENGINEER to discover defec"
j
(7)If specifically authorized by the OWNER in writing,
furnishthe services of resident Project Representa
tive^)for continuous on-the-site observation of con-struction.Furnish such other field personnel as re-
quired forthe performance of construction layout sur
veys and final measurement surveys.(This service is
not part of the ENGINEER'S basic service,and compensa
tion shall be determined under Section VI B.)The
authority and duties of such resident Project Represen
tative (s)are to conduct continuous on-site observa
tions of the work in progress for the ENGINEER tode
termine that the PROJBCT is proceeding in general com
pliance with the Contract Documents,and report to the
OWNER any work that should be rejected or specifically
tested,orany work that should be stopped when it ap
pears that the completed PROJECT may not comply withtherequirementsoftheContractDocuments.However,
the authority to stop work is solely the OWNER'S re
sponsibility.It is agreed,however,that the ENGINEER
does not underwrite,guarantee,or ensurethe work donebytheContractor(s),and,since itis the Contractor's
responsibility to perform the work in accordance withtheContractDocuments,the ENGINEER is not responsible
orliable forthe Contractor's failure to do so,and,
so long as ENGINEER has exercised the usual degree of
careandprudent judgment in selecting Project Representative(s).Failure byany Project Representa
tive^),or other personnel engaged in on-the-siteobservationtodiscoverdefectsordeficienciesintheworkoftheContractor(s)shall never relieve the Con
tractor (s)for liability therefore or subject the ENGI
NEER toany liability for any such defects or deficiencies.The duties,responsibilities,and limitations of
the authority of resident Project Representatives are
more fullysetforth in the attachment hereto (Exhibit
A).
(8)Check and approve samples,catalog data,schedules,
shop drawings,laboratory,shop and mill test of materialsandequipment,and other data which the Contrac-
?fi8luar?"q"1"*to submit,onlyfor conformancewiththedesignconceptofthePROJECTandcompliance
with the information given by the Contract Documents;and assemble written guarantees which are required by
the Contract Documents.
(9)Consult andadvise with the OWNER during construction;
issue all engineering instructions to the Contractor(s)
requested by the OWNER;and prepare routine changeordersasrequired.
(10)Prepare monthly and final estimates for payment to Con
tractor^).Advise OWNER of any known outstanding
claims of subcontractors and suppliers.
(11)Supervise initial operational start-up of the PROJECT,and witness performance test(s)required by theCon
tract Documents.
(12)Conduct,in company with the OWNER and Contractor,afinalinspectionofeachparticularphaseofthePRODIS™,?017 conformance with the design concept of thePROJBCT,and compliance with the Contract Documents,and approve in writing final payment tothe Contrac-
tor(s).
(13)Based on available records,the ENGINEER,when specificallyauthorized,shall revise the Contract Drawings toshowasaccuratelyaspossible,the work as actually
constructed,and furnish the OWNER with one set of re-
producible drawings.(Field surveys for final quanti
ties;determination of as-built dimensions,and revi
sion of drawings arenot included in the Basic Charge
for the Construction Phase.)
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertak
enby the ENGINEER under this Agreement until they have received
written authorization from the OWNER,in which the following ele
ments are specified:
(1)The nature of the particular assignment.
(2)The scope of the services to be performed.
(3)The exact basis of payment forthe services tobe
performed.
(4)A citation of the Act of the City Council under
which the assignment was authorized andthe appro
priation was made.
(5)The time allowed the ENGINEER for the performance
of the services.
When an emergency exists that requires engineering ser
vices,the authorized representative of the OWNER may request,and
the ENGINEER will perform,such engineering services as needed
without having written authorization.Under this emergency condi
tion,the written authorization will follow the verbal authoriza
tionandbe transmitted at a subsequent date.
SECTION IV
PERIODOF SERVICE
This Agreement shall be effective upon execution by the
OWNER andthe 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,andthe construction of the PRO
JECT,including extra work and any required extensions thereto.
The final acceptance by the OWNER of each construction contract in
5
the PROJECT shall serve as evidence of engineering completion under
this contract,insofar as they pertain to that section (phase)of
the PROJECT.
