HomeMy WebLinkAbout4.g. Approve Engineering Contract Format ;
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******************�*****************MEMO***********************************
DATE: FEBRUARY 2, 1990
T0: r'iAYOR & COUNCILMEMBERS
C/0 CITY ADMINISTRATOR JILK
FROM: CITY ENGINEER/PUBLIC WORKS DIRECTOR HEFTI
RE: ITEM FOR THE FEBRUARX 6, 1990 COUNCIL MEETING
CONSENT AGENDA
Approve Engineering Contract Format
This memo will provide a brief explanation of the need for this agreement
and summarize major points.
The agreement basically for defines responsibilities and expectations
between the consultant and the City.
The basic services that we contract out for are for design of public
improvements and to obtain specialized services, such as water supply or
drainage.
Piy intention for Gouncil approving the farmat to this agreement is to have
a1T our contracts with consultants standardized. This agreement would not
be exclusive to any consultant and could be renewed on an annual basis
based on the satisfactory performance of that particular consultant.
Our City Attorney, Dave Grannis, and myself have reviewed this agreement
and would recommend that Council approve this format. I will then submit
this format to our consultants and upon their execution bring it back to
Council for the appropriate appraval.
Recommended action for Council to consider is to adopt the format for
Agreement for Engineering Services.
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AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF ROSEMOUNT� MINNESOTA
AND
THIS AGREEMENT made as of the day of , 19
by and between the CITY OF ROSEMOUNT, MINNESOTA, hereinafter called the
CITY and
hereinafter called the ENGINEER.
WITNESSETH, the CITY employs a consulting engineer to assist the
• City Engineer relating to investigations, feasibility studies, design
and construction af municipal facilities including observation of the
construction work, resident project representation, staking out of the
work and such miscellaneous field surveys as necessary to advise the
City on issues relating to such municipal facilities. .
NOW, THEREFORE, the CITY and the ENGINEER for the considerations
hereinafter set forth agree as follows:
SECTION I - SERVICES TO BE PERFORMED
A. GENERAL
The ENGINEER shall act as the CITY'S professional engineer
representative as directed by the City Engineer.
B. MEETING ATTENDANCE
The ENGINEER shall attend meetings as directed by the City �',
Engineer. Meetings shall include but are not necessarily limited
to the following:
l. City Council Meetings
2 . Planning and Utility Commission Meetings
3 . Public Hearings
4 . Metropolitan Council Meetings
5. Metropolitan Waste Control Commission Meetings
6. Pollution Control Agency Meetings
7. Court Hearings
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, �
8 . Watershed District Meetings
C. MISCELLANEOUS ENGINEERING SERVICES
� The ENGINEER shall conduct and/or prepare, to City Standards where
applicable and as direeted by the City, the following:
1. Reviews, Investigations and Reports
2 . Feasibility Studies
3 . Plans, specifications and general observation of construction
on projects with construction �costs less than $100, 000.
4 . Assessment Rolls
5. Easement Descriptions
6. Resident Project Representation and construetion staking work.
7. Density/Moisture Tests
8. Revisions to reports, plans, and/or specifications due to
changes in scope of project.
9. Other services rendered not in connection with a specific
Major Project for which the ENGINEER has been retained.
,
� D. MAJOR PROJECTS
For projects with construction costs of $100, 000 or more each, the
ENGINEER shall prepare feasibility reports, plans and
specifications and conduct general observation of construction as
directed by the CITY.
Individual major projects shall be identified and the scope and
detail thereof described in a brief letter proposal submitted by
the ENGINEER to the CITY which letter proposal shall also provide
for the basis for payment to the ENGINEER. Written acceptance
and/or authorizing council action of any proposal submitted will
be required prior to commencing work.
After the ENGINEER has received authorization to proceed with the
final design phase, the ENGINEER shall:
1. On the basis of the approved preliminary documents, prepare
construction drawings and specifications for the Project or
such a portion thereof as outlined by the CITY. Such plans
and specifications shall be prepared in accordance with CITY
requirements and the requirements af those State and/or
Federal Agencies from whom approvals must be obtained.
