HomeMy WebLinkAboutResolution - 2022-R0130 - Amendment No. 2 Contract 15208 with Freese and Nichols 3.22.22Resolution No. 2022-RO130
Item No. 7.14
March 22, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute foz
and on behalf of the City of Lubbock, Amendment No. 2 to the Professional Services Agreement
Contract No. 15208 for services related to the Southeast Water Reclamation Plant Effluent Pumr
Station No. 2 Improvements, by and between the City of Lubbock and Freese and Nichols, Inc.;
and related documents. Said Amendment is attached hereto and incorporated in this resolution w
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
March 22, 2022
L'-'J1
DANIEL M. PO E, MAYOR
ATTEST:
Rebe I
ca Garza, City Secret
APPROVED AS TO CON T:
Jesica Mc achem, Assistant City Manager
APPROVED AS TO FORM:
Ak1al, �' --
lli Leisure, Assistant City Attorney
ccdocs/RES.Amend #2 to PSA 15208
2.21.22
Resolution No. 2022-RO130
Amendment 2
To Agreement Between
The City of Lubbock, TX
And
Freese and Nichols, Inc.
THIS IS THE SECOND AMENDMENT TO THE AGREEMENT, Contract No. 15208, dated and
entered into the 23rd day of June 2020 by and between the City of Lubbock ("City") and Freese and
Nichols, Inc. ("Engineer"), a Texas Professional Corporation, collectively ("Parties"), for providing
engineering services related to the Southeast Water Reclamation Plant Effluent Pump Station #2
Improvements ("Project").
WITNESSETH:
WHEREAS, on January 12, 2021 the Parties entered into Amendment No. 1 through the passage of
Resolution No. 2021-R0007 for engineering design services related to the Project. That amendment
granted an additional term of 360 days and additional compensation in the amount of three hundred fifty
thousand two hundred ninety-seven dollars and 00/100 ($350,297.00).
WHEREAS, the Parties now desire to enter into this Amendment No. 2 to further enlarge the scope of
services to be performed by the Engineer.
NOW, THEREFORE, the City and Engineer agree to the terms of this SECOND AMENDMENT:
The Engineer shall perform construction phase services for the Project, such services being fully
described and set forth in "Exhibit A", attached hereto and incorporated herein. The Engineer shall have
an additional 700 days to complete the additional services herein and shall be compensated for the
services at an amount not to exceed three hundred seventy-three thousand one hundred seventy-four
dollars and 00/100 ($373,174.00).
WHEREAS, all other portions of the original Agreement shall remain in place and are not altered by this
amendment.
IN WITNESS HEREOF, the parties have executed this Agreement as of this 22ndday of March
2022.
CITY OF LUBBOCK FREESE AND NICHOLS, INC.
L,[)�r_ By: /) Low' -� -
Daniel M. Po , Mayor Nicholas Lester, P.E., Vice President/Principal
ATTEST:
Pjlct�
Reb t
ca Garza, City Secretary
APPROVED AS TO CONTENT:
Michael G. Keenum, P.E., Division Director of Engineering/City Engineer
CA CA L
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
/P -&ff� —
elli Leisure, Assistant City Attorney
EXHIBIT A
AMENDMENT No. 2
SCOPE OF SERVICES FOR:
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
GENERAL AND RESIDENT REPRESENTATION
GENERAL:
Due to upgrades to the wastewater treatment process and changes in pumping operations at the Effluent
Pump Station #2 (The "Project"), the City of Lubbock will be issuing a request for qualifications to construct
upgrades to the Pump Station including new pumps, valves, piping and variable frequency drives to
increase the pump station efficiency and reduce energy costs. In addition to adding VFDs, other mechanical,
structural, electrical and HVAC improvements identified in the Construction Documents required to bring
the Pump Station up to current codes and meet the pumping capacity requirements will be included in the
final design.
