Loading...
HomeMy WebLinkAboutResolution No. 04-41 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ENGINEERING SERVICES CONTRACT BY AND BETVVEEN THE CITY OF THE COLONY AND FREESE AND NICHOLS, INC. FOR DESIGN IMPROVMEENTS TO INCREASE THE CAPACITY OF THE STEWART CREEK WASTEWATER TREATMENT PLANT FROM 3.4 TO 4.5 MILLION GALLSON PER DAY WITH NITRIFICATION, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: DESIGN IMPROVMEENTS TO INCREASE THE CAPACITY OF THE STEWART CREEK WASTEWATER TREATMENT PLANT FROM 3.4 TO 4.5 MILLION GALLSON PER DAY WITH NITRIFICATION; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with FREESE AND NICHOLS, 1NC., which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay a sum not to exceed $1,000,369.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Engineering Services Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 17th day of May, 2004. .~hn Dillard, Mayor ~ity of The Colony, Texas C~s~ie ~v'~lso~, ~ity Secretary [CITY SEAL] Robert E. Hager, (~it½~t~tomey 63918 Freese NichoLs, ~.c. Engineers Environ mentat Scie ntists Architects 1701 North Market Street, Suite 500 LB 51 Da[las, TX 75202 214 920-2500 214 920 2565 fax www.freese.com May 14, 2004 Mr. Gordon Scruggs, City Engineer City of The Colony 6800 Main Street The Colony, Texas 75056 RE: Task Order No. 5B Wastewat~r Treatment Plant Expansion Dear Mr. Scruggsi . Freese and Nichols is pleased to submit Task Order No. 5B - Wastewater Treatment Plant Expansion and requests Authorization to Proceed in accordance with our General Agreement for Professional Services dated November 6, 2001. The ,/cork described in Task Order No. 5B involves Basic Services including final design and construction phase assistance. Work involved in Task Order No. 5 will include modifications to the City's existing plant to consistently meet the nitrification requirements of the TCEQ discharge permit and expand plant capacity to 4.5 MGD.' Freese and Nichols, Inc. has been providing water and wastewater planning, design and construction phase services to municipalities in the DFW Metroplex since 1894. We have adequate experience and s~ff in our Metroplex offices to successfully complete this assignment: My 23 years of experience have been exclusively on municipal water and wastewater treatment plant projects and I am certified by the American Academy of Environmental Engineers in the specialty area of Wastewater Treatment. My project team, including project manager David Jackson and lead engineer Theodore Chart, have specific expertise and experience in the design and evaluation of wastewater treatment facilities. Please sign both copies of this letter and return one for our files as Authorization to Proceed and retain one for your records. If you have any questions, please contact me at 214-217-2252. We look forward to working with ypu and your staff on this Project. N oLs, oF nm coLo ~//~ NameDA\~" ~~,~.~/x, y~o~d R. Longoria, B~., DEE Principal ~ ~ Attaclm~ents Signature Date SCOPE OF SERVICES - TASK ORDER NO. 5B Wastewater Treatment Plant Expansion BASIC SERVICES: Freese and Nichols, Inc., (hereinafter "FNP') shall render the foll6wing professional serv/ces in connection with the development of this Task Order: TASK DESCRIPTION This Project consists of professional engineering serv/ces to design improvements to the City of The Colony's (hereinafter "OWNER") wastewater treatment plant. Purpose of the project is to modify the OWNER's existing WWTP to provide nithfication capability and expand plant capacity to an average daily flow rate of 4.5 MGD. The previous scope of work identified for Task Order 5 and 5A are deleted and replaced with the following scope of work: 1. Final Design for modifications to the existing wastewater treatment plant to provide nitrification for an average daily flow rate of 4.5 MGD. Work will include design of facilities identified in Phases I, II, and IIA of the Preliminary Design Report on Wastewater Treatment Plant Capacity including: a new headworks facility, modifications to the existing influent lift station, contact stabilization 15asins, secondary clarifiers; aeration equipment, RAS/WAS pumping, chlorine contact chamber/uv disinfection, modifications to the solids handling system including a new WAS holding tank and gravity belt thickener, rehabilitation of the solids handling building, and associated miscellaneous electrical, site civil and mechanical improvements. 2. Preliminary Design and Final Design of wastewater conveyance systems; lift stations and other collection system improvements shall be performed under separate task orders and will not be included in Task Order 5B work. 3. The project will also include Advertisement and Bid Phase, Construction Phase and full time Resident Representation services for the wastewater treatment plant expansion. BASIC SERVICES: FNI shall render the following professional services in connection with this Project: 1. FINAL DESIGN PHASE: FNI shall provide professional services in this phase as follows: a. Conduct final design kickoff meeting with the OWNER to review scope of services, verify OWNER ~equirements and review available data. Kickoff meeting shall review selected design alternatives, preliminary design documentation, and gather any additional information needed for final design. Design documents and agenda shall be presented to the City a minimum 6fene week prior to the meeting. b. Prepare drawings, specifications, Construction Contract Documents, designs and layouts of improvements to be constructed. c. Meet with the OVGNER at the 50% and 90% design compietien levels to discuss overall project status and get input and cdmments on the design progress from OWNER. Design documents and agenda shall be pre~ented to OWNER a minimum of one (1) week prior to each progress meeting. d. Provide survey of the existing plant facilities and geotechnical field and evaluation services for the construction of plant facilities. e. Advise OWNER of need for and recommended' scope of additional subsurface investigations, special analysis, hydraulic model studies, mapping, etc., and the retention of special consultants not listed above. The cost of such services shall be paid by the · OWNER and are not included in the services performed by FNI. f. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits and easements required by local, state and federal authorities. g. Assist the OWNER in preparation of TCEQ Permit Amendment applications for plant expansion. h. Submit drawings, specifications, and Constmctiun Contract Documents for approval by applicable federal and state agency(s), where required. i. Furnis~ such information necessary to utility companies whose facilities may be affected or serwces may be required for the Project. j. Prepare revised opinion of probable construction costs at the 50% and 90% completion levels. k. Prepare Final Engineering Design Memorandum in accordance with regulatory guidelines. Furnish five (5) copies of final memorandum to the OWNER for OWNER use. 1. Prepare bidders proposal forms for the improvements to be constructed. m. Furnish OWNER five (5) sets of copies of drawings, specifications, and bid proposals marked "preliminary'I for approval by OWNER. Upon final approval by OWNER, FNI will provide five (5) sets of copies of"final" drawings. 2. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of "Final" drawings and specifications by OWNER, FNI will proceed with the performance of services in this phase as follows: a. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER. b. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. Send five (5) copies of Bid Documents to local plan rooms. c. Maintain information on bid documents and award status using the FNI online FN Manager Website~services. d. Maintain information on entities that have been issue a set of bid documents. Distribute information on plan holders to inter~ested contractors and vendors on request. e. Assist OV~rER by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. f. At OWNER request, FNI will assist OWNER in the opening, tabulating, and analYZing the bids received. Review the qualification information provided by the apparent Iow bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. g. Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued after the conference. Atfend the tour of the project site after the pre-bid conference. h. Assist OWNER in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents which include information fi-om the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the OWNER and Construction Contractor. Distribute five (5) copies of these documents to the Contractor with a notice of award that includes directions for the execution of these documents by the Construction Contractor. Provide OWNER with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an Additional Service. i. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 3. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees· FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of ariy person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsulthnts on tlfis project to be listed as an additional insured on contractor's insurance policies. a. Assist OWNER in conducting pre-construction conference(s) with the ~ontmctor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor· b. Establish communication procedures with the OWNER and Contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. c. Establish and maintain an online project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of Contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of ail submittals in the review process. Review Contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the Contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Based on FNPs observations as an experienced and qualified design professional and ~ review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount Ghat FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. e.Make monthly visit(s) to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work ·is pro~eeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the Work of Contractors and will report any observed deficiencies to OWNER. Visits to the site in excess nfthe specified number are · an Additional Service. f. Notify the Contractor of non-conforming work observed on site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents'i g. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quahty control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by FNI. h. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or-materials or deviations from the drawings and specifications is an additional service. i. Establish procedures for administering constructive changes to the Construction Contracts. Process contract modifications and negotiate with the Contractor on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the Contractor and approved by the OWNER are an Additional Service. Substitutions of materials or equipment or design modifications requested by the OWNER are an Additional Service. j. Prepare documentation for contract modifications required to implement modifications in the design of the Project. Receive and evaluate notices of Contractor claims and make -- recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the Contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an Additional Service. k. Assist in the transfer of and acceptance by the Construction Contractor of any OWNER furnished equipment or materials. 1. Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design concept of the Proiect and general compliance with the .Construction Contract Documents. Prepare a list'of deficiencies to be corrected by the ContraCtor before recorrunendation of final payment. Assist OWNER in obtaining legal releases, permits, warranties, spare parts, and keys from the Contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of twvo (2) trips are an Additional Service. m. Revise the construction drawings in accordance with the information furnished by Construction Contractor(s) reflecting changes in the Project made during construction. Two (2) sets of prints of"Record Drawings" shall be provided by FNI to OWNER. n. Prepare Operation and Maintenance Manual for the plant expansion. o. Provide the services of'a Resident Project Representative in accordance with attachment RPR. 4. ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: a. Field layouts or the furrfishing of construction line and grade surveys. b. GIS mapping ser,Aces or assistance with these services. c. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. d. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. e. Providing renderings;model, and mock-ups requested by the OWNER. t5 Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. g. Providing consultation concerning the replacement of any work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such work. h. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. i. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. j. Providing shop, mill, field or laboratow inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment falling the initial test. k. Conducting pilot plant studies or tests. 1. Conducting operator trakrfing for plant improvements. m. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. n. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). o. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. p. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. q. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address env/ronmental issues. r. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. s. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. t. Services required to resolve bid protests or to rebid the projects for any reason. u. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. v. Any services required as a resfll~ of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. w. Providing services after the completion of the construction phase not specifically listed in Article I. x. Providing basic or additional services on an accelerated time schedule. The scope of this service includes cost for overtime wages of employees and consultants, inefficiencies in OWNER work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. y. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. z. Providing services to review or evaluate Construction Contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. aa. Providing value engineering studies or reviews of cost savings proposed by Construction Contractor(s) after bids have been submitted. bb. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. cc. Provide follow-up professional services during Contractor's warranty period. TIME OF cOMPLETIoN: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: 1. BASIC SERVICES a. Final Design Phase Services - Six (6) months from Notice to Proceed. b. Advertisement and Bid Phase Services - Two (2) months from completion of Final Design c. Construction Phase Services - Twenty (20) months from Contractor Notice to Proceed. Anticipated Notice to Proceed is May 3, 2004. Anticipated Project Completion Date is July 1, 2006. IF FNI's se/vices are delayed or suspended in whole or in part by OWNER, or if FNI's services are extended by the Contractor's actions or inactions for more than 90 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation. RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: 1. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. 2. Provide all criteria and full information as to OWlSER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and cbnstmction standards which OWNER will require to be included in the drawings and specifications. 3. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. 5. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. SC-6 FNI~ 6. Furnish approvals and permits from ali governmental authorities having jurisdiction over the Project and such approvals and consents fi:om others as may be necessary for completion of the Project. 7. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request w/th regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such aud/fing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract~ and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 8. Attend the pre-bid conference, bid opening, preconstmctiun 'conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 9. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. I0. Furnish, or direct FNI to provide, Additional Services as stipulated in this Task Order or other services as required. I 1. Bear all costs incident to compliance with the requirements o~ the Responsibilities of OWNER. DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: OWNER's Designated Representative - Gordon Scruggs, P.E. City Engineer 6800 Main Street The Colony, Texas 75056 Phone: (972) 624-3137 Fax: (972) 624-2308 Email: gscruggs~ci.the-colony.tx.us FNI's Project Manager - David R. Jackson, P.E. I701 North Market St. Suite 500 LB 51 Dallas, TX 75202 Phone: (214) 217-2257 Fax: (214) 920-2565 Email: drj ~fi:eese.com FNI's Accounting Representative - Bill Grozdanich 1701 North Market St. Suite 500 LB 51 Dallas, TX 75202 Phone: (214) 217-2254 Fax: (214) 920-2565 Email: bj g~freese.com COMPENSATION COMPENSATION: The total fee for this Task Order shall be computed on the basis of the original Schedule of Charges but shall not exceed the following: Basic Services: $861,318 Special Services: $ 91,414 In addition to these mounts, the total compensation remaining as a part of the original Task Order 5 and 5A services shall be reallocated to the completion of the revised Task Order 5B. If FNI sees the Scope of Services changing so that Additional Services are needed, FNI will notify OWNER for OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. ATTACHMENT RPR - RESIDENT PROYECT REPRESENTATION A. The ENGINEER will have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: I. Resident Project Representative is FNI's agent at the site, will act as directed by and under the supervision of FNI, and will confer with FIG regarding Resident Project Representative's actions: Resident Project Representative's dealings in matters pertaining to the on-site work shall ni general be with FNI and CONTRACTOR, keeping OWNER advised as necessary. Resident Project Representative's dealings with Subcontractors shall only be through or with full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with OWNER with the knowledge of and under the direction of FNI. B. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedules of values prepared by CONTRACTOR and consult with FNI concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstmctiun conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as FIG's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of Contract Documents; and assist FIG 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 noti~ FNI of availability of Samples for examination. c. Advise FNI and CONTRACTOR of the commencement of any work requiring a Shop Drawing or Sample if the submittal has not been approved by FNI. 5. Review of Work, Re~ ection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to determine if the work is in general proceeding in accordance with the Contract Documents. b. Report to FIG whenever Resident Project Representative believes that any work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise FNI of work the Resident Project Representative believes should be corrected or rQected or should be uncovered for observation, or requires special testing, inspection or approval. c. ~erify that tests, equipment and systems startmp and operating and maintenance training are conducted in the presence of appropriate personnel, and the A-RPR-1 FSI ~L__~ OWNER ~( CONTRACTOR maintains adequate records thereof; and observe record and report to FNI appropriate details relative to the test procedures and start-ups. d. Accompany v/siting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to FNI. 6. Interpretation of Contract Documents: Report to FNI when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by FNI. 7: Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to FNI. Transmit to CONTRACTOR in writing decisions as issued by FNI. 8. Records: a. Maintain, at the job site, orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, FNI's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to CONTRACTOR and other Project related documents. 9. Reports: a. Furnish to FNI periodic repor/s as required of progress of the work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with FNI in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from CONTRACTOR and recommend to ~ Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to FNI and OWNER the occurrence of any accident. 10. Payment Requests: Review Applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to OWNER, noting particularly the relationship of the payment requested to the Schedule of values, work completed and materials and equipment at the Site but not incorporated in the Work. 1 i. 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 a~d in accordance with the Contract Documents, and have this material delivered to FNI for review and forwarding to O ~WNER prior to final payment for the work. 12. Completion: a. Before FNI issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Observe whether CONTRACTOR has performed inspections required by laws or regulations, ordinances, codes or order 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 FNI, 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 FNI concerning acceptance. C. Limitations of Authority of Resident Project Representative: 1. Shall not authorize any deviation fi.om the Contract Documents or substitution of materials or equipment (including "or-equal'! items), unless authorized by FNI. 2. Shall not exceed limitations of FNI's authority as set forth/n Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue_ directions regarding or assume control over safety precautions and programs in connection with the work or any activities or operations of OWNER or CONTRACTOR. 6. Shall not accept shop drawing or sample submittals fi.om anyone other than the CONTRACTOR. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by FNI.