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HomeMy WebLinkAbout2002 01 14 Consent Item H Construction Adminstration Services for Tuskawilla COMMISSION AGENDA ITEM H CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR January 14,2002 Meeting MGR r fDEPT //f/ Authorization REQUEST: Public \\:,orks Department Requesting Authorization to Execute Supplement 1 to Amendment 64 - Construction Administration Services for Tuskawilla (Main Street) and Hickory Park Grove Boulevard with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: The purpose of this Board item is to request authorization to Execute Supplement 1 to Amendment 64 - Construction Administration Services for Tuskawilla (Main Street) and Hickory Park Grove Boulevard with Conklin, Porter & Holmes Engineers, Inc. at a cost of$121,605.00. CONSIDERATIONS: This supplement is needed to provide construction administration services for the construction of Main Street and Hickory Park Grove Boulevard and the associated infrastructure. The project is needed to fulfill the City's obligation under the Schrimsher and IDC Calhoun developer agreements. The scope and complexity of this project coupled with reductions in City technical staff the last several years necessitates the use of a consultant to provide adequate project oversight. The scope of work includes preconstruction coordination, daily inspections, shop drawing approval, change order preparation, regulatory certifications and construction administration. The construction contract period is 270 days. The cost for this supplement breakdown is $121,605. This represents approximately 6% to 7% of the overall project cost depending on the alternative selected. January 14, 2002 Consent Agenda Item H Page 2 FUNDING: The initial funding source for this project expenditure of$121,605.00 is the 1991-2001 One-Cent Sales Tax from Seminole County. The funds for this project will be expended over the next 300 days. REcOMMENDA TION: It is recommended that authorization be given to execute Supplement 1 to Amendment 64 - Construction Administration Services for Tuskawilla (Main Street) and Hickory Park Grove Boulevard with Conklin, Porter & Holmes Engineers, Inc. at a cost of$121,605.00 payable from the One-Cent Sales Tax Funds from Seminole County. IMPLEMENTA TION SCHEDULE: The scope of services will be completed within 270 days of approval. ATTACHMENTS: 1. Supplement 1 to Amendment 64 COMMISSION ACTION: A TT ACHMENT NO. 1 -I SUPPLEMENT 1 to AMENDMENT 64 CONSTRUCTION ADMINISTRATION SERVICES FOR TUSKAWILLA and HICKORY ROADS BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2002, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Supplement to Amendment 64, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Construction Administration Engineering Services, more specifically itemized herein for the roadway improvements to Tuskawilla Road from S.R. 434 to St. John's Landing entrance and Hickory Grove Parkway. SECTION 2 -BASIC SERVICES OF THE ENGINEER 2.1 GENERAL. 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 The ENGINEER will serve as the OWNER'S professional engineering representative in those phases of the project to which this Amendment applies, and will give consultation and advice to the OWNER during the performance of his services. The ENGINEER will perform the services forthe City Commission under the general supervision of the City Manager and Utilities/Public Works Director. SECTION 3 SCOPE OF SERVICES 3.1 GENERAL The ENGINEER prepared final designs, plans and specifications and contract documents for the roadway improvements of Tuskawilla Road and Hickory Grove Parkway. The purpose of this supplement is to define the services required during construction of the improvements. The OWNER hereby authorizes the ENGINEER to proceed withthe construction services. 3.2 ADMINISTRATION OF CONSTRUCTION SERVICES The construction phase will commence with the award of the construction contract and will terminate upon written approval for final payment by the ENGINEER for each contract. The contract calls for substantial completion of 3.2.1 3.2.2. 3.2.3 3.2.4 3.2.5 3.2.6 Hickory in 210 days and Tuskawilla, 60 days thereafter. During the construction phase, the ENGINEER will: Advise and consult with the CITY and act as his representative as provided in the General Conditions of the construction contract. The extent and limitations of the duties, responsibilities and authority of the ENGINEER as defined in said General Conditions shall not be modified without the ENGINEER's written consent. Conduct preconstruction conference for the project. Conduct all monthly progress meetings for each project (nine anticipated). Make periodic visits to the site to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding on time and in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work under this item; he will not be responsible for the construction means, methods, techniques, sequences, or procedures for the safety precautions incidental thereto; his efforts will be directed toward providing additional assurance for the CITY that the completed project will substantially conform to the requirements of the Contract Documents, but he will not be responsible for the Contractor's failure to perform the construction work in accordance with Contract Documents; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional, he