HomeMy WebLinkAboutResolution - 2005-R0102 - Professional Services Agreement - Lockwood, Andrews & Newman, Inc. - 03_04_2005Resolution No. 2005-RO102
March 4, 2005
Item 32
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Master Agreement
between Owner and Engineer for Professional Services, an additional Work
Authorization Based upon Master Agreement between Owner and Engineer for
Professional Services, and all work documents related thereto by and between the City of
Lubbock, Texas and Lockwood, Andrews & Newman, Inc., a Texas corporation, attached
hereto, which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 4th
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
WoodYralillin,
Interim Chief Engineer
Water Utilities
ms/cityatt/mitch/LAN Resolution -Phase II
Feb. 24, 2005
day of March
2005.
Resolution No. 2005-RO102
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use,
completion or modification. This document should be adapted to the particular circumstances of the contemplated
Project and the applicable laws of the jurisdiction in which the professional services for the Project are to be
nerfnrme-d
WORK AUTHORIZATION BASED UPON
MASTER AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS A WORK AUTHORIZATION made as of March 4 , 2005 ,
between City of Lubbock ("OWNER'S
and Lockwood, Andrews & Newnam, Inc. ("ENGINEER") and is governed by all provisions of the OWNER -ENGINEER
MASTER AGREEMENT dated August 24, 2004.
OWNER intends to construct the following:
1) Southwest Pump Station (12 mgd pump station and 5 MG GST); and
2) Transmission and Distribution Mains to include
a) 30-inch transmission main from the new pump station to Milwaukee Avenue (400 LF);
b) 24-inch transmission main from the new pump station to the existing 24-inch main at
intersection of 73`a Street and Iola Avenue (3,300 LF);
c) 24-inch distribution main from existing 24-inch main at intersection of 73nd Street and Genoa
Avenue to existing main on Frankford Avenue (600 LF); and
d) Pressure reducing valves on existing distribution mains at the intersections of 82°a Street and
Milwaukee Avenue and 1146 Street and Milwaukee Avenue.
(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 ENGINEER with respect to the Project and the payment for those services
by OWNER as set forth below and in the Master Agreement between the parties dated August 24, 2004. Execution of the
Work Authorization by ENGINEER and OWNER constitutes OWNER's written authorization to ENGINEER to proceed on
the date first above written with the first phase of the Basic Services described in Section 2 of the Master Agreement and as
further set forth in Exhibit A, "Further Description of Basic Engineering Services and Related Matters" ("Exhibit A") of this
Work Authorization and in the other exhibits listed in Section 9 of the Master Agreement and as designated below. This
Work Authorization will become effective on the date first above written.
Page 1 of 2 pages LAN 193
SECTIONS 1-8—AS IDENTIFIED IN MASTER
AGREEMENT
SECTION 9—EXHIBITS AND SPECIAL PROVISIONS
Sections 9.1.1 - 9.1.4 as identified in Master Agreement.
9.1.5 Exhibit A, "Further Description of Basic Engineering
Services and Related Matters," consisting of 5 pages.
9.1.6 Exhibit B, "Payments to Engineer for Services and
Reimbursable Expenses," consisting of 2 pages.
9.1.7 Exhibit C, "Duties, Responsibilities and Limitations
of Authority of Resident Project Representative," consisting
of 3 pages.
9.1.8 Exhibit E, "Construction Cost Limit," consisting of
pages. — NOT USED
9.1.9 Exhibit I, "Special Provisions," consisting of
pages. — NOT USED
9.2 As identified in Master Agreement.
9.3. This Work Authorization (consisting of pages 1 to 2,
inclusive and the Exhibits identified above), becomes part
of the Master Agreement between OWNER and
ENGINEER. .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written.
Title: Manor i
Address for giving notices:
1625 — 13th Street
Lubbock, TX 79401
AS TO CONTENT:
Title:
Address for giving notices:
ENGINEER:
By: Brian D. Rice, PE
Title: Regional Manager
Address for giving notices:
10801 N. Mopac Expressway, Building 1, Suite 120
Austin, TX 78759
AS TO FORM:
WE
V 11A FA MORE'
Jr
Address for giving notices:
Page 2 of 2 pages
LAN 193
Resolution No. 2005-RO102
This is EXHIBIT A, consisting of 4 pages, referred to in the
Agreement between OWNER and ENGINEER for Professional
Services, dated March 4 _2005.
Initial:
OWNER/
ENGINEER "
Further Description of Basic Engineering Services and Related Matters
Sections 2, 3, 4 and 5 of the Master Agreement are amended and supplemented and the time periods for the
performance of the Basic Services as indicated in Section 5 of the Master Agreement are established, all as indicated below:
SECTION 2—BASIC SERVICES OF ENGINEER
A2.0 General.
The Basic Services are premised on the following general scope of professional services:
Task 1: Site Investigation.
Specific tasks include the following:
■ Topographic survey of proposed pump station site (approximately 5 acres);
■ Topographic survey of recommended transmission and distribution main routes;
■ Topographic survey of proposed locations for pressure reducing valves; and
■ Geotechnical investigation, to include report, of pump station site and proposed transmission and
distribution main routes.
Task 2: Pump Station and Site Design.
Specific tasks include the following:
■ Civil engineering design, including drawings, for the site layout to include roads, parking,
building and ground storage tank locations, pump station building, yard piping, and design of
ground storage tank inlet -outlet configuration, roof type and accessories;
■ Mechanical engineering design, including drawings, for the pumps and piping and related
appurtenances located inside the pump station building and HVAC and plumbing design for the
building;
■ Architectural design, including drawings, for the pump station and design of architectural features
(if any) for the ground storage tank;
■ Structural engineering design, including drawings, for the pump station. Structural design does
not include the foundation design for the ground storage tank, this is to be completed by the tank
supplier;
■ Electrical engineering design, including drawings, for the pump station and site to include
primary service and emergency generation systems; and
■ Provide a transient hydraulic analysis for the proposed pump station and transmission mains to
determine the provisions to be included in the construction to lessen the impacts of any transients
in the system.
■ The design does not include security provisions such as site security cameras, intruder detection
systems, and/or secure access systems.
Task 3: Transmission Main and Pressure Reducing Valve Design.
Specific tasks include the following:
■ Civil engineering design, including drawings, for the proposed 30-inch main from the site to
Milwaukee Avenue;
■ Civil engineering design, including drawings, for the proposed 24-inch main from the site to the
Pagel of 5 Pages
(Exhibit A - Basic Services and Related Matters) LAN193
intersection of 73`d Street and Iola Avenue;
Civil engineering design, including drawings, for the proposed 24-inch main from the intersection
of 73'd Street and Genoa Avenue to Frankford Avenue;
Civil engineering design, including drawings, for the proposed pressure reducing valves at the
intersection of 82°d Street and Milwaukee Avenue and 114" Street and Milwaukee Avenue;
Civil design includes applicable plan and profile drawings, traffic control design,
erosion/sedimentation control design and applicable details;
Task 4: Coordination with Government Entities.
Specific tasks include the following:
Preparing a Conditional Letter of Map Revision (CLOMR) and/or a Letter of Map Revision
(LOMR) to revise the FEMA maps such that the proposed pump station site will not be contained
within the 100-year floodplain, and
Prepare necessary documentation and meet with the Texas Commission on Environmental
Quality (TCEQ) to obtain a waiver from the TCEQ's requirements for overhead water storage
requirements.
Task 5: Construction Document Preparation.
Specific tasks include the following:
■ Prepare contract documents to be included in the packaged to be issued for construction bids, and
■ Prepare technical specifications to identify equipment types and minimum construction standards
to be followed by the Contractor.
Task 6: Submittals, Meetings, and Other Documentation to be Provided.
Specific tasks include the following:
■ 60% design submittal for Owner's review to include: drawings, list of anticipated specifications
and the Engineer's Opinion of Probable Cost for the project;
■ 90% design submittal for Owner's review to include: drawings, specifications and the Engineer's
Opinion of Probable Cost for the project;
■ Final plan submittal for bidding purposes including plans, specifications and contract documents;
and
■ Monthly conferences with the Owner during the design phase for design reviews and updates.
Task 7: Bidding Phase.
Specific tasks include the following:
■ Distributing plans to potential bidders;
■ Conduct a pre -bid conference for the project;
■ Field contractor questions;
■ Issue addenda, as necessary;
■ Prepare bid tabulations;
■ Evaluate bids for accuracy and completeness; and
■ Recommend a contractor to the Owner.
Task 8: Construction Phase.
Specific tasks include the following:
■ Resident Project Representative for 5 hours per day for 5 days a week for a duration of 54 weeks;
■ Conduct a pre -construction meeting for the project;
■ Review shop drawings;
■ Answer contractor RFI's;
■ Monthly site visits to review progress;
Page 2 of 5 Pages
(Exhibit A - Basic Services and. Related Matters) LAN193
• Prepare a final punchlist; and
• Prepare record drawings.
Task 9: Start -Up Phase.
Specific tasks include the following:
■ Provide an engineer for three days to assist with start-up of the pump station.
A2.0.1 The following services listed in Section 3, Additional Services, are hereby specifically deleted from that
Section and will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified
below:
3.1.1 Assistance in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the project;
3.1.15 Providing field surveys for design purposes.
A2.0.2. The following services listed in Section 4, OWNER's Responsibilities, are hereby specifically deleted from that
Section and will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified
below:
4.4.4 Environmental assessments, audits, investigations and impact statements, and other relevant
environmental studies as to the Project, the site and adjacent areas;
4.5 Provide, as required by the Contract Documents, field surveys for design purposes.
A2.0.3. Section 2, Basic Services of ENGINEER, is hereby amended or supplemented to provide that the following
services will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified
below:
N/A
A2.2. Preliminary Design Phase.
