HomeMy WebLinkAboutResolution - 2004-R0409 - Professional Services Agreement - Lockwood, Andrews & Newman, Inc. - 08_26_2004Resolution No. 2004-RO409
August 26, 2004
Item No. 28
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Master Agreement
between Owner. and Engineer for Professional Services, a Work Authorization Based
upon Master Agreement between Owner and Engineer for Professional Services, and all
work documents related thereto by and between the City of Lubbock, Texas and
Lockwood, Andrews & Newman, Inc., a Texas corporation, attached hereto, which shall
be spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
ov-p
Rebecca Garza, City Secretary
APPROVED AS 1,O CONTENT:
Wood f ,ankl' ,
Interim NKf Engineer
Water Utilities
as/CCDOCS/LAN Resolution-1
August 13, 2004
26th day of August , 2004.
MCDOUGAL, MAYOR
Resolution No. 2004-RO409
I
August 26, 2004
Item No. 28
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use,
completion or modification. This document should be adapted to the particular circumstances of the contemplated;
Project and the applicable laws of the jurisdiction in which the professional services for the Project are to be
performed.
MASTER AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS A MASTER AGREEMENT made as of August 26 , 2004
between City of Lubbock ("OWNER")
and Lockwood, Andrews & Newnam, Inc. ("ENGINEER"). OWNER intends to assign work authorizations to ENGINEER to
perform services. Said services shall be defined in each authorization. The term "Project" throughout this Master Agreement
will relate to a respective work authorization.
OWNER and ENGINEER in consideration oftheir mutual covenants herein agree in respect of the performance or furnishing
of professional engineering services by ENGINEER with respect to the Project and the payment for those services by
OWNER as set forth in this Agreement and in each individual Work Authorization.
Page 1 of 16 Pages
LAN303
SECTION 1--GENERAL
1.1. Standard of Care.
ENGINEER shall perform for or furnish to OWNER
professional engineering and related services in all phases
of the Project to which this Agreement applies as
hereinafter provided. The ENGINEER shall serve as the
OWNER's prime design professional and engineering
representative for the Project providing professional
engineering consultation and advice with respect thereto.
ENGINEER may employ such ENGINEER's Consultants
as ENGINEER deems necessary to assist in the
performance or furnishing of professional engineering and
related services hereunder. ENGINEER shall not be
required to employ any ENGINEER's Consultant
unacceptable to ENGINEER.
The standard of care for all professional engineering and
related services performed or furnished by ENGINEER
under this Agreement will be the care and skill ordinarily
used by members of ENGINEER's profession practicing
under similar conditions at the same time and in the same
locality.
1.2. Coordination with Other Documents.
It is the intention of the parties that the Standard General
Conditions will be used as the General Conditions for the
Project and that all amendments thereof and supplements
thereto will be generally consistent therewith. Except as
otherwise defined herein, the terms which have an initial
capital letter in this Agreement and are defined in the
Standard General Conditions will be used in this Agreement
as defined in the Standard General Conditions. The term
"defective" will be used in this Agreement as defined in the
Standard General Conditions.
1.3. Definitions.
Wherever used in this Agreement the following terms have
the meanings indicated which are applicable to both the
singular and plural thereof.
1.3.1. Additional Services. Additional Services means the
services to be performed for or furnished to OWNER by
ENGINEER described in Section 3 of this Agreement.
1.3.2. Agreement. Agreement means this Master
Agreement between OWNER and ENGINEER for
Professional Services including those exhibits listed in
Section 9 of this Master Agreement plus an individual
Work Authorization from the OWNER.
1.3.3. Basic Services. Basic Services means the services to
be performed for or furnished to OWNER by ENGINEER
described in Section 2 of this Agreement.
1.3.4. Construction Cost. Construction Cost means the
total cost to OWNER of those portions of the entire Project
designed or specified by ENGINEER. Construction Cost
does not include ENGINEER's compensation and expenses,
the cost of land, rights -of -way, or compensation for or
damages to properties, or 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 Section 4 of this Agreement.
Construction Cost is one of the items comprising Total
Project Costs.
1.3.5. Contractor. Contractor means the person or entity
with whom OWNER enters into a written agreement
covering construction work to be performed and furnished
with respect to the Project.
1.3.6. ENGINEER's Consultant. ENGINEER's Consultant
means a person or entity having a contract with ENGINEER
to furnish Basic or Additional Services as ENGINEER's
independent professional associate or consultant engaged
directly on the Project.
1.3.7. Reimbursable Expenses. Reimbursable Expenses
means the expenses incurred directly in connection with the
performance or furnishing of Basic and Additional Services
for the Project for which OWNER shall pay ENGINEER as
indicated in Exhibit B, "Payments to Engineer for Services
and Reimbursable Expenses" ("Exhibit B").
1.3.8. Resident Project Representative. Resident Project
Representative means the authorized representative of
ENGINEER who will be assigned to assist ENGINEER at
the site during the Construction Phase. The Resident Project
Representative will be ENGINEER's agent or employee
and under ENGINEER's supervision. As used herein, the
term Resident Project Representative includes any assistants
of Resident Project Representative agreed to by OWNER.
The duties and responsibilities of the Resident Project
Representative are set forth in Exhibit C, "Duties,
Responsibilities and Limitations of Authority of Resident
Project Representative" ("Exhibit C").
1.3.9. Standard General Conditions. Standard General
Conditions means the Standard General Conditions of the
Construction Contract (No. 1910-8) (1990 Edition) of the
Engineers Joint Contract Documents Committee.
1.3.10. Total Project Costs. Total Project Costs means the
sum of the Construction Cost, allowances for contingencies,
the total costs of design professional and related services
Page 2 of 16 Pages
LAN303
F9
provided by ENGINEER 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 -of -way, for compensation for or
damages to properties, for interest and financing charges
and for other services to be provided by others to OWNER
under paragraphs 4.4, 4.5 and 4.7 through 4.14, inclusive.
SECTION 2—BASIC SERVICES OF ENGINEER
Upon this Agreement becoming effective and issuance of an
individual Work Authorization from the OWNER,
ENGINEER shall provide the following basic services as
identified in "Exhibit A" of the respective Work
Authorization.
2.1. Study and Report Phase.
2.1.1. Consult with OWNER to understand OWNER's
requirements for the Project and review available data.
