Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Ordinance No. 5,944
910801-4 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 toO K J H o o o o o o o o o o o o o o o o o o o o n o n O ft tt 0 ft s H tt tt n u n (D < Q H- s o n ft O I U ) O < I O - > l u a > U > l t O I M I I U I U I » U U M H H O J U » U C M M W » O f t 0 D M U I l U O O O O O O O O O O O O A U I C t O O I ^ O ' J 5 tt a a to h-