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8.8 Agr Landfill Leachate .- CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 01/03/94 _4:O0 P.M. AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 General Services AGENDA: 8 .BY: Frank R. Weinh BY: Item Resolution No. 94-4683, authorizing a contract with Camp Dresser and McKee, Inc. for professional engineering and consulting service for the design and operational procedure for handling landfill leachate. Background Landfill regulations, both Subtitle D and KDHE limit leachate in the bottom of a landfill cell to no more than 12 inches. Regulations require the recirculation and/or treatment of leachate. The contract with CDM will provide a design of pumps, tanks and procedure for handling of the landfill leachate. The cost of the proposed design and procedure is $31,400. This contract would be paid from the Solid Waste fund, a fee supported fund. Recommended Action: Approve Resolution No. 94- 4683, authorizing a contract with Camp Dresser and McKee,I Inc. to provide consulting service for the design and operating procedure in handlin~ landfill leachate. COMMISSION ACTION MOTION BY SECOND BY TO: STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SERVICES THIS IS AN AGREEMENT made as of January 3, ,19 .g.4 ~ between the City of Salina, Kansas f"OWNER") and Caap 0resser & McKee Inc. ("ENGINEER"). OWNER intends to employ ENGINEER to perfom professional engineering services in connection with design, bidding, construction general services, and residential engineering services associated with the C~ty of Sal~na Municipal Solid Naste Landf~11 iaprove~ents (the "Project"). OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or furnishing of professional engineering services by ENGI- NEER with respect to the Project and the payment for those services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes" OWNER's written authorization to ENGINEER to proceed on the date first above written with the Basic Services described in Section 2 below and as further set forhh in Exhibit A, "Further Description of Engineering Services and Related Matters" ("Exhib- it A") and in the other exikibits listed in Section 9 below. This Agreement will become effective on the date first above written. Page I of 18 9/92 SEC'I"ION 1---GENERAL merit as defined in the Standard General Conditions. 1.1. Standard of Care 1.3. Definitions ENGINEER shall perform for or furnish to OWNER professional engineering and Wherever used in this A~reement the related services in all phases of the following terms have the meanings Project to which this Agreement applies indicated which are applicable to both as hereinafter provided. ENGINEER the singular and plural thereof: shall serve as OWNER's prime design professional and engineering representa- 1-3.1. Special tive for the Project providing professional Special Services means the services to be engineering consultation and advice with performed for or furnished to OWNER by respect thereto. ENGINEER may employ ENGINEER described in Section 3 of this such ENGINEER's Subcontractors as Agreement. ENGINEER deems necessary to assist in the performance or furnishing of profes- 1.3.2. Agre~t. sional engineering and related services Agreement means this Standard Form of hereunder. ENGINEER shall not be Agreement between OWNER and ENGI- required to employ any OWNER's NEER for Professional Services including Subcontractors unacceptable to ENGI- those exhibits listed in Section 9 of this NEER. Agreement. The standard of care for all professional 1.3.3. Basic Services. engineering and related services per- Basic Services means the services to be formed or furnished by ENGINEER under performed for or furnished to OWNER by this Agreement will be the care and skill ENGINEER described in Section 2 of this ordinarily used by members of ENGI- Agreement. NEER's profession practicing under similar conditions at the same time and 1.3.4. Construction Cost. in the same locality. ENGINEER makes Construction Cost means the total cost to no warranties, express or implied, under OWNER of those portions of the entire this Agreement or otherwise, in connec- Project designed or specified by ENGI- tion with ENGII~IEER's services. NEER. Construction Cost does not include ENGINEER's compensation and expenses, 1.2 Coordination with Other Documents the cost of land, rights-of-way, or com- pensation for or damages to properties, or It is the intention of the parties that the OWNER's legal accounting, insurance Standard General Conditions will be used counseling or auditing services, or interest as the General Conditions for the Project and financing charges incurred in connec- and that all amendments thereof and tion with the Project or the cost of other supplements thereto will be generally services to be provided by others to consistent therewith. Except as other- OWNER pursuant to Section 4 of this wise defined herein, the terms which Agreement. Construction Cost is one of have an initial capital letter in this the itemscomprisingTotalProjectCosts. Agreement and are defined in the Stan- dard General Conditions will be used in 1.3.5. Contractor. this Agreement as defined in the Stan- Contractor means the person or entity dard General Conditions. The term with whom OWNER enters into a written 'defective" will be used in this Agree- agreement covering construction work to Page 2 of 18 9/92 be performed or furnished with respect to ENGINE"ER and (on the basis of inforrna- the Project. tion furnished by OWNER) allowances for such other items as charges of all 1.3.6. ENGINEER's Subcontractor. other professionals and consultants, for ENGINEER's Subcontractor means a the cost of land and fights-of-way, for person or entity having a contract with compensation for or damages to proper- ENGINEER to perform or furnish Basic or ties, for interest and financing charges Special Services as ENGINEER's inde- and for other services to be provided by pendent professional associate or subcon- others to OWNER under Section 4. tractor engaged directly on the Project. SECTION 2--BASIC SERVICES OF 1.3.7. Reimbursable E~penses. ENGINEER Reimbursable Expenses means the expenses incurred directly in connection 2.1. Design Phase. with the performance or furnishing of Basic and Special Services for the Project 2.1.1. Prepare for .incorporation in the for which OWNER shall pay ENGI- Contract Documents final Drawings NEER as indicated in Exhibit A. showing the scope, extent and character of the work to be performed and furnished 1.3.8. Resident Project Representative. by Contractor and Specifications (which Resident Project Representative means will be prepared, where appropriate, in the authorized representative of ENGI- general conformance with the sixteen NEER who will be assigned to assist division format of the Construction ENGINEER at the site during the Con- Specifications Institute. struction Phase. The Resident Project Representative will be ENGINEER's 2.12.. Provide tecl-mieal criteria, written agent or employee and under ENGI- descriptions and design data for OWN- NEER's supervision. As used herein, the ER's use in filing applications for permits term Resident Project Representative with or obtaining approvals of such includes any assistants of Resident Project governmental authorities as have Representative agreed to by OWNER. jurisdiction to review or approve the The duties and responsibilities of the final design of the Project, and assist Resident Project Representative are set OWNER in consultations with appropri- forth in Exhibit B, "Duties, Responsibili- ate authorities. ties and Limitations of Authority of Resident Project Representative" ("Ex- 2.1.3. Advise OWNER of any adjust- hibit B"). ments to the opinion of probable Construc- tion Cost and any adjustments to Total 1.3.9. Standard General Conditions. Project Costs known to ENGINEER as a Standard General Conditions means the result of changes in scope, extent or Standard General Conditions of the character or design requirements of the Construction Contract (No. 1910--8) (1990 Project. Edition) of the Engineers Joint Contract Documents Committee. 