2.1.2. Advise OWNER as to the necessity of OWNER's
providing or obtaining from others data or services of the
types described in paragraph 4.4 which are not part of
ENGINEER's Basic Services, and assist OWNER in
obtaining such data and services.
2.1.3. Identify and analyze requirements of governmental
authorities having jurisdiction to approve the portions of the
Project designed or specified by ENGINEER with whom
consultation is to be undertaken in connection with the
Project.
2.1.4. Evaluate various alternate solutions available to
OWNER as described in Exhibit A, and, after consultation
with Owner, recommend to OWNER those solutions which
in the ENGINEER's judgment best meet OWNER's
requirements for the Project.
2.1.5. Prepare a report (the "Report") which will contain
the statement of OWNER's requirements for the Project
and, as appropriate, will contain schematic layouts, sketches
and conceptual design criteria with appropriate exhibits to
indicate the considerations involved and those alternate
solutions available to OWNER which ENGINEER
recommends. This Report will be accompanied by
ENGINEER's opinion of Total Project Costs for each
solution which is so recommended for the Project, including
the following which will be separately itemized: opinion of
probable Construction Cost, allowances for contingencies
and for the estimated total costs of design professional and
related services provided by ENGINEER and, on the basis
of information furnished by OWNER, allowances for other
items and services included within the definition of Total
Project Costs.
2.1.6. Furnish the Report to and review it with OWNER.
2.1.7. Revise the Report in response to OWNER's
comments, as appropriate, and furnish final copies of the
Report in the number set forth in Exhibit A.
2.1.8. Submit the Report within the stipulated period
indicated in Exhibit A.
2.1.9. ENGINEER's services under the Study and Report
Phase will be considered complete at the earlier of (1) the
date when the Report has been accepted and approved by
OWNER or (2) thirty days after the date when such Report
is delivered to OWNER for final acceptance, plus in each
case such additional time as may be considered reasonable
for obtaining approval of governmental authorities having
jurisdiction to review the portions ofthe Project designed or
specified by ENGINEER, if such approval is to be obtained
during the Study and Report Phase.
The duties and responsibilities of ENGINEER during the
Study and Report Phase as set forth in this paragraph 2.1
are amended and supplemented as indicated in Exhibit A.
2.2. Preliminary Design Phase.
After acceptance by OWNER of the Report, selection by
OWNER of a recommended solution and indication of any
specific modifications or changes in the scope, extent,
character or design requirements of the Project desired by
OWNER, and upon written authorization from OWNER,
ENGINEER shall:
2.2.1. On the basis of the Report, the recommended
solution selected by OWNER and the specific modifications
or changes in the scope, extent, character or design
requirements of the Project agreed upon by OWNER and
ENGINEER, prepare Preliminary Design documents
consisting of final design criteria, preliminary drawings,
outline specifications and written descriptions of the
Project.
2.2.2. Advise OWNER if additional reports, data or other
information or services of the types described in paragraph
4.4 are necessary and assist OWNER in obtaining such
reports, data or other information and services.
2.2.3. Based on the information contained in the
Preliminary Design documents, submit a revised opinion of
probable Construction Cost and any adjustments to Total
Project Costs known to ENGINEER, which will be itemized
as provided in paragraph 2.1.5.
2.2.4. Furnish the Preliminary Design documents to and
review them with OWNER.
Page 3 of 16 Pages LAN303
2.2.5. Submit the Preliminary Design documents and
revised opinion of probable Construction Cost within the
stipulated period indicated in Exhibit A.
2.2.6. ENGINEER's services under the Preliminary Design
Phase will be considered complete at the earlier of (1) the
date when the Preliminary Design documents have been
accepted and approved by OWNER or (2) thirty days after
the date when such Preliminary Design documents are
delivered to OWNER for final acceptance, plus in each case
such additional time as may be considered reasonable for
obtaining approval of governmental authorities having
jurisdiction to approve the Preliminary Design
documentation, if such approval is to be obtained during the
Preliminary Design Phase.
The duties and responsibilities of ENGINEER during the
Preliminary Design Phase as set forth in this paragraph 2.2
are amended and supplemented as indicated in Exhibit A.
2.3. Final Design Phase.
After acceptance and approval by OWNER of the
Preliminary Design Phase documents and revised opinion of
probable Construction Cost and indication of any specific
modifications or changes in the scope, extent, character or
design requirements ofthe Project desired by OWNER, and
upon written authorization from OWNER, ENGINEER
shall:
2.3. L On the basis of the accepted Preliminary Design
documents, the modifications or changes in the scope,
extent, character or design requirements of the Project
agreed upon by OWNER and ENGINEER and the revised
opinion of probable Construction Cost, prepare for
incorporation in the Contract Documents final Drawings
showing the scope, extent and character of the work to be
performed and furnished by Contractor and Specifications
(which will be prepared, where appropriate, in general
conformance with the sixteen division format of the
Construction Specifications Institute).
2.3.2 Provide technical criteria, written descriptions and
design data in a timely fashion for OWNER's use in filing
applications for permits with or obtaining approvals of such
governmental authorities as have jurisdiction to review or
approve the final design of the Project, and assist OWNER
in consultations with appropriate authorities.
2.3.3. Advise OWNER of any adjustments to the opinion
of probable Construction Cost and any adjustments to Total
Project Costs known to ENGINEER, itemized as provided
in paragraph 2.1.5, as a result of changes in scope, extent,
or character or design requirements of the Project.
2.3.4. 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 will be generally
consistent in form and substance with the forms and
pertinent guide sheets prepared by the Engineers Joint
Contract Documents Committee), and assist in the
preparation of other related documents.
2.3.5. Furnish the above documents, Drawings and
Specifications to and review them with OWNER.
2.3.6. Submit the above documents, Drawings and
Specifications and a revised opinion of probable
Construction Cost within the stipulated period indicated in
Exhibit A.
2.3.7. ENGINEER's services under the Final Design Phase
will be considered complete at the earlier of (1) the date
when the submittals have been accepted and approved by
OWNER or (2) thirty days after the date when such
submittals are delivered to OWNER for final acceptance,
plus in each case such additional time as may be considered
reasonable for obtaining approval of governmental
authorities having jurisdiction to approve the portions of the
Project designed or specified by ENGINEER, if such
approval is to be obtained during the Final Design Phase.