SECTION V
COORDINATION WITH OWNER
The ENGINEER shall hold periodic conferences with the
OWNER,or its representatives,tothe end that the PROJECT,as
perfected,shall have full benefit of the OWNER'S experience and
knowledge of existing needs and facilities,andbe consistent with
its current policies and construction standards.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,computations,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 servicestobe rendered
by the ENGINEER,the OWNER shall pay,and the ENGINEER shall re
ceive the compensation hereinafter set forth,for the Preliminary,
Design,and Construction Phases of the work and for Special Servic
es,not included in these phases.All remittances by OWNER of such
compensation shall either be mailedor delivered tothe ENGINEER'S
office in Baytown,Harris County,Texas.
Where the compensation is based on a percentage of con
struction cost,the charge shall be based on the "construction
cost"of all work authorized by the OWNER at one time and handled
by the ENGINEER in accordance with thisAgreement.
"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 expenses;but including the
direct cost to the OWNER of all construction contracts,items of
construction,including labor,materials and equipment,required
for the complete work (including extras)and the total value at
site of PROJECT of all labor,materials and equipment purchased or
furnished directly by the OWNER for the PROJECT.
INTHE EVENT that proposals for construction for any of
the work authorized in the Design Phaseare received within 120
days after submission of completed contract drawings and specifica
tions to the OWNER by theENGINEER,the charge for the correspond
ing services in the Design Phase and charge for the corresponding
services in the Preliminary Phase shall be adjusted tothe "con
structioncost"as reflected by the lowest acceptable proposal,or
lowest bona fide bid,if no contract is awarded.Where no propos
als orbona fide bids are received,the ENGINEER'S estimates shall
be made thebasis 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 con
tractor's payments.
A>Basic Services for Construction Project(si fCosting in Exgbss
of SlSO.OOQ)
(1)Preliminary
Payment for services in the Preliminary Phaseshall bemadetotheENGINEERintheamountoftwenty-five (25%)
percent of the appropriate percentage fee as shown on theattachedTablesofMedianCompensation.Table A shallapplytoallworklistedasclassificationAworkasshownonExhibit»C»,and Table B shall apply to all worklistedasclassificationBworkshownonExhibit"B».
(2)Design
in tne Desian phasesha11 be «ade totheamountofsixtv(60%>Percent of theoMHfr?ta9e fe,e as shownontne attachedofMedianCompensation.The appropriate Table to
«haiUiSeK r determinin°the applicable percentage feeshallbeassetforthinA.(l)above.
(3)Construction Phasa
St^ices in the Construction Phase shall be£<?k ENGINEER in the amount of fifteen (15%)t1?6 aPProPriate percentage fee as shown onthe?ab?e ?o h S °f ?Gdian ConPensation.The appropriateTabletobeusedfordeterminingtheapplicablepercentagefeeshallbeassetforthinA.(1)above?
B.Special AasionmentB and Services Not Included in Above Per
centage Chargea
The charges above described in the Preliminary,Design,and
Construction Phase shall provide compensation tothe ENGINEER forallservicescalledforunderthisAgreementtobeperformedby
them,or under their direction,except the services set forth be
low •
These excluded services andSpecial Assignments,and the compensationtobepaidbytheOWNERtotheENGINEERfortheirperfor
mance,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(ConstructionPhase
Only.)
(3)Services of a resident
Project Representative and
other personnel as required
for on-the-site observation
of construction.(Construc
tionPhase Only.)
(4)Land surveysandestablishmentofboundariesand
monuments
(5)Preparation of property
or easement descriptions.
BaaJB of Compensation
Four Man Survey Party -$112.00/hr
Three Man Survey Party -$90.00/hr
Two ManSurvey Party -$75.00/hr
No separate charge for normal sur
veying supplies,equipment,or
transportation.Subcontract ex
penses at invoice costplus 10%
service charge.
Same asset forth in (1)above.
Salary cost times multiplier of
2.15,noseparate charges for nor
mal equipment,supplies,or trans
portation.Subcontract expense at
invoicecost plus 10%service
charge.
Same as set forth in (1)above.
Salary cost times a multiplier of
2.35.Reimbursement for direct
non-labor expense or subcontract
expense plus a 10%service charge.
(6)Preparation of anyspecial Same as set forth in (5)above,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,aration.
Same as set forth in (5)above.
$800.00 per diem for each day,or
part thereof,in which ENGINEER'S
presence is requiredby OWNER in
courtand/or for litigation prep-
(9)Special investigationsinvolvingdetailedconsidera
tion of operation,mainte
nance,and overhead expenses;
preparation of rate schedule,
earnings and expense statements,
special feasibility studies,
appraisals,valuations,and ma
terial auditsor inventories
required for certification of
force account construction
performed by the OWNER.
