HomeMy WebLinkAboutResolution - 6338 - Contract - Fanning Fanning & Associates - HVAC Renovations, LBC - 06_10_1999Resolution No.6338
June 10, 1999
Item No. 19
RESOLUTION
r
BE IT RESOLVED BY THE CITY COUNCal, OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and
A/E services for H.V.A.C. renovations at the Lubbock Business Center, attached herewith, by
and between the City of Lubbock and FANNING, FANNING & ASSOCIATES of Lubbock,
Texas and any associated documents, which Agreement shall be spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this loth day June 1999.
SI YORVo-
APPROVED AS TO CONTENT:
h, AIA, FacilitiesManager
APPROVED AS TO FORM:
DV/c:cityatt/AEServices..doc
June 2, 1999
Resolution No. 6338
June 10, 1999
Item No. 19
May 20,1999
Mr. Gary Smith
Purchasing
City of Lubbock
Lubbock, Texas 79401
Subject: Engineering Services
Business Center Air Condition Renovations
Dear Sir:
Fanning
Fanning and
Associates, inc.
C o n s u l t i n g E n g i n e e r s
2555 74th Lubbock, TX 79423 806 745-2533
Fanning, Fanning and Associates, Inc. proposes to render professional engineering services to the
City of Lubbock, Texas for the subject project. Our Basic Services include preparing the Study
and Report, Final Design Documents, Project bidding, Assistance during bidding, evaluating
those bids and assisting in Contractor selection, and site visits to assist in your Construction
Administration, all as set forth in the printed General Provisions as amended and supplemented in
Exhibit A, which are attached to this letter.
Our understanding is that the project scope includes the following:
1) Identify and map the location of existing facilities and design services for the Business
Center air conditioning renovations according to availability of construction funds.
2) Prepared engineering reports and recommendations for the development of plans and
specifications.
3) Prepare contract documents for the work identified above.
4) Provide construction phase services.
Design elements shall consist of air conditioning renovations.
You are expected to furnish us with full information of your Project requirements, including any
special conditions or special services needed.
You will pay us for Basic Services in accordance with Exhibit A attached thereto. We will
submit statements periodically, which will be due and payable when you receive them.
We will furnish Additional Services you authorize. Additional Services will be charged on the
basis of our Hourly Rate attached thereto.
This proposal, the General Provisions consisting of nine pages and Exhibit A thereto which
consists of one page and the Schedule of Compensation (for additional services) represent the
Fax 806-7453596 E-mail: fanning@onramp.net • http://rampages.onramp.net/--fanning
EXHIBIT A to GENERAL PROVISIONS attached to LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES.
May 21,1999
FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED
MATTERS.
1. Amend Paragraph 1.2 as follows:
The Study, and Report Phase I shall be submitted within 45 calendar days following written
authorization from OWNER and ENGINEER to proceed with that phase of services. Total
fee for this phase shall be $3,120.00
2. Amend Paragraph 1.3 and 1.4 as follows:
The PreliminaryDesign Phase and the Final Design Phase shall be combined and submitted
within 60 calendar days following written authorization from OWNER and ENGINEER to
proceed with that phase of services. Total Lump Sum fee for this phase shall be $21,840.00.
3. Amend Paragraph 1.6 as follows:
A. The Construction Phase services shall coincide with the construction contract Total
Lump Sum fee for this phase shall be $6,240.00.
B. Delete any and all references to Resident Project Engineer.
C. Site visits and Reports by ENGINEER will be made weekly during the
CONSTRUCTION PHASE.
4. Delete Paragraph 5.7. Arbitration in its entirety.
GENERAL PROVISIONS
Attached to and made a part of LETTER AGREE-
MENT, dated May 21 , 19 99 between
City of Lubbock (OWNER) and
Fanning. Fanning & Associates. Inc.
(ENGINEER) in respect of the Project described therein.