A.The Project's primary objectives of this Amendment will consist of the following:
1.General Representation for Construction of Effluent PS No.2 Improvements
2. Resident Project Representation (RPR) for Construction of Effluent PS No.2 Improvements
B.The following are not part of the Project:
1.Assessment, modification, general representation, or resident project representation for facilities
at the SEWRP other than the Effluent Pump Station No.2.
BASIC SERVICES: The Basic Services include the construction phase services and resident representation
services during construction, startup services, and commissioning. ENGINEER shall render the following
professional services in connection with the development of the Project:
A. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed
with the performance of construction phase services as described below. FNI will endeavor to protect
Owner in providing these services however, it is understood that FNI does not guarantee the
Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and
employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures
of construction selected by the Contractor, or any safety precautions and programs relating in any way
to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be
FNI Professional Agreement Page 1 of 14
responsible for the acts or omissions of any person (except its own employees or agents) at the Project
site or otherwise performing any of the work of the Project.
1. Assist Owner in conducting a:
a. pre -construction meeting (Resident Project Representative, PM and Sr Electrical
Engineer to attend in person, other team members virtual)...
..with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant
to the requirements of the construction contract, and prepare a proposed estimate of monthly
cash requirements of the Project from information provided by the Construction Contractor.
2. Establish communication procedures with the Owner and contractor. Submit monthly reports
of construction progress. Reports will describe construction progress in general terms and
summarize project costs, cash flow, construction schedule and pending and approved contract
modifications.
3. Establish and maintain a project documentation system consistent with the requirements of
the construction contract documents. Monitor the processing of contractor's submittals and
provide for filing and retrieval of project documentation. Produce monthly reports indicating
the status of all submittals in the review process. Review contractor's submittals, including,
requests for information, modification requests, shop drawings, schedules, and other
submittals in accordance with the requirements of the construction contract documents for the
projects. Monitor the progress of the contractor in sending and processing submittals to see
that documentation is being processed in accordance with schedules.
4. Based on FNI's observations as an experienced and qualified design professional and review of
the Payment Requests and supporting documentation submitted by Contractor, determine the
amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to
the General Conditions of the Construction Contract.
5. Progress Meetings and Site Visits -General Representative to:
a. host construction progress meetings bi-monthly for the first eighteen months of the
construction period (entirely virtual, while the equipment to be installed is being
procured by the construction contractor).
b. make one site visit per month (by the PM and Senior Electrical Engineer) for the final
three months of the construction period (once equipment is being installed) to observe
the progress and the quality of work and to attempt to determine in general if the work
is proceeding in accordance with the Construction Contract Documents.
FNI Professional Agreement Page 2 of 14
In this effort FNI will endeavor to protect the Owner against defects and deficiencies in the
work of Contractors and will report any observed deficiencies to Owner. Visits to the site in
excess of the specified number are an additional service.
6. Notify the contractor of non -conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports, equipment installation reports or
other documentation required by the Construction contract documents.
7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project.
8. Interpret the drawings and specifications for Owner and Contractor(s). Investigations, analyses,
and studies requested by the Contractor(s) and approved by Owner, for substitutions of
equipment and/or materials or deviations from the drawings and specifications is an additional
service.
9. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the contractor on behalf of the Owner to
determine the cost and time impacts of these changes. Prepare change order documentation
for approved changes for execution by the Owner. Documentation of field orders, where cost
to Owner is not impacted, will also be prepared. Investigations, analyses, studies or design for
substitutions of equipment or materials, corrections of defective or deficient work of the
contractor or other deviations from the construction contract documents requested by the
contractor and approved by the Owner are an additional service. Substitutions of materials or
equipment or design modifications requested by the Owner are an additional service.
10. Prepare documentation for contract modifications required to implement modifications in the
design of the project. Receive and evaluate notices of contractor claims and make
recommendations to the Owner on the merit and value of the claim on the basis of information
submitted by the contractor or available in project documentation. Endeavor to negotiate a
settlement value with the Contractor on behalf of the Owner if appropriate. Providing these
services to review or evaluate construction contractor(s) claim(s), supported by causes not
within the control of FNI are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished
equipment or materials.