Same as set forth in (5)above.
Services
(10)Soil and foundation in
vestigations,including test
borings,soil tests,and
analysis of test results.
Basis of Compensation
(a)Furnished directly by the
OWNER,or (b)by ENGINEER at salary
cost times a multiplier of 2.35 for
office personnel and a multiplier
of 2.15 forfield personnel.Reim
bursement for direct nonlabor
expense or subcontract expense at
invoice cost plus a 10%service
charge.
Same as setforth in (10)above.
Cost of travel and living expense
plus a 10%service charge and in
cluding salary cost times a multi
plier of 2.35 for staff employees.
(11)Detailed mill,shop,
and/or laboratoryinspection
of materials orequipment
(12)Extra travel required of
the ENGINEER and authorized
bythe OWNER from City of
Baytown,Texas to points
other than HarrisCounty in
connection with the PROJECT.
(13)Preparation of applica-Same as setforth in (5)above,tions and supporting documents
for government grants,waste
discharge permits,and/or other
special permits,grant appli
cation,etc.,to conform with
federal,state,and/or
regional authorities regula
tions and/or procedures.
(14)Additional or extended
services during construction
made necessary by (1)work
damaged by fire or other
causes during construction,
(2)a significant amount of
defective or negligent work of
any Contractor,(3)prolonga
tion of the contract time of
any prime contract by more
than thirty (30)days,(4)ac
celeration of the work schedule
involving services beyond
normal working hours,and
(5)default by any Contractor.
(15)Engineering services for
construction projects costinglessthan$150,000.
Salary cost times a multiplier of
2.35 for officepersonnel anda
multiplier of 2.15 for field per
sonnel.Reimbursement for direct
nonlabor cost or subcontract ex
pense plus 10%service charge.
(16)Preparation of recorddrawingsincludingfinalfield
survey measurements.
Survey party as setforth in (1)
above.Other personnel at salary
cost times a multiplier of 2.35.Reimbursement for direct nonlabor
expense or subcontract expense plus10%service charge.
Same as setforth in (15)above.
SECTION VII
TIMESOF PAYMENT
A.Basic Servipon
be made in proportion to that part of the services inthepre
liminary phase which have been accomplished,as evidenced by
monthly statements submittedbytheENGINEER.
(2)Design 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 thatpart of the services in the design phase
which have been accomplished,as evidenced by monthly state
ments submitted by theENGINEER.
(3j Construction Phaae;Partial payment for services in
this phase shall be made in monthly installments in proportion
tothe "construction cost"completed,onthe basis of the
ENGINEER'S estimate prepared for monthly paymentsto theCon
tractor (s).
B«Special Assignments and Services Not Included in Percentage
for Basic Servicess 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 asa basis of payment shall mean thesala
ries and wages paid to principals and employees engaged di
rectly on the PROJECT,including,but not limited to,engi
neers,designers,draftsmen,specification writers,field
representatives,and other staff employees involved;plus the
cost of fringe benefits,including,butnot limited to,social
security contributions,unemployment,excise and payroll tax
es,workmen's compensation,health and retirement benefits,
sick leave,vacation,and holiday pay applicable thereto.For
the purposes of this Agreement the amount of customary and
statutory benefits of all personnel will not exceed thirty
(30%)percent of salaries and wages.
All statements for services performed shallbe dueand payable
at the principal office of the ENGINEBR by the thirtiethday
following date of invoice.If the OWNER fails to make any
payment due the ENGINEER on account of his services and ex
penses within thirty days after receipt of the ENGINEER'S bill
therefore,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 thirtieth 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 tothe OWNER,such
revisions of the preliminary drawings as may be required to meet
the needs of the OWNER,but after a definite plan developed at the
conclusion of the Preliminary Phase has been approved by the OWNER
which,for its proper execution,involves extra services and ex
penses for changes in,or addition to,the drawings,specifica
tions,or other documents,or if the 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,change of design
10
requirements during preparation of plans and specifications by
regulatory entities and/or agencies,or the OWNER,the ENGINEER
shall be compensated for such extra services and expense,which
servicesandexpense 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
2.35,and reimbursement for direct nonlabor expense and subcontract
expense at invoice cost plus a 10%service charge.