SECTION 1- BASIC SERVICES OF ENGINEER
1.1. General.
I.I.I. ENGINEER shall perform for OWNER
professional enu►eering services in all phases of the
Project to which this Agreement applies as hereinafter
provided. These services will include serving as
OWNER's professional engineering representative for
the Project, providing professional engineering
consultation and advice and furnishing customary civil,
structural, mechanical and electrical engineering
services and customary architectural services incidental
thereto.
1.2. Study and Report Phase.
After written authorization to proceed, ENGINEER
shall:
1.2.1. Consult with OWNER to clarify and define
OWNER's requirements for the Project and review
available data.
1.2.2. Advise OWNER as to the necessity of
OWNER's providing or obtaining f -om others data or
services of the types described in paragraph 3.2, and
assist OWNER in obtaining such data and services.
1.2.3. Identify and analyze requirements of
governmental authorization having jurisdiction to
approve the design of the Project and participate in
consultations with such authorities.
1.2.4. Provide analyses of OWNER's needs, planning
surveys, site evaluations and comparative studies of
prospective site and solutions.
1.2.5. Provide a general economic analysis of
OWNER's requirements applicable to various
alternatives.
1.2.6. Prepare a Report containing schematic layouts,
sketches and conceptual design criteria with appropriate
exhibits to indicate clearly the considerations involved
(including applicable requirements of governmental
authorities having jurisdiction as aforesaid) and the
alternative solutions available to OWNER and setting
for The ENGINEER's findings and recomm ndations.
This Report will be accompanied by ENGINEER's
opinion of probable costs for the Project, including the
following which will be separately itemized:
Construction Cost, allowance for engineering costs and
contingencies, and (on the basis of information
furnished by OWNER) allowances for such other items
as charges of all other professionals and consultants, for
the cost of land and rights way, for compensation for
or damages to properties, for interest and financing
charges and for other services to be provided by others
for OWNER pursuant to paragraph 3.2. The total of all
such costs, allowances, etc. are hereinafter called "Total
Project Costs."
1.2.7. Furnish five copies of the Study and Report
documents and review them in person with OWNER.
The duties and responsibilities of ENGINEER during
the Study and Report Phase are amended and
supplemented as indicated in paragraph 2 of Exhibit A
"Further DescriEtions of Basic Engineering Services and
Related Matters .
1.3. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
1.3.1. In consultation with OWNER and on the basis of
the accepted Study and Report documents, determine the
general scope, extent and character of the Project.
1.3.2. Prepare Preliminary Design documents
consisting of final design criteria, preliminary drawings,
outline specifications and written descriptions of the
Project.
1.3.3. Advise OWNER if additional data or services of
the types described in the first subparagraph of
paragraph 3.2 are necessary and assist OWNER in
obtaining such data and services.
1.3.4. Based on the information contained in the
preliminary design documents, submit a revised opinion
of probable Total Project Costs.
1.3.5. Furnish five copies of the above Preliminary
Design documents and present and review them in
person with OWNER.
The duties and responsibilities of ENGINEER during
the Preliminary Design Phase are amended and
supplemented as indicated in paragraph 3 of Exhibit A
"Further Description of Basic Engineering Services and
Related Matters .
1.4. Final Design Phase.
After written authorization to proceed with the Final
Design Phase, ENGINEER shall:
1.4.1. On the basis of the accepted Preliminary Design
documents and the revised opinion of probable Total
Project Costs, prepare for incorporation it the Contract
Documents final drawings to show the general scope,
extent and character of the work to be furnished and
performed by Contractor(s) (hereinafter called
Drawings") and Specifications (which will be prepared
in conformance with the sixteen division format of the
Construction Specifications Institute).
1.4.2. Provide technical criteria, written descriptions
and design data for OWNER's use in filing applications
for permits with or obtaining aapppprovals of such
governmental authorities as have jurisdiction to approve
the design of the Project, and assist OWNER in
consultations with appropriate authorities.
1.4.3. Advise OWNER of any adjustments to the latest
opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design
requirements of the Project or Construction Costs.