12. Conduct, in company with Owner's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
FNI Professional Agreement Page 3 of 14
Construction Contract Documents. Prepare a list of deficiencies to be corrected by the
contractor before recommendation of final payment. Assist the City in obtaining legal releases,
permits, warranties, spare parts, and keys from the contractor. Review and comment on the
certificate of completion and the recommendation for final payment to the Contractor(s).
Visiting the site to review completed work in excess of two trips are an additional service.
13. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. Five (5) half -sized
sets and Two (2) full-sized sets of prints of "Record Drawings" shall be provided by FNI to
Owner.
SPECIAL SERVICES: FNI shall render the following special services in connection with The Project:
There are no special services associated with this Amendment.
TIME OF PERFORMANCE: FNI is authorized to commence work on The Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
• 700 calendar days from the Notice to Proceed.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. In the event FNI asserts that it is entitled to additional time, it
shall provide notice to the OWNER as soon as reasonably practicable after the event allegedly causing such
delay shall occur ("Delay Event"), but in no event to exceed five (5) business days after the occurrence of
the Delay Event. FNI shall use and exercise all diligence to promptly remove or remediate such Delay Event.
In the event notice of the Delay Event shall not be provided as prescribed herein, FNI shall not be entitled
to relief from schedule as provided in this AGREEMENT. These delays may include but are not limited to
delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, except any
delays occasioned by subcontracts or sub consultants of FNI, and governmental approvals. These delays
may result in an adjustment to compensation.
FNI Professional Agreement Page 4 of 14
EXHBIT A, PART 2, ADDITIONAL SERVICES
AMENDMENT No. 2
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
GENERAL AND RESIDENT REPRESENTATION
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner, which are not
included in the above described General Service, Basic Services, and Special Services, are, except as may
otherwise provided to be performed by FNI, described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. Providing renderings, model, and mock-ups requested by the Owner.
C. Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by Owner or 2) due to other causes not
solely within the control of FNI.
D. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction, and providing services as may be required in connection with the
replacement of such Work.
E. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Owner.
F. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
G. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test.
H. Preparing Operation and Maintenance Manuals or conducting operator training.
Preparing data and reports for assistance to Owner in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency, court, arbitration panel or mediator.
Assisting Owner in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
FNI Professional Agreement Page 5 of 14
disputes with Contractor(s).
K. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
L. Assisting Owner in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on
a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. This
provision shall not apply to any expense related to a legal action to which FNI is a party.
M. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting
assistance, and other assistance required to address environmental issues.
N. Performing investigations, studies, and analysis of work proposed by construction contractors to
correct defective work.
O. Design, contract modifications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
P. Services required to resolve bid protests or to rebid the projects for any reason other than fault of
any type or degree of FNI.
Q. Visits to the site in excess of the number of trips included in the General Services, Basic Services, or
Special Services for periodic site visits, coordination meetings, or contract completion activities.
R. Any service required as a result of default of the contractor(s) or the failure, for any reason, of the
contractor(s) to complete work within the contract time.
S. Providing services after the completion of the construction phase not specifically listed in Article I.
T. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form, except as noted in the scope of services.
U. Providing value engineering studies or reviews of cost savings proposed by others.
V. Prepurchase or preselection or any alternate contract structure or number of contracts other than
stipulated in Exhibit A — Basic Services.
W. Provide any services after the satisfactory conclusion and completion of the General Services, Basic
Services, and Special Services of the Project.
X. Provide follow-up professional services during Contractors warranty period.
FNI Professional Agreement Page 6 of 14
EXHBIT A, PART 3, RESPONSIBILITIES OF THE OWNER
AMENDMENT No. 2
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
GENERAL AND RESIDENT REPRESENTATION
RESPONSIBILITIES OF OWNER: Owner shall perform the following in a timely manner so as not to delay the
services of FNI:
A. Owner recognizes and expects that certain Change Orders, herein so called, may be required.
Any responsibility of Engineer for the costs of Covered Changed Orders will be determined on the
basis of applicable contractual obligations and professional liability standards. For purposes of this
paragraph, the responsibility of Engineer for the costs of Change Orders will not include:
• any costs that Owner would have incurred if the Change Order work had been included
originally in the Contract Documents and its lack of inclusion was not due, in whole or in part,
to any fault, error, or omission of Engineer related thereto,
• Any costs that are due to unforeseen site conditions, or
• Any costs that are due to changes made by the Owner.