SECTION IX
OWNERSHIP OF DOCUMENTS
All original drawings,specifications,reports,etc.,for
PROJECTS which are executed andthe ENGINEER has received compensa
tion in full,shall remain in the possession of the ENGINEER for as
long as this contract shall exist with copiesbeing furnished to
OWNER upon request.Upon termination,the OWNER shall beprovided,
if requested,all original construction drawings,original copies
of construction specifications,all original survey plats or ease
ments,sites,and/or rights-of-ways with accompanying field note
descriptions,and original copies of anyreports which have been
prepared bythe ENGINEER for the benefit of theOWNER,subject to
the ENGINEER having receivedcompensation in full.The OWNER shall
reimburse the ENGINEER for any expensesincurred in assembling and
delivering the data requested.The ENGINEER reserves the right to
keep reproducible copies of the items provided to the OWNER as set
forth immediately above.Itis mutually agreed that the OWNER will
use the information provided solely in connection with the PROJECT
and not for the purpose of making subsequent extensions or enlarge
ments thereto which would appear to be identical to the original
PROJECT.In the event the OWNER should use the information provid
ed for subsequent extensions and/or enlargement (without the con
sent of the ENGINEER and compensation to the ENGINEER for such
additional usage)the OWNER assumes all liabilities and will indem-
11
nify the ENGINEER from anydamages or losses suffered by the OWNER
orany other third party resulting from such usage.
SECTION X
TERMINATION
Either party tothis Agreement may terminate the Agreement by
giving tothe otherparty thirty (30)days'notice in writing.
Upon delivery of suchnotice by the OWNER to the ENGINEER,and upon
expiration of the thirty (30)day period,the ENGINEER shall dis
continue all services in connection with the performance of this
Agreement.As soon as practicable after receipt of notice of ter
mination,the ENGINEER shall submit a statement,showing in detail
the services performed under this Agreement to the date of termina
tion.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 beenpreviously made.Reproducible copies of all partially
completed plans and specifications for which payment has been re
ceivedby the ENGINEER that wereprepared under this Agreement
shall be delivered to OWNER when,and if,this Agreement is termi
nated,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 damagesbecause of bodily injury including personal injury,
sicknessor disease,or death of any of his employees or if any
other person than his employees,andfrom claims for damages be
cause of injury to,or destruction of,tangible property including
loss of use resulting therefrom.
12
SECTION XII
SUCCESSORS AMD ASSIGNMENTS
The OWNER and the ENGINEER each binds himselfand his succes
sors,executors,administrators,and assigns to the otherparty 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 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 personnelliability on the part of any
officer or agent of any public body which may be a party hereto.
IN TESTIMONY OP WHICH this instrument has been executed on
behalf of the above-named ENGINEER,and has been executed on behalf
of the OWNER in four (4)counterparts,each of equal force,on the
day and year first abovewritten.
CITYOF BAYTOWN,TEXAS
jayor Emmett 0.Hutto
ATTEST:
BUSCH,HUTCHISON AND ASSOCIATES,INC.
Bv:JaiftS P.Hutchison,pTe.
Prfeeident
ATTEST:
(Seal)
13
EXHIBIT A
TO AGREEMENT FOR ENGINEERING SERVICES
Duties,Responsibilities,and Limitations of the Authority of Resi
dent Project Representative
A
GENERAL
Resident Project Representative is ENGINEER'S Agent and shall act
as directed byand under the supervision of ENGINEER.He shall
confer with ENGINEER regarding his actions.His dealings in mat
ters pertaining to the on-site work will,in general,be onlywith
ENGINEER and CONTRACTOR.His dealings with subcontractors will
only be through,or with the full knowledge and consent of,CON
TRACTOR or his superintendent.He shall generally communicate with
OWNER only through,or as directed by,ENGINBER.
B
DUTIES AND RESPONSIBILITIES
Resident Project Representative shall:
1.Schedules;Review progress schedule,schedule of shop
drawing submissions,schedule of values and other schedules
prepared by CONTRACTOR.Advise ENGINEER orany obvious errors
oromissions.
2.Conferences!Attend preconstruction conferences.Advise
ENGINEER of need for job conferences and/or other site related
meetings.Attend meetings/conferences and keep notes of mat
ters discussed,date and time,and persons attending.