2.1.4. Prepare for review and approval by OWNER, its legal counsel and other 1.3.10. Total Project Costs. advisors, contract agreement forms, Total Project Costs means the sum of the general conditions and supplementary Construction Cost, allowances for contin- conditions, and (where appropriate) bid gencies, the total costs of design profes- forms, invitations to bid and instructions sional and related services provided by to bidders, and assist in the preparation Page 3 of 18 9/92 : of other related documents. 2.2.3. Consult with OWNER as to the acceptability of subcontractors, suppliers 2.1.,5. Furnish five copies of the above and other persons and entities proposed documents, Drawings and Specifications by Contractor for those portions of the to and review them with OWNER. work as to which such acceptability is required by the Bidding Documents. 2.1.6. ENGINEER's services under the Design Phase will be considered complete 2.2.4. Attend the bid opening, prepare at the earlier of (1) the date when the bid tabulation sheets and assist OWNER submittals have been accepted by in evaluating bids or proposals and in OWNER or (2) thirty days after the date assembling and awarding contracts for when such submittals are delivered to construction, materials, equipment and OWNER for final acceptance, plus in services. each case such additional time as may be considered reasonable for obtaining 2.2.~. The Bidding or Negotiating Phase approval of governmental authorities will terminate and the services to be having jurisdiction to approve the performed or furnished thereunder will portions of the Project designed or speci- be considered complete upon commence- fled by ENGINEER, if such approval is to ment of the Construction Phase or upon be obtained during the Design Phase. cessation of negotiations with prospec- tive Contractors. The duties and responsibilities of ENGI- NEER during the Design Phase are The duties and responsibilities of ENGI- amended and supplemented as indicated NEER during the Bidding or Negotiating in Exhibit A. Phase as set forth in this paragraph 2.2 are amended and supplemented as 2.2. Bidding or Negotiating Phase. indicated in Exhibit A. After acceptance by OWNER of the 2.3. Construction Phase. ENGINEER's Drawings, Specifications and other Design Phase documentation During the Construction Phase: (including the most recent opinion of probable Construction Cost), and upon 2.3.1 General Administration of written authorization to proceed, ENGI- Construction Contract. NEER shall: ENGINEER shall consult with and advise OWNER and act as OWNER's 2.2.1. Assist OWNER in advertising for representative as provided in the Stan- and obtaining bids or negotiating propos- dard General Conditions. The extent and als for the contract for construction, limitations of the duties, responsibilities materials, equipment and services; and, and authority of I~GINEER as assigned where applicable, maintain a record of in said Standard General Conditions prospective bidders to whom Bidding shall not be modified, except to the Documents have been issued, attend pre- extent provided in Exhibit A and except bid conferences, if any, and receive and as ENGINEER may otherwise agree in process deposits for Bidding Documents. writing.. All of OWNER's instructions to Contractor will be issued through ENGI- 2.2.2. Issue Addenda as appropriate to NEER who shall have authority to act on clarify, correct or change the Bidding behalf of OWNER in dealings with Documents. Contractor to the extent provided in this Agreement and said Standard General Page 4 of 18 9/92 Conditions except as otherwise provided dance with the Contract Documents in writing, and ENGINEER shall keep OWNER informed of the progress 2.32. Visits to 5itc and Observation of the work. The responsibilities of Construction. of ENGINEER contained in this In connection with observations of the paragraph are expressly subject to work of Contractor while in progress: the limitations set forth in para- graph 2.3.2.2 and other express or 2.3.2.1. ENGINEER shall make general limitations in this visits to the site at intervals Agreement and elsewhere. appropriate to the various stages of construction as ENGINEER 2.3.2.2. The purpose of ENGI- deems necessary in order to observe NEER's visits to and representa- as an experienced and qualified tion by the Resident Project Repre- design professional the progress sentative at the site will be to and quality of the various aspects enable ENGINEER to better carry of Contractor's work. In addition, out the duties and responsibilities ENGINEER shall provide the assigned to and undertaken by services of a Resident Project ENGINEER during the Construc- Representative at the site to assist tion Phase, and, in addition, by the ENGINEER and to provide more exercise of ENGINEER's efforts as continuous observations of such an experienced and qualified work. The furnishing of such design professional, to provide for Resident Project Representative OWNER a greater degree of services will not extend ENGI- confidence that the completed NEER's responsibilities or authori- work of Contractor will conform in ty beyond the specific limits set general to the Contract Documents forth elsewhere in this paragraph and that the integrity of the 2.3. Such visits and observations design concept of the completed by ENGINEER and the Resident Project as a functioning whole as Project Representative are not indicated in the Contract Docu- intended to be exhaustive or to merits has been implemented and extend to every aspect of the work preserved by Contractor. On the in progress, or to involve detailed other hand, ENGINEER shall not, inspections of the work beyond the during such visits or as a result of responsibilities specifically such observations of Contractor's assigned to ENGINEER in this work in progress, supervise, direct Agreement and the Contract or have control over Contractor's Documents, but rather are to be work nor shall ENGINEER have limited to spot checking, selective authority over or responsibility for sampling and similar methods of the means, methods, techniques, general observation of the work sequences or procedures of construc- based on ENGINEER's exercise of tion selected by Contractor, for professional judgment as assisted safety precautions and programs by the Resident Project Representa- incident to the work of Contractor rive. Based on information ob- or for any failure of Contractor to mined during such visits and such comply with laws, rules, regula- observations, ENGINEER shall tions, ordinances, codes or orders endeavor to determine in general if applicable to Contractor's furnish- such work is proceeding in accor- lng and performing the work. Page 5 of 18 9/92 Accordingly, ENGINF. ER neither Contract Documents and compatibility guarantees the performance of any with the design concept of the completed Contractor nor assumes responsibil- Project as a functioning whole as indicat- ity for any Contractor's failure to ed in the Contract Documents. Such furnish and perform its work in reviews and approvals' or other action accordance with the Contract will not extend to means, methods, ~ts. techniques, sequences or procedures of construction or to safety precautions and 2.3.3. Defective Work. programs incident thereto. During such visits and on the basis of such observations, ENGINEER shall have authority to