Ordinance No. 6,048911022 -3
ORDINANCE NO. 6048
AN ORDINANCE AMENDING THE AGREEMENTS FOR ENGINEERING
SERVICES AND ARCHITECTURAL SERVICES BETWEEN THE CITY OF
BAYTOWN AND BUSCH, HUTCHISON & ASSOCIATES, INC. TO
INCLUDE PHASE I OF THE GOOSE CREEK STREAM DEVELOPMENT
COMMITTEE'S GREENBELT PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Busch, Hutchison and Associates, Inc. was awarded
an Agreement for Engineering Services and Architectural Services
on August 1, 1991; and
WHEREAS, the Administration has decided to add Phase I of
the Goose Creek Stream Development Committee's Greenbelt Project;
NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown
hereby amends the agreements with Busch, Hutchison and
Associates, Inc. for Engineering Services and Architectural
Services to include Phase I of the Goose Creek Stream Development
Committee's Greenbelt Project.
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 22nd day of
October, 1991.
4MTFT�0. HUTTO, "Mayor
ATTEST:
EILEEN P. HALI, City Clerk
NACIO RAMIRE USA.-, City Attorney
C:1:75:18
4
THE STATE OF TEXAS §
AGREEMENT FOR ENGINEERING SERVICES
COUNTY OF HARRIS §
THIS AGREEMENT made, entered into and executed this the
day of August 1991, by and between The City of Baytown,
Harris County, Texas, acting herein by and through its Mayor who is
duly authorized to so act for and in behalf of said City, hereinaf-
ter called "OWNER" , and Busch, Hutchison and Associates, Inc. ,
hereinafter called the "ENGINEER" .
WITNESSETH, that whereas the OWNER-`iritends to ' construct
Street, Bridge, Drainage and Park Improvements as, rice t-forth,,-in* the
City's, 1991 Capital Improvement Program, and -in certain particular
instances to have benefit of professional engineering services not
directly related to any specific street, bridge, drainage or park
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 and the ENGINEER
agrees to perform professional engineering services in connection
with the PROJECT as stated in the sections to follow, and for hav-
ing rendered such services, the OWNER agrees to pay to the ENGINEER
compensation as stated in the sections to follow. The ENGINEER
recognizes and agrees that this is not an exclusive agreement with
the ENGINEER and 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 the OWNER'S
best interest.
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estimates reflect 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 to be paid for
separately by OWNER at current commercial rates.
Ce Construct' o►n-"Pha�se
( 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 PROJECT
and recommend to the OWNER as to the proper action on
all proposals received.
(3) Consult with and advise OWNER as to the acceptability
p Y
of subcontr
actors and other persons and organizations
proposed by the prime Contractor(s) for those portions
of the work as to which such acceptability is required
b the Contract q
Y Documents.
(4 ) Consult with and advise OWNER as to acceptability of
P Y
substitute materials and equipment proposed by Contrac-
tor(s) when substitution is permitted by the Contract
Documents.
(5) Assist in the preparation of formal Contract Documents
for the contracts.
(6) Make periodic visits to the site (as distinguished from
the continuous services of a Project Representative) to
observe the progress and quality of the executed work
and to determine in general if the work is proceeding
g
in accordance with the Contract Documents. The ENGI-
NEER will not be required to make exhaustive or contin-
uous on-site observation to check the qualityor quan-
tityof the work
rk or material, but will be responsible
for making sufficient on-site observations so as to
determine the techniques of the work performed as well
as the sequences of construction, where such sequences
q races
are determined by the Contract Documents. The ENGINEER
will be responsible for reporting to the OWNER any
Y
failure of the Contractor
( ) to perform the construc-
tion work in accordance with the Contract Document
s.