2 . Advise the CITY of any adjustment of the project cost estimate
caused by changes in scope, design requirements or
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construction cos�, and furnish a revised cost estimate for
the Project based on the completed drawings and
specifications.
3 . Prepare proposal forms and notice to bidders and assist in
the preparation of the contract documents.
4 . Furnish 25 sets of plans and specifications for agency review
and for bidding and construction purposes as a part of this
contract. (Additional sets will be provided in accordance
with the provisions of Section V.D. )
5. Assist the CITY in obtaining and evaluating bids and awarding
contracts for the ,construction of the Project.
Ee OBSERVATION OF CONSTRUCTION
During the observation of construction phase, the ENGINEER shall:.
l, Make sufficient visits to the site at intervals appropriate
to the various stages of construction to observe as an
experienced and qualified professional engineer the progress
and quality of the executed work of the Contractor(s) , and
determine if such work is proceeding in accordance with the
Contract Documents.
During such visits and on the basis of his on-site
observations the ENGINEER will keep the CITY informed of the
progress of the work and will guard against and advise the
CITY regarding defects and deficiencies in the work of the
Contractors. The ENGINEER may disapprove work as failing to
conform to the Contract Documents.
2 . Review samples, schedules, shop drawings, the results of tests
and inspections and other data which the Contractor is
required to submit, but only for conformance with the design
concept of the proj:ect and compliance with the information
given in the Contract Documents. Such review shall not extend
to means, methods, sequences, techniques or procedures of
construction or to safety precautions and programs incidental
thereto. The ENGINEER shall receive and review (for general
content as required by the specification) , maintenance and
operating instructions, schedules, guarantees, bonds and
certificates of inspection which are to be assembled by the
Contractor in accordance with the Contract Documents.
3 . Consult with and advise the CITY, act as the CITY'S
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representative at the Project site, issue all instructions of
the CITY to the Contractor and prepare routine change orders
as required.
_ _. _ �.. _ _
4 . Review the Contractor's Application for Payment, determine
the amount owing the .Contractor and make recommendations to
the CITY regarding the payment thereof.
The ENGINEER'S recommendations are based on his on-site
observations as an experienced and qualified professional
engineer. The recommendations by the ENGINEER constitute a
representation to the CITY that to the best of his knowledge,
information and belief, the work has progressed to the point
indicated on said application and the quality of work is in
accordance with the Contract Documents, subject to the results
of any subsequent test called for by the Contract Documents
and any qualifications stated in his recommendations.
5. Conduct a site visit to determine if the project is
substantially complete and conduct a final site visit to
determine if the work has been completed in accardance with
the Contract Documents. Such site visits may include
representatives from the CITY and/or other involved
governmental agencies. If the Contractor has fulfilled all
of his obligations, the ENGINEER may give written notice to
the CITY that the work is acceptabie for final payment.
F. LIMITATION OF RESPONSIBILITIES
The ENGINEER shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor'or supplier, or any of the
Contractor(s) ' or subcontractor's or supplier's agents or employees
or any other persons (except the ENGINEER'S own employee and
agents) at the site or otherwise furnishing or performing any of
the Contractor's wark; however, the ENGINEER shall not be released
from his liability for failure to properly perform duties and
responsibilities assumed by the ENGINEER in the Contract Document
and this Agreement.
SECTION II - ADDITIONAL SERVICES OF THE ENGINEER
Ao GENERAL
If authorized by the CITY, the ENGINEER shall furnish additional
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services of the following type:
1. Preparation of applications and supporting documents for
government grants, loans or advances in connection with the
. . . . _
project. Preparation or review of environmental assessment
worksheets and environmental assessment impact statements.
� Review and evaluation of any statements or documents prepared
by others and their effect on the requirements of the project.
Assistance in obtaining� approvals from authorities having
jurisdiction over the project.
2 . Additional services due to significant changes in the general
scope of the Project or its design including but not limited
to, changes in size, complexity of character or type of
construction.
3 . Preparing supporting data or other services in connection with
Change Orders if the change is due to causes beyond the
, control of the ENGINEER and is inconsistent with the original
design intent, but not limited to changes in size, complexity,
owner's schedule, or character of construction or method of
financing. -
4. Providing professional services made necessary by the default
of the Contractor or by major defects in the Work of the
Contractor in the performance of the Construction Contract.