The duties and responsibilities of ENGINEER during the
Final Design Phase as set forth in this paragraph 2.3 are
amended and supplemented as indicated in Exhibit A.
2.4. Bidding or Negotiating Phase.
After acceptance by OWNER of the ENGINEER's
Drawings, Specifications and other Final Design Phase
documentation (including the most recent opinion of
probable Construction Cost), and upon written authorization
to proceed, ENGINEER shall:
2.4.1. Assist OWNER, as requested by OWNER, in
advertising for and obtaining bids or negotiating proposals
for the 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, if any, and receive and
process deposits for Bidding Documents.
2.4.2. Issue Addenda as appropriate to clarify, correct or
change the Bidding Documents.
2.4.3. Consult with OWNER as to the acceptability of
subcontractors, suppliers and other persons and entities
proposed by Contractor for those portions of the work as to
Page 4 of 16 Pages LAN303
which such acceptability is required by the Bidding
Documents.
2.4.4. 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.
2.4.5. The Bidding or Negotiating Phase will terminate and
the services to be performed or furnished thereunder will be
considered complete upon commencement of the
Construction Phase or upon cessation of negotiations with
prospective Contractors (except as may otherwise be
required to complete the services called for in paragraph
E7.2.5, if Exhibit E is a part of this Agreement).
The duties and responsibilities of ENGINEER during the
Bidding or Negotiating Phase as set forth in this paragraph
2.4 are amended and supplemented as indicated in
Exhibit A.
2.5 Construction Phase.
During the Construction Phase:
2.5.1. General Administration of Construction Contract.
ENGINEER shall consult with and advise OWNER and act
as OWNER's representative as provided in the Standard
General Conditions. 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 Exhibit A and
except as ENGINEER may otherwise agree in writing.
2.5.2. Visits to Site and Observation of Construction. In
connection with observations of the work of Contractor
while it is in progress:
2.5.2.1. ENGINEER shall make visits to the site as
required in Exhibit A of the respective Work Authorization
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 at
the site to assist ENGINEER and to provide more
continuous observations of such work. The furnishing of
such Resident Project Representative services will not
extend ENGINEER's responsibilities or authority beyond
the specific limits set forth elsewhere in this paragraph 2.5.
Such visits and observations by ENGINEER and the
Resident Project Representative are not intended to be
exhaustive or to extend to every aspect of the work in
progress, or to involve detailed inspections of the work
beyond the responsibilities specifically assigned to
ENGINEER in this Agreement and the Contract
Documents, but rather are to be limited to spot checking,
selective sampling and similar methods of general
observation of the work based on ENGINEER's exercise of
professional judgment as assisted by the Resident Project
Representative. Based on information obtained during such
visits and such observations, ENGINEER 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.
The responsibilities of ENGINEER contained in this
paragraph are expressly subject to the limitations set forth
in paragraph 2.5.2.2 and other express or general limitations
in this Agreement and elsewhere.
2.5.2.2. The purpose of ENGINEER's visits to and
representation by the Resident Project Representative 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 the 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 will conform in general to
the Contract Documents and that the integrity of the design
concept of the completed Project as a functioning whole as
indicated in the Contract Documents has been implemented
and preserved by Contractor. 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, for safety precautions
and programs incident to the work of Contractor or for any
failure of Contractor to comply with laws, rules,
regulations, ordinances, codes or orders applicable to
Contractor's furnishing and performing the work.
Accordingly, ENGINEER neither guarantees the
performance of any Contractor nor assumes responsibility
for any Contractor's failure to furnish and perform its work
in accordance with the Contract Documents.
2.5.3. Defective Work. During such visits and on the basis
of such observations, ENGINEER shall have authority to
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 completed Project as a functioning
whole as indicated in the Contract Documents.
2.5.4. Clarifications and Interpretations; Field Orders.
ENGINEER shall issue necessary clarifications and
interpretations of the Contract Documents as appropriate to
the orderly completion of the work. Such clarifications and
interpretations will be consistent with the intent of and
reasonably inferable from the Contract Documents.
Page 5 of 16 Pages
LAN303
M
ENGINEER may issue Field Orders authorizing minor
variations from the requirements of the Contract
Documents.
2.5.5. Change Orders and Work Change Directives.
ENGINEER shall recommend Change Orders and Work
Change Directives to OWNER as appropriate, and shall
prepare Change Orders and Work Change Directives as
required.
2.5.6. Shop Drawings. ENGINEER shall review and
approve (or take other appropriate action in respect of)
Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and
compatibility with the design concept of the completed
Project as a functioning whole as indicated in the Contract
Documents. Such reviews and approvals or other action will
not extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and
programs incident thereto.
2.5.7. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute or "or -equal"
materials and equipment proposed by Contractor, but
subject to the provisions of paragraph 3.2.2.
2.5.8. Inspections and Tests. ENGINEER may require
special inspections or tests of the work, and shall receive
and review all certificates of inspections, tests and
approvals required by laws, rules, regulations, ordinances,
codes, orders or the Contract Documents. ENGINEER's
review of such certificates will be for the purpose of
determining that the results certified indicate compliance
with the Contract Documents and will not constitute an
independent evaluation that the content or procedures of
such inspections, tests or approvals comply with the
requirements ofthe Contract Documents. ENGINEER shall
be entitled to rely on the results of such tests.
2.5.9. Disagreements between OWNER and Contractor.
ENGINEER shall render the initial decisions on all claims
of OWNER and Contractor relating to the acceptability of
the work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and
progress of the work. In rendering such decisions,
ENGINEER shall be fair and not show partiality to
OWNER or Contractor and shall not be liable in connection
with any decision rendered in good faith in such capacity.
2.5.10. Applications for Payment. Based on ENGINEER's
on -site observations as an experienced and qualified design
professional and on review of Applications for Payment and
the accompanying data and schedules:
2.5.10.1. ENGINEER shall determine the amounts
owing to Contractor and recommend in writing payments
to Contractor in such amounts. Such recommendations
of payment will constitute ENGINEER's representation
to OWNER, based on such observations and review,
that, to the best of ENGINEER's knowledge,
information and belief, the work has progressed to the
point indicated, the quality of such work is generally in
accordance with the Contract Documents (subject to an
evaluation of such work as a functioning whole prior to
or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents
and to any other qualifications stated in the
recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to
have been fulfilled in so far as it is ENGINEER's
responsibility to observe the work. In the case of unit
price work, ENGINEER's recommendations ofpayment
will include final determinations of quantities and
classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents). The
responsibilities of ENGINEER contained in paragraph
2.5.10.1 are expressly subject to the limitations set forth
in paragraph 2.5.10.2 and other express or general
limitations in this Agreement and elsewhere.