A2.2.5. During the Preliminary Design Phase ENGINEER shall:
(insert amendments or supplements to paragraph 2.2.)
N/A
A2.2.6.1. 10 sets of ENGINEER's Preliminary Design documentation will be submitted.
A2.2.6.2. The preliminary design documentation will be submitted within an agreed upon schedule with the Owner,
following written authorization from OWNER to ENGINEER to proceed with the Preliminary Design Phase
services.
A2.3.
A2.3.6.
A2.3.7.
Final Design Phase.
During the Final Design Phase ENGINEER shall:
(insert amendments or supplements to paragraph 2.3.)
N/A
10 sets of Final Design Documents will be submitted to OWNER.
Page 3 of 5 Pages
(Exhibit A - Basic Services and Related Matters)
LAN 193
0
A2.3.8. The final design documentation will be submitted within an agreed upon schedule with the Owner, following
written authorization from OWNER to ENGINEER to proceed with the Final Design Phase Services.
A2.3.8. The number of prime contracts for work designed or specified by ENGINEER upon which the ENGINEER's
compensation has been established under this Agreement is 1.
A2.4. Bidding or Negotiating Phase.
A2.4.6. During the Bidding or Negotiating Phase ENGINEER shall:
(insert amendments or supplements to paragraph 2.4.)
A.2.4.6.1 10 sets of Bid Documents will be submitted to. OWNER.
A2.5. Construction Phase.
A2.5.15. During the Construction Phase ENGINEER shall:
(insert amendments or supplements to paragraph 2.5.)
N/A
2.5.16. The Construction Phase Services will commence within 120 calendar days following the completion of the
Final Design Phase.
2.5.17. The Construction Phase Services will be completed within 55 weeks following the Notice -to -Proceed given to
the Contractor by the Owner.
A2.6. Operational Phase.
2.6.7. During the Operational Phase ENGINEER shall:
(insert amendments or supplements to paragraph 2.6.)
N/A
SECTION 3—ADDITIONAL SERVICES OF ENGINEER
A3.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and
will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as
indicated:
None.
A3.0.2. The following services listed in Section 4, OWNER's Responsibilities, are hereby specifically deleted from that
Section and will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1
or 3.2 as indicated:
None.
A3.0.3 Section 3, Additional Services of ENGINEER, is hereby amended or supplemented to provide that the
following services will be performed or furnished by ENGINEER as part of Additional Services under
paragraph 3.1 or 3.2 as indicated:
(insert amendments or supplements to paragraph 3.1 or 3.2 as applicable)
None.
SECTION 4—OWNER'S RESPONSIBILITIES
Page 4 of 5 Pages
(Exhibit A -Basic Services and Related Matters)
LAN 193
I
A4.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and
will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4:
None.
A4.0.2. The following services listed in Section 3, Additional Services, are hereby specifically deleted from that
Section and will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4:
None.
A4.0.3 Section 4, OWNER's Responsibilities, is hereby amended or supplemented to provide that the following
services or responsibilities will be performed or furnished by OWNER as part of OWNER's Responsibilities
under Section 4:
None.
A4.11 OWNER intends to employ each of the independent consultants listed below to perform or furnish services in
regard to the Project for the respective scope of services listed below for each. Payments to ENGINEER for
Services in Section 6 hereof are based on the participation in the Project of OWNER's independent consultants
as described herein.
None.
Page 5 of 5 Pages
(Exhibit A - Basic Services and Related Matters) LAN193
Resolution No. 2005-RO102
This is EXHIBIT B, consisting of 2 pages, referred to in the
Agreement between OWNER and ENGINEER for Professional
Services, dated March 4 , 2005.
Initial. -
OWNER a—
ENGINEER
Payments to ENGINEER for Services and Reimbursable Expenses
Section 6 of the Master Agreement is amended and supplemented to include the following agreement of the parties:
Lump Sum Method of Payment
(with additional payments on a Standard Hourly Rate basis for Study and RepeA Phase serwiees,
Resident Project Representative and Opffational Phase Services
and additional payments for Reimbursable Expenses)
SECTION 136—PAYMENTS TO ENGINEER
B6.1. Methods of Payment for Services and Expenses of
ENGINEER.
B6.1.1. For Basic Services. OWNER shall pay
ENGINEER for Basic Services as follows:
B 6.1.1.1. General. A lump sum fee of $522,175.00 for
all services of ENGINEER (except for Study and Rep
ert
services of ENGINEER's Resident Project
Representative performed or furnished under paragraph
2.5.2.1
Awnished under ) including services of
ENGINEER's Consultants.