Furnish to OWNER a revised opinion of probable Total
Project Costs based on the Drawings and Specifications.
1.4.4. Prepare for review and approval by OWNER, its
legal counsel and other advisors contract agreement
forms, general conditions and supplementary conditions,
and (where appropriate) bid forms, invitations to bid and
instructions to bidders (all of which shall be consistent
with the forms and pertinent guide sheets prepared by
the Engineer's Joint Contract Documents Committee),
and assist in the preparation of other related documents.
1.4.5. Furnish five copies of the above documents and
of the Drawings and Specifications and present and
review them in person with OWNER
The duties and responsibilities of ENGINKEK during
the Final Design Phase are amended and supplemented
as indicated in paragraph 4 of Exhibit A "Further
Description of Basic Engineering Services and Related
Matters."
1.5. Bidding or Negotiating Phase.
After written authorization to proceed with the Bidding
or Negotiating Phase, ENGINEER shall:
1.5.1. Assist OWNER in advertising for and obtaining
bids or negotiating proposals for each separate prime
contract for construction, materials, equipment and
services; and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents have
been issued, attend pre -bid conferences and receive and
process deposits for Bidding Documents.
1.5.2. Issue addenda as appropriate to interpret, clarify
or expand the Bidding Documents.
1.5.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime
contractor(s) (herein called "Contractor(s)") for those
portions of the work as to which such acceptability is
required by the Bidding Documents.
1.5.4. Consult with OWNER concerning and
determine the ptability of substitute materials and
equipment propaas�ed by Contractor(s) when substitution
prior to the award of contracts is allowed by the Bidding
Documents.
1.5.5. Attend the bid opening, prepare bid tabulation
sheets and assist OWNER in evaluating bids or
proposals and in assembling and awarding contracts for
construction, materials, equipment and services.
The duties and responsibilities of ENGINEER during
the Bidding or Negotiating Phase are amended and
supplemented as indicated isparagraph 5 of Exhibit A
"Further Description of BasicEngincering Services and
Related Matters .
U. Construction Phase.
During the Construction Phase:
1.6.1. General Administration of Construction
Contract. ENGINEER shall consult with and advise
OWNER and act as OWNMVs representative as
provided in Articles I though 17, inclusive, of the
Standard General Conditions of the Construction
Contract, No. 1910-8 (1983 edition) of the Engineers'
Joint Contract Documents Committee. The extent and
limitations of the duties, responsibilities and authority of
ENGINEER as assigned in said Standard General
Conditions shall not be modified, except to the extent
provided in paragraph 6 of Exhibit A "Further
Description of Basic Engineering Services and Related
Matters" and except as ENGH41M may otherwise
agree in writing All of OWNER's instruction to
Contractor(s) will be issued through ENGINEER who
will have authority to action behalf of OWNER to the
extent provided in said Standard General Conditions
except as otherwise provided in writing.
1.6.2. Visits to Site and Observation of Construction.
In connection with observations of the work of
Contractor(S) while it is in progress:
1.6.2.1. ENGINEER shall make visits to the site at
intervals appropriate to the various stages of
construction as ENGINEER deems necessary m order
to observe as an experienced and qualified design
professional the progress and quality of the various
aspects of Contractor(s)' work In addition,
ENGINEER shall provide the services of a Resident
Project Representative (and assistants as agreed) at the
site to assist ENGINEER and to provide more
continuous observation of such work. Based on
information obtained gg such visits and on such
observations, ENGID shall endeavor to determine
in general if such work is proceeding in accordance
with the Contract Documents and ENGINEER shall
keep OWNER informed of the progress of the work
1.6.2.2. The Resident Project Representative (and any
assistants) will be ENGINEER's agent or employee
and under ENGINEER's supervision. The duties and
responsibilities of the Resident Project Representative
(and assistants) are set forth in Exhibit B "Duties,
Responsibilities and Limitation of Authority of
Resident Project Representative".