2.5.10.2. By recommending any payment ENGINEER
shall not thereby be deemed to have represented that on -
site observations made by ENGINEER to check the
quality or quantity of Contractor's work as it is
performed and furnished have been exhaustive, extended
to every aspect of the work in progress, or involved
detailed inspections of the work beyond the
responsibilities specifically assigned to ENGINEER in
this Agreement and the Contract Documents. Neither
ENGINEER's review of Contractor's work for the
purposes of recommending payments nor ENGINEER's
recommendation of any payment (including final
payment) will 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
Contractor's furnishing and performing the work. It will
also not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
Contractor has used the moneys paid on account of the
Contract Price, or to determine that title to any of the
work, materials or equipment has passed to OWNER
free and clear of any liens, claims, security interests or
encumbrances, or that there may not be other matters at
issue between OWNER and Contractor that might affect
the amount that should be paid.
Page 6 of 16 Pages
LAN303
1�
2.5.11. Contractor's Completion Documents. ENGINEER
shall receive and review maintenance and operating
instructions, schedules, guarantees, Bonds, certificates or
other evidence of insurance required by the Contract
Documents, certificates of inspection, tests and approvals,
and marked -up record documents (including Shop
Drawings approved or reviewed under paragraph 2.5.6 and
marked -up record Drawings) which are to be assembled by
Contractor in accordance with the Contract Documents to
obtain final payment (but the extent of such review will be
limited as provided in paragraph 2.5.8); and shall transmit
them to OWNER with written comments.
2.5.12. Substantial Completion. Following notice from
Contractor that Contractor considers the entire work ready
for its intended use, ENGINEER and OWNER,
accompanied by Contractor, shall conduct an inspection to
determine if the work is substantially complete. If after
considering any objections of OWNER, ENGINEER
considers the work substantially complete, ENGINEER
shall deliver a certificate of Substantial Completion to
OWNER and Contractor.
2.5.13. Final Notice of Acceptability of the Work.
ENGINEER shall conduct a final inspection to determine if
the completed work of Contractor is acceptable so that
ENGINEER may recommend, in writing, final payment to
Contractor. Accompanying the recommendation for final
payment, ENGINEER shall also provide a notice in the
form attached hereto as Exhibit D (the "Notice of
Acceptability of Work') that the work is acceptable (subject
to the provisions of paragraph 2.5.10.2) to the best of
ENGINEER's knowledge, information and beliefand based
on the extent of .the services performed and furnished by
ENGINEER under this Agreement.
2.5.14. Limitation of Responsibilities. ENGINEER shall
not be responsible for the acts or omissions of any
Contractor, or of any subcontractor, any supplier, or of any
other person or organization performing or furnishing any
of the work. ENGINEER shall not be responsible for
Contractor's failure to perform or furnish the work in
accordance with the Contract Documents.
2.5.15. Duration of Construction Phase. The Construction
Phase will commence with the execution of the construction
contract for the Project or any part thereof and will
terminate upon written recommendation by ENGINEER of
final payment. If the Project involves more than one prime
contract as indicated in paragraph 5.5, Construction Phase
services may be rendered at different times in respect of
separate prime contracts.
The duties and responsibilities of ENGINEER during the
Construction Phase as set forth in this paragraph 2.5 are
amended and supplemented as indicated in Exhibit A.
2.6. Operational Phase.
During the Operational Phase, ENGINEER shall, when
requested by OWNER:
2.6.1. Provide assistance in connection with the refining
and adjusting of any equipment or system.
2.6.2. Assist OWNER in training OWNER's staff to
operate and maintain the Project.
2.6.3. Assist OWNER in developing systems and
procedures for control of the operation and maintenance of
and record keeping for the Project.
2.6.4. Prepare a set of reproducible record drawings
showing record information which ENGINEER considers
significant based on the Drawings, Shop Drawings, and
other record documents furnished by Contractor to
ENGINEER which were annotated by Contractor to show
all changes made during construction. ENGINEER will not
be responsible for any errors in or omissions in the
information provided by Contractor that is incorporated in
the record drawings or other record documents.
2.6.5. In company with OWNER, visit the Project to
observe any apparent defects in the completed work, assist
OWNER in consultations and discussions with Contractor
concerning correction of such defects, and make
recommendations as to replacement or correction of
defective work.
2.6.6. Provide miscellaneous services as requested by
OWNER in connection with Project closeout.
2.6.7. The Operational Phase may commence during the
Construction Phase and will terminate one year after the
date of Substantial Completion.
The duties and responsibilities of ENGINEER during the
Operational Phase as set forth in this paragraph 2.6 are
amended and supplemented as indicated in Exhibit A.
SECTION 3-ADDITIONAL SERVICES OF ENGINEER
3.1. Additional Services Requiring Authorization in
Advance.
If authorized in writing by OWNER, ENGINEER shall
furnish or obtain from others Additional Services of the
types listed in paragraphs 3.1.1 through 3.1.19, inclusive, as
amended and supplemented as indicated in Exhibit A.
These services are not included as part of Basic Services
except to the extent otherwise provided in Exhibit A. These
Page 7 of 16 Pages LAN303
services will be paid for by OWNER as indicated in Section
6.
3.1.1. Preparation of applications and supporting
documents (in addition to those furnished under Basic
Services) for private or governmental grants, loans or
advances in connection with the Project; preparation or
review of environmental assessments and impact
statements; review and evaluation of the effect on the
design requirements of the Project of any such statements
and documents prepared by others; and assistance in
obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Project.
3.1.2. Services to make measured drawings of or to
investigate existing conditions or facilities, or to verify the
accuracy of drawings or other information furnished by
OWNER.
3.1.3. Services resulting from evaluation by ENGINEER
during the Study and Report Phase at OWNER's request of
alternative solutions in addition to those specified in Exhibit
A.