will keep the CITY informed on the progress of the work, will endeavor to guard the CITY against defects and deficiencies in the work of the Contractors, and may disapprove or reject work as failing to conform to the Contract Documents. Check and approve shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of tests and inspections and other data which the contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents; assemble maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection required by the Contract Documents. Prepare routine change orders as required. Issue all instructions of the CITY to the Contractor; he may as the CITY's representative, require special inspection or testing of the work (whether or not fabricated installed or completed); he will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the CITY and the Contractor and will make decisions on all claims of the CITY and the contractor relating to the execution and progress of the work and all other matters and questions related thereto; but the ENGINEER shall not be 3.2.7 3.2.8 3.2.9 3.2.10 3.2.11 3.2.12 liable for the results of any such interpretations or decisions rendered by him in good faith. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment and supporting data, determine the amount owing to the Contractor and approve in writing payment to the Contractor in such amounts; such approval of payment to constitute a representation to the CITY, that is an expression of the ENGINEER's opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval, but by approving an application for payment, the ENGINEER shall not be deemed to have represented that he has made any examination to determine how and for what purposes the Contractor has used the monies paid on account of the Contract Price or that title to any of the Contractor's work, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests or encumbrances. Such representation shall at no time be considered as a legal obligation of the ENGINEER. They are the responsibility of the Contractor in accordance with the Florida lien law. The CITY is protected by lien waivers and statements as issued by the Contractor with each payment request. Conduct an inspection to determine if the project is substantially complete with punchlists of items to be corrected (if applicable) and a final inspection to determine if the project has been completed substantially in accordance with the Contract Documents and that the contractors have substantially fulfilled their obligations thereunder so that the ENGINEER may approve, in writing, final payment to the contractors. The ENGINEER shall not be responsible for the acts or omissions of the contractors, any subcontractor, or any of the contractor's subcontractors, agents, or employees or any other persons performing any of the work under the construction contracts, or of others. Furnish the CITY a set of reproducible record drawings for the construction contract showing those changes made during the construction process, based on the marked up prints, drawings and other data furnished by the Contractor to the ENGINEER and which the ENGINEER considers significant. Furnish three (3) additional copies of reports, permits, and/or drawings and Contract Documents for use by the contractors in performing their work. Prepare certification of completion of construction for the force main, gravity 3.2.13 3.3 3.3.1 3.3.2 3.3.3 3.3.4 sewer, and water main and submit to FDEP for clearance of each permit. Prepare certification of completion of construction for the stormwater systems and submit to SJRWMD. RESIDENT PROJECT SERVICES Limited, part-time Resident Project Representative Services, supplementing CITY personnel activities, shall be provided for the project in accordance with the attached schedule. The duties and responsibilities and the limitations on the authority of the Resident Project Representative shall be as set forth and shown in the Contract Documents and included herein as Exhibit B. The ENGINEER will provide Resident Project Representative Services during the construction contract and schedule. This service includes provision of observation of work for compliance with Plans and Specifications on more or less a continuing basis (but not a full time nor at all work sites while Contractor is working) as construction proceeds; notification of the Contractor of non- compliance; observation of materials at their source or in the job site; and provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the ENGINEER is not responsible for the performance of the construction contract by the Contractor. One or more part- time Resident Project Representatives will be directed for the construction contract by the ENGINEER in order to provide more extensive representation at the project site during the construction phase if authorized by the CITY. Through the additional on-site observations of the work in progress and field checks of material and equipment by the Resident Project Representative, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work, but the furnishing of such resident project representation shall not make the ENGINEER responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the Contract Documents. These additional on-site observations and other services of the Resident Project Representative are supplementary to the periodic visits and other services provided. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to the rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types, which will be paid for by the OWNER, as described in SECTI.ON 6, Paragraph 6.1.2. 4.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional, services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide, through a subconsultant, surveying services (not described in this supplement) if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 SECTION 5 THE OWNER'S RESPONSIBILITIES The OWNER will: Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions pertinent to the work covered by this Amendment. Guarantee access to and make all provision for the ENGINEER to enter upon public and, private lands as required for the ENGINEER to perform his work under this Amendment. Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. Examine all studies, reports, sketches, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. Obtain approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project are computed by multiplying the Standard Classification Billing Rates for all classifications of employees, directly engaged on the project, times the number of hours worked on the project. The engineering fee for the scope of services described in Sections 3 is estimatedJo be $121,605.00, plus direct reimbursement for out of pocket expenses and subconsultant services, without increase. Out of pocket expenses cmd subconsultant costs will be specifically identified in periodic invoicing, and include such items as transportation and subsistence of principals and employees when traveling in connection with the project, toll telephone calls, photocopies, blueprints and plots, etc. 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Amendment and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. OWNER: City of Winter Springs, Florida ATTEST By: Date: ENGINEER: CPH Engineers, Inc. By: Date: / 7-/5lld / r , J:\z6582\PROPOSALS\WSPGS\SUP1 AMEND64.DOC\tmz ATTACHMENT A STANDARD BilliNG RATES Exhibit 1 Standard Classification Billing Rates Classification Rate Principal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00 Professional Engineer .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Engineering Manager ....................................... $85.00 Sf. Design Engilleer .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 Design Engineer 'EIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Traffic Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 Sf. Planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 Construction Manager.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $78.00 Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76.00 Landscape Architect......................................... $72.00 Registered Land Surveyor... ..... .......... ................ $75.00 Construction Field Rep II................................... $65.00 Sf. Design Technician....................................... $77.00 Design Technician ........ ..... ............... ............... $70.00 Sr. CADD Technician ...................................... $56.00 CADD Technician........................................... $50.00 CAD D Operator.............................................. $45.00 Administrative........................................ ........ $50.00 Clerical II...................................................... $35.00 Clerical I....................................................... $30.00 ATTACHMENT B .. DETAILED WORK PLAN ATTACHMENT C A LISTING Of THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER or OWNER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of CONTRACTOR. Resident Project Representative and assistants may be employees of the ENGINEER or they may be employees of the OWNER, depending on assignment based on availability, timing and scheduling. The Resident Project Representative, his assistants or other field staff, are not planned nor budgeted to be present full time at all work sites at all times while CONTRACTOR is working. Therefore, there will be CONTRACTOR work which will not be observed. However, through more extensive periodic visits and on-site observations of the work in progress than provided through the Administration of Construction Work and b'y field check 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; but the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to 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 are further limited and described as follows: A. General RPR is ENGINEER's representative 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: a. Review the progress schedule, schedule of Shop Drawings submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. CONFERENCES AND MEETINGS a. 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 the 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 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 in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise 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 a. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the ENGINEER. 