AN OWNER'S VIEWPOINT ON OWNER-ENGINEER-CONTRACTOR RELATIONSHIPS IN TUNNELING

THE SAN FRANCISCO BAY AREA RAPID TRANSIT (BART), BEING THE OWNER IN THIS INSTANCE, WAS CREATED IN 1957 AS A PUBLIC AGENCY WITH MUNICIPALITY STATURE BY CALIFORNIA'S STATE LEGISLATURE. BART WAS AUTHORIZED TO PLAN, DESIGN, BUILD, AND OPERATE A RAPID TRANSIT SYSTEM IN THE COUNTIES OF SAN FRANCISCO, ALAMEDA, AND CONTRA COSTA. COMPETITIVE BIDDING (REFERRED TO AS "THE CONTRACTOR") IS REQUIRED FOR OBTAINING ALL MATERIALS, SUPPLIES, AND CONSTRUCTION SERVICES COSTING IN EXCESS OF $3,000 SINCE BART IS A PUBLIC AGENCY. ENGINEERING SERVICES (KNOWN AS "THE ENGINEER") WERE OBTAINED THROUGH A SELECTION PROCESS FROM QUALIFIED ENGINEERS WITH THE FEES BEING NEGOTIATED. ACCORDING TO THE OWNER, RELATIONSHIPS HAVE BEEN VERY STRAIGHT-FORWARD. RESPONSIBILITIES AND AUTHORIZATION RELATIONSHIPS ARE PRESENTED BETWEEN: (1) THE OWNER-ENGINEER IN WHICH THE ENGINEER AGREED TO UNDERGO LEGAL LIABILITIES FOR ERRORS AND OMISSIONS COMMITTED WHILE PERFORMING HIS SERVICES. FACTUAL ASSURANCE WAS REQUIRED FROM THE ENGINEER SHOWING THE WORK WAS PROPERLY PERFORMED---WITH TOLERANCES ADHERED TO---USING MATERIALS OF SPECIFIED QUALITY. THE ENGINEER AS AUTHORIZED BY THE OWNER PERFORMED SUCH FUNCTIONS AS PROVIDING CONTROL GRADES AND ALIGNMENT, CHECKING TUNNEL ALIGNMENT, RING PLACEMENTS, GROUTINGS, ETC.; (2) THE ENGINEER-CONTRACTOR BASIS, FORMED LARGELY BY INDIVIDUAL CONTRACTS, PERMITTED THE ENGINEER TO DELEGATE METHODS OF ACCOMPLISHING THE WORK AND CHOICE OF EQUIPMENT TO THE CONTRACTOR. A SPECIAL COURSE IN TUNNELING TECHNIQUES USING SHIELD AND BORING MACHINES WAS PRESENTED TO THE ENGINEER, CONTRACTOR, AND OWNER; AND (3) THE OWNER-CONTRACTOR BASIS WAS OBTAINED IN PART UPON THE MUTUAL ASSURANCE OF FINANCIAL STABILITY OF BOTH PARTIES. EVERY EFFORT WAS EXERTED TO SET REASONABLE TIME LIMITS FOR COMPLETING THE WORK. LIQUIDATED DAMAGE CLAUSES, REQUIRED BY PUBLIC POLICY, WERE ENFORCED.