On the basis of on-site observations as
experiencederienced and
qualified design professionals, the ENGINEER will also
keep the OWNER informed of the extent of ro ress
P g of
the work and advise the OWNER of material and substan-
tial defects and deficiencies in the work of Contrac-
tor(s) which are discovered by the ENGINEER, or other-
wise brought to the ENGINEER'S attention in the cour
se
of construction, and, may, on behalf of the OWNER
execute whatever rights the OWNER may have to disap-
prove work and materials as P
failing to conform to the
Contract Documents. It is agreed, however, that the
ENGINEER does not underwrite, guarantee,, or ensure the
work done by the Contractor's) , and, since it is the
Contractor's responsibility to perform the work in
accordance with th Contract Documents, the ENGINEER is
not responsible or liable for the Contractor's failure
to do so. Failure of the ENGINEER to discover defects
or deficiencies in the work of the )
s Contractor( shall
never relieve the Contractor(s) for liabilitytherefore
or subject the ENGINEER �
7 INEER to any liability for any such
defects or deficiencies.
3
(7 ) If specifically authorized by the OWNER in writing,
furnish the services of resident Project Representa-
tive(s) for continuous on-the-site observation of con-
struction. Furnish such other field personnel as re-
quired for •the performance of construction layout sur-
veys and final measurement y •
Y urement 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 s Rep resen-
tative
C ) are to conduct continuous on-site observa-
tions of the work in progress for the ENGINEER to de-
termine that the PROJECT is proceeding in general com-
pliance with the
p Contract Documents, and report to the
OWNER any work that should be rejected or specifically
icall
tested or an work p y
y that should be stopped when it ap-
pears that the completed PROJECT may not comply with
the requirements of the p Y
q e Contract Documents. 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 ensure the work done
by the Contractor(s) , and, since it is the Contracto 'r s
responsibility to perform the work in accordance with
the Contract Documents, the ENGINEER is not responsible p e
or liable for the Contractor's failure to do so an
d,
so long as ENGINEER has exercised the usual judgmentde ree of
care and rudentgp in selecting Project Repre-
sentative(s) . Failure by any Project Re resents-
. tive(s) , or other personnel p
p sonnel engaged in on-the-site
observation to discover defects or deficiencies in the
work of the Con tractor(s) shall never relieve the Con-
tractor(s) for liability therefore or subject ENGI-
NEER y liability ect the ENG ER to an liabili � I
for any such defects or def icien-
cies. The duties, responsibilities, and limitations of
the authority of resident Project Representatives
set p are
more fully
forth in the attachment hereto Exhibit
A) *
(8) Check and approve samples, catalogdata
d , schedules,
shop drawings, laboratory, shop and mill test of mate-
rials and equipment, and other data which th
e Contrac-
tor(s) are required to submit, onlyfor conformance
with the design c rmance
g concept of the PROJECT and compliance
with the information given by the Contract Doc •
n guarantees which are required
and assemble written Documents*
the Contract Documents. by
(9) Consult and advise with the OWNER during 'ing construction;
issue all engineering instructions to the Contract
the OWN or(s)
requested b
Y ER; and prepare routine change
orders as required.
( 10) Prepare monthly and final estimates fo
r payment to Con-
tractor(s) . Advise OWNER of an known outstanding
claims of subcontractorsY. Landing
and suppliers.
( 11) Supervise initial operational start-up
t up of the PROJECT,
and witness performance test s required( ) re u q by the Con-
tra
ct Documents.
( 12) Conduct, in compare with the y OWNER and Contractor, a
final
real inspection of each particular phase p of the PRO-
JECT for confo
rmance with the design concept of the
PROJECT, and compliance with the Contract
and approve in Documents,
pp writing final payment to the Contrac-
tor(s) .
( 13) Based on available records the •
call � , ENGINEER, when specifi-
cally authorized, shall revise the Contract Drawings
show as accuratelyas to
possible, the work as actually
constructed, and furnish the OWNER with one set of re-
4
0
producible drawings. (Field surveys for final quanti-
ties; determination of as-built dAmensions, and revi-
sion of drawings are not included �.n the Basic Charge
for the Construction Phase. )
SECTION III
AUTHORIZATION OF SERVICES .