3.1.4. Services resulting from significant changes in the
scope, extent or character of the portions of the Project
designed or specified by ENGINEER or its design
requirements including, but not limited to, changes in size,
complexity, OWNER's schedule, character of construction
or method of financing; and revising previously accepted
studies, reports, Drawings, Specifications or Contract
Documents when such revisions are required by changes in
laws, rules, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports,
Drawings, Specifications, or Contract Documents, or are
due to any other causes beyond ENGINEER's control.
3.1.5. Services resulting from facts revealed about
conditions:
3.1.5.1. which are different from information about such
conditions that OWNER previously provided to
ENGINEER under paragraph 4.4 and upon which
ENGINEER was entitled to rely; or
3.1.5.2. as to which OWNER had responsibility to
provide information under paragraph 4.4 if such
information was not previously provided.
3.1.6. Providing renderings or models for OWNER's use.
3.1.7. Preparing documents for alternate bids requested by
OWNER for Contractor's work which is not executed or
documents for out -of -sequence work.
3.1.8. Undertaking investigations and studies including, but
not limited to, detailed consideration of operations,
maintenance and overhead expenses; the preparation of
feasibility studies, cash flow and economic evaluations, rate
schedules and appraisals; assistance in obtaining financing
for the Project; evaluating processes available for licensing
and assisting OWNER in obtaining process licensing;
detailed quantity surveys of materials, equipment and labor;
and audits or inventories required in connection with
construction performed by OWNER.
3.1.9. Furnishing services ofENGINEER's Consultants for
other than Basic Services; and furnishing data or services of
the types described in paragraph 4.4 when OWNER
employs ENGINEER to provide such data or services in
lieu of furnishing the same under paragraph 4.4.
3.1.10. Services attributable to a variation in the number of
prime contracts from the number specified in Exhibit A for
work designed or specified by ENGINEER.
3.1.11. Services during out-of-town travel required of
ENGINEER other than visits to the site or OWNEWs office
as required by Section 2.
3.1.12. Preparing for, coordinating with, participating in
and responding to structured independent review processes,
including, but not limited to, Construction Management,
Cost Estimating, Project Peer Review, Value Engineering
and Constructibility Review requested by OWNER; and
performing or furnishing services required to revise studies,
reports, Drawings, Specifications or Contract Documents as
a result of such review processes.
3.1.13. Determining the acceptability of substitute
materials and equipment proposed during the Bidding or
Negotiating Phase when substitution prior to the award of
contracts is allowed by the Bidding Documents.
3.1.14. Assistance in connection with bid protests,
rebidding or renegotiating contracts for construction,
materials, equipment or services, except when such
assistance is required to complete services called for in
paragraph E7.2.5, if Exhibit E is a part of this Agreement.
3.1.15. Providing field surveys for design purposes,
engineering surveys and staking to enable Contractor to
proceed with its work, and any type of property surveys or
related engineering services needed for the transfer of
interests in real property; and providing other special field
surveys.
3.1.17. Preparing to serve or serving as a consultant or
witness for OWNER in any litigation, arbitration or other
legal or administrative proceeding involving the Project
Page 8 of 16 Pages LAN303
(except for assistance in consultations which is included as
part of Basic Services under paragraphs 2.1.3 and 2.3.2).
3.1.18. Providing more extensive services required to
enable ENGINEER to issue notices or certifications
requested by OWNER under paragraph 4.12.
3.1.19. Other additional services performed or furnished by
ENGINEER in connection with the Project, including
services which are to be furnished by OWNER under
Section 4, and services not otherwise provided for in this
Agreement.
3.2 Required Additional Services.
When required by the Contract Documents in connection
with the performance or furnishing of ENGINEER's
services during the Construction Phase, ENGINEER shall
perform or furnish Additional Services of the types listed in
paragraphs 3.2.1 through 3.2.6, inclusive. These services
are not included as part of Basic Services except to the
extent provided in Exhibit A. Required Additional Services
will be paid for by OWNER as indicated in Section 6.
ENGINEER shall advise OWNER in writing promptly after
starting any such Additional Services.
3.2.1. Services in connection with Work Change Directives
and Change Orders to reflect changes requested by
OWNER if, because of the method of compensation agreed
upon by OWNER and ENGINEER, the resulting change in
compensation for Basic Services is not commensurate with
the extent of the additional services rendered.
3.2.2 Services in making revisions to Drawings and
Specifications occasioned by the acceptance of substitute
materials or equipment other than "or -equal" items; and
services after the award of the construction contract in
evaluating and determining the acceptability of a
substitution which is inappropriate for the Project or an
excessive number of substitutions.
3.2.5. Services (other than Basic Services during the
Operational Phase) in connection with any partial utilization
of any part of the Project by OWNER prior to its
Substantial Completion.
3.2.6. Evaluating an unreasonable claim or an excessive
number of claims, as deemed by the OWNER, submitted by
Contractor or others in connection with the work.
SECTION 4—OWNER'S RESPONSIBILITIES
Except as otherwise provided in Exhibit A, OWNER shall
do the following in a timely manner so as not to delay the
services of ENGINEER and shall bear all costs incident
thereto:
4.1. Designate in writing a person to act as OWNER's
representative with respect to the services to be performed
or furnished by ENGINEER under this Agreement. Such
person will have complete authority to transmit instructions,
receive information, interpret and define OWNER's
policies and decisions with respect to ENGINEER's
services for the Project.
4.2. Provide all criteria and full information as to
OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and performance
requirements, flexibility and expendability, and any
budgetary limitations; and furnish copies of all design and
construction standards which OWNER will require to be
included in the Drawings and Specifications.
4.3. Assist ENGINEER by placing at ENGINEER's
disposal all available information pertinent to the Project
including previous reports and any other data relative to
design or construction of the Project, unless prohibited by
law.