5. Providing assistance in the start-up, testing, adjusting and
balancing, preparation of operating and maintenance manuals,
personnel training and consultation during operation of
equipment or systems.
6. Providing construction related services after the Construction
Contract Time has been extended by more than 30 calendar days
through no fault of the ENGINEER.
7o Providing services after issuance to the CITY of the final
Certificate for Payment.
8. Providing services of professional consultants for other than
the normal civil, structural, mechanical and electrical
engineering services for the Project.
9. Preparation of descriptions for permanent and/or temporary
easements.
10. Furnishing the CITY, with a set of reproducible record prints
of the drawings and addendum drawings showing those changes
made during construction process, based on the marked up
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prints, drawings and other data furnished by the Contractor
to the ENGINEER in accordance with the CITY requirements.
Record prints and drawings shall be completed within 45 days
_ _ . -
following receipt by the ENGINEER of the record data from the
Contractor.
li. Serving as an expert witness for the CITY in any litigation
or other proceedings involved in the Project.
12 . Providing services for preparation of preliminary and final
assessment rolls.
13 . Additional services in connection with the Project not
otherwise provided for in this Agreement.
B. RESIDENT PROJECT SERVICES
1. If requested by the CITY or recommended by the ENGINEER, and
approved in writing by the other, 1) one or more full ti,me
resident project representatives (RPR) ,, experienced in the
type of construction proposed, will be furnished and directed
by the ENGINEER in order to provide additional representation
at the Project site during the construction phase a�d, 2) the
ENGINEER will provide necessary field survey personnel
experienced in the type of construction proposed to place
construction stakes for use by the Contractor in constructing
the project.
2 . Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the
resident project representative (if one is to be furnished) ,
the ENGINEER will endeavor to provide further protection for
the CITY against defects and deficiencies in the work of
Contractor(s) .
3 . The duties, responsibilities and limitations of authority of
the RPR are attached as Exhibit A.
C. DEVELOPER PROJECTS
If authorized by the CITY, the ENGINEER shall observe and advise
the CITY concerning the installation of public imgrovements by a
Developer or his agents for a designated project. The specific
duties and responsibilities of the ENGINEER during a Developer
project are limited to and described as follows:
1. Review the plans and specifications submitted by the Developer
and advise the CITY as to conformance with CITY standards.
2 , Upon request of the CITY, attend meetings or conferences with
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the Developer.
3 . Conduct periodic on-site observations of the work in progress
to assist the CITY in determining if the work is in compliance
with CITY standards.
4 . Report to the CITY whenever the ENGINEER determines that work
is unsatisfactory, faulty or defective or does not conform to
CITY Standards, or has been damaged, or does not meet the
, requirements of inspections, tests or approvals required to
be made.
5. When authorized by the CITY, witness or review the results of
all required systems and materials testing.
6. Conduct a final inspection of the project and prepare a final
list of items to be completed or corrected.
7. Make recommendations to the CITY concerning acceptance of the
proj ect.
SECTION III - THE CITY�S RESPONSIBILITY
A. THE CITY SHALL:
1. Provide full informatiort as to its requirements for the
proj ect.
2 . Assist the ENGINEER by placing at his disposal all available
information pertinent to the Project.
3 . Guarantee access to and make all provisions for the ENGINEER
to enter upon public and private lands as required for the
ENGINEER to perform his work under this Agreement:
4. Provide such legal, accounting and insurance counseling
services as may be required for the Project.
_ 5. Give prompt written notice to the ENGINEER whenever the CITY
observes or otherwise becomes aware of any defect in the
proj ect.
6. Furnish television inspection of sewers, land surveys, soil
borings, laboratory material tests, soil tests and other
special items pertinent to the Project.
7. Bear all costs incidental to compliance with the requirements
of this Section III.
SECTION IV - PERIOD OF SERVICES
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A. MISCELLANEOUS ENGINEERING SERVICES
The services called for in Section I.C. shall be completed as
defined in a written work order provided by the CSTY and agreed to
by the ENGINEER.
B. MAJOR PROJECTS
Upon submission of a letter of agreement by the ENGINEER and
subsequent agreement by written authorization from the CITY and
agreement as to the final� scope of the Project, the ENGINEER shall
proceed with the performance of the services called for in the
Major Project phase of this Agreement. The ENGINEER shall deliver
the completed feasibiiity seport, construction drawings,
specifications and cost estimates for all authorized work on the
project in accordance with the letter proposal submitted by the
ENGINEER for each individual project.
. SECTION V - PAYMENTS TO THE ENGINEER
A. MEETING ATTENDANCE AND MISCELLANEOUS ENGINEERING SERVICES UNDER
SECTION I:
1. Meeting Attendance
For attendance at Council Meetings and Planning Commission
Meetings unrelated to a Major Project, the ENGINEER shall be
paid at the rate of per meeting plus travel at
cost, if applicable.
For attendance at Public Hearings, Metropolitan Council
meetings, Metropolitan Waste Control Commission meetings,
Watershed District meetings, State Agency meetings, and Court
Hearings the ENGINEER shall be paid at the rate of
times the applicable payroll cost (Exhibit C) plus travel at
cost, except when such attendance is necessary for and within
the scope of a Major Project.
The ENGINEER shall bill the CITY monthly for services in
Sections I.B. and I.C.
2 . Miscellaneous Engineering Services
The ENGINEER shall provide a fixed fee limit for miscellaneous
engineering services to the CITY prior to any work.
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The ENGINEER shall be compensated monthly for services
described in Section I.C. Said compensation shall be the
total payroll cost of the personnel times a factor of
plus the actual cost of reimbursable expenses as outlined in
Section V.D. and the cost of equipment utilization as outlined
in Section V.E. , but not to exceed 10% of the fixed fees
agreed to by CITY.
B. MAJOR PROJECTS UNDER SECTION I:
The ENGINEER shall be compensated for Preparation of Feasibility
Report, Plans and Specifications, and Observation of Construction
as described in Section I.D. and I.E. , in accordance with the Fee
Sehedule (Exhibit B) attached to this Agreement. percent
( %) of the fee shall be for the feasibility report and plans
and specifications and percent ( %) shall be for the
observation of construction. During the preparation of the
feasibility report and plans and specifications, the ENGINEER shall
be paid morithly. Monthly payments shall be based on the total
monthly payroll cost of personnel (Exhibit C) times a factor of
plus the actual cost of reimbursable expenses as outlined in
Section V.D. plus equipment utilization as outlined in Section V.E.
During Observation of Construction the ENGINEER shall be paid on
a pro rata basis using the Contractor's monthly application for
Payment. Total payments to the ENGINEER for work described in
Section I.C. and I.D. shall be the total of the fee amount plus the
cost of reimbursable expenses.
C. ADDITIONAL SERVICES OF THE ENGINEER UNDER SECTION II:
1. The CITY shall pay the ENGINEER monthly for additional
services performed in accordance with Section II.A. Monthly
payments shall be based on the total payroll cost of personnel
assigned to the proj ect times a factor of plus the actual
cost of reimbursable expenses as outlined in V.D. plus
equipment utilization as outlined in Section V.E.
2. The CITY shall pay the ENGINEER monthly for additional
services performed in connection with Resident Project
Services as described in Section II.B. Monthly payments shall
be based on the total payroll cost of personnel assigned to
the proj ect times a factor of plus the actual cost of
reimbursable expenses as defined in V.D. and equipment as
defined in V.E.
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3 . The CITY shall pay the ENGINEER monthly for additional
services performed in accordance with Section II .0 Monthly
payments shall be based on the total payroll cost of personnel
assigned to the project times a factor plus the actual
cost of reimbursable expenses as defined in V.D. and equipment
as defined in V.E.
D. REIMBURSABLE EXPENSES
The following reimbursable expenses represent actual expenditures
made by the ENGINEER, his employees, or his professional
consultants specifically for the Project and shall be paid for as
agreed in this Section V.
1. Transportation expense equal in amount to employee
reimbursement. Mileage between the St. Paul and Rosemount
Offices will not be reimbursed.
2o Fees paid, in the name of the CITY, for securing approval of
authorities having jurisdiction over the Project.