No professional services of any nature shall be undertak-
en by 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 for the services to be
performed.
(4) A citation of the Act of the City Council under
which the assignment was authorized and the 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,uest, and
the ENGINEER will perform, such engineering services as needed
without having written authorization. Under this emergency condi-
tion,tion, the written authorization will follow the verbal authoriza-
tion and be transmitted at a subsequent date.
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the
OWNER and the ENGINEER and shall remain in force for a period which
may reasonably be required for the preliminary studies and reports,
the design, award of contracts, and the construction of the PRO-
JECT, including extra work and any required extensions thereto.
The final acceptance by the OWNER of each construction contract in
5
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B. Special Assignments and Services Not Included in Above Per-
centage Char es
The charges above described in the Preliminary, Design, and
Construction Phase shall provide compensation to the ENGINEER for
all services called for under this Agreement to be performed b
p y
them, or under their direc
tion, except the services set forth be-
low.
These excluded services and Special Assignments, and the com-
pensation to be paid by the OWNER to the ENGINEER for their perfor-
mance, as required, are as follows: p
q �
Services Basis of Com ensation
( 1) Field surveys to collect Four Man Survey Part - $112- 00/hr
1 Y Y
reformation required for Three Man SurveyPart - $90.00' /hr
de Y
sign. (Preliminary Phase Two Man Survey Party - $75-00/hr
and Design Phase Only. ) No separate charge for normal sur-
veying supplies, equipment, or
transportation. Subcontract ex-
penses at invoice cost plus 10%
service charge.
(2 ) Construction layout Same as set forth in ( 1) above.
survey (Construction Phase
Only. )
(3) Services of a resident Salarycost times multiplier
Project Representative plier of
presentative and 2. 15, no separate charges for nor-
other personnel as required g
q mal equipment, supplies, or trans-
for on-the-site observation portation. Subcontract
expense at
of construction. (Construc- invoice cost plus 10%
p service
tion Phase Only. ) charge.
(4 ) Land surveys and estab- Same as set forth in above.lishment of boundaries and
( 1)
monuments
(5 ) Preparation of property Salary cost times a multiplier of
or easement descriptions. 2 .35. Reimbursement for direct
non-labor expense or subcontract
expense plus a 10% service charge.
(6) Preparation of any special Same as set forth in (5) above,
reports required for marketing
of bonds.
( 7 ) Appearances before regu- Same as set forth
latory agencies,
in (5) above.
(8) Assistance to the OWNER $800.00 per diem
as an expert witness � p for each day, or
p tness in any part thereof, in which ENGINEER'S
litigation with third parties presence is required '
arisingfrom the p q fired by OWNER in
e development court and/or for reon litigation prep-
or construction of the PROJECT, aration,
g p p
(9) Special investigations Same as set for
th in (5) above.
involving detailed considera-
tion of operation, mainte-
nance, and overhead expenses;
preparation of rate schedule,
earnings and expense statements
special feasibility studies,
appraisals, valuations, and ma-
terial audits or inventories
required for certification of
force account construction
performed by the OWNER.
8
e
Services Basis of Compensation
( 10) Soil and foundation in- (a) Furnished directly by the
vestigations, including test OWNER, or (b) by ENGINEER at salary
borings, soil tests, and cost times a multiplier of 2.35 for
analysis of test results, office personnel and a multiplier
of 2 . 15 for field personnel. Reim-
bursement for direct nonlabor
expense or subcontract expense at
invoice cost plus a 10% service
charge.