4.4. Furnish to ENGINEER, as requested by ENGINEER
for performance of Basic Services or as required by the
Contract Documents, the following:
4.4.1. data prepared by or services of others, unless
prohibited by law, including without limitation
explorations and tests of subsurface conditions at or
contiguous to the site, drawings of physical conditions in
or relating to existing surface or subsurface structures at
or contiguous to the site, or hydrographic surveys;
4.4.2. the services of an independent testing laboratory
to perform all inspections, tests and approvals of
samples, materials and equipment prior to and after
installation, or to evaluate the performance of materials,
equipment and facilities of OWNER, prior to
specification, and during construction;
4.4.3. appropriate professional interpretations of all of
the foregoing;
4.4.4. environmental assessments, audits, investigations
and impact statements, and other relevant environmental
or cultural studies as to the Project, the site and adjacent
areas;
4.4.5. property, boundary, easement, right-of-way,
topographic and utility surveys or data, including
relevant reference points;
Page 9 of 16 Pages LAN303 ,�/
4.4.6. property descriptions;
4.4.7. zoning, deed and other land use restrictions; and
4.4.8. other special data or consultations not covered in
Section 2.
OWNER shall be responsible for, and ENGINEER may
rely upon, the accuracy and completeness of all reports,
data and other information furnished pursuant to this
paragraph. ENGINEER may use such reports, data and
information in performing or furnishing services under this
Agreement.
4.5. Provide, as required by the Contract Documents, field
surveys for design purposes, engineering surveys and
staking to enable Contractor to proceed with the layout of
the work, and other special field surveys.
4.6. Arrange for access to and make all provisions for
ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this
Agreement.
4.7. Examine all alternate solutions, studies, reports,
sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER (including obtaining
advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate with respect to
such examination) and render in writing decisions
pertaining thereto.
4.8. Provide approvals and permits from all governmental
authorities having jurisdiction to approve the portions ofthe
Project designed or specified by ENGINEER and such
approvals and consents from others as may be necessary for
completion of such portions of the Project.
4.9. Provide, as may be required for the Project such
auditing services as OWNER may require to ascertain how
or for what purpose Contractor has used the moneys paid on
account of the Contract Price.
4.10. Provide such inspection or monitoring services by an
individual or entity other than ENGINEER as OWNER may
desire to verify:
4.10.1. that Contractor is complying with any law, rule,
regulation, ordinance, code or order applicable to its
performing and furnishing the work; or
4.10.2. that Contractor is taking all necessary
precautions for safety of persons or property and
complying with any special provisions of the Contract
Documents applicable to safety.
ENGINEER does not undertake in this Agreement to
perform the services referred to in 4.10.1 and 4.10.2 above.
The identity of any individual or entity employed to
perform such services and the scope of such services will be
disclosed to ENGINEER.
4.11. Advise ENGINEER of the identity and scope of
services of any independent consultants employed by
OWNER to perform or furnish services in regard to the
Project, including, but not limited to, Construction
Management, Cost Estimating, Project Peer Review, Value
Engineering and Constructibility Review. If OWNER
designates a person or entity other than, or in addition to,
ENGINEER to represent OWNER at the site, OWNER
shall define and set forth in an exhibit that is to be mutually
agreed upon and attached to and made a part of this
Agreement before such services begin, the duties,
responsibilities and limitations of authority of such other
party and the relation thereof to the duties, responsibilities
and authority of ENGINEER.
4.12. Prior to the commencement of the Construction
Phase, notify ENGINEER of any variations in the language
of the Notice of Acceptability of Work, or of any notice or
certification other than such Notice that ENGINEER will be
requested to provide to OWNER or third parties in
connection with the financing or completion of the Project.
OWNER and ENGINEER shall reach agreement on the
terms of any such requested notice or certification and
OWNER shall authorize such Additional Services as are
necessary to enable ENGINEER to provide the notice or
certification requested under this paragraph.
4.13. If more than one prime contract is to be awarded for
work designed or specified by ENGINEER, designate a
person or entity to have authority and responsibility for
coordinating the activities among the various prime
contractors, and define and set forth the duties,
responsibilities and limitations of authority of such person
or entity and the relation thereof to the duties,
responsibilities and authority of ENGINEER in an exhibit
that is to be mutually agreed upon and attached to and made
a part of this Agreement before such services begin.
4.14. Furnish to ENGINEER data or estimated figures as to
OWNER's anticipated costs for services to be provided by
others for OWNER (such as services pursuant to paragraphs
4.4, 4.5 and 4.7 through 4.14, inclusive) and other costs of
the types referred to in paragraph 2.1.5 so that ENGINEER
may make the necessary calculations to develop and
periodically adjust ENGINEER's opinion of Total Project
Costs.
4.15. Attend the pre -bid conference, bid opening, pre -
construction conferences, construction progress and other
Page 10 of 16 Pages LAN303 1p
job related meetings and Substantial Completion and final
payment inspections.
4.16. Give prompt written notice to ENGINEER whenever
OWNER observes or otherwise becomes aware of any
development that affects the scope or time of performance
or furnishing of ENGINEER's services, or any defect or
nonconformance in ENGINEER's services or in the work of
any Contractor.
4.17. Furnish, or direct ENGINEER to provide, Additional
Services as stipulated in paragraph 3.1 of this Agreement or
other services as required.
SECTION 5—TIMES FOR RENDERING SERVICES
5.1. ENGINEER's services and compensation under this
Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Project through
completion of the Construction Phase. Unless specific
periods of time or specific dates for providing services are
specified in this Agreement, ENGINEER's obligation to
render services hereunder will extend for a period which
may reasonably be required for the design, award of
construction contracts, construction and initial operation of
the Project including extra work and required extensions
thereto.
5.2. If in this Agreement specific periods of time for
rendering services are set forth or specific dates by which
services are to be completed are provided and if such
periods of time or dates are changed through no fault of
ENGINEER, the rates and amounts of compensation
provided for herein shall be subject to equitable adjustment
not to exceed 2% without written authorization by the
OWNER. If OWNER has requested changes in the scope,
extent or character of the Project, the time of performance
of ENGINEER's services shall be adjusted equitably.
5.3. If OWNER fails to give written authorization to
proceed with any phase of services within 60 days after
completion of the immediately preceding phase, or if the
Construction Phase has not commenced within the
stipulated period identified in this Agreement (plus such
additional time as may be required to complete the services
called for under paragraph E7.2.5 of Exhibit E is a part of
this Agreement) after completion of the Final Design Phase
or does not proceed in an orderly and continuous
progression, ENGINEER may, after giving seven days'
written notice to OWNER, suspend services under this
Agreement.