disapprove of or reject 2.3.7. Substitutes. Contractor's work while it is in progress ENGINEER shall evaluate and deter- if ENGIN~R believes that such work mine the acceptability of substitute or "or- will not produce a completed Project that equal" materials and equipment proposed conforms generally to the Contract by Contractor, but subject to the provisions Documents or that it will prejudice the of paragraph 3.22.. integrity of the design concept of the completed Project as a functioning whole 2.3.8. Inspections and Tests. as indicated in the Contract Documents. ENGINEER may require special inspec- tions or tests of the work, and shall 2.3.4. Clarifications and Inteu?retations; receive and review all certificates of Field Orders. inspections, tests and approvals required ENGINEER shall issue necessary clarifi- by laws, rules, regulations, ordinances, cations and interpretations of the Con- codes, orders or the Contract Documents. tract Documents as appropriate to the ENGINEER's review of such certificates orderly completion of the work. Such will be for the purpose of determining clarifications and interpretations will be that the results certified indicate corn- consistent with the intent of and reason- pliance with the Contract Docurnents and ably inferable from the Contract Docu- will not constitute an independent evalu- ments. ENGINEER may issue Field ation that the content or procedures of Orders authorizing minorvariations from such inspections, tests or approvals the requirements of the Contract Docu- comply with the requirements of the ments. Contract Documents. ENGINEER shall be entitled to rely on the results of such 2.3.,5. Change Orders and Work Change tests. Directives. ENGINEER shall recommend Change 2.3.9. Disagreements between OWNER Orders and Work Change Directives to and Contractor. OWNER as appropriate, and shall ENGINEER shall render the initial prepare Change Orders and Work decisions on all claims of OWN'ER and Change Directives as required. Contractor relating to the acceptab/lity of the work or the interpretation of the 2.3.6. Shop Drawings. requirements of the Contract Documents ENGINI/ER shall review and approve pertaining to the execution and progress (or take other appropriate action in of the work. In rendering such decisions, respect of) Shop Drawings and Samples ENGINEER shall be fair and not show and other data which Contractor is partiality to OWNER or Contractor and required to submit, but only for confor- shall not be liable in connection with any mance with the information given in the decision rendered in good faith in such Page 6 of 18 9/92 capacity. 2.3.10.2. By recommending any payment ENGINEER shall not 2.3.I0. Applications for Payment. thereby be deemed to have repre- Based on ENGINEER's on-site observa- sented that on-site observations tions as an experienced and qualified made by ENGINEER to check the design professional and on review of quality or quantity of Contractor's Applications for Payment and the work as it is performed and fur- accompanying data and schedules: nished have been exhaustive, extended to every aspect of the 2.3.10.1 ENGINEER shall deter- work in progress, or involved mine the amounts that ENGINEER detailed inspections of the work recommends Contractor be paid. beyond the responsibilities specifi- Such recommendations of payment cally assigned to ENGINEER in will be in writing and will consti- this Agreement and the Contract tute ENGINEER's representation Documents. Neither ENGINEER's to OWNER, based on such obser~a- review of Contractor's work for the tions and review, that, to the best purposes of recommending pay- of ENGINEER's knowledge, ments nor ENGINEER's reeommen- information and belief, the work dation of any payment (including has progressed to the point indi- final payment) will impose on cared, the quality of such work is ENGINEER responsibility to generally in accordance with the supervise, direct or control such Contract Documents (subject to an work or for the means, methods, evaluation of such work as a techniques, sequences or procedures functioning whole prior to or upon of construction or safety precautions Substantial Completion, to the or programs incident thereto, or results of any subsequent tests Contractor's compliance with called for in the Contract Docu- laws, rules, regulafions, ordinanc- ments and to any other qualiflca- es, codes or orders applicable to tions stated in the reeommenda- Contractor's furnishing and per- tion), and the conditions precedent forming the work. It will also not to Contractor's being entitled to impose responsibility on ENGI- such payment appear to have been NEER to make any examination to fulfilled in so far as it is ENGI- ascertain how or for what purposes NrEER's responsibility to observe Contractor has used the moneys the work. In the case of unit price paid on account of the Contract work, ENGINEER's recommenda- Price, or to determine that fitle to tions of payment will include final any of the work, materials or .. determinations of quantifies and equipment has passed to OWNER classifications of such work (subject free and clear of any liens, claims, to any subsequent adjustments security interests or encumbrances, allowed by the Contract Docu- or that there may not be other ments). The responsibilities of matters at issue between OWNER ENGINEER contained in para- and Contractor that might affect graph 2.3.10.1 are expressly subject the amount that should be paid. to the limitations set forth in paragraph 2.3.10.2 and other 2.3.11. Contractor's Completion express or general limitations in Documents. this Agreement and elsewhere. ENGINEER shall receive, review and transmit to OWNER with written Page 7 of 18 9/92 comments maintenance and operating 2.3.14. Limitation of Responsibilities. instructions, schedules, guarantees, ENGINEER shall not be responsible for Bonds, certificates or other evidence of the acts or omissions of any Contractor, or insurance required by the Contract of any subcontractor, any supplier, or of Documents, certificates of inspection, any other person or organization perform- tests and approvals, and marked-up lng or furnishing any of the work. ENGI- record documents (including Shop Draw- NEER shaU not be responsible for Con- ings, Samples and other data approved tractor's failure to perform or furnish the as provided under paragraph 2.3.6 and work in accordance with the Contract marked-up record Drawings) which are Documents. to be assembled by Contractor in accor- dance with the Contract Documents to 2.3.15. Duration of Construction Phase. obtain final payment. ENGINEER's The Construction Phase will commence review of such documents will only be to with the execution of the construction determine generally that their content contract for the Project or any part thereof complies with the requirements of, and in and will terminate upon written recom- the case of certificates of inspections, mendation by ENGINEER of final pay- tests and approvals that the results ment. certified indicate compliance with, the Contract Documents. The duties and responsibilities of ENGI- FLEER during the Construction Phase as 2.3.12. Substantial Completion. set forth in this paragraph 2.3 are Following notice from Contractor that amended and supplemented as indicated Contractor considers the entire work in Exhibit A. ready for its intended use, ENGINEER and OWNER, accompanied by Contrac- 2.4. Operational Phase. tor, shall conduct an inspection to deter- mine if the work is substantially corn- During the Operational Phase, ENGI- plete. If after considering any objections NEER shall, when requested by OWNER: of OWNER, ENGINEER considers the work substantially complete, ENGINEER 2.4.1. Provide assistance in connection shall deliver a certificate of Substantial with the refining and adjusting of any Completion to OWNER and Contractor. equipment or system. 