7. RECORDS: a. Maintain at the job site or other suitable location orderly files for correspondence, reports of job conferences, shop drawings and samples, reproductions of original Contract Documents, including all Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Prepare or obtain a diary or log book or marked up plans or sketches, photographs or videos, recording of CONTRACTOR hours on the job site, weather conditions, data relative to questions of Change Orders or changed field conditions, changes in the Construction from the Contract Documents, 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\maintain records and send appropriate copies to ENGINEER. c. Record names, addresses, and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 8. REPORTS: a. Furnish 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, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 9. PAYMENT REQUESTS: a. 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 requests to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated in the Work. 10. CERTIFICATES, MAINTENANCE AND OPERATION MANUALS: a. 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. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority 1. Resident Project Representative: a. Shall.not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. b. Shall not exceed limitations of ENGINEER's authority as set forth in the Amendment or the Contract Documents. c. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. d. 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 advise or directions are specifically required by the Contract Documents. e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. f. Shall not accept shop drawings or sample submittals from anyone other than CONTRACTOR. g. Shall not authorize OWNER to occupy the Project in whole or in part. h. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. ., SUPPLEMENT 1 to AMENDMENT 64 CONSTRUCTION ADMINISTRATION SERVICES FOR TUSKAWILLA and HICKORY ROADS BETWEEN THE CITY OF WINTER SPRINGS AND CPH ENGINEERS, INC. This Amendment dated , 2002, by and between the City of Winter Springs (hereinafter called the OWNER) and CPH Engineers, Inc. (hereinafter called the Engineer), is mutually agreed upon and declared an authorized Supplement to Amendment 64, between the parties, herein setting forth the scope, terms and conditions of the services herein authorized. The appropriate provisions of the Agreement apply as fully as if repeated herein. SECTION 1 GENERAL 1.1 The purpose of this Amendment is to provide for Construction Administration Engineering Services, more specifically itemized herein for the roadway improvements to Tuskawilla Road from S.R. 434 to St. John's Landing entrance and Hickory Grove Parkway. SECTION 2 BASIC SERVICES OF THE ENGINEER 2.1 GENERAL 2.1.1 The ENGINEER agrees to perform professional services in connection with the project as hereinafter stated. 2.1.2 The ENGINEER will serve as the OWNER'S professional engineering representative in those phases of the project to which this Amendment applies, and will give consultation and advice to the OWNER during the performance of his services. The ENGINEER will perform the services for the City Commission under the general supervision of the City Manager and Utilities/Public Works Director. SECTION 3 SCOPE OF SERVICES .3.1 GENERAL The ENGINEER prepared final designs, plans and specifications and contract documents for the roadway improvements of Tuskawilla Road and Hickory Grove Parkway. The purpose of this supplement is to define the services required during construction of the improvements. The OWNER hereby authorizes the ENGINEER to proceed with the construction services. 3.2 ADMINISTRATION OF CONSTRUCTION SERVICES The construction phase will commence with the award of the construction contract and will terminate upon written approval for final payment by the ENGINEER for each contract. The contract calls for substantial completion of \ \ \ \ 3.2.1 3.2.2. 3.2.3 3.2.4 3.2.5 3.2.6 Hickory in 210 days and Tuskawilla, 60 days thereafter. During the construction phase, the ENGINEER will: Advise and consult with the CITY and act as his representative as provided in the General Conditions of the construction contract. The extent and limitations of the duties, responsibilities and authority of the ENGINEER as defined in said General Conditions shall not be modified without the ENGINEER's written consent. Conduct preconstruction conference for the project. Conduct all monthly progress meetings for each project (nine anticipated). Make periodic visits to the site to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding on time and in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work under this item; he will not be responsible for the construction means, methods, techniques, sequences, or procedures for the safety precautions incidental thereto; his efforts will be directed toward providing additional assurance for the CITY that the completed project will substantially conform to the requirements of the Contract Documents, but he will not be responsible for the Contractor's failure to perform the construction work in accordance with Contract Documents; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional, he will keep the CITY informed on the progress of the work, will endeavor to guard the CITY against defects and deficiencies in the work of the Contractors, and may disapprove or reject work as failing to conform to the Contract Documents. Check and approve shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of tests and inspections and other data which the contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents; assemble maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection required by the Contract Documents. Prepare routine change orders as required. Issue all instructions of the CITY to the Contractor; he may as the CITY's representative, require special inspection or testing of the work (whether or not fabricated installed or completed); he will act as interpreter of the terms and conditions of the Contract Documents and judge of the performance thereunder by the CITY and the Contractor and will make decisions on all claims of the CITY and the contractor relating to the execution and progress of the work and all other matters and questions related thereto; but the ENGINEER shall not be 3.2.7 3.2.8 3.2.9 3.2.10 3.2.11 3.2.12 liable for the results of any such interpretations or decisions rendered by him in good faith. Based on his on-site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment and supporting data, determine the amount owing to the Contractor and approve in writing payment to the Contractor in such amounts; such approval of payment to constitute a representation to the CITY, that is an expression of the ENGINEER's opinion, based on such observations and review, that the work has substantially progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents subject to an evaluation of the work as a functioning project upon Substantial Completion and to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval, but by approving an application for payment, the ENGINEER shall not be deemed to have represented that he has made any examination to determine how and for what purposes the Contractor has used the monies paid on account of the Contract Price or that title to any of the Contractor's work, materials, or equipment has passed to the CITY free and clear of any liens, claims, security interests or encumbrances. Such representation shall at no time be considered as a legal obligation of the ENGINEER. They are the responsibility of the Contractor in accordance with the Florida lien law. The CITY is protected by lien waivers and statements as issued by the Contractor with each payment request. Conduct an inspection to determine if the project is substantially complete with punchlists of items to be corrected (if applicable) and a final inspection to determine if the project has been completed substantially in accordance with the Contract Documents and that the contractors have substantially fulfilled their obligations thereunder so that the ENGINEER may approve, in writing, final payment to the contractors. The ENGINEER shall not be responsible for the acts or omissions of the contractors, any subcontractor, or any of the contractor's subcontractors, agents, or employees or any other persons performing any of the work under the construction contracts, or of others. Furnish the CITY a set of reproducible record drawings for the construction contract showing those changes made during the construction process, based on the marked up prints, drawings and other data furnished by the Contractor to the ENGINEER and which the ENGINEER considers significant. Furnish three (3) additional copies of reports, permits, and/or drawings and Contract Documents for use by the contractors in performing their work. Prepare certification of completion of construction for the force main, gravity 3.2.13 3.3 3.3.1 3.3.2 3.3.3 3.3.4 sewer, and water main and submit to FDEP for clearance of each permit. Prepare certification of completion of construction for the stormwater systems and submit to SJRWMD. RESIDENT PROJECT SERVICES Limited, part-time Resident Project Representative Services, supplementing CITY personnel activities, shall be provided for the project in accordance with the attached schedule. The duties and responsibilities and the limitations on the authority of the Resident Project Representative shall be as set forth and shown in the Contract Documents and included herein as Exhibit B. The ENGINEER will provide Resident Project Representative Services during the construction contract and schedule. This service includes provision of observation of work for compliance with Plans and Specifications on more or less a continuing basis (but not a full time nor at all work sites while Contractor is working) as construction proceeds; notification of the Contractor of non- compliance; observation of materials at their source or in the job site; and provide a record of the Contractor's activities throughout the construction, including notations on the nature and cost of any extra work or changes ordered during construction; however, the ENGINEER is not responsible for the performance of the construction contract by the Contractor. One or more part- time Resident Project Representatives will be directed for the construction contract by the ENGINEER in orderto provide more extensive representation at the project site during the construction phase if authorized by the CITY. Through the additional on-site observations of the work in progress and field checks of material and equipment by the Resident Project Representative, the ENGINEER will endeavor to provide further protection for the CITY against defects and deficiencies in the work, but the furnishing of such resident project representation shall not make the ENGINEER responsible to find or note all discrepancies in the work nor for the Contractor's failure to perform the construction work in accordance with the Contract Documents. These additional on-site observations and other services of the Resident Project Representative are supplementary to the periodic visits and other services provided. SECTION 4 SUPPLEMENTARY SERVICES OF THE ENGINEER 4.1 If authorized in writing by the OWNER prior to \he rendering of such services, the ENGINEER will furnish or obtain under subcontracts, supplementary services of the following types, which will be paid for by the OWNER, as described in SECTION 6, Paragraph 6.1.2. 