Ordinance No. 6,660930608 --1
ORDINANCE N0. 6660
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH
LANGFORD ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING
SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF THE
EXPANSION OF THE WEST DISTRICT WASTEWATER TREATMENT
PLANT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF FIVE HUNDRED TWELVE THOUSAND SEVEN HUNDRED AND
N01100 DOLLARS ($512,700.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to an
Agreement with Langford Engineering, Inc. for professional
engineering services related to the design and construction of the
expansion of the West District Wastewater Treatment Plant. A copy
of said agreement is attached hereto, marked Exhibit "A," and
made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment to Langford Engineering, Inc. of the sum of
FIVE HUNDRED TWELVE THOUSAND SEVEN HUNDRED AND NO 1100 DOLLARS
($512,700.00), pursuant to the Agreement.
Section 3: 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 8th day of June,
1993.
PETE C. ALFARO, Mayor
ATTEST:
EILEEri P. HALL, City Clerk
6TMACIO RAMIREZ, ., City Attorney
legaUcouncil /6- 8- 93ewdKIaMfordENG
THE STATE OF TEXAS §
AGREEMENT FOR ENGINEERING SERVICES
COUNTY OF HARRIS §
THIS AGREEMENT :Wade, entered into, and executed this the
day of , 1993, by and between the City of
Baytown, Harris County, Texas, acting herein by and through its
Mayor who is duly authorized so to act for and in behalf of said
City, hereinafter called the "OWNER ", and Langford Engineering,
Inc., hereinafter called the "ENGINEER ".
WITNESSETH, that whereas the OWNER intends to construct
certain Wastewater System Improvements (West District W.W.T.P. [ADF
4.0 mgd] with effluent force main and 8" process wastewater dis-
charge force main) as setforth in the City's U. S. Economic Devel-
opment Administration (EDA) Project No. 08- 01- 02812, and to have
benefit of other professional engineering services as related to
the above specified wastewater system improvements designed in
accordance with the intent of the Grant Agreement between the OWNER
and EDA; all of which constitutes the "PROJECT ". In event this
PROJECT is not partially funded by the EDA, then the required engi-
neering services for the PROJECT will be performed in accordance
with the Agreement for Engineering Services dated August 2, 1991.
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.
1
EXHIbi l A
SECTION II
CHARACTER AND EXTENT OF SERVICES
The ENGINEER shall render the following professional
services necessary for the development of the PROJECT:
A. Design Phase
( 1) Attend preliminary conferences with the OWNER regarding
the PROJECT.
{ 2) Prepare, when necessary, preliminary engineering stud-
ies and reports on various components of the PROJECT in
sufficient detail to indicate clearly the problems
involved and the alternate solutions, if any, available
to the OWNER; this may include preliminary layouts,
sketches, and cost estimates for a particular component
of the PROJECT, and, if applicable, set forth clearly
the ENGINEER'S recommendations.
( 3) Furnish the OWNER copies of all preliminary layouts,
sketches, and cost estimates.
( 4) Establish the scope of any soil and foundation investi-
gations or any special testing which, in the opinion of
the ENGINEER, may be required for the proper execution
of the PROJECT; and arrange for the conduct of such
investigations and test.
{ 5) Furnish to the OWNER, where required by the
circumstances of the assignment, the engineering data
necessary for the applications for routine highway
crossings, railroad crossings, county permits, detailed
applications and supporting documents for waste dis-
charge permit, and engineering data for state and /or
federal government grants.
( 6) Perform field surveys to collect information which, in
the opinion of the ENGINEER, is required in the design
of the PROJECT.
( 7) Prepare detailed Specifications and Contract Drawings,
in ink on myiar, for the three (3) phases of the PRO-
JECT as identified hereinbefore. These designs shall
in all respects combine the application of sound engz--
neering principles with a high degree of economy and
shall be submitted to the applicable regulatory agen-
cies having jurisdiction for approval.
8) Prepare and submit for approval to the applicable regu-
latory agencies having jurisdiction a Final Design
Report showing all pertinent design calculation and
other required engineering data.
{ 9) Prepare detailed cost estimates and proposals for each
construction phase which shall include summaries of bid
items and quantities which will be based, wherever
practical, on the unit price system of bidding. The
ENGINEER will use his best efforts to see that these
estimates reflect current costs for similar work in the
PROJECT area, but he shall not be required to guarantee
their accuracy.
(10) 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 rates as setforth in applicable
provisions of Section VI, Paragraph C (1).
B. 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 PROJECT
and recommend to the OWNER as to the proper action on
all proposals received.
( 3) Consult with and advise OWNER as to the acceptability
of subcontractors and other persons and organizations
proposed by the prime Contractor(s) for those portions
of the work as to which such acceptability is required
by the Contract Documents.
( 4) Consult with and advise OWNER as to acceptability of
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) Perform construction staking (layout) based on Contract
Document's requirement for use of Contractors employed
by the City to construct each phase of the PROJECT.
( 7) 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
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 quality or quan-
tity of the work 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
are determined by the Contract Documents. The ENGINEER
will be responsible for reporting to the OWNER any
failure of the Contractor(s) to perform the construc-
tion work in accordance with the Contract Documents.
On the basis of on -site observations as experienced and
qualified design professionals, the ENGINEER will also
keep the OWNER informed of the extent of progress 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 course
of construction, and, may, on behalf of the OWNER,
execute whatever rights the OWNER may have to disap-
prove work and materials as 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 the 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 Contractor(s) shall
never relieve the Contractor(s) for liability therefore
or subject the ENGINEER to any liability for any such
defects or deficiencies.
( 8) 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 surveys. The authority and
duties of such resident Project Representative(s) are
to conduct continuous on -site observations of the work
in progress for the ENGINEER to determine that the
PROJECT is proceeding in general compliance with the
Contract Documents, and report to the OWNER any work
that should be rejected or specifically tested, or any
work that should be stopped when it appears that the
completed PROJECT may not comply with the requirements
of the Contract Documents. However, the authority to
stop work is solely the OWNER'S responsibility. 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 re-
sponsibility to perform the work in accordance with the
Contract Documents, the ENGINEER is not responsible or
liable for the Contractor's failure to do so, and, so
long as ENGINEER has exercised the usual degree of care
and prudent judgment in selecting Project Representa-
tive(s). Failure by any Project Representative(s), or
other personnel engaged in on- the -site observation to
discover defects or deficiencies in the work of the
Contractors) shall never relieve the Contractors) for
liability therefore or subject the ENGINEER to any
liability for any such defects or deficiencies. The
duties, responsibilities, and limitations of the au-
thority of resident Project Representatives are more
fully setforth in the attachment hereto (Exhibit A).
( 9) Check and approve samples, catalog data, schedules,
shop drawings, laboratory, shop and mill test of mate-
rials and equipment, and other data which the Contrac-
tor(s) are required to submit, only for conformance
with the design concept of the PROJECT and compliance
with the information given by the Contract Documents;
and assemble written guarantees which are required by
the Contract Documents.
(10) Consult and advise with the OWNER during construction;
issue all engineering instructions to the Contractors)
requested by the OWNER; and prepare routine change
orders as required. However, it is OWNER'S responsi-
bility to review Contractor's payroll and, if neces-
sary, enforce Contractor's conformance with minimum
wage scales as established by the U. S. Department of
Labor for this PROJECT.
(11) Prepare monthly and final estimates for payment to
Contractor's). Advise OWNER of any known outstanding
claims of subcontractors and suppliers.
(12) Supervise initial operational start -up of the PROJECT,
and witness performance test(s) required by the Con-
tract Documents.
(13) Conduct, in company with the OWNER and Contractor, a
final inspection of each particular phase of the PRO-
JECT for conformance with the design concept of the
PROJECT, and compliance with the Contract Documents,
and approve in writing final payment to the Contrac-
tor(s).
(14) Based on available records, the ENGINEER shall revise
the Contract Drawings to show as accurately as possi-
ble, the work as actually constructed, and furnish the
OWNER with one set of reproducible drawings.
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 additional engi-
neering services not included in this Agreement, 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 condition, the written autho-
rization will follow the verbal authorization and be transmitted at
a subsequent date.
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the
OWNER and the ENGINEER and shall remain in force for a period which
may reasonably be required for studies and reports, design, award
of Contracts, and the construction of the PROJECT, including extra
work and any required extensions thereto. The final acceptance by
the OWNER of each construction contract in the PROJECT shall serve
as evidence of engineering completion under this contract, insofar
as they pertain to that section (phase) of the PROJECT.
5
SECTION V
COORDINATION WITH OWNER
The ENGINEER shall hold periodic conferences with the
OWNER, or its representatives, to the end that the PROJECT, as
perfected, shall have full benefit of the OWNER'S experience and
knowledge of existing needs and facilities, and be 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 services to be rendered
by the ENGINEER, the OWNER shall pay, and the ENGINEER shall re-
ceive the compensation hereinafter setforth, for the Engineering
Services as setforth hereinbefore in Section II. All remittances
by OWNER of such compensation shall either be mailed or delivered
to the ENGINEER'S office in Houston, Harris County, Texas.
In the event that proposals for construction of any of
the work authorized in the Design Phase are not received within 150
days after submission of completed Contract Drawings and Specifica-
tions to the OWNER by the ENGINEER, the total lump sum fee (remain-
ing balance) for this phase of the PROJECT will be due and payable.
No reduction shall be made from the lump sum fees on account of
penalties, or liquidated damages, or other sums withheld from Con-
tractor's payments.
A. Fees for Basic Engineerina Services:
( 1) Basic Design Phase: Lump sum amount of Two Hundred
Forty -Three Thousand Seven Hundred Fifty Dollars
($243,750.00) to be paid in monthly increments based on
the ENGINEER'S estimate of value of work completed.
( 2) Basic Construction Phase: Lump sum amount of Eighty -One
Thousand Two Hundred Fifty Dollars ($81,250.00) to be
6
paid monthly based on the value of construction complet-
ed.
B. Fees for Other Engineering Services:
( 1) Geotech Investigation and Report: Lump sum amount of
Eleven Thousand Five Hundred Dollars ($11,500.00) to be
paid in increments based on the ENGINEER'S estimate of
value of work completed.
{ 2) Construction Stakeout: Lump sum amount of Six Thousand
Five Hundred Dollars ($6,500.00) to be paid in monthly
increments baspd on the ENGINEER'S estimate of value of
work completed.
( 3) Amended Wastewater Discharge Permit: Lump sum amount of
Seventeen Thousand Five Hundred Dollars ($17,500.00) to
be paid in monthly increments based on the ENGINEER's
estimate of value of work completed. (Note: Fee is
based on uncontested permit. If permit is contested,
ENGINEER will be entitled to additional compensation as
determined in SECTION VI, Paragraph C (3) , hereinafter.)
( 4) Design Topographic Survey: Lump sum amount of Ten Thou-
sand Eight Hundred Dollars ($10,800.00) to be paid in
monthly increments based on the ENGINEER'S estimate of
value of work completed.
( 5) Other engineering for the extension of the B" Enichem
force main: Lump sum amount of Eleven Thousand Dollars
($11,000.00) to be paid in monthly increments based on
the Engineer's estimate of the value of work completed.
{ 6) As -Built Measurements and Preparation of Record Draw-
ings: Lump sum amount of Ten Thousand Dollars
($10,000.00) to be paid in monthly increments based on
the ENGINEER'S estimate of value of work completed.
( 7) Field Representative During Construction: Lump sum
amount of One Hundred Twelve Thousand Dollars
($112,000.00) to be paid in monthly increments based on
the ENGINEER'S estimate of value of work completed.
(Note: Fee is based on a total construction time for
all three phases of the PROJECT of eighteen [18] months.
If construction period exceeds the time (eighteen (18)
months] for the reasons setforth in SECTION VI, Para-
graph C. hereinafter, the ENGINEER will be entitled to
additional compensation as determined therein.)
(8) Laboratory Testing: Lump Sum amount of Eight Thousand
Four Hundred Dollars ($8,400.00) to be paid in monthly
increments based on the ENGINEER'S estimate of value of
work completed.
C. Fees for special services; that is, for engineering services
not specifically setforth in SECTION II hereof, when autho-
rized under Section III hereof, and as setforth in Paragraphs
A and S of this Section will be billed to the OWNER in accor-
dance with the following paragraphs:
( 1) Charges for Plans and Specifications in excess of ten
(10) sets as required under SECTION II, Paragraph A.(10)
will be billed at the rate of ten cents ($0.10) per
printed page of Bid Documents, Contract Documents, Tech-
nical Specifications and Appendices. Plans (drawings)
will be billed at the rate of fifteen cents ($0.15) per
square foot of blue -line prints.
( 2) Assistance to OWNER as an expert witness in any litiga-
tion with third parties arising from development or
construction of the PROJECT: Eight Hundred Dollars
($800.00) per diem for each day or part thereof plus
travel and lodging expense at cost in which ENGINEER'S
presence is required by OWNER in court and /or for liti-
gation preparation.
( 3) Charges for other Special Services, such as those listed
in Paragraph C (4) below, will be computed as follows:
(a) Labor: Actual payroll cost plus fringe benefit
factor plus overhead factor and with fifteen' (15 )
percent for profit added. (Note: for the cur-
rent fiscal year [1992] the fringe benefit factor
is Twenty -Two point Three [22.3] percent and the
overhead factor is Seventy -Three point Five
[73.5] percent. These factors are changed annu-
ally based on a fiscal year end financial analy-
sis prepared by an independent C.P.A. firm.)
(b) Mileage: Actual mileage to be charged at a rate
not to exceed the maximum allowed by I.R.S. regu-
lations.
(c) Materials, Supplies, Long - Distance Phone Calls,
Etc.: At actual cost.
(d) Subcontract Services: At actual cost.
( 4) Other types of Special Services, for which the ENGINEER
will be compensated in accordance with Paragraph C. (3)
above, are as follows:
(a) Preparation of any special reports required for
marketing bonds.
(b) Appearances before regulatory agencies including
appearances before the T.W.C. in connection with
a contested wastewater discharge permit.
(c) Special investigations involving detailed consid-
eration of operation, maintenance, and overhead
expenses; preparation of rate schedule, earnings
and expense statements, special feasibility stud-
ies, appraisals, valuations, and material audits
or inventories required for certification of
force account construction performed by the OWN-
ER.
(d) Additional or extended services during construc-
tion made necessary by any of the following:
[1] Work damaged by fire, hurricane, or other
causes during construction.
12] A significant amount of defective or negli-
gent work of any Contractor.
[3] Prolongation of total contract time (18
months for all three phases) by more than
ten (10) days.
14] Acceleration of Contractor's work schedule
involving services beyond normal work
hours.
153 Default by Contractor and subsequent
involvement with surety company for comple-
tion of construction.
8
SECTION VII
TIMES OF PAYMENT
All statements for services performed shall be due and payable at
the principal office of the ENGINEER by the thirtieth day following
date of invoice. If the OWNER fails to make any payment due the
ENGINEER on account of his services and expenses 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 to the OWNER, such
revisions of the preliminary drawings as may be required to meet
the needs of the OWNER, but after a definite plan developed for the
purpose of obtaining required permits, or at the conclusion of the
Design Phase has been approved by the OWNER which, for its proper
execution, involves extra services and expenses for changes in, or
addition to, the drawings, specifications, or other documents, or
if the ENGINEER is put to labor or expense by delays imposed on
them from causes not within their control, such as by the readver-
tisement of bids, change of design 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 con-
sidered as covered by the lump sum fee stipulated in this Agree-
ment. Compensation for such extra services shall be in accordance
with Section VI, Paragraph C (3).
9
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-
nify the ENGINEER from any damages or losses suffered by the OWNER
or any other third party resulting from such usage.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement by
giving to the other party thirty (30) days' notice in writing.
Upon delivery of such notice by the OWNER to the ENGINEER, and upon
expiration of the thirty (30) day period, the ENGINEER shall dis-
10
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 been previously made. Reproducible copies of all partially
completed Plans and Specifications for which payment has been re-
ceived by the ENGINEER that were prepared 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 damages because of bodily injury including personal injury,
sickness or disease, or death of any of his employees or if any
other person than his employees, and from claims for damages be-
cause of injury to, or destruction of, tangible property including
loss of use resulting therefrom.
SECTION XII
SUCCESSORS AND ASSIGNMENTS
The OWNER and the ENGINEER each binds himself and his succes-
sors, executors, administrators, and assigns to the other party of
this Agreement, and to the successors, executors, administrators,
and assigns of such other party, in respect to all covenants of
this Agreement, except as above, neither 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
11
construed as creating any personnel liability on the part of any
officer or agent of any public body which may be a party hereto.
SECTION XIII
ECONOMIC DEVELOPMENT ADMINISTRATION REQUIREMENTS
In order to meet the conditions of the Grant Agreement between
the OWNER and the U.S. Economic Development Administration, the
character and extent of services in Section II is amended by Exhib-
it B of this Agreement which supplements Section II. In case of
conflict between Exhibit B and any section of this Agreement, the
requirements of Exhibit shall govern.
IN TESTIMONY OF 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 above written.
ATTEST:
City Clerk, Eileen P. Hall
(Seal)
ATTEST:
Gwendolyn L. Hundley
Ass't. Secretary
(Seal)
CITY OF BAYTOWN, TEXAS
Mayor
LANGFORD ENGINEERING, INC.
By:
C. Dieter Ufer, P.E.
Vice President
12
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.
S
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.
C. 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
furnished at the site by CONTRACTOR for ENGINEER'S ap-
proval, and deliver, if possible, site submitted samples
to ENGINEER for examination and approval /disapproval.
b. Advise ENGINEER and CONTRACTOR, 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 approved by ENGINEER.
5. Review of Work Rejection of Defective Work Inspection,
and Tests:
a. Conduct on -site observations of the work in progress
to assist ENGINEER in determining that the Project is
proceeding in accordance with the Contract Documents and
that the anticipated completed work will subsequently
conform to the Contract Documents.
13
EXHIBIT A (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
b. 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 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, shop drawings, and sample submissions,
reproductions of original Contract Documents including
all addenda, change 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, 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 materials, including CONTRACTOR'S emergency
(after normal work hours) personnel.
d. Advise ENGINEER whenever CONTRACTOR is not currently
maintaining an up -to -date copy of record drawings at the
site.
4. Reports:
a. Submit daily reports to ENGINEER commencing on day
construction starts and ending on day construction is
completed. Keep ENGINEER advised of CONTRACTOR'S compli-
ance with the approved progress schedule and other sched-
ules.
14
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: 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 0 eratzon 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
installed.
12. Commotion:
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
copy of record drawings.
15
EXHIBIT A (CONT'n)
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.
16
EXHIBIT B
TO AGREEMENT FOR ENGINEERING SERVICES
The agreement for Architect /Engineer services shall provide an
adequate basis for the Grantee to require the Architect /Engineer
to:
1. Design the project in accordance with the intent of the
Loan and /or Grant Agreement between the Grantee and EDA.
2. Redesign the project in the event the preliminary cost
estimate, the final cost estimate, or the lowest respon-
sive bid less deductive alternates, exceeds the funds
available by an amount or percentage to be mutually
agreeable to the Grantee and the Architect /Engineer.
3. Design any sewage treatment or other sewage facility so
that a certificate can be obtained from the Environmen-
tal Protection Agency (EPA) as required by Section 106
of the Public Works and Economic Development Act of
1965.
4. Include in all Contracts and Subcontracts of amounts in
excess of $100,000 a provision which requires compliance
with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.
1857(h)), Section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protec-
tion Agency regulations (40 CFR, Part 15), which prohib-
it the use under nonexempt Federal Contracts, grants, or
loans of facilities included on the EPA List of Violat-
ing Facilities. The provisions shall require reporting
of violations to the EDA and to the U.S. Environmental
Protection Agency Assistant Administrator for Enforce-
ment.
5. Include in all Contracts and Subcontracts other than for
small purchases (procurement of services, supplies, or
other property costing in the aggregate not more than
$10,000) provisions or conditions which will allow for
administrative, contractual, or legal remedies in in-
stances where Contractors violate or breach Contract
terms, and provide for such sanctions and penalties as
may be appropriate.
6. Include in all Contracts in excess of $10,000 suitable
provisions for termination by the Grantee including the
manner by which it will be affected and the basis for
settlement. In addition, such Contracts shall describe
conditions under which the Contract may be terminated
for default as well as conditions where the Contract may
be terminated because of circumstances beyond the con-
trol of the Contractor.
7. Include in all Contracts in excess of $10,000 a provi-
sion requiring compliance with Executive Order 11246,
entitled "Equal Employment Opportunity ", as amended by
Executive Order 11375, and as supplemented in Department
of Labor regulations (41 CFR, Part 60).
S. Include in all Contracts for Construction or repair a
provision for compliance with the Copeland "Anti. -Kick-
back" Act (18 USC 874) as supplemented in Department of
Labor regulations (29 CFR, Part 3). This Act provides
that each Contractor or subgrantee shall be prohibited
from inducing, by any means, any person employed in the
Construction, completion, or repair of public work, to
give up any part of the compensation to which he /she is
otherwise entitled. The Grantee shall report all sus-
pected or reported violations to EDA.
17
EXHIBIT B (CONT -D)
TO AGREEMENT FOR ENGINEERING SERVICES
9. Include in all Construction Contracts in excess of
$2,000 a provision for compliance with the Davis -Bacon
Act (40 USC 276a to a -7) as supplemented by Department
of Labor regulations (29 CFR, Part 5). Under this Act
Contractors shall be required to pay wages to laborers
and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary
of Labor. In addition, Contractors shall be required to
pay wages not less often than once a week. A copy of
the current prevailing wage determination issued by the
Department of Labor must be included in each solicita-
tion and the award of a Contract shall be conditioned
upon the acceptance of the wage determination. All sus-
pected or reported violations shall be reported to EDA.
Davis -Bacon wage determinations are not applicable to
"Force Account" workers.
10. Include in all Contracts in excess of $2,000 for Con-
struction Contracts and in excess of $2,500 for other
Contracts which involve the employment of mechanics or
laborers a provision for compliance with Sections 103
and 107 of the Contract Work hours and Safety Standards
Act (40 USC 327 -330) as supplemented by Department of
Labor regulations (29 CFR, Part 5). Under Section 103
of the Act, each Contractor shall be required to compute
the wages of every mechanic and laborer on the basis of
a standard work day of eight (8) hours and a standard
work week of forty (40) hours. Work in excess of the
standard work day or work week is permissible provided
that the worker is compensated at a rate of not less
than 1� times the basic rate of pay for all hours worked
in excess of eight (8) hours in any calendar day or
forty (40) hours in the work week. Section 107 of the
Act is applicable to construction work and provides that
no laborer or mechanic shall be required to work in
surroundings or under working conditions which are un-
sanitary, hazardous, or dangerous to his /her health and
safety as determined under construction, safety, and
health standards promulgated by the Secretary of Labor.
These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available
on the open market, or Contracts for transportation or
transmission of intelligence.
11. Include a notice in all Contracts involving research,
development, experimental, or demonstration work requir-
ing that all patentable processes, discoveries, or in-
ventions which arise or are developed in the course of,
or under, such Contract shall be reported to EDA. The
notice will state that EDA has an interest in any such
patentable processes, discoveries, or inventions corre-
sponding to the percentage of total project cost funded
by EDA.
12. Include in all negotiated Contracts (except those award-
ed by small purchase procedures) a provision to the
effect that the Grantee, EDA, the Comptroller General of
the United States, or any of their duly authorized rep-
resentatives, shall have access to any books, documents,
papers, and records of the Contractor, which are direct-
ly pertinent to that specific Contract, for the purpose
of making audit, examination, excerpts, and transcrip-
tions.
18
EXHIBIT B (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
13. Include in all Contracts a requirement that the Contrac-
tor maintain all relevant project records for three (3)
years after the Grantee has made final payment to the
Contractor and all other pending matters are closed.
14. Include in all Contracts a provision recognizing manda-
tory standards and policies relating to energy efficien-
cy which are contained in the State energy conservation
plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94 -165).
15. State a specific timetable in the agreement for:
a. Completing preliminary Plans and associated Cost
Estimates;
b. Completing final Plans, Specifications, and Cost
Estimates;
C. Securing required State and local approvals, and;
d. Completing proposed Contract Documents in a form
sufficient for soliciting bids for construction of
the project.
If the Grantee has executed an Architect /Engineer agree-
ment without such a requirement for a timetable, EDA
shall require that an addendum to the agreement be exe-
cuted to incorporate this requirement.
16. Provide surveillance of project construction to assure
compliance with Plans, Specifications, and all other
Contract Documents. If the Grantee chooses to use the
Architect /Engineer as the project inspector, the
requirements for construction inspection services shall
be clearly defined and a limit placed on the amount the
Grantee is required to pay for such services.
17. Be responsible for any damages arising from any defects
in design or negligence in the performance of the con-
struction inspector, if the inspector is furnished by
the Architect /Engineer. EDA recommends that the
Architect /Engineer be required to take insurance, when
available, to cover liability for such damages.
is. Supervise any required subsurface explorations such as
borings, soil tests, and the like, to determine amounts
of rock excavation or foundation conditions, no matter
whether they are performed by the Architect /Engineer or
by others paid by the Grantee.
19. Attend bid openings, prepare and submit tabulation of
bids, and make a recommendation as to Contract award.
20. Review proof of Bidder's qualifications and recommend
approval or disapproval.
21. Prepare and submit proposed Contract Change Orders when
applicable. There shall be no charge to the Grantee
when the Change Order is required to correct errors or
omissions by the Architect /Engineer. To be eligible for
EDA participation the specific change order must have
express approval from EDA and must have some form of
cost or price analysis performed by the Grantee or the
Architect /Engineer.
19
EXHIBIT B (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
22. Submit a report at least quarterly to the Grantee cover-
ing the general progress of the job and describing any
problems or factors contributing to delay.
23. Review and approve the Contractor's schedule of amounts
for Contract payment.
24. Certify partial payments to Contractors.
25. Assure that a ten percent (10 %) retainage is withheld
from all payments on construction Contracts until final
acceptance by the Grantee and approval by the EDA Re-
gional Office, unless State or local law provides other-
wise.
26. Prepare "as- built" or record drawings after completion
of the project. Reproducible originals will be
furnished to the Grantee within sixty (60) days after
all construction has been completed and the final in-
spection has been performed. One (1) set of copies
shall be furnished to the EDA Regional Office upon re-
quest.
27. Review and approve Contractor's submission of samples
and shop drawings, where applicable.
28. Comply with all applicable provisions of the Regulations
of the United States Department of Commerce (Part 8 of
Subtitle 15 of the Code of Federal Regulations) issued
pursuant to the Civil Rights Act of 1964, in regards to
nondiscrimination in employment because of race, reli-
gion, color, sex, or national origin.
29. Incorporate into the proposed Construction Contract
Documents a designation of all of the different types of
construction which will be used for the project. Such
as Building, Heavy, or Highway in accordance with all
local and State laws and practices. For this purpose
either the Plans, the Specifications, or both shall
clearly delineate where each type of stops and another
starts.
30. Consider in the establishment of the compensation any
cost savings that may be realized through multiple use
of the same design.
31. Provide in all proposed construction Contracts deductive
alternates (additive alternatives will not be approved
by EDA), where feasible, so that should the lowest re-
sponsive base bid for construction of the project exceed
the funds available, deductive alternatives can be taken
to reduce the bid price.
32. Design for access by the handicapped to facilities to be
used by the public in accordance with Public Law 90 -480,
as amended, 42 USC 4151 -4156.
33. Provide sufficient Plans, Specifications, bid sheets,
Cost Estimates, design analysis, and other Contract
Documents required for the project. The number of cop-
ies to be furnished by the Architect /Engineer as part of
his /her compensation for basic services shall be speci-
fied.
20
HIS BIT B (CONT'D)
TO AGREEMENT FOR ENGINEERING SERVICES
34. Use forms for instructions to bidders, general condi-
tions, Contract, Bid Bond, Performance Bond, and Payment
Bond which have EDA approval. All Contract Documents
shall be subject to EDA approval.
21