3.Liaison;
a.Serve as ENGINEER'S liaison with CONTRACTOR,working
principally through CONTRACTOR'S superintendent and as
sist him in understanding the intent of the Contract
Documents.Assist ENGINEER in serving as OWNER'Sliaison
with CONTRACTOR when CONTRACTOR'Soperations affect
OWNER'S on-site operations.
b.As requested by ENGINBER,assist in obtaining from
OWNER additional detailsor information,when required at
thejob site for proper execution of the work.
c.In the interest of preserving the properchannels of
communication,advise ENGINEER of any direct communica
tion between OWNER and CONTRACTOR.
4.Shop DrawinaB and Samples;
a.Receive and recorddate of samples which are fur
nished at the site by CONTRACTOR for ENGINEER'S approval,
and deliver,if possible,site submitted samples toENGI
NEER for examinationand approval/disapproval.
b.Advise ENGINEER andCONTRACTOR,or his superinten
dent,immediately of the commencement of any work requir
ing a shop drawing or sample submission if the shop draw
ing or submission has not been approvedby ENGINBER.
5«Review of Work.Reaction of Defective Work.Inspection,
and Tests;
a.Conducton-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 the anticipated completed work will subsequently
conform to the Contract Documents.
14
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
b.Report to ENGINEER whenever he believes thatany work
is unsatisfactory,faulty or defective,or does not con
form to the Contract Documents,or has been damaged,or
does not meet the requirements of any tests or approvals
required.Advise ENGINEER when he believes work should
be corrected or rejected,or should be uncovered for
observation,or requires special testing.
c.Schedule with CONTRACTOR dates and time of equipment
startup,system's testing and instruction sessions for
OWNER'S personnel for operating and maintenance proce
dures.Advise ENGINEER of schedules.Verify that such
tests,startups,and instructions as requiredby the
Contract Documents are performed by the CONTRACTOR.Keep
accurate reports of procedure andresults and submit same
to ENGINEER for review and approval/disapproval.
d.Accompany OWNER andother visiting personnel representingpublicorotheragencieshavingjurisdictionon
site tours.Keep record of these tours and report any
comments or instructions to the ENGINEER.
?•*'}t*?rpTf3ati'ol>of Contraet Poomnantm Transmit to CONTRACTORclarificationandinterpretationoftheContractDocumentsasissuedbyENGINEER.
7*Modifications;Consider and evaluate CONTRACTOR'S suggestionsformodificationsindrawingsorspecificationsand
report them with recommendations to ENGINEER.
8.Records!
a.Maintain orderly files for correspondence,reports of
job conferences,shop drawings,and sample submissions,reproductions of originalContract Documents including
all addenda,change orders,additional drawings issuedsubsequenttotheexecutionoftheContract,ENGINEER'SclarificationsandinterpretationsoftheContractDocuments,progress reports,and other PROJECTrelated docu
ments.
b.Keepa diary or log book recording hours on the jobsite,weather conditions,datarelative to questions of
activit?«deduc*iOn8'li8t of principal visitors,daily?*7 t 'decisions»observations in general,and specificobservationsinmoredetailasinthecaseofob
servingtest procedures.
CDHTRAcSSf^T'*dd"88e8'and telephone numbers of allCONTRACTOR(S),subcontractors,and major suppliers ofequipmentandmaterials,including CONTRACTOR"f emergency(after normal work hours)personnel.agency
iiJ^*1"ENGINEER whenever CONTRACTOR is not currentlymaintaininganup-to-date copy of recorddrawings at the
9.Reports:
ily reports to ENGINEERcommencing on day
ance with the approved progresrschedulfS^othf/sShed-
15
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
b.Consult with ENGINEER in advance of scheduled major
tests,inspections conducted by others,or start of im
portant phases of the Work.
10•Payment Requisitions a Review applications for payment
with CONTRACTOR for compliance with the established pro
cedure for their submission andforward them with recom
mendations to ENGINEER,noting particularly their rela
tion to the schedule of values,work completed,and mate
rials and equipment delivered at the site.
H«Guarantees.Certificates.Maintenance and Operation Manu
als;During the course of the work,verify that guaran
tees,certificates,maintenance and operation manuals,
and other data required tobe assembled and furnished by
CONTRACTOR are applicable to the items actually in
stalled.
12.Completion;
a.Before ENGINEER issues a Certificate of Completion,
submit to CONTRACTOR a list of observed items requiring
correction.
b.Conduct final inspection in the company of ENGINEER,
OWNER,and CONTRACTOR and prepare a final list of items
tobe corrected.
c.Verify that all items on final list have been cor
rected and make recommendations to ENGINEER concerning
completion.
C
LIMITATIONS OF AUTHORITY
Except upon written instructions of ENGINEER,Resident Project
Representative:
1.Shall not authorize any deviation from the Contract Docu
ments or approve any substitute materials or equipment.
2.Shall not undertake any of the responsibilities of CON
TRACTOR,subcontractors,or CONTRACTOR'S superintendent.
3.Shall not expedite work forthe CONTRACTOR.
4.Shall not adviseon or issue directions as toany aspect
of the means,methods,techniques,sequences,or proce
dures of construction unless such is specifically called
for in the Contract Documents.
5.Shall not advise on orissue directions as tosafety
precautions and programs in connection with the work.
6.Shall not authorize OWNER to occupy the Project in whole
or in part.
7.Shall not participate in specialized field or laboratory
tests or inspections conducted by others.
8.Shall not assist CONTRACTOR in maintaining up-to-date
copy of record drawings.
16
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
9.Shall not serve as liaison for legal mattersbetween
OWNER and CONTRACTOR nor become involved in any such typediscussions.
10.Shall not discuss,or make reference to,with either the
OWNER or the CONTRACTOR,liquidated damages due to delays.
17
EXHIBIT B
TO AGREEMENT FOR ENGINEERING SERVICES
I.Classification A is intended to apply to assignments of which
thefollowing are typical examples:
Water,sewage,and industrial waste treatment plants
Low cost,orcomplicated,waterfront and marine terminal fa
cilities
Complicated dams
Small bridges and bridges which are complicated byinvolved
geometric and unsymmetrical features,or which require loca
tion and/or alternate design studies
Grade crossing eliminations
Urban streets and freeways,including related drainage facilities
Sanitary sewer lines under 30-inch diameter including force
mains
Water distribution lines under 24-inch diameter
Pumping stations (storm water,wastewater,and potable water)
Storm sewerunder 72-inch diameter or equivalent rectangular
size
Foundations
Any other type facilities not included in Classification B
II.Classification B is intendedto apply to less complicated assignmentsofwhichthefollowingareexamples:
Storm sewers 72-inch diameter and larger orequivalent rectan
gular size
Sanitary sewage collection lines 30-inch diameter and larger
Water distribution lines 24-inch diameter and larger
Simple bridges and other structures of straightforward or
conventional design
Dams of average complexity
Airport paving and grading
Irrigation works,except pumping plants
Levees and flood walls,conventional
Earthwork and dredging
Highways and rural roads,except low-cost rural roads
Retaining walls and bulkheads,conventional
Water StorageTanks
Water Wells
18
TABLE A
TABLE OF MEDIAN COMPENSATION
Construction cSarge Engineering
Coat fPercent)Dollars
5 ns'SSS ]°n'B0 *16'200175,000 10.57 IB AQR
200,000 10.34 20 680225,000 10.U 22 748250,000 -"",748
275,000
300'000 9.40 28 200350,000 9 27 WaaI
10
9
9
9
9
9
9
8
8
8
8
8
8
8
7
7
7
7
7
7
7
7!
6,
61
61
6 i
6.
6.
6.
6.
6.
6.
6.
6.
6.
6.
6.
5.
.11
.88
.64
.40
.27
.14
.01
.88
.75
.62
.49
.37
.23
.10
.97
.84
.72
.60
.53
\H
'.24
!03
.96
.88
!74
,67
60
52
45
38
30
25
19
13
07
00
90
36,560
40,545
44,400
-«•>»,v.wv U.75 4OIOC600/000 8 62 |?'H?Gennnn 31,/zU650,000 8.49 55|1B5
58,520
85o'oo°797 f?'!!J900'000 7 84 52'IJo950,000 70.560
1,000,000
1,250,000
1,500,000
1,750,000
2,000,000
2,250,000
2,500,000
2,750,000
^rtrt A AA A ~A «7 ^a
210,900
226,200
240,800
255,375
269,600
283,475
297,000
i;5SS;SSS :5 500 000 f*fS 334,95060000006^2 346'5007000000H!375,0008000,000 !*}!433,3009,000 000 I'll 490,400
10,000 000 fi'oo 546,30020000000I'll 600,0005*90 1,180,000
19
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