1.6.2.3. The purpose of ENGINEER's visits to and
representation by the Resident Project Representative
(and assistants, if any) at the site will be to enable
ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by
ENGINEER during the Construction Phase, and, in
addition, by exercise of ENGINEER's efforts as an
experienced and qualified design professional, to
provide for OWNER a greater degree of confidence
that the completed work of Contractor(s) will conform
generally to the Contract Documents and that the
integrity of the design concept as reflected in the
Contract Documents has been implemented and
preserved by Contractor(s). On the other hand,
ENGINEER shall not, during such visits or as a result
of such observations of Contractor(s)' work in
progress, supervise, direct or have control over
Contractor(s)' work nor shall ENGINEER have
authority over or responsibility for the means,
methods, techniques, sequences or procedures of
construction selected by Contractor(s), for safety
precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinance, codes
or orders applicable to Contractor(s) furnishing and
performing their work. Accordingly, ENGINEER can
neither guarantee the performance of the construction
contracts by Contractor(s) nor sesame responsibility
for Contractor(s)' failure to furnish and perform their
work in accordance with the Contract Documents.
1.6.3. Defective Work During such visits and on the
basis of such observations, ENGINEER may disapprove
of or reject Contractor(s)' work while it is in progress if
ENGINEER believes that such work will not produce a
completed Project that conforms generally to the
Contract Documents or that it will prejudice the
integrity of the design concept of the Project as reflected
in the Contract Documents.
1.6.4. Interpretations and Clarifications. ENGINEER
shall issue necessary interpretations and clarifications of
the Contract Documents and in connection therewith
prepare work directive changes and change orders as
1.6.5. Shop Drawings. ENGINEER shall review and
approve (or take other appropriate action 'in respect of)
Shop Drawings (as that term is defined in the aforesaid
Standard General Conditions), samples and other data
which Contractor(s) are required to submit, but only for
conformance with the design concept of the Project and
compliance with the information given in the Kntract
Documents. Such reviews and approvals or other action
shall not extend to means, methods, techniques,
sequences or procedures of construction or to safety
precautions and programs incident thereto.
1.6.6. Substitutes. ENGINEER shall evaluate and
determine the a facility of substitute materials and
equipment pby Contractor(s), but subject to the
provision of the second subparagraph of paragraph
2.1.2.
1.6.7. Inspections and Tests. ENGINEER shall have
authority, as OWNER'S representative, to require
special inspectin or testing of the work, and shall receive
and reveiw all certifiates of inssectons, testing and
approvals rquired by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents
(but only to determine generally that their content
complies withe requirements of, and the rsults certified
indicate compliance with, the Contract Documents).
1.6.8. Disputes between OWNER and Contractor.
ENGINEER shall act as initial interpreter of the
requirements of the Contract Documents and judge of
the acceptability of hte work thereunder and make
decisions on all claims of OVVNER and Contractor(s)
relating to the acceptability of the work or the
interpretation of the requirements oflite Contract
Documents pertaining to the execution and progress of
the work ENGINEER shall not be liable for the results
of any such interpretations or decisions rendered in good
faith.
1.6.9. Applications for Payment. Based on
ENGINEER's on -site observations as an experienced
and qualified design professional, on information
provided by the Resident Project Representative and on
review of applications for payment and the
accompanying data and schedules:
1.6.9.1. ENGINEER shal determine the amounts
owing to Contractor(s) and recommend in writing
payments to Contractor(s) in such amounts. Such
recommendations of payment will constitute a
representation to OWNER, based on such
observations and review, that the work has progressed
to the point indicated, and that, to the best of
ENGJNMVs knowledge, information and belief, the
quality of such work is generally in ac corance with the
Contract Documents (subject to an evaluation of such
work as a functioning whole pior to or upon
Substantial Completion, to the results of any
subsequent tests called for in the Contrat Documents
and to any other qualifications stated in the
recommendation). In the case of unit price work,
ENGINEER' recommendations of payment will
include final deternunatiosn of quantities and
classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents).
1.6.9.2 By recommending any payment ENGINEER
will not thereby be deemed to have represented that
exhaustive, continuous or detailed reviews or
examinations have been made by ENGINEER to
check the quality or quantity of Contractor(s)' work as
it is furnished and performed beyond the
responsibilities specifically assigned to ENGINEER in
this Agreement and the Contract Documents.
ENGINEER's review of Contractor(s)' work for the
purposes of recommending payments will not impose
on ENGINEER responsibility to supervise, direct or
control such work or for the means, methods,
techniques, sequences, or procedures of construction
or safety precautions or programs incident thereto or
Contractor(s) compliance with laws, rules,
regulations, ordinances, codes or orders applicable to
their furnishing rid ppeerforming the work. It will also
not impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes
any Contractor has used themoneys paid on account of
the Contract Price, or to determine that title to any of
the work, materials or equipment has passed to
OWNER fiee and clear of any lien, claims, security
interests or encumbrances, or tht there may not be
other matters at issue between OWNER and
Contractor that aught affect the amount that should be
paid.
1.6.10. Contractor's)' Completion Documents.
ENGINEER shall receive and review maintenance and
certificates of inspection, tests and approvals which are
to be assembled by Contractor(s) in accordance with the
Contract Documents (but such review will only be to
determine that their content complies with the
requirements a and in the case of certificates of
inspection, tests and approvals the results certified
indicate compliance with, the Contract Documents); and
shall transmit them to OWNER with written comments.
1.6.1 L .Inspections ENGINEER shall conduct an
inspection to determine if the work is substantially
complete and a final inspection to determine if the
completed work is acceptable so that ENGINEER may
recommend, in writing, final payment to Contractor(s)
and may give written notice to OWNER and the
Contractor(s) that the work is acceptable (subject to any
conditions therein expressed), but any such
recommedation and notice will be subject to the
limitations expressed in paragraph 1.6.9.2.
1.6.12. Limitation of Responsibilities ENGINEER
shall not be responsible for the acts or omissions of any
Contractor, or of any subcontractor or supplier, or any of
the Contractor's)' or subcontractor's or supplier's agents
or employees or any other persons (except ENGINEER's
own employees and agents) at the site or otherwise
furnishing or performing any of the Contractor(s)' work;
however, nothing contained in paragraphs 1.6.1 thru
1.6.11, inclusive, shall be construed to release
ENGINEER from liability for failure to properly
perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
M. Operational Phase.
During Operational Phase, ENGINEER shall, when
requested by OWNER:
1.7.1. Provide assistance in the closing of any financial
or related transaction for the Project.
1.7.2. Provide assistance in connection with the
reinfing and adjusting of any equipment or system.
1.7.3. Assist OWNER in training OWNER's staff to
operate and maintain the Project
1.7.4. Assist OWNER in developing systems and
procedures for control of the operation and maintenance
of and record keeping for the Project.
1.7.5. Prepare a set of reproducible record prints of
Drawings showing those changes made during the
construction process, based on the marked -up prints,
drawings and other data furnished by Contrator(s) to
ENGINEER and which ENGINEER considers
significant.
1.7.6. In company with OWNER, visit the Project to
observe any apparent defects in the completed
construction, assist OWNER in consultations and
discussions with Contractor(s) concerning correction of
such deficiencies, andmake recommendations as to
replacement or correction of defective work.
operating instructions, schedules, guarantees, bonds and
The duties and responsibilities of ENGINEER during
the Operational Phase are amended and supplemented
as indicated in paragraph 7 of Exhibit A "Further
Description of Basic Engineering Services and Related
Matters".
SECTION 2 - ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engincerin services do not
include service in respect of the following categories of
work which are usually referred to as Additional
Services.
2.1.1. If OWNER wishes ENGINEER to perform
any of the following Additional Services, OWNER
shall so instruct ENGINEER in writing, and
ENGINEER shall perform or obtain from others
such services and will be paid therefor as provided
in the Letter Agreement:
-Preparation of applications and supporting
documents for governmental financial support of
the Project in addition to those required under
Basic Services; preparation or review of
emnromental studies and related services; and
assistance in obtaining environmental approvals.
-Services to make measured drawings of or to
investigate existing conditions or facilities.
- Services resulting from significant changes in the
general extent or character of the Project
or major in documentation previously
accepted by OWNER where changes are due to
causes beyond ENGINEER's control.
-Providing renderings or models.
documents for alternate bids requested
by OWNER for work which is not executed or for
out -of -sequence work.
-Detailed consideration of operations, maintenance
and overhead expenses; value engineering and
the preparation of rate schedules, earnings and
expense statements, cash flow and economic
evaluations, feasibility studies, appraisals and
valuations.
-Furnishing the services of independent
professional associates or consultants for other
than Basic Services.
-If ENGINEER's compensation for Basic Services
is not on the basic of Direct Labor or Salary
Costs, services resulting from the award of more
than one prime contract for construction,
materials, equipment or services for the Project,
or from the construction contract containing cost
plus or incentive -savings Provisions for
Contractor's basic compensation, or from
arranging for performance by persons other than
the principal prime contractors or from
edminictering OWNER's contracts for such
services.
- Services in connection with field surveys for
staking purposes
work of Cand �tracto�r(s).surveys and
- Services during out-f-town travel other than
visits to the site.
-Preparation of operating and maintenance
manuals to supplement Basic Services under
paragraph 1.7.3.
-Preparing to serve or serving as a consultant or
witness in an litigation, arbitration or other legal
or adminstrative proceeding except where
required as part of Basic Services.
2.1.2. When required by the Contract Documents in
circumstances beyond > ENGH4MR's control,
ENGINEER shall perform or obtain from others any of
the following Additional Services as circumstances
require during construction and without waiting for
specific instructions from OWNER, and ENGINEER
will be paid therefor as provided in the Letter
Agreement:
- Services in connection with work directive changes
and change ordes to relfect the changes requested by
OWNER if the resulting change in compensation for
Basic Services is not commensurate with the
additional services rendered
Services in making revisions to Drawings and
Specifications occasioned byy the acceptance of
substitutions proposed by Contractor(s); services
afler the award of each contract in evaluating and
determining the acceptability of an unreasonable or
excessive number of substitutions proposed by
Contractor, and evaluating an unreasonable or
extensive number of claims submitted by
Contractor(s) or others in connection with the work.
Services resulting from significant dealys, chan*cs
or
price increases occurring as a direct ormdi drect
result of material, equipment or energy shortages.
Additional or extended services during eonstruciton
made necessary by (1) work damage by fire or other
causes during construction, (2) a significant amount
of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving
services beyond normal working hours, (4) default by
any Contractor.
SECTION 3 - OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full
infomration as to OWNER's requirements for the
Project; designate a person to act with authority on
OWNER's behalf m of all aspects of the Proejct;
examine and respopromptly to ENGINEER's
submissions; and give prompt wirtten notice to
ENGINEER whenever OWNER observes or otherwise
becomes aware of any defect in the work.
3.2. OWNER shall also do the following and pay all
costs incident thereto:
Furnish to ENGINEER borings, probings and
subsurface explorations, hydrographic surveys,
laboratory tests and inspections of samples, materials
and equipment; appropriate professional
interpretations of all of the foregoing, environmental
assessment and impact statement; property,
boundary, easement, right-d--way, topographic and
utility surveys; property descriptions; zoning and cad
restrictions; all of which ENGINEER may rely upon
in performing services hereunder.
- Guarantee access . to and make all provisions for.
ENGINEER to enter upon public . and private
property.
- Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be reuqired for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and anypE�on services to determine if
Contractor(s) are orming the work legally.
- Provide engineering surveys to establish reference
points for construction.
- Furnish approvals and permits farm all
gavernrnental authorities having jurisdiction over the
Project.
- If more than one prime contractor is to be awarded
for construction, designate a party to have
responsibility and authority for coordinating the
activities of the various prune contractors.
3.3. OWNER shall pay all costs incident to obtaining
bids or proposals from Contractor(s).
SECTION 4 - MEANING OF TERMS
4.1. As used herein the term "this Agreement" refers to
the Letter Agreement to which these General Provisions
are attached and to these General Provisions, Exhibit A
"Further Descrption of Basic Engineering Services and
Related Matters" and Exhibit B "Duties, Responsibilities
and Limitations of Authority of Resident Project
Representative", as if they weir part of one and the same
document.
4.2. The construction cost of the entire Project (herein
referred to as "Construction Cost") means the total cost
to OWNER of those portions of the entire Project
designed and specified by ENGINEER, but it will not
include ENGINEER's compensation and expenses, the
cost of land, rights-f--way, or compensation for or
damages to properties unless this Agreement so
specifies, nor will it include OWNER's legal,
accounting, insurance counseling or auditing services,
or interest and financing charges incurred in connection
with the Project or the cost of other services to be
provided by others to OWNER pursuant to paragraph
3.2. [Construction Cost is one of the items comprising
Total Project Costs which is defined in paragraph 1.2.6.1
4.3. Direct Labor Costs used as a basis for payment
means salaries and wages (basic and incentive) paid to
all ENGINEER's personnel engaged directly on the
Proeject, including, but not limited to, engineers,
architects, surveyors, designers, draftsmen, specification
writers, estimators, other technical and business
personnel; but does not include indirect payroll related
costs or fringe benefits. For the purposes of this
Agreement the principals of ENGINEER and their
current hourly Direct Labor Costs are:
The hourly Direct Labor Costs of principals of
ENGINEER will be adjusted equitably to reflect changes
in personnel and in ENGINEER's overall compensation
procedures and practices.
4.4. The Salary Costs used as a basis for payment mean
salaries and wages (basic and incentive) paid to all
ENGINEER's personnel engaged directly on the Project,
incuding, but ont limited to, engineers, architects,
surveyors, designers, draftsmen, specification writers,
estimators, other technical and business personnel; lulus
the cost of customary and statutory benefits including,
but not limited to, social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, sick leave,
vacation and holiday pay and other group benefits. For
the purposes of thus Agreement, the principals of
ENGINEER and their current hourly Salary Costs are:
The hourly Salary Costs of principals of ENGINEER
will be adjusted equitably to reflect changes in personnel
and in ENCI]NEER's overall compensation procedures
and practices.
4.5 Reimbursable Expenses mean the actual expenses
incurred by ENGINEER or ENGINEER's independent
professional associates or consultants directly or
indirectly in connection with the Project, such as
expenses for: transportation and subsistence incidental
therto; obtainging bids or proposals from Contractor(s);
grounding and maintaining field office facilities
including furnishings and utilities; subsistenc and
transportation of Resident Project Representatives and
their assistants; toll telephone calls and telegrams;
production of reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in addition
to those required under Section 1; and if authorized in
advance by OWNER, overtime work requiring higher
than regular rates. In addition, when compensation for
Basic Services is on the basis of cost plus a fixed fee,
Direct Labor Costs or Payroll Costs method of payment,
if authorized in advance by OWNER, Reimbursable
Expenses will also include expenses incurred for
armputer time and other highly specialized equipment,
including an appropriate charge for previously
established programs and expenses of photographic
production teohmques times a factor of 1(one)