( 11) Detailed mill, shop, Same as setforth in ( 10) above.
and/or laboratory inspection
of materials or equipment
( 12 ) Extra travel required of Cost of travel and living expense
the ENGINEER and authorized plus a 10% service charge and in-
by the OWNER from City of cluding salary cost times a multi-
Baytown, Texas to points plier of 2.35 for staff employees.
other than Harris County 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 Salary cost times a multiplier of
services during construction 2.35 for office personnel and a
made necessary by ( 1) work multiplier of 2. 15 for field per-
dama ed b fire or other
g Y r sonnel. Reimbursement for direct
causes during construction, nonlabor cost or subcontract ex-
(2) a significant amount of pense plus 10% service charge.
of
defective or negligent work
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 Survey party as setforth in ( 1)
construction projects costing above. Other personnel at salary
less than $150, 000, cost times a multiplier of 2 .35 .
Reimbursement for direct nonlabor
expense or subcontract expense plus
10% service charge.
( 16) Preparation of record Same as setforth in 15 abov
e.
drawings including final field
survey measurements.
SECTION VII
TIMES OF PAYMENT
A. Basic Services
( 1) Preliminary Phase: Partial payments for services in
this phase shall be made monthly, based on the ENGINES 'R S
estimate of the "construction cost" of the work. Payment 'y nt will
9
be made in proportion to that part of the services in the pre-
liminary phase which have been accomplished, as evidenced by
monthly statements submitted by the ENGINEER.
(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 that part of the services in the design phase
which have been accomplished, as evidenced by monthly state-
ments submitted by the ENGINEER.
(3) Construction Phase: Partial payment for services in
this phase shall be made in monthly installments in proportion
to the "construction cost" completed, on the basis of the
ENGINEER'S estimate prepared for monthly payments to the Con-
tractor(s) .
B. S ecial Assignments and Services Not Included in Percenta e
or Basic Services: Payment for special assignments and services
shall be made to the ENGINEER monthly upon presentation of monthly
statements b the ENGINEER of such
Y h services.
"Salary Cost" used as a basis of payment shall mean the sala-
ries and wages paid to principals and employees en a engaged di-
rectly g g ,
on the PROJECT, including, but not limited to engi-
neers, designers, drafts ' • g,g , men, specification writers, field
representatives, and other staff employees involved; plus the
cost of fringe benefits, including, but not 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
PP
the purposes of this Agreement the amount of customaryand
statutorybenefits of all •
personnel will not exceed thirty
(30%) percent of salaries and wages.
All statements for services performed shall be due and payable
at the principal office of •P Y
,P P the ENGINEER by the thirtieth day
following date of invoice. If the OWNER fails to make an
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 lace of business of
the ENGINEER from P
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 to the OWNER P , such
revisions of the preliminary may as drawings be 'g y required q fired to meet
the needs of the OWNER, but after a definite plan devel
oped loped at the
conclusion of the Preliminary Phase has been approved b
pp y the OWNER
which, for its proper execution, involves extra se
rvices and ex-
penses for changes in, or addition to, the drawings, specifica-
tions, g ,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
services and expense shall not be considered as covered by the
percentage charge stipulated in this Agreement. Compensation for
such extra services shall be at salary cost times a multiplier of
2 .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 and the ENGINEER has received compensa-
tion in full, shall remain in the possession of the ENGINEER for as
long as this contract shall exist with copies being furnished to
OWNER upon request. Upon termination, the OWNER shall be provided,
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 any reports which have been
prepared by the ENGINEER for the benefit of the OWNER, subject to
the ENGINEER having received compensation in full* The OWNER shall
reimburse the ENGINEER for any expenses incurred 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, It is 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
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e
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 by and 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 only with
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, ENGINEER.
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 or any obvious errors
or omissions.
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'S liaison
with CONTRACTOR when CONTRACTOR'S operations affect
OWNER'S on-site operations.
b. As requested by ENGINEER, assist in obtaining from
OWNER additional details or information, when required at
the job site for proper execution of the work.
co In the interest of preserving the proper channels of
communication, advise ENGINEER of any direct communica-
tion between OWNER and CONTRACTOR.