2.3.13. Final Notice of Acceptability of 2.4.2. Assist OWNER in training the Work. OWNER's staff to operate and maintain ENGINEER shall conduct a final inspec- the Project. tion to determine if the completed work of Contractor is acceptable so that 2.4.3. Assist OWNER in developing ENGINEER may recommend, in writing, systems and procedures for control of the final payment to Contractor. Accompany- operation and maintenance of and record lng the recommendation for final pay- keeping for the Project. ment, ENGINEER shall indicate that the work is acceptable (subject to the provi- 2.4.4. Prepare a set of reproducible record sions of paragraph 2.3.10.2) to the best of drawings showing record information ENGINEER's knowledge, information which ENGINEER considers significant and belief and based on the extent of the based on the Drawings, Shop Drawings, services performed and furnished by and other record documents furnished by ENGI~ under this Agreement. Contractor to ENGINEER which were annotated by Contractor to show all Page 8 of 18 9/92 changes made during construction, those furnished under Basic Services) for ENGINEER will not be responsible for private or governmental grants, loans or any errors in or omissions in the informa. - advances in connection with the Proiect; tion provided by Contractor that is preparation or review of environmental incorporated in the record drawings or assessments and impact statements; other record documents, review and evaluation of the effect on the design requirements of the Project of 2.4.5. In company with OWNER, visit any such statements and documents the Project to observe any apparent prepared by others; and assistance in defects in the completed work, assist obtaining approvals of authorities OWNER in consultations and discussions having jurisdiction over the anticipated with Contractor concerning correction of environmental impact of the Project. such defects, and make recommendations as to replacement or correction of defec- 3.1.2. Services to make measured draw- tire work. ings of or to investigate existing condi- tions or facilities, or to verify the accura- 2.4.6. Provide miscellaneous services as cy of drawings or other information requested by OWNER in connection with rum/shed by OWNER. Project doseout. 3.12. Services resulting from significant 2.4.7. The Operational Phase may changes in the scope, extent or character commence during the Construction Phase of the portions of the Project designed or and will terminate one year after the specified by ENGINEER or its design date of Substantial Completion. requirements including, but not l/m/ted to, changes in size, complexity, OWNER's The duties and responsibilities of ENGI- schedule, character of construction or NEER during the Operational Phase as method of financing; and revising previ- set forth in this paragraph 2.4 are ously accepted studies, reports, Drawings, amended and supplemented as indicated Specifications or Contract Documents in Exhibit A. when such revisions are required by changes in laws, rules, regulations, SECTION 3---SPECIAL SERVICES OF ordinances, codes or orders enacted EMCI/qEER subsequent to the effective date of this Agreement, or are due to any other causes 3.1. Services Requiring Authorization in beyond ENGINEER's control. Advance. 3.1.4. Providing renderings or models for If authorized in writing by OWNER, OWNER's use. ENGINEER shall furnish or obtain fi-om others Special Services of the types 3.1.5. Preparing documents for alternate listed in paragraphs 3.1.1 through 3.1.16, bids requested by OWNER for Contrac- inclusive, as amended and supplemented tot's work which is not executed or as indicated in Exhibit A. These services documents for out-of-sequence work, are not included as part of Basic Services except to the extent otherwise provided 3.1.6. Undertaking investigations and in Exhibit A. These services will be paid studies including, but not limited to, for by OWNER as indicated in Section 6. detailed consideration of operations, maintenance and overhead expenses; the 3.1.1. Preparation of applications and preparation of feasibility studies, cash supporting documents (in addition to flow and economic evaluations, rate Page 9 of 18 9/92 schedules and appraisals; assistance in purposes, ~gineering surveys and staking obtaining financing for the Proiect; to enable Contractor to proceed with its evaluating processes available for work, and any type of property surveys or licensing and assisting OWNER in related engineering services needed for obtaining process licensing; detailed the transfer of interests in real property; quantity surveys of materials, equipment and providing other special field sur- and labor; and audits or inventories veys. required in connection with construction performed by OWNER. 3.1.13. Preparation of operating, mainte- nance and staffing manuals to supplement 3.1,7. Furnishing services of ENGI- Basic Services under paragraph 2.4.3. NEER's Subcontracwrs for other than Basic Services; and furnishing data or 3.1.14. Providing more extensive services services of the types described in para- required to enable ENGINEER to issue graph 4.4 when OWNER employs notices or certifications requested by ENGINEER to provide such data or OWNER under paragraph 4.12. services in lieu of furnishing the same under paragraph 4.4. 3.1.15. Preparing to serve or serving as a consultant or witness for OWNER in any 3.1.8. Services during out-of-town travel litigation, arbitration or other legal or required of ENGINEER other than visits administrative proceeding involving the to the site or OWNER's office as required Project (except for assistance in consulta- by Section 2. tions which is included as part of Basic Services under paragraph 2.1.2.). 3.1.9. Preparing for coordinating with, participating in and responding to 3.1.16. Other special services performed structured independent review processes, or furnished by ENGINEER in connection including, but not limited to, Construction with the Project, including services Management, Cost Estimating, Project which are to be furnished by OWNER Peer Review, Value Engineering and under Section 4, and services not other- Constructability Review requested by wise pwvided for in this Agreement. OWNER; and performing or furnishing services required to revise studies, 3.2. Required Spedal Services. reports, Drawings, Specifications .or Contract Documents as a result of such When required by the Contract Docu- review processes, ments in connection with the performance or furnishing of ENGINEER's services 3.1.10. Determining the acceptability of during the Construction Phase, ENGI- substitute materials and equipment PEER shall perform or furnish, without proposed during the Bidding or Negotiat- waiting for specific authorization from lng Phase when substitution prior to the OWN'ER, Special Services of the types award of contracts is allowed by the listed in paragraphs 3.2.1 through Bidding Documents. inclusive. These services are not included as part of Basic Services except to the 3.1.11. Assistance in connection with bid extent provided in Exhibit A. Required protests, rebidding or renegotiating Special Services will be paid for by contracts for construction, materials, OWNER as indicated in Section 6. equipment orservices. ENGINEER shall advise OWNER in writing promptly after starting any such 3.1.12. Providing field surveys for design Special Services. Page 10 of 18 9/92 3'.2.1. Services in connection with Work SECTION: OWNER'S Change Directives and Change Orders to RESPOIqSTBILrTTES , reflect changes requested by OWNER if, because of the method of compensation Except as otherwise provided in Exhibit agreed upon by OWNER and ENGINEER, A, OWNER shall do the following in a the resulting change in compensation for timely manner so as not to delay the Basic Services is not commensurate with services of ENGINEER and shall bear all the extent of the special services ten- costs incident thereto: dered. 4.1. Designate in writing a person to act 3.2.2. Services in making revisions to as OWNER's representative with respect Drawings and Specifications occasioned to the services to be performed or fur- by the acceptance of substitute materials nished by ENGINEER under this Agree- or equipment other than "or-equal" items; ment. Such person will have complete and services after the award of the authority to transmit instructions, receive construction contract in evaluating and information, interpret and define determining the acceptability of a OWNER's policies and decisions with substitution which is inappropriate for respect to ENGINEER's services for the the Project or an excessive number of Project. substitutions. 4.2. Provide all criteria and full infon'na- 3.2.3. Services resulting from significant t/on as to OWNER's requirements for the delays, changes or price increases occur- Project, including design objectives and ring as a direct or indirect result of constraints, space, capacity and perfor- materials, equipment or energy shortages, mance requirements, flexibility and expendability, and furnish copies of all 3.2.4. Additional or extended services design and construction standards which during construction made necessary by (1) OWNER will require to be included in work damaged by fire or other cause the Drawing~ and Specifications. during construction, (2) a significant amount of d~fective, neglected or delayed 4.3. Assist ENGINEER by placing at work of Contractor, (3) acceleration of the ENGINEER's disposal all available progress schedule involving services information pertinent to the Project beyond normal working hours, or (4) induding previous reports and any other default by Contractor. data relative to design or construction of the Project. 3.2.~. Services (other than Basic Services during the Operational Phase) in connec- 4.4. Furn/sh to ENGINEER, as requesl~! fion with any partial utilization of any by ENGINEER for performance of Basic part of the Project by OWNER prior to its Services or as required by the Contract Substantial Completion. Documents, the following: 3.2.6. Evaluating an unreasonable claim 4.4.1. data prepared by or services of or an excessive number of cia/ms submit- others, including without limitation ted by Contractor or others in connection eXplorations and tests of subsurface with the work. conditions at or contiguous to the site, drawings of physical conditions in or 3.2.7. Services to review each shop relatin§ to ex/sting surface or subsur- drawing or other submittal more than two face structures at or contiguous to the times, site, or hydrographic surveys; Page 11 of 18 9/92 4.42. the services of an independent 4.7. Examine all alternate solutions, testing laboratory to perform all studies, reports, sketches, Drawings, inspections, tests and approvals of Specifications, proposals and other samples, materials and equipment; documents presented by ENGINEER (including obtaining advice of an attor- 4.4.3. appropriate professional ney, insurance counselor and other consul- interpretation of all of the foregoing; rants as'OWNER deems appropriate with respect to such examination) and 4.4,4. environmental assessments, render in writing decisions pertaining audits, investigations and impact thereto. statements, and other relevant environmental or cultural studies as 4.8. Provide approvals and permits from to the Project, the site and adjacent all governmental authorities having areas; jurisdiction to approve the portions of the Project designed or specified by ENGI- 4.4.~. field surveys for design purpos- NEER and such approvals and consents es and property, boundary, easement, from others as may be necessary for right-of-way, topographic and completion of such portions of the Project. utility surveys or data, in.eluding relevant reference points; 4.9 Provide, as may be required for the Project: 4.4.6. proper~ descriptions; 4.9.1. accounting, bond and financial 4.4.7. zoning, deed and other land use advisory', independent cost estimat- restrictions; and lng and insurance counseling services; 4.4.8. other special data or consulta- 4.92. such legal services as OWb;ER tions not covered in Section 2. may require or ENGINEER may reasonably request with regard to OWI,~ER shall be responsible for, and legal issues pertaining to the Pro~ect, ENGINEER may rely upon, the accurac~ including any that may be raised by and completeness of ail reports, data and Contractor;, and other information furnished pursuant to this paragraph. ENGII~FEER may use 4.9.3. such auditing services as such reports, data and information in OWNER may require to ascertain performing or furnishing services under how or for what purpose Contractor this Agreement. has used the moneys paid on account of the Contract Price " 4.5. Provide, as required by the Contract Documents, engineering surveys and 4.10. Provide such inspection or monitor- staking (except as otherwise provided in lng services by an individual or entity Exhibit A) to enable Contractor to other than ENGINEER as OWNER may proceed with the layout of the work, and desire to verify: other special field surveys. 4.10.1. that Contractor is complying 4.6. Arrange for access to and make all with any law, rule, regulation, provisions for ENGINEER to enter upon ordinance, code or order applicable to public and private property as required Contractor's performing and furnish- for ENGINEER to perform services under lng the work; or this Agreement. Page 12 of 18 9/92 4.10.2. that Contractor is taking all' or certification requested under this necessary precautions for safety of paragraph. persons or property and complying with any special provisions of the 4.13. If more than one prime contract is to Contract Documents applicable to be awarded for work designed or speci- safety, fled by ENGINEI/R, designate a person or entity to have authority and responsibil- ENGIN'EER does not undertake in this ity for coordinating the activities among Agreement to perform the services the various prime contractors, and define referred to in 4.10.1 and 4.10.2 above. The and set forth the duties, responsibilities identity of any individual or entity and limitations of authority of such employed to perform such services and person or entity and the relation thereof the scope of such services will be dis- to the duties, responsibilities and author- closed to ENGINEER. ity of ENGINEER in an exhibit that is to be mutually agreed upon and attached to 4.11. Advise ENGINEER of the identity and made a part of this Agreement before and scope of services of any independent such services begin. consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, 4.14. Furnish to ENGINEER data or Construction Management, Cost Estimat- estimated figures as to OWNER's antici- ing, Project Peer Review, Value Engineer- pared costs for services to be provided by ing and Constructability Review. If others for OWNER (such as services OWNER designates a person or entity pursuant to paragraphs 4.4, 4.5 and 4.7 other than, or in addition to, ENGIICEER through 4.14, inclusive) and other costs so to represent OWNER at the site, that ENGINEER ma}, make the necessary OWNER shall define and set forth in an calculations to develop and periodically exhibit that is to be mutually agreed adjust ENGINEER's opinion of Total upon and attached to and made a part of Project Costs. this Agreement before such services begin, the duties, responsibilities and limita- 4.15. Attend the pre-bid conference, bid tions of authority of such other party and opening, pre-construction conferences, the relation thereof to the duties, construction progress and other job related responsibilities and authority of ENGI- meetings and Substan~al Completion and NE~"R. £mal payment inspections. 4.12. Prior to the commencement of the 4.16. Give prompt written notice to Construction Phase, notify ENGIN]~R of ENGINEER whenever OWNER observes any variations in the language of the or otherwise becomes aware of any Notice of Acceptability of Work, or of development that affects the scope or any notice or certification other than such time of performance or furnishing of Notice that ENGINEER will be requested ENGINEER's services, or any defect or to provide to OWNER or third parties in conformance in EN~ER's services or in connection with the £mancing or comple- the work of any Contractor. tion of the Project. OWNER and ENGI- NEER shall reach agreement on the terms 4.17. Furnish or direct ENGINEER to of any such requested notice or certifica- provide, Special Services as stipulated in tion and OWNER shall authorize such paragraph 3.1 of this Agreement or other Special Services as are necessary to services as required. enable ENGINEER to provide the notice Pa~e 13 of 18 9/92 4.18. Provide labor and safety equipment such rates of compensation. to open and protect manholes and/or to operate valves and hydrants as required 5.3. In the event that the work designed by the ENGINEER. or specified by ENGINEER is to be performed or furnished under more than 4.19. Bear all costs incident to compli- one prime contract, or if ENGINEER's ance with the requirements of this services are to be separately sequenced Section 4. with the work of one or more prime contractors (such as in the case of fast- SECIION ~--TIMES FOR RENDERING tracking), OWNER and ENGINEER SERVICES shall, develop a schedule for perfor- rnance of ENGINEER's services in order to 5.1 If in this Agreement specific periods sequence and coordinate properly such of time for rendering services are set forth services as are applicable to the work or specific dates by which services are to under such separate prime contracts. This be completed are provided and if such schedule is to be prepared and included in periods of time or dates are changed Exhibit A whether or not the work under through no fault of ENGINEER, the rates such contracts is to proceed concurrently. and amounts of compensation provided for herein shall be subject to equitable SECTION 6--PAYMENTSTOENGI- adjustment. If OWNER has requested NEER FOR SERVICES changes in the scope, extent or character AND REIMBURSABLE of the Project, the time of performance EXPENSES and compensation for ENGINEER's services shall be adjusted equitably. 6.1. Methods of Payment for Services and Expenses of ENGINEER. 5.2 If ENGINEER's services are delayed or suspended in whole or in part by 6.1.1. For Basic Sero/c~s. OWNER: OWNER shall pay ENGINEER for Basic Services performed or furnished under 5.2.1. for more than three months Section 2 on the basis set forth in Exhibit through no fault of ENGINEER, A. ENGINEER shall be entitled to equitable adjustment of rates and 6.1.2. For Special Services. amounts of compensation provided for OWNER shall pay ENGINEER for elsewhere in this Agreement to Special Services performed or furnished reflect, among other things, reason- under Section 3 on the basis set forth in able costs incurred by ENGINEER in Exhibit A. connection with such delay or suspen- ' sion and reactivation and the fact 6.1..3. For Reimbursable E:cpenses. that the time for performance under In addition to payments provided for in this Agreement has been revised; or paragraphs 6.1.1 and 6.1.2, OWNER shall pay ENGINEER for Reimbursable 5.2.2. for more than one year through Expenses incurred by ENGINEER and no fault of ENGINEER, the rates and ENGINEER's Subcontractors as set forth amounts of compensation provided for in Exhibit A. The amount payable for elsewhere in this Agreement will be Reimbursable Expenses will include a subject to equitable adjustment to factor to the extent so indicated in reflect, among other things, changes Exhibit A. in the various elements that comprise Page 14 of 18 9/92 6.1.4. Tar. on Services SECTION 7--OPINIONS OF COST The amount of any excise, VAT or gross receipts tax that may be imposed shall be 7.1. Opinions of Probable Cons~'uction added to the. compensation as determined Cost. above. ENGINEER's opinions of probable 6.2. Other Provisions Concemin$ Construction Cost provided for herein are Payments. to be made on the basis of ENGINEER's experience and qualifications and repre- 6.2.1. Preparation of Invoices. sent ENGINEER's best judgment as an Invoices for Basic and Special Services experienced and qualified professional and Reimbursable Expenses will be engineer generally familiar with the prepared in accordance with ENGI- construction industry. However, since NEER's standard invoicing practices and ENGI2CEER has no control over the cost of will be submitted to OWNER by ENGI- labor, materials, equipment or services NEER at least monthly. The amount furnished by others, or over the Contrac- billed for Basic Services and Special tor's methods of determining prices, or over competitive bidding or market Services in each invoice will be calculat- conditions, ENGINEER cannot and does ed on the basis set forth in Exhibit A. not guarantee that proposals, bids or Invoices are due and payable on receipt, actual Construction Cost will not vary from opinions of probable Construction 6.2.2. Unpaid Invoices. Cost prepared by ENGINEER. If If OWNER fails to make any payment OWNER wishes greater assurance as to due ENGII~IEER for services and expenses probable Construction Cost, OWNER within thirty days after receipt of shall employanindependentcostestima- ENGINEER's invoice therefor, the tot as provided in paragraph 4.9. amounts due ENGINEER will be in- creased at the rate of 1.0% per month (or SECTION 8---GENERAL the maximum rate of interest permitted CONSIDERATIONS . by law, if less) from said thirtieth day; and, in addition, ENGINEER may, after IL1. Termination. giving seven days' written notice to OWNER, suspend services under this The obligation to provide further servic- Agreement until ENGINEER has been es under this Agreement may be terminat- paid in full all amounts due for services, ed by either party upon thirty days' expenses and charges. Payments will be written notice in the event of substantial credited first to interest and then to failure by the other party to perform in prindpal. In the event of a disputed or accordance with the terms thereof contested billing, only that portion so through no fault of the terminating contested may be withheld from pay- party. In the event of any termination, ment, and the undisputed portion will be ENGINEER will be paid for all services paid. rendered and reimbursable expenses incurred to the date of termination and, in OWNER agrees to pay ENGINEER all addition, all reimbursable expenses costs of collection including but not directly attributable to termination. limited to reasonable attorneys' fees, collection fees and court costs incurred by 8.2 Reuse of Doaunents ENGINEER to collect properly due payments. All documents including Drawings and Page 15 of 18 9/92 Specifications provided or furnished by and ENGINEER) are hereby bound to the ENGINEER (or ENGINEER's Subcontrac- other party to this Agreement and to the tots) pursuant to this Agreement are parmers, successors, executors, adminis- instruments of service in respect of the trators and legal representatives (and Project, and ENGINEER and ENGI- said assigns) of such other party, in NEER's Subcontractors, as appropriate, respect