5.4. If ENGINEER's services for design or during
construction of the Project are delayed or suspended in
whole or in part by OWNER:
5.4.1. for more than three months through no fault of
ENGINEER, ENGINEER shall be entitled to equitable
adjustment of rates and amounts of compensation
provided for elsewhere in this Agreement to reflect,
among other things, reasonable costs incurred by
ENGINEER in connection with such delay or suspension
and reactivation and the fact that the time for
performance under this Agreement has been revised; or
5.4.2. for more than one year through no fault of
ENGINEER, or if ENGINEER for any reason is
required to render Construction Phase services more
than one year after Substantial Completion is achieved,
the rates and amounts of compensation provided for
elsewhere in this Agreement will be subject to equitable
adjustment to reflect, among other things, changes in the
various elements that comprise such rates of
compensation.
5.5. In the event that the work designed or specified by
ENGINEER is to be performed or furnished under more
than one prime contract, or if ENGINEER's services are to
be separately sequenced with the work of one or more
prime contractors (such as in the case of fast -tracking),
OWNER and ENGINEER shall, prior to commencement of
the Final Design Phase, develop a schedule for performance
of ENGINEER's services during the Final Design, Bidding
or Negotiating and Construction Phases in order to
sequence and coordinate properly such services as are
applicable to the work under such separate prime contracts.
This schedule is to be prepared and included in Exhibit A
whether or not the work under such contracts is to proceed
concurrently.
SECTION 6—PAYMENTS TO ENGINEER FOR
SERVICES AND REIMBURSABLE EXPENSES
6.1. Methods of Payment for Services and Expenses
of ENGINEER.
6.1.1. For Basic Services. OWNER shall pay ENGINEER
for Basic Services performed or furnished under Section 2
on the basis set forth in Exhibit B.
6.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or furnished
under Section 3 on the basis set forth in Exhibit B.
6.1.3. For Reimbursable Expenses. In addition to
payments provided for in paragraphs 6.1.1 and 6.1.2,
OWNER shall pay ENGINEER for Reimbursable Expenses
incurred by ENGINEER and ENGINEER's Consultants as
set forth in Exhibit B. The amount payable for
Reimbursable Expenses will include a factor to the extent so
indicated in Exhibit B.
Page 11 of 16 Pages LAN303
6.2. Other Provisions Concerning Payments.
6.2. L Preparation of Invoices. Invoices for Basic and
Additional Services and Reimbursable Expenses will be
prepared in accordance with ENGINEER's standard
invoicing practices and will be submitted to OWNER by
ENGINEER at least monthly. The amount billed for Basic
Services and Additional Services in each invoice will be
calculated on the basis set forth in Exhibit B. Invoices are
due and payable on receipt.
6.2.2. Unpaid Invoices. If OWNER fails to make any
payment due ENGINEER for services and expenses within
thirty days after receipt of ENGINEER's invoice therefor,
the amounts due ENGINEER will be increased at the rate of
1.5% per month (or the maximum rate of interest permitted
by law, if less) from said thirtieth day; and, in addition,
ENGINEER may, 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. Payments will be credited
first to interest and then to principal. In the event of a
disputed or contested billing, only that portion so contested
may be withheld from payment, and the undisputed portion
will be paid.
6.2.3. Payments Upon Termination.
6.2.3.1. Termination by OWNER for Cause. In the
event of termination by OWNER for cause under
paragraph 8.1.1:
6.2.3.1.1. Upon the completion of any phase of
Basic Services, progress payments due ENGINEER
in accordance with this Agreement for all such
services performed or furnished by ENGINEER and
ENGINEER's Consultants engaged directly on the
Project through the completion of such phase will
constitute total payment for such services.
ENGINEER also will be paid for all unpaid
Additional Services and unpaid Reimbursable
Expenses.
6.2.3.1.2. During any phase of the Basic Services,
ENGINEER also will be paid for such services
performed or furnished in accordance with this
Agreement by ENGINEER during that phase
through the date of termination on the basis
specified in Exhibit B. ENGINEER also will be paid
for the charges of ENGINEER's Consultants
employed to perform or furnish Basic Services to the
extent such services have been performed or
furnished in accordance with this Agreement
through the effective date of the termination.
ENGINEER also will be paid for all unpaid
Additional Services and unpaid Reimbursable
Expenses.
6.2.3.2. Termination by OWNER for Convenience. In
the event of termination by OWNER under paragraph
8.1.2:
6.2.3.2. L Upon the completion of any phase of
Basic Services, progress payments due ENGINEER
in accordance with this Agreement for all such
services performed or furnished by ENGINEER and
ENGINEER's Consultants engaged directly on the
Project through the completion of such phase will
constitute total payment for such services.
ENGINEER also will be paid for all unpaid
Additional Services and unpaid Reimbursable
Expenses, and for termination expenses under
subparagraph 6.2.3.2.3 below.
6.2.3.2.2. During any phase of Basic Services,
ENGINEER also will be paid for such services
performed or furnished by ENGINEER during that
phase through the date of termination on the basis
specified in Exhibit B. In addition, ENGINEER will
be paid for the charges of ENGINEER's Consultants
employed to perform or furnish Basic Services
through the effective date of the termination.
ENGINEER also will be paid for all unpaid
Additional Services and unpaid Reimbursable
Expenses, and for termination expenses under
subparagraph 6.2.3.2.3 below.
6.2.3.2.3. In the event of termination by OWNER
for convenience during or at completion of any
phase of Basic Services, OWNER shall pay
ENGINEER's reasonable expenses directly
attributable to termination in accordance with rates
applicable to the various categories of Additional
Services measured from the date of termination,
including other fair and reasonable sums for
overhead and profit, and costs of terminating
contracts with ENGINEER's Consultants.
6.2.3.3. Termination By ENGINEER for Cause. In the
event of termination by ENGINEER for cause under
paragraph 8.1.1, ENGINEER shall be entitled to receive
compensation calculated as set forth in paragraph
6.2.3.2.
6.2.4. Records of ENGINEER's Costs. Records of
ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement will be kept in
accordance with generally accepted accounting practices.
Copies will be made available to OWNER at cost on
request prior to final payment for ENGINEER's services.
Page 12 of 16 Pages
LAN303
SECTION 7—OPINIONS OF COST
7.1 Opinions of Probable Construction.
ENGINEER's opinions of probable Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and
qualified professional engineer generally familiar with the
construction industry. However, 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 cannot and does not
guarantee that proposals, bids or actual Construction Cost
will not vary from opinions of probable Construction Cost
prepared by ENGINEER. If OWNER wishes greater
assurance as to probable Construction Cost, OWNER shall
employ an independent cost estimator as provided in
paragraph 4.9.1.