4.1.1 Additional services due to significant changes in the scope of the project or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays in initiating or completion of the work as described herein. 4.1.2 Additional services in connection with the project including services normally furnished by the OWNER as described in Section 5 herein and services not otherwise provided for in this Amendment. 4.1.3 Preparing to serve and serving as an expert witness for the OWNER in any protest, litigation, or other proceeding involving the project. 4.1.4 Additional engineering services required by revisions to regulations (after the date of this Amendment) as applicable to the Florida Department of Environmental Protection, the 81. Johns River Water Management District, or other regulatory agency requirements. 4.1.5 Provide, through a subconsultant, surveying services (not described in this supplement) if required or requested by the OWNER. 4.1.6 Provide, through a subconsultant, soils investigation and geohydrological services if required or requested by the OWNER, or if required by the SJRWMD, recommended by the ENGINEER and authorized by the OWNER. 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 SECTION 5 THE OWNER'S RESPONSIBILITIES ( The OWNER will: Advise the ENGINEER of his requirements for the project and designate a person to act as the OWNER'S representative with respect to the work to be performed under this Amendment, and such person shall have complete authority to transmit instructions, receive information, interpret and define the OWNER'S policies and decisions pertinent to the work covered by this Amendment. Guarantee access to and make all provision for the ENGINEER to enter upon public and private lands as required for the ENGINEER to perform his work under this Amendment. Provide data requested that is reasonably available on the existing utility systems, population and projections, land use and planning information. Provide personnel to locate facilities and mow, trim, or otherwise make them accessible for inspection. Examine all studies, reports, sketches, and other documents presented by the ENGINEER and render decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. Obtain approval of all governmental authorities having jurisdiction over the project, and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, soils investigations if advised in writing by the ENGINEER that they are necessary or advisable. Furnish, or direct the ENGINEER in writing to provide at the OWNER'S expense, necessary additional services as stipulated in Section 4 of this Amendment, or other services as required. Provide such legal, accounting, and insurance counseling services as may be required for the project, and such auditing services as the OWNER may require. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. SECTION 6 PAYMENT 6.1 PAYMENT Payments for services and expenses of the ENGINEER to be as set forth below: 6.1.1 Compensation paid ENGINEER for services described herein and rendered by principals and employees assigned to the Project are computed by multiplying the Standard Classification Billing Rates for all classifications of employees, directly engaged on the project, times the number of hours worked on the project. The engineering fee for the scope of services described in Sections 3 is estimated to be $121,605.00, plus direct reimbursement for out of pocket expenses and subconsultant services, without increase. Out of pocket expenses and subconsultant costs will be specifically identified in periodic invoicing, and include such items as transportation and subsistence of principals and employees when traveling in connection with the project, toll telephone calls, photocopies, blueprints and plots, etc. 6.2 REIMBURSED EXPENSES 6.2.1 The OWNER will make prompt monthly payments in response to ENGINEER'S monthly statements without retention for all categories of services rendered under this Amendment and for reimbursable expenses incurred. 6.2.2 Charges for the services rendered by principals and employees as witnesses in any litigation, hearing or proceeding in accordance with Paragraph 4.1.3 will be computed at a rate of $650.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, hearing or proceeding will be computed on an hourly rate). 6.2.3 If this Amendment is terminated during prosecution of the services prior to completion of the services of Section 3, payments to be made in accordance with Paragraph 6.1.1 and 6.2.1 on account of that and all prior work under this Amendment shall be due and payable, and shall constitute total payment for services rendered. In addition, upon termination, the ENGINEER shall be paid for any Additional Services authorized and rendered under Section 4. 