of all covenants, agreements and shall retain an ownership and property obligations of this Agreement. interest therein (including the right of reuse by and at the discretion of ENGI- 8.4.2. Neither OWNER nor ENGINEER NEER and ENGINEER's Subcontractors, may assign, sublet or transfer any rights as appropriate) whether or not the under or interest (including, but without Project is completed. OWNER may make limitation, moneys that may become due and retain copies for information and or moneys that are due) in this Agreement reference in connection with the use and without the written consent of the other, occupancy of the Project by OWNER and except to the extent that any assignment, others; however, such documents are not sub[erring or transfer is mandated by law intended or represented to be suitable for or the effect of this limitation may be reuse by OWNER or others on extensions restricted by law. Unless specifically of the Project or on any other project. Any stated to the contrary in any written such reuse without written verification or consent to an assignment, no assignment adaptation by ENGINEER and ENGI- will release or discharge the assignor NEER;s Subcontractors, as appropriate, from any duty or responsibility under this for the specific purpose intended will be Agreement. at OWNER's sole risk and without liability or legal exposure to ENGINEER, 8.4.3. Unless expressly provided other- or to ENGINEER's Subcontractors, and wise in this Agreement: OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's 8.4.3.1. Nothing in this Agreement Subcontractors from all claims, damages, shall be construed to create, impose or losses and expenses including attorneys' give rise to any duty owed by ENGI- fees arising out of or resulting therefrom. NEER to any Contractor, Subcontrac- Any such verification or adaptation will tot, Supplier, other person or entity, entitle ENGI~rEER to further compensa- or to any surety for or employee of any tion at rates to be agreed upon by of them, or give any rights in or OWNER and ENGINEER. benefits under this Agreement to anyone other than OWNER and 8.3. Controlling Law. ENGINEER. This Agreement is to be governed by the 8.4.3.2. Ail duties and responsibili- law of the principal place of business of ties undertaken pursuant to this ENGINEER. Agreement will be for the sole and exclusive benefit of OWNER and 8.4~ Successors ~nd Assigns. ENGINEER and not for the benefit of an), other party. 8.4.1. OWNER and ENGINEER each is hereby bound and the parmers, successors, 8-% Notices. executors, administrators and legal Any notice required under this Agreement representatives of OWNER and ENGI- will be in writing, addressed to the NEER (and to the extent permitted by appropriate party at the address which paragraph 8.4.2 the assigns of OWNER appears .on the signature page to this Page 16 of 18 9/92 Agreement (as modified in writing from 8.9. Discovery. time to time by such pare.,,) and given personally, by registered or certified ENGINEER shall be entitled to compen- mail, return receipt requested, by facsimi- sation on a time and materials basis when le, or by a nationally recognized over- responding to all requests for discovery night courier service. All notices shall be relating to this Project and to extent that effective upon the date of receipt. ENGINEER is not a party to the lawsuit. 8.6. Severability. SECTION 9--EXHIBITS AND SPECIAL Any provision or part of the Agreement held to be void or unenforceable under any 9.1. This Agreement is subject to the law or regulation shall be deemed provisions of the following Exhibits stricken, and all remaining provisions which are attached to and made a part of shall continue to be valid and binding the Agreement: upon OWNER and ENGINEER, who agree that the Agreement shall be 9.1.1. Exhibit A, "Further Description of reformed to replace such stricken provi- Engineering Services and Related Mat- sion or part thereof with a valid and rets/' consisting of 3 pages. enforceable provision that comes as dose as possible to expressing the intention of /).1.2. Exhibit B, "Duties, Responsibili- the stricken provision, ties and Limitations of Authority of Resident Project Representative," consist- 8.7. Unforeseen Conditions. ing of 5 pages. At any time during the life of this 9.1.3. Agreement should any substance be uncovered or encountered at the site that would void or otherwise adversely impact the ENGINEER's professional liability insurance, the ENGINEER reserves the right to renegofiate the terms and conditions of this Agreement, the fees for the ENGINEER's services, and the ENGINEER's continued involve- ment in the Project. 8.8. Insurance. ENGINEER shall procure and maintain This A~reement (consisting of Pages 1 to insurance for protection from chims under 18 inclusive, and the Exhibits identified workers' compensation acts, claims for above constitute the entire agreement damages because of bodily injury includ- between OWNER and ENGINEER and lng personal injury, sickness or disease or supersede all prior written or oral under- death of any and all employees or of any standings. This A~reement may only be person other than such employees, and amended, supplemented, modified or from claims or damages because of injury canceled by a duly executed written to or destruction of property including loss hnstrument~ of use resulting therefrom. Page 17 of 18 9/92 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. OWNER: City of Salina, Kansas ENGINEER: Camp Dresser & McKee Inc. By: Peter F. Brungardt t}y; Larry E. Elliott Title: Mayor Title: Client Officer Address for giving notices: Address for giving notices: . City Of Salina Camp 0resser & McKee Inc. P,O. Box 736 155 N. Market, Suite 910 Salina, KS 67402-0736 Wichita, KS 67202 P~ge 18 o~ I8 9/92 E)~-IIBrr A TO AGP-~M'F~NT BETWEEN OWNER AND F.,NG~ FOR PROFESSIONAL DF, SIGN SF_.R~C~ FURTHER DE, SCRIPTION OF ENGINEER3~G SE, RVICF_,S ~ RELATED MATTERS This is an exhibit attached to and made a part of the Agreement dated Sanuary 3. 1994 between the City of Salina, Kansas (OWNER) and Camp Dresser & McKee Inc. (ENGINEER) for professional services. I. The Basic Services of ENGINEER as described in Section 2 of said Agreement are amended and supplemented as follows: TASK 1: PREPARATION OF BID DOCUMENTS ENGINEER will prepare final drawings and specifications for the following items: · Cell 1 leachate transmission and temporary storage improvements; · Convenience Area improvements; · Site fencing improvements. ENGINEER will submit, .at a minimum, a 90 percent complete package to the OWNER for review and comment. ENGINEER will incorporate all comments and will finalize a 100 percent package which will be ready for construction bidding. Engineer will prepare construction specifications and a construction cost estimate for the project. TASK 2: ADVERTISE AND SECURE BIDS ENGINEER will assist the OWNER as required in advertising for bids, pre-bid questions, bid opening, and bid selection. ENGINEER will provide services during the bidding utilizing staff that are dedicated to this project. This dedication will minimize delays and will expedite the project. TASK 3: GENERAL SERVICES DURING CONSTRUCTION ENGIlqEER will provide general services during construction to include shop drawing review, response to design questions and periodic site progress inspections. DF_31GN/I2.A Page 1 of 3 TASK 4: RESIDENT ENGINEERING SERVICES ENGINEER will provide a part-time resident engineer (R.E.) for the referenced project. The R.E. will act as the OWNER's representative and construction manager throughout the entire construction project. As the OWNER's construction manager, the R.E. will assume the following responsibilities: * Review Schedules; * Chair Construction Meetings and Prepare Minutes; * Record and Distribute Shop Drawings and Samples; * Review All Work; · Reject Defective Work; · Monitor Inspection and Testing; · Interpret Contract Documents; · Review Modifications; · Maintain Field Files; · Update Owner and Engineer Schedule; · Review and Prepare Change Order Requests; · Prepare Payment Requests; · Review all Certifications; · Conduct Final Inspection; · Prepare Final Punch List; · Issue Substantial Completion Certification. The R.E. will be scheduled for a period of 70 calendar days (10 weeks). This will include one-week before and one-week following the :56 calendar day (8 weeks) construction period. A 20 hour work week is anticipated. The costs associated with this task will include administrative support; office and field supplies and equipment; and vehicle and maintenance expenses and per diem. TASK 5: GEOTECHNICAL SERVICES ENGINEER will provide limited geotechnical services to provide for the verification testing of specific construction contractor services. This will include: · Compaction testing for all placed fills, base-grades, asphalt surfaces. · Material verification testing of road base course, gravel layer, and asphalt mixture; structural concrete mixtures; and other items as necessary. DE~H3Ng2.A Page 2 of 3 2. The responsibilities of OWNER as described in Section 4 of said Agreement are amended and supplemented as follows: Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by ENGII~R, obtain advice of an attorney, insurance counselor, and other consultants as he deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services to ENGINEER. Provide such legal, accounting insurance, and other counseling services as may be required for the project. Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from other as may be necessary for completion of the Project. 3. The time periods for the performance of ENGINEER'S services as set forth in Section 5 of said Agreement are amended and supplemented as follows: The project will commence on-or-about January 3, 1994 and end on-or-about April 29, 1994, as agreed upon with the OWNER. 4. The method of payment for services rendered by ENGINEER shall be as set forth below. For the Basic Services performed under Section 2, the OWNER agrees to pay the ENGINEER as follows: For work done by the ENGINEER at the salary cost of such services for employees plus 210% of the salary cost for overhead and profit plus actual out-of-pocket expense costs. Salary cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) for time directly chargeable to the project; plus unemployment, excise, and payroll taxes; and contributions for social security, employment compensation insurance, retirement benefits, and medical and other group insurance benefits. Actual out-of-pocket expense costs are all costs other than salary costs that are incurred during the progress of the work. The actual out-of-pocket expense costs include: air fare, automobile rental if required, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs, and other miscellaneous costs incurred specifically for this project. The charges for in-house computer program and word processor usage will be a the ENGINEER's regular rates. For work done by subcontract or consultants, at the actual cost to the ENGINEER of such services plus 10 percent. The total cost of all Basic Services shall not exceed $31.400. DESION,~2.A Page 3 of 3 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES DURING BIDDING AND CONSTRUCTION DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE This is an Exhibit attached to, made a part of and incorporated by reference with the Agreement made on January 3 ~ ,19 94 , between the City of Salina, Kansas .(OWNER) and ~ Dresser & McKee Inc. .(ENGINEER) providing for professional engineering services. ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants and other field staff to assist ENGINEER in observing progress and quality of the work of Contractor. Tlxrough more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of Contractor. However, ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures selected by Contractor, for safety precautions and programs incident to the work of Contractor, for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's performing and furnishing the work, or responsibility of construction for Contractor's failure to fumi~ and perform the Work in accordance with the Contract Documents. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the OWNER and in the construction Contract Documents, and ate further limited and described as follows: A. General RPR is ENG~'s agent at the site, will act as directed by and under the supervisiOn of ENGINEER, 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 ENGIN'E~ and Contractor, keeping OWNER 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 OWNER with the knowledge of and under the direction of ENGINEER. Page 1 of 5 9/92 B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as precon- struction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. $. Liaison: a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on- site operations. b. Assist in obtaining from OWNER 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 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 ENGINE~IL 5. Revie~ of Work, Rejection of 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 will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in 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 ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Page 2 of 5 9/92 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 ENGIN'E~R. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifica- tions and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGINF..ER. 7. Mod~cafions: Consider and evaluate Contractor's suggestions for modifica- tions in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGI- NEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents including all Work Change, 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, Shop Drawing submittals received from and delivered to Contractor and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather conditions, data relative to questions of Work Change Directives, 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 and equipment. 9. Reports: a. Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing 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 Change Directives, obtaining backup material from Contractor and recommend to ENGINEER Change Page 3 of 5 9/92 Orders, Work Change Directives, and Field Orders. d. Report immediately to ENGINEER and OWNER the occurrence of any accident. 10. P,~yment Requ~ts: Review Applications for. Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to ENG]~EER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and 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 OWNER 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 completion or correction. b. Observe whether Contractor has had performed inspections required by laws, rules, regulations, ordinances, codes, or orders applicable to the work, including but not limited to those to be performed by public agencies having jurisdiction over the work. c. Conduct a final inspection in the company of ENGINEER, OWNER and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. C. Limitations of Authority by RPR Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including #or-equal" items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. Page 4 of 5 9/92 4. 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 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 Drawing or Sample submittals from anyone other than Contractor. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEE1L .Page 5 of 5 9/92