SECTION 5 - MISCELLANEOUS
5.1. Reuse of Documents.
All documents including Drawings and Specifications
prepared or furnished by ENGINEER (and
ENGINEER'S independent professional associates and
consultants) pursuant to this Agreement are instruments
of service in respect of the Project and ENGINEER shall
retain an ownership and property interest therein
whether or not the Project is completed. OWNER may
make and retain copies for information and reference in
connection with the use and occupancy of the Project by
OWENR and others; however, such documents are not
intended or represented to be suitable for reuse by
OWNER or others on extensions of the Project or on any
other project Any reuse without written verification or
adaptation by ENGINEER for the specific purpose
intended will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, or to
ENGINEER'S independent professional associates or
consultants, and OWNER shall indemnify and hold
harmless ENGINEER and ENGINMVs independent
professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom. Any such
verification or adaptation will entitle ENGINEER to
further compensation at rates to be agreed upon by
OWNER and ENGINEER
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of labor,
materials, equipment or services furnished by others, or
over the Contractor(s)' methods of determining prices,
or over competitive bidding or market conditions,
ENGINEER's opinions of probable Total Project Costs
and Construction Cost provided for therein are to be
made on the basis of ENGINEER's experience and
qualification and represent ENGINEER's best
judgment as an experienced and qualified professional
engineer, familiar with the construction industry but
ENGINEER cannot and does not guarantee that
proposals, bids or actual Total Project or Construction
Costs will not vary from opunions of probable cost
prepared by ENGINEER. If prior to the Bidding or
Negotiating Phase OWNER wishes greater assurance as
to Total Project or Construction Costs, OWNER shall
employ an independent cost estimator as provided in
paragraph 3.2. ENGINEER'S services to modify the
Contract Documents to * brmff the Construction Cost
within any limitation established by OWNER will be
considered Additional Services and paid for as such by
OWNER
5.3. Other Provisions Concerning Payments.
If OWNER fails to make any payment due ENGINEER
for services and expenses within thirty days after receipt
of ENGINEER's statement therefor, the amounts due
ENGINEER will be increased at the rate of 1% per
month from said thirtieth day, and in addition,
ENGINEER amy, after giving seven days' written notice
to OWNER, suspend services under this Agreement
until ENGINEER has been paid in full all amounts due
for services, expenses and charges.
5.4. Termination
The obligation to provide further services under this
Agreement may be terminated by either party upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance with
the terms hereof through no fault of the terminating
party. In the event of any termination, ENGIl3EER will
be paid for all services rendered to the date of
termination, all Reimbursable Expenses and termination
expenses.
S.S. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby bound
and the partners, successors, executors, administrator
and legal representatives of OWNER and ENGINEER
(and to the extent permitted by paragraph 5.6.2 the
assigns of OWNER and ENGINEER) are hereby bound
to the other party to this Agreement and to the partners,
successors, executors, administrators and legeal
representatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of
this Agreement.
5.6.2. Neither OWNER nor ENGINEER shall assign,
sublet or transfer any rights under or interests in
(including, but without limitation, moneys that may
become due or moneys that are due) this Agreement
without the written consent of the other, except to the
extent that any assignment, subletting or transfer is
mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no
assignment will releaes or discharge the assignor from
any duty or responsibility under this Agreement.
Nothing contained in this paragraph shall prevent
ENGINEER form employing such independent
professional associates and consultants as EN R-41M
may deem appropriate to assist in the performance of
services hereunder.
5.6.3. Nothing under this Agreement shall be
construed to give any rights or benefits in this
Agreement to anyone other than ONWER and
ENGINEER, and all duties and responsibilities
undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of OWNER
and ENGINEER and not for the benefit of any
other party.
5.7. Deleted.
entire understanding between you and us in respect of the Project and may only be modified in
writing signed by both of us. If it satisfactorily sets forty your understanding of our agreement,
we would appreciate your signing the enclosed copy of this letter in the space provided below and
return it to us.
Very truly yours,
FANNING, FANNING & ASSOCIATES, INC.
Accepted this loth day of June, 1999.
City k; Lu bock ty, T
By
Windy Sitto Mayor
Approved as to Content
A& -
Gary . SmMi, AIA
Facilities Manager
B . Jack F. Roberts, P.E.
Vice President
ATTEST:
I �11*1 ) "
Kayth arnell
city S cretary
Approved as to Form
William de Haas
Competition & Contracts Manager