6.2.4 The ENGINEER shall promptly begin work on the services authorized by this Amendment upon receipt of notice to proceed from the OWNER. SECTION 7 GENERAL CONDITIONS . 7.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over any construction contractor's method of determining prices, any opinions of probable construction cost which may be provided in the services of this Amendment are made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable cost prepared by him. 7.2 The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Amendment and to partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Amendment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. SECTION 8 8.1 The ENGINEER agrees to prosecute the work in a timely manner until the Project is completed. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day and year first above written. OWNER: City of Winter Springs, Florida ATTEST lr i f\ L'1 L' i o 1 . 1 )v-----' // By: f~~',~,,;,,,,',', / (. . I.. ' .; I. ,.. Date: I . ,. , . -~-+ ENGINEER: CPH Engineers, Inc. By: Date: /2-/'5I/tl! , , J:\z6582\PROPOSALS\WSPGS\SUP1 AMEND64.DOC\tmz ATTACHMENT A STANDARD BilliNG RATES Exhibit 1 . Standard Classification Billing Rates Classification Rate Principal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00 Professional Engineer....................................... $90.00 Engineering Manager ....................................... $85.00 - Sr. Design Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 Design Engineer EIT........................................ $55.00 Traffic Engineer.............................................. $120.00 Sr. Planner .....................:.............................. $90.00 Construction Manager............................... ........ $78.00 Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76.00 Landscape Architect. .. ............ ... .................. ... . . $72.00 Registered Land Surveyor.................................. $75.00 Construction Field Rep II................................... $65.00 Sf. Design Technician....................................... $77.00 Design Technician........................................... $70.00 Sf. CADD Technician ...................................... $56.00 CADD Technician.......... ... ...... ... ........ ..... ........ $50.00 CADD Operator.............................................. $45.00 Administrative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Clerical II...................................................... $35.00 Clerical I....................................................... $30.00 ATTACHMENT B DETAILED WORK PLAN Reclaimed Water Line Time in Manhours Item of Work T P I E T' I D I S EXP A. ADMINISTRATION OF CONSTRUCTION Attendance, preparation and follow-up for 3 4 4 2 $50 preconstruction meetinq. Utility coordination (pre-meetinQ and follow-up) 3 64 4 $125 Monthly progress meetings and reports (9-month 18 18 . 9 $90 contract) Processina of pay estimates (9 estimated) 9 9 18 9 $50 Review of submittals, shop drawings, eel. 18 40 42 $150 Processing of change orders (3 estimated) 6 12 12 12 $50 Advise and consult with City, resident project 36 72 72 9 representative and contractors Periodic visits to site (9-month contract. 2 per month 54 54 $200 estimated - 3 hours per trip) Furnish record drawings based on marked-up 4 10 10 220 6 $1,200 drawings provided by the contractor (22 sheets affected) Substantial completion punch lists & certifications; 10 32 24 10 $500 final completion punch lists, inspections, .. communications, warranties, guarantees, waivers, maintenance literature, acceptance final certification to City and agencies and project closeout. Subtotal 125 293 202 220 99 $2,415 B. RESIDENT PROJECT REPRESENTATIVE INSPECTION SERVICES. 270 Day Contract (Nine 4-week period - 36 Wks'.) $1,800 0-4 Weeks - 0 Hr/Day - 0 Hrs. (Mobilization period / 0 shop drawings) 5-8 Weeks - 2 Hrs/Day - 40 Hrs. 40 (CI earing/g ru bbing/ earthwork) 9-16 Weeks - 8 Hrs/Day - 320 Hrs (Underground) 320 17-26 Weeks - 3 DayslWeek - 240 Hrs. (Roadway - 240 Hickory) 27-36 Weeks - 3 DayslWeek - 240 Hrs. (Roadway - 240 Tuskawilla) 37-40 Weeks - 2 Hrs/Day - 40 Hrs. (Roadway Final 40 Inspection) Subtotal 880 $1,800 TOTALS: 125 293 1082 220 61 $4,215 EXHIBIT B DETAILED PLAN OF STUDY ,'One individual will be assigned as the Resident Project Representative. He/she will be billed at the rate of Cpnstruction Field Rep. II. It is not planned or budgeted for a Resident Project Representative to be present full time at the site nor at all times while the contractor is working. Therefore, there may be contractor work which will not be observed. The Resident Project Representative will provide additional periodic visits and observtions to those provided under the Administration of Construction Phase. It is also anticipated that the City staff will keep a close eye on the project and bein communication with the Engineer as required. While underground work is being performed, the greatest involvement of the RPR is required. We have broken the contract into six (6) parts: 1. Mobilization Phase: Weeks 1-2 During this period, there is no need for RPR inspections. This will be covered by CA services. The contractor will spend this time getting his crew situated and setting up the site. 2. Shop Drawing Phase: Weeks 3-4 During this period, there is minor involvement of the RPR. The RPR will be in the office working on review of submittals and this is covered under CA services. 