3 . Plan and specification reproduction expenses other than those
called for in Section I.D. when requested by the CITY.
4 . Other special travel and expenses connected therewith required
in connection with the Project and authorized by the CITY.
E. EQUIPMENT UTILIZATION
The utilization of specialized equipment (computers, electronic
survey equipment and automatic data plotting equipment� for data
acquisition, detailed engineering computations and plan preparation
as well as for the development and preparation of easement
descriptions and assessment rolls is recognized as benefiting the
CITY through more efficient production of project documents and
minimization of costs involved with document modification when the
project scope or other conditions change. The CITY, therefore,
agrees to pay the rea5onable cost for the use of such specialized
equipment on the project. Provided the CITY shall not pay for the
use of such specialized equipment when utilized for word processing
or other clerical functions. The ENGINEER'S invoices to the CITY
will contain detailed information regarding the use of specialized
equipment on the project and charges will be based on the standard
rates for the equipment published by the ENGINEER. (Exhibit D)
F. GENERAL
1. When the fee is based on a percentage of project construction
cost under Paragraph V.B. , the fee shall be based on the
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following sources:
a. For projects which bids are received, the lowest
acceptable bona fide Contractor's bid.
b. For projects that are cancelled after design is completed
but prior to receipt of bids, the ENGINEER'S most recent
cost estimate for the project as approved by the CITY
upon completion of the final design.
c. For projects that are cancelled prior to completion of
the design phase, the ENGINEER shall be paid for services
performed on an hourly basis as described in Sections
V.A. and V.C. plus reimbursable and equipment expenses
described in Sections V.D. and V.E.
2. The project construction cost does not include the ENGINEER'S
fee, the cost of the land or right-of-way, or compensation for
and/or damages to property unless this Agreement so specifies,
nor does it include the CITY'S legal, accounting or insurance
counseling services, or interest charges incurred in
connection with the Project.
3 . If any portion of the Project is not bid or put under contract
for a period of twelve months after completion of the final
design phase, and the fee is based on a percentage of
construction cost, the ENGINEER'S compensation for preparation
of plans and specifications for that portion shall be based
on the following sources:
a. For projects or portions thereof, that are bid but the
Contract is not awarded, the lowest acceptable bona fide
Contractor's bid for such portion of the project.
b. For projects or portions thereof that are not bid, the
City will pay time and materials. �
4. The payroll cost of salaries and wages as the basis for
payment under Paragraphs V.A. , V.B. and V.C. shall mean the
cost of salaries and wages paid to principals and employees
engaged directly on the Project, including, but not limited
to, engineers, surveyors, technicians, drafters, specification
writers, estimators, stenographers and clerks, plus cost of
fringe benefits including, but not limited to, Social Security
contributions, unemployment, excise and payroll taxes,
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Workmen's Compensation, Health and Retirement Benefits,
incentive compe�sation, sick leave, vacation and holiday pay
applicable thereto. The payroll cost is set forth on Exhibit
C. _
5e If this Agreement is terminated upon completion of any phase
of the ENGINEER'S services, the monthly progress payments
shall be made in accordance with Section V.A. , V.B. and V.C.
If the ENGINEER'S services are terminated during the phase of
the work, the ENGINEER shall be paid for services performed
during such phase. Payment during such phase shall be based
on an hourly rate as described in Section V.A. , V.B. , and V.C.
plus reimbursable expenses as described in Section V.D. and
equipment expenses as described in Section V.E.
SECTION VI - GENERAL CONSIDERATIONS
Ao REUSE OF DOCUMENTS
All documents, including original drawings, and specifications,
prepared by the ENGINEER pursuant to this Agreement are instruments
of service in respect to the Project. They are not intended or
represented to be suitable for reuse by the CITY or others on
extensions of the Project or on any other Project. Any reuse
without written verification or adaptation by the ENGINEER for the
specific purpose intended will be at the CITY'S sole risk and
without liability or legal exposure to the ENGINEER; and the CiTY
shall indemnify and hold harmless the ENGINEER from all claims,
damages, losses and expenses including attorneys' fees arising out
of or resulting therefrom.
B. ASSIGNMENT
The ENGINEER shall not, without the written consent of the CITY
assign any interest or obligation in this Agreement.
C. INSURANCE
The ENGINEER shall secure and maintain such insurance as the
ENGINEER deems necessary or appropriate to protect him from claims
under Workman's Compensation, accidents or claims for bodily
injury, death or property damage which may arise from the
performance of his services under this Agreement. The ENGINEER
further agrees to provide to the CITY a certificate evidencing that
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he has in effect with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability
insurance policy, insuring payment of damage for legal liability
arising out of the performance of professional services for the
City, in the insured's capaeity as ENGINEER, if such legal
liability is caused by an error, omission, or negligent act of the
insured or of any person or organization for whom the insured is
legally liable and responsible, to an amount of $1, 000; and
stating that such insurance cannot be cancelled until thirty (30)
days after the CITY has received written notice of the insured's
intention to cancel the insurance.
D. TERMINATION
This Agreement may be terminated by either party upon seven days
written notice. In the event of termination the ENGINEER shall be
paid his compensation for services performed to termination date,
including Reimbursable Expenses then due and all terminal expenses.
E. FAILURE TO MAKE PAYMENTS
If the CITY fails to make any payment due the ENGINEER for
successfully completed services and expenses within thirty days
after receipt of the ENGINEER'S statement therefor, the amounts
due the ENGINEER will be increased at the rate of 1% per month from
said thirtieth day, and in addition, the ENGINEER may, after giving
seven days' written notice to the CITY, suspend services under this
Agreement until the ENGINEER has been paid in full all amounts due
for services, expenses and charges.
F. GOPYRIGHT OR PATENT INFRINGEMENT
The ENGINEER shall defend actions or claims charging infringement
of any copyright or patent by reason of the use or adoption of any
designs, drawings or specifications supplied by it, and it shall
hold the City harmless from loss or damage resulting therefrom,
providing however, that the City within five (5) days after receipt
of any notice of infringement or of summons in any action therefor
shall have forwarded the same to the ENGINEER in writing.
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CITY OF ROSEMOUNT, MINNESOTA
BY• gy-
ADDRESS FOR GIVING NOTICES:
2875 145th Btreet West
Rosemount, MN 55068
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EXHIBIT A
� A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
The duties and responsibilities of the RPR are limited to those of
ENGINEER in ENGINEER'S Agreement with the CITY and in the construction
Contract Documents, and are further limited and described as follows:
A. GENERAL
RPR is ENGINEER'S agent at the site, will act as directed by and
under the supervision of ENG�NEER, and will confer with ENGINEER
regarding RPR's actions. RPR's dealings in matters pertaining to
the on-site work shall in general be with ENGINEER and CONTRACTOR
keeping CITY advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and
approval of CONTRACTOR. RPR shall generally communicate with CITY
with the knowledge of and under the direction of ENGINEER.
B. DUTIES AND RESPONSIBILITIES OF RPR
l. Schedules: Review the progress schedule, schedule of Shop
Drawing submittals and schedule of values prepared by
CONTRACTOR and consult with ENGINEER concerning acceptability.
2e Conferences and Meetings: Attend meetings with CONTRACTOR,
such as preconstruction conferences, progress meetings, job
conferences and other project-related meetings, and prepare
and circulate copies of minutes thereof.
3 . Liaison:
a. Serve as ENGINEER'S liaison with CONTRP,CTOR, working
principally through CONTRACTOR'S superintendent and
assist in undertaking the intent of the contract
Documents; and assist ENGINEER in serving as CITY'S
liaison with CONTRACTOR when CONTRACTOR'S operations
affect CITY'S on-site operations.
b. Assist in obtaining from CITY additional details or
information, when required for proper execution of the
Work.
4 . Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by
CONTRACTOR, and notify ENGINEER of availability of
Exhibit A - 1
samples for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any
Work requiring a Shop Drawing or sample if the submittal
has not been approved by ENGINEER.
5. Review of Work, Rejection or Defective Work, Inspections and
Tests:
a. Conduct on-site observations of the Work in progress to
assist ENGINEER in determining if the Work is in general
proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever RPR believes that any Work
is unsatisfactory, faulty or defective or does not
conform to the Contract Documents, or has been damaged,
or does not meet the requirements of any inspection, test
or approval required to be made; and advise the ENGINEER
of Work that RPR believes should be corrected or rejected
or should be uncovered for observatior�, or requires
special testing, inspection or approval.
c. Verify that tests, equipment and systems start-ups and
operating and maintenance. training are conducted in the
presence of appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and observe, record
and report to ENGINEER appropriate details relative to
the test procedures and start-ups.
d. Accompany visiting inspectors representing public or
other agencies having jurisdiction over the Project,
record the results of these inspections and report to
ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when
clarification and interpretations of the Contract Documents
are needed and transmit to CONTRACTOR clarification and
interpretations as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR'S suggestions
for modifications in Drawings or Specifications and report
with RPR's xecommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
8. Records•
a. Maintain at the job site orderly files for
correspondence, reports of job conferences, Shop Drawings
and samples, reproduction of original Contract Documents
Exhibit A - 2
including all Work Directives Changes, Addenda, Change
Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ENGINEER'S
clarifications and interpretations of the Contract
Documents, progress reports, and other Project related
documents.
b. Keep a diary or log book, recording CONTRACTOR hours on
the job site, weather conditions, data relative to
questions or Work Directive Changes, Change Orders or
changed conditions, list of job site visitors, daily
activities, decisions, observations in general, and
specific observations in more detail as in the case of
observing test procedures; and send copies to ENGINEER.
c. Record Names, addresses and telephone numbers of all
CONTRACTORS, subcontractors and major suppliers of
materials ancl equipmente„
9. Reports:
a. Furnish ENGYNEER and CITY with weekly reports as required
of progress of the Work and of CONTRAGTOR'S compliance
with the progress schedule and schedule of Shop Drawings
and sample submittals.
b. Consult with ENGINEER in advance of scheduled major
tests, inspections or start of important phases of the
Work.
c. Draft proposed Change Orders and Work Directive Changes,
obtaining backup material from CONTRACTOR and recommend
to ENGINEER Change Orders, Work Directive Changes and
Field Orders.
d. Report immediately to ENGINEER and CITY upon the
occurrence of any accident.
10. Payment Requests: Review applications for payment with
CONTRACTOR for compliance with the established procedure for
their submission and forward with recommendations to ENGINEER,
noting particularly the relationship of the payment request
to the schedule of values, Work compieted and materials and
equipment delivered at the site but nat inaorporated in the
Work.
11. Certificates, Maintenance and Operation Manuals: During the
course of the Work, verify that certificates, maintenance and
Exhibit A - 3
. , .
operation manuals and other data required to be assembled and
furnished by CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract Documents, and
have this material delivered to ENGINEER for review and
forwarding to CITY prior to final payment for the Work.
12 . Completion:
a. Before ENGINEER issues a Certificate of Substantial
Completion, submit to CONTRACTOR a list of observed items
requiring eompletion or correction.
b. Conduct final inspection in the company of ENGINEER, CITY
and CONTRACTOR and prepare a final list of items to be
completed or corrected.
c. Observe that all items on final list have been completed
or corrected and make recommendations to ENGINEER
concerning acceptance.
C. LIMITATIONS OF AUTHORITY
Resident Project Representative:
l. Shall not authorize any deviation from the Contract Documents
or substitution of materials or equipment, unless authorized
by ENGINEER. �
2a Shall not exceed limitations of ENGINEER'S authority as set
forth in the Agreement or the General Provisions to the Letter
Agreement or the Contract Documents.
3a Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR'S superintendent.
4e Shall not advise on, issue directions relative to or assume
control; over any aspect of the means, methods, techniques,
sequences or procedures of construction unless such advice or
directions are specifically required by the Contract
Documents.
5. Shall not advise on, issue directions regarding or assume
control over safety precautions and programs in connection
with the Work.
6. Shall not accept Shop Drawings or sample submittals from
anyone other than CONTRACTOR.
7. Shall not authorize CITY to occupy the Project in whole or in
apart.
8. Shall not participate in specialized field or laboratory tests
or inspections conducted by others except as specifically
authorized by ENGINEER.
Exhibit A - 4