• Any costs that are incurred due to the negligence of the construction contractor
Wherever used in this document, the term Engineer includes Engineer's officers, directors,
partners, employees, agents, and Engineers Consultants.
B. Designate in writing a person to act as Owner's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define Owner's policies and decisions with respect
to FNI's services for the Project.
C. Provide all criteria and full information as to Owner's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which Owner will require to be included in the drawings and specifications.
FNI Professional Agreement Page 7 of 14
D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project as provided in
this AGREEMENT.
E. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as
Owner deems appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of FNI.
G. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project, except as otherwise the responsibility of FNI as provided in this AGREEEMENT.
H. Attend the pre -bid conference, bid opening, preconstruction conference, construction progress and
other job related meetings and substantial completion inspections and final payment inspections.
Give prompt written notice to FNI whenever Owner observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services.
Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit "A," Part 2, if deemed
necessary by Owner.
K. Bear all costs incident to compliance with the requirements of this Exhibit "A", Part 3.
L. Provide the following services, unless provided specifically otherwise in this Agreement:
a. Pay all permits fees and mitigation cost.
b. Provide advertisement for bids in local publications as required.
FNI Professional Agreement Page 8 of 14
EXHIBIT B, PART 1— BUDGET
AMENDMENT No.2
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
GENERAL AND RESIDENT REPRESENTATION
CITY and ENGINEER have established a not -to -exceed budget of $373,174 to complete all services under
this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the
ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as
EXHIBIT C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The
Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B.
CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility
in providing the needed services within the not -to -exceed budget.
ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of
Work or Time of Performance, then this can result in an amendment to this contract which shall be
negotiated at that time.
The budget assumes that all work will be completed within 700 calendar days from the Notice to Proceed.
Phase
7
8
Budget - General and Resident Representation
Detailed Breakdown
Description
GENERAL REP (21 months)
RESIDENT REP (21 months)
Fee
$ 169,643
$ 203,531
Total $ 373,174
FNI Professional Agreement Page 9 of 14
EXHIBIT B, PART 2, HOURLY RATE SCHEDULE COMPENSATION
AMENDMENT No.2
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
GENERAL AND RESIDENT REPRESENTATION
COMPENSATION ATTACHMENT CO
Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of Three Hundred Seventy Three
Thousand One Hundred Seventy Four Dollars ($373,174).
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those
services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before
proceeding. Additional Services shall be computed based on the following Schedule of Charges.
Position
Hourly Rate
Principal / Group Manager
342
Professional 6
335
Professional 5
270
Professional 4
232
Professional 3
194
Professional 2
170
Professional 1
140
CAD Technician/Designer 3
188
CAD Technician/Designer 2
141
CAD Technician/Designer 1
112
Senior CAD Technician/Designer
232
Construction Manager 4
220
Construction Manager 3
151
Construction Manager 2
143
Construction Manager 1
112
Corporate Project Support 3
157
Corporate Project Support 2
141
Corporate Project Support 1
108
Intern / Coop
73
Rates for In -House Services and Equipment
Mileage
Bulk Printing and Reproduction
Standard IRS Rates
B W
Color
Small Format (per copy)
$0.10
$0.25
Technology Charge
Large Format (per sq. ft.)
$8.50 per hour
Bond
$0.25
$0.75
Glossy/Mylar
$0.75
$1,25
Vinyl/Adhesive
$1.50
$2.00
Mounting (per sq. ft.) $2.00
Binding (per binding) $0.25
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For
other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members, these services will be billed at a cost times a
multipler of 1.10. For Resident Representative services performed by non-FNI employees and CAD services performed in-
house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the
same or similar services
FNI Professional Agreement Page 10 of 14
EXHBIT C, PROJECT REPRESENTATION
AMENDMENT No.2
SOUTHEAST WATER RECLAMATION PLANT (SEWRP) EFFLUENT PUMP STATION #2 IMPROVEMENTS
GENERAL AND RESIDENT REPRESENTATION
A. The ENGINEER will provide the following construction phase staff for construction of Effluent
Pump Station #2 as follows:
Resident Project Rep/Inspector 77 Weeks @ 4hrs/wk; 13 Weeks @ 40hrs/wk
Document Control Specialist (not at site) 77 Weeks @ 0.5 hr/wk; 13 Weeks @ 1 hr/wk
General Project Representation shall be performed by members of the project design team.
An estimate of hours for General Representation is included in the Detailed Cost Breakdown.
B. The ENGINEER will have a Resident Project Representative on the Site part-time. The duties,
responsibilities and the limitations of authority of the Resident Project Representative are as
follows:
1. Resident Project Representative is ENGINEER's agent at the site, will act as directed by
and under the supervision of ENGINEER, and will confer with ENGINEER regarding
Resident Project Representative's actions. Resident Project Representative's dealings in
matters pertaining to the on -site Work shall in general be with ENGINEER and
CONTRACTOR, keeping Owner advised as necessary. Resident Project Representative's
dealings with Subcontractors shall only be through or with full knowledge and approval
of CONTRACTOR. Resident Project Representative shall generally communicate with
Owner with the knowledge of and under the direction of ENGINEER.
C. Duties and Responsibilities of Resident Project Representative:
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and
schedules of values prepared by CONTRACTOR and consult with ENGINEER concerning
acceptability.
2. 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 CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of Contract
FNI Professional Agreement Page 11 of 14
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. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to determine if the Work is
in general proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever Resident Project Representative 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 the Resident
Project Representative believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or approval.
C. Verify that tests, equipment and systems start-up and operating and maintenance
training are conducted in the presence of appropriate personnel, and the
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.
5. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR
clarifications and interpretations as issued by ENGINEER.
6. Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions
to Drawings or Specifications and report with Resident Project Representative's
recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as
issued by ENGINEER.
7. Records:
a. Maintain orderly electronic copies of files for correspondence, reports of job
conferences, Shop Drawings and Samples, reproductions of original Contract
FNI Professional Agreement Page 12 of 14
Documents, including all Work Change Directives, Addenda, Change Orders, Field
Orders, Written Amendments, additional Drawings issued subsequent to the
execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, submittals and correspondence received
from and delivered to CONTRACTOR and other Project related documents.
8. 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
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 Written Amendments, Change Orders and Work Change
Directives, obtaining backup material from CONTRACTOR and recommend to
ENGINEER Written Amendments, Change Orders, Work Change Directives, and
Field Orders.
d. Report immediately to ENGINEER and Owner the occurrence of any accident.
9. Payment Requests: Review Applications for Payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to Owner, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and materials and equipment at
the Site but not incorporated in the Work.
10. 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.
11. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to
CONTRACTOR a list of observed items requiring completion or correction.
FNI Professional Agreement Page 13 of 14
b. Observe whether CONTRACTOR has performed inspections required by laws or
regulations, ordinances, codes or order applicable to the Work, including 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.
D. Duties and Responsibilities of General Project Representative in addition to Basic Services:
1. Shop Drawings and Samples:
a. Receive Samples which are furnished at the Site by CONTRACTOR, and notify
ENGINEER of availability of Samples for examination.
b. 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.
E. Limitations of Authority of 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 Agreement or the
Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor,
Suppliers, or CONTRACTOR's superintendent.
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 Documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work or any activities or operations
of Owner or CONTRACTOR.
6. Shall not accept shop drawing or sample submittals from anyone other than the
CONTRACTOR.
7. Shall not participate in specialized field or laboratory tests or inspections conducted by
others, except as specifically authorized by ENGINEER.
FNI Professional Agreement Page 14 of 14