3. Clearing/Grubbing/Earthwork Phase: Weeks 5-8 During this period. there is little need for the RPR to be on the site. There would be question about layout. tree removal, etc.. but most of the work is visible and does not require detailed inspection/full time 4. Underground Phase: Weeks 9-16 This is one of the intense activities. The inspector should be on the site to view the progress of the work and to confirm that it is being constructed in accordance with the Contract Documents. This will also be the timeframe where the most coordination will be required with other utilities. There will also be other contractors (power, telephone and cable) on site with their activities. 5. Roadway Phase: Weeks 17-36 This phase is not as intense as the underground phase since the work is visible at all times and corrections can be made without disrupting too much previous work. Af the very beginning of this phase, we would like to certify completion of the underground utilities to FDEP and the stormwater system to SJRWMD. Certification costs and time is included in CA. This would require Record Drawings on the utilities for submittal to the agencies. We believe that the roadway work could be covered on a part-time basis or the equivalent of three days per week (24 hours/week) and we divided it into two parts; one for Hickory and one for Tuskawilla. 6. Final Completion: Weeks 37-48 The Contract Documents have a time of 210 days to substantial completion on Hickory and 270 days to substantial completion on Tuskawilla. After this, there will be punch list items to correct and a final walk thru. This will require a low level of participation by the RPR. We estimate about 1/4 time or 2 hours/day average. ATTACHMENT C A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER or OWNER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of CONTRACTOR. Resident Project Representative and assistants may be employees of the ENGINEER or they may be employees of the OWNER, depending on assignment based on availability, timing and scheduling. The Resident Project Representative, his assistants or other field staff, are not planned nor budgeted to be present full time at all work sites at all times while CONTRACTOR is working. Therefore, there will be CONTRACTOR work which will not be observed. However, through more extensive periodic visits and on-site observations of the work in progress than provided through the Administration of Construction Work and by field check 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; but the furnishing of such services will not make ENGINEER respqnsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to 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 are further limited and described as follows: A. General RPR is ENGINEER's representative 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: a. Review the progress schedule, schedule of Shop Drawings submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. CONFERENCES AND MEETINGS a. 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 the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR'~ 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 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 in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise 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 a. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the ENGINEER. 7. RECORDS: a. Maintain at the job site or other suitable location orderly files for correspondence, reports of job conferences, shop drawings and samples, . reproductions of original Contract Documents, including all Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Prepare or obtain a diary or log book or marked up plans or sketches, photographs or videos, recording of CONTRACTOR hours on the job site, weather conditions, data relative to questions of Change Orders or changed field conditions, changes in the Construction from the Contract Documents, 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 maintain records and send appropriate copies to ENGINEER. c. Record names, addresses, and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 8. REPORTS: a. Furnish 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, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 9. PAYMENT REQUESTS: a. 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 requests to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated in the Work. 10. CERTIFICATES, MAINTENANCE AND OPERATION MANUALS: a. 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. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority 1. Resident Project Representative: a. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. b. Shall not exceed limitations of ENGINEER's authority as set forth in the Amendment or the Contract Documents. c. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. d. 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 advise or directions are specifically required by the Contract Documents. e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. f. Shall not accept shop drawings or sample submittals from anyone other than CONTRACTOR. g. Shall not authorize OWNER to occupy the Project in whole or in part. h. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER.