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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. Z 989g4 4vg4 aas 04 8420;19 4saq sTq asn T TM T , HHHIOHH aus •6uTppTq go tuagsAs aOTzd Tun ag� uo ' E OTg oEa d29Aa1atM 'pasEq aq TTT uOT Jo SaTzEUums a n ouT MgM s9T4TquEnb PuE aua T PTq TTags gDTgM ,uoT4ona4suoo pazTZ -og4nE go sTEsodoad puE 894VMT48a 4800 p9TTE49 P a.zEda.z a (S) •TEAo.zddE ao; 'UOT40TpSTan[ 6uTAE gsaTou . 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(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. 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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 ZT •uro.zJa.zag4 buTPTnsaa asn go s soT buTpnTouT Agzadoad aTgTbupq ';o uoTgona sa 'o P ao 4 Aan[UT go asnEo -aq sabpurpp aoj SMTETo M029 pup 'SaaAoTdme sT uE uos.za .q q� d aaggo Aup JT ao saaAoTdura sTq go Aup go 4pa ' q P ao aspas Tp 20 ssauxoTS 'AanCuT TEuosaad buTpnTouz Aan[UT ITT o P q go asnpoa q s abpurpp aoj smTO PTO 'S4oE uoT4Esuaduroo s,uaurNaoM a9pun uro.z SMTE o oa a�d . T � mT.q � o � TTTM Be aoupansuT Mons uTE4uTPm pup eanoas TTTM HHHNIfwa a S q ��N�rnsNl Ix NOIIDHS •IIHNMO aqq go A4aadoad aq4 aurooaq TTugs aurps aqq put? 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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. 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