B6.1.1.3. Resident Project Representative Services. For
services of ENGINEER's Resident Project
Representative performed or furnished under paragraph
2.5.2.1., on a Standard Hourly Rate for all services of
ENGINEER with an amount not to exceed $101,250.00,
for services performed or furnished by principals and
employees engaged directly in resident Project
representation.
B6.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services as follows:
B6.1.2.1. General. For services of ENGINEER's
principals and employees engaged directly on the Project
performed or furnished pursuant to paragraph 3.1 or 3.2
(except services as a consultant or witness under
paragraph 3.1.17), an amount equal to ENGINEER's
Standard Hourly Rate Basis.
B6.1.2.2. ENGINEER's Consultants. For services of
ENGINEER's Consultants performed or furnished
pursuant to paragraph 3.1 or 3.2, the amount billed to
ENGINEER therefor times a factor of 1.10.
Page 1 of 2 Pages
(Exhibit B — Lump Sum Method)
B6.1.3. For Reimbursable Expenses. OWNER shall pay
ENGINEER for Reimbursable Expenses such as:
Reprographics
Deliveries
Equipment Rentals (Geotech)
Etc.
The amount payable to ENGINEER for Reimbursable
Expenses will be the charge actually incurred or the
imputed cost allocated by ENGINEER therefor times a
factor of 1.10.
B6.1.4 Standard Hourly Rate. Standard Hourly Rate means
that for each class of employee rates shall include all labor,
overhead, and profit necessary to perform the requested
services, and shall be set forth in the Standard Hourly Rates
Schedule set out in the table below:
The employees of ENGINEER and the imputed current
hourly rate schedule of such employees are as follows:
Employee Classification
Hourly Rate
Principal
$150
Project Manager
$150
Assistant Project Manager
$125
Senior Civil Engineer
$115
Project Engineer
$100
Associate Civil Engineer (EIT)
$85
Senior CADD Designer
$85
CADD Desi ner/Technician
$70
Clerical
$50
B6.1.5. Adjustment of Salary Costs. The Standard Hourly
Rates will be adjusted annually and equitably, after one year
from the date of the contract, to reflect changes in the
various elements that comprise such Standard Hourly Rates
not to exceed a 2% increment. All such adjustments will be
in accordance with generally accepted accounting practices
as applied on a consistent basis by ENGINEER and
consistent with ENGINEER's overall compensation
practices and procedures.
B6.2. Other Provisions Concerning Payments.
B6.2.1. Preparation of Invoices. The amount billed for
ENGINEER's services will be based on the Standard
Hourly Rate incurred at the time of billing.
B6.2.2. Payments Upon Termination.
B6.2.2.I. In the event of termination during any phase
of the Basic Services, ENGINEER will be paid for
services performed or furnished in accordance with this
Agreement during that phase on the basis of
ENGINEER's Standard Hourly Rate for services
performed or furnished during that phase to date of
termination by ENGINEER's principals and employees
engaged directly on the Project.
Page 2 of 2 Pages
(Exhibit B — Lump Sum Method)
LAN 193
Resolution No. 2005-RO102
This is EXHIBIT C, consisting of 3 pages, referred to in the
Agreement between OWNER and ENGINEER for Professional
Services, dated March 4 , 2005.
Initial:
OWNER
ENGI
Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
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.
Through 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 furnish and perform the Work in accordance with the Contract Documents. In
particular, the specific limitations set forth in paragraph 2.5 of the Agreement are applicable.
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 are further limited and described as follows:
A. General
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of 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 ENGINEER 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.
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 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 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.
Page 1 of 3 Pages
(Exhibit C - Resident Project Representative) LAN193
c. Advise ENGINEER and Contractor of the commencement of any Work requiring a Shop Drawing or
Sample if the submittal has not been approved by ENGINEER.
5. Review of Work, Rejection 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.
c. Verify that tests, equipment and systems startups 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 startups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project,
record the results of these inspections and report to ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the
Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by
ENGINEER.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications
and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued
by ENGINEER.
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 Directives, 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 Orders, Work Change Directives, and Field Orders.
d. Report immediately to ENGINEER and OWNER the occurrence of any accident.
Page 2 of 3 Pages
(Exhibit C - Resident Project Representative) LAN193
10. Payment Requests: Review Applications for Payment with Contractor for compliance with the established
procedure for their submission and forward with recommendations to ENGINEER, noting particularly the
relationship of the payment 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:
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.
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.
6. Shall not accept Shop Drawing or Sample submittals from anyone other than Contractor.
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 ENGINEER.
Page 3 of 3 Pages
(Exhibit C - Resident Project Representative) LAN193