4 . Shop Drawings and Samples:
a. Receive and record date of samples which are fur-
nished at the site by CONTRACTOR for ENGINEER'S approval,
PP ,
and deliver, if possible, site submitted samples to ENGI-
NEER for examination and approval/disapproval.
b. Advise ENGINEER and CONTRACTOR, or his superinten-
dent, immediately o P
y f the commencement of any work requir-
ing a shop drawing or sample submission if the shop draw-
ing or submission has not been approved by ENGINEER.
5 . Review of Work,- Rejection of Defective Work Ins ection
and Tests:
a. Conduct on-site observations of the work in
to assist ENGINEER progress
i
In determining that the Project s
proceeding in accordance with the Contract Documents and
that the anticipated completed work will subsequently
conform to the Contract Documents q y
.
14
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
be Report to ENGINEER whenever he believes that any 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 required by the
Contract Documents are performed by the CONTRACTOR. Keep
accurate reports of procedure and results and submit same
to ENGINEER for review and approval/disapproval.
d. Accompany OWNER and other visiting personnel repre-
senting public or other agencies having jurisdiction on
site tours. Keep record of these tours and report any
comments or instructions to the ENGINEER.
6. Interpretation of Contract Documents: Transmit to CON-
TRACTOR clarification and interpretation of the Contract Docu-
ments as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR'S sug-
gestions g
gestions for modifications in drawings or specifications and
report them with recommendations to ENGINEER.
8. Records:
a. Maintain orderly files for correspondence, reports of
job conferences P
, shop drawings, and sample submissions,
reproductions of original Contract Documents including
all addenda change o
g orders, additional drawings issued
subsequent to the execution of the Contract, ENGINEER'S
clarifications and interpretations of the Contract Docu-
ments, progress reports, and other PROJECT related docu-
ments.
b. Keep a diary or log book recording hours on the job
site weather conditions,ons, data relative to questions of
extras or deductions, list of principal visitors, daily
activities decisions observations
in general, and spe-
cific observations in more detail as in the case of ob-
serving test procedures.
c. Record names, addresses, and telephone numbers of all
CONTRACTOR(S) , subcontractors, and major suppliers of
equipment and materia pp
ls, including CONTRACTOR'S emergency
(after normal work hours) personnel.
d. Advise ENGINEER whenever CONTRACTOR is not currently
-to-date co o
maintaining an up-to-date copy f record drawings at the
site.
9. Re orts:
ae Submit daily reports to ENGINEER commencing da
construction starts and g on •y ending on day construction is
completed. Keep ENGINEER advised of CONTRACTOR'S compli-
ance with the approved progress p
pp p gress schedule and other sched-
ules.
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 . av ment Requisitions: Review applications for payment
with CONTRACTOR for compliance with the established pro-
cedure for their submission and forward 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.
11. 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 to be 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
to be 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 for the CONTRACTOR,
4 . Shall not advise on or issue directions as to any 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 or issue directions as to safety
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
-to-date
copy of record drawings,
16
Y
A
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
9 . Shall not serve as liaison for legal matters between
OWNER and CONTRACTOR nor become involved in any such type
discussions.
10. Shall not discuss, or make reference to, with either the
OWNER or the CONTRACTOR, liquidated damages due to de-
lays.
17
a
EXHIBIT B
TO AGREEMENT FOR ENGINEERING SERVICES
I . Classification A is intended to apply to assignments of which
the following are typical examples:
Water, sewage, and industrial waste treatment plants
Low cost, or complicated, waterfront and marine terminal fa-
cilities
Complicated dams
Small bridges and bridges which are complicated by involved
geometric and unsymmetrical features, or which require loca-
tion and/or alternate design studies
Grade crossing eliminations
Urban streets and freeways, including related drainage facili-
ties
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 sewer under 72-inch diameter or equivalent rectangular
size
Foundations
Any other type facilities not included in Classification B
II. Classification B is intended to apply to less complicated as-
signments of which the following are examples:
Storm sewers 72-inch diameter and larger or equivalent 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 Storage Tanks
Water Wells
18
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