7.3. Opinions of Total Project Costs.
ENGINEER assumes no responsibility for the accuracy of
opinions of Total Project Costs provided for in Section 2.
SECTION 8—GENERAL CONSIDERATIONS
8.1. Termination.
The obligation to provide further services under this
Agreement may be terminated:
8.1.1. For cause,
8.1.1.1. by either party upon thirty 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. Notwithstanding the
foregoing, this Agreement will not terminate as a result
of such substantial failure if the party receiving such
notice begins, within seven days of receipt of such
notice, to correct its failure to perform and proceeds
diligently to cure such failure within no more than thirty
days of receipt thereof; provided, however, that if and to
the extent such substantial failure cannot be reasonably
cured within such thirty -day period, and if such party has
diligently attempted to cure the same and thereafter
continues diligently to cure the same, then the cure
period provided from herein shall extend up to, but in no
case more than, sixty days after the date of receipt of the
notice.
8.1.1.2. by ENGINEER:
8.1.1.2.1. upon seven days' written notice if
ENGINEER believes that ENGINEER is being
requested by OWNER to furnish or perform services
contrary to ENGINEER's responsibilities as a
licensed design professional; or
8.1.1.2.2. upon seven days' written notice if the
ENGINEER's services for design or during the
construction of the Project are delayed or suspended
for more than ninety days for reasons beyond
ENGINEER's control.
8.1.1.2.3. In the case of termination under this
paragraph 8.1.1.2, ENGINEER shall have no
liability to OWNER on account of such termination.
8.1.2. For convenience, by OWNER effective upon the
receipt of notice by ENGINEER.
8.2. Reuse of Documents.
All documents including Drawings and Specifications
provided or furnished by ENGINEER (or ENGINEER's
Consultants) pursuant to this Agreement are instruments of
service in respect of the Project, and ENGINEER and
ENGINEER's Consultants, as appropriate, shall retain an
ownership and property interest therein (including the right
of reuse by and at the discretion of ENGINEER and
ENGINEER's Consultants, as appropriate) 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 OWNER 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 such reuse without
written verification or adaptation by ENGINEER and
ENGINEER's Consultants, as appropriate, for the specific
purpose intended will be at OWNER's sole risk -and without
liability or legal exposure to ENGINEER, or to
ENGINEER's Consultants. Any such verification or
adaptation will entitle ENGINEER to further compensation
at rates to be agreed upon by OWNER and ENGINEER.
8.3. Insurance.
8.3.1. ENGINEER shall procure and maintain insurance for
protection from claims under workers' compensation acts,
claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all
employees or of any person other than such employees, and
from claims or damages because of injury to or destruction
of property including loss of use resulting therefrom.
ENGINEER shall list OWNER as an additional insured on
ENGINEER's general liability insurance policy.
Page 13 of 16 Pages LAN303 V
8.3.2. OWNER shall list ENGINEER and ENGINEER's
Consultants as additional insureds on any general liability
or property insurance policies carried by OWNER which
are applicable to the Project. OWNER shall require
Contractor to purchase and maintain general liability and
other insurance as specified in the Contract Documents and
to list ENGINEER and ENGINEER's Consultants as
additional insureds with respect to such liability, property
and other insurance purchased and maintained by
Contractor. All policies of property insurance shall contain
provisions to the effect that ENGINEER's and
ENGINEER's Consultants' interests are covered and that in
the event of payment of any loss or damage the insurers will
have no rights of recovery against any of the insured or
additional insureds thereunder.
8.3.3. At anytime OWNER may request that ENGINEER,
at OWNER's sole expense, provide additional insurance
coverage, different limits or revised deductibles in excess of
those specified. If so requested by OWNER, and if
commercially available, ENGINEER shall obtain and shall
require ENGINEER's Consultants to obtain such additional
insurance coverage, different limits or revised deductibles,
for such periods of time as requested by OWNER, at
OWNER's sole expense.
8.4. Laws/Regulations.
8.4.1. This Agreement is to be governed by the laws of
Texas with exclusive venue in Lubbock County, Texas.
8.4.2. OWNER and ENGINEER are each bound to a
policy of non-discrimination and equal employment
opportunity. OWNER and ENGINEER shall be committed
to complying with Executive Order 11246, as amended;
Title VII of the Civil Rights Act of 1964; the Civil Rights
Act of 1991; Section 503 of the Rehabilitation Act of 1973;
Section 402 of the Vietnam Era Veterans Readjustment
Assistance Act of 1974; the Americans with Disabilities Act
of 1990; the Age Discrimination in Employment Act of
1967; the Equal Pay Act of 1963 and any other applicable
local, state or federal statutes or regulations.
8.5. Successors and Assigns.
8.5.1. OWNER and ENGINEER each is hereby bound and
the partners, successors, executors, administrators and legal
representatives of OWNER and ENGINEER (and to the
extent permitted by paragraph 8.5.2 the assigns of OWNER
and ENGINEER) are hereby bound to the other party to this
Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns)
of such other party, in respect of all covenants, agreements
and obligations of this Agreement.
8.5.2. Neither OWNER nor ENGINEER may assign, sublet
or transfer any rights under or interest (including, but
without limitations, moneys that may become due or
moneys that are due) in 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 release or discharge the
assignor from any duty or responsibility under this
Agreement.
8.5.3. Nothing in this Agreement shall be construed to
create, impose or give rise to any duty owed by
ENGINEER to any Contractor, Subcontractor, Supplier,
other person or entity, or to any surety for or employee of
any of them, or give any rights in or benefits under this
Agreement to anyone other than OWNER and ENGINEER.
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. The OWNER agrees that the substance of the
provisions of this paragraph shall apply to the indemnity
provided under paragraph 8.7.2 of this Agreement, and shall
appear in the Contract Documents.
8.7. Allocation of Risks — Indemnification.
8.7.1. To the fullest extent permitted by law,
ENGINEER shall indemnify and hold harmless
OWNER, OWNER's officers, elected officials directors,
partners, employees and agents from and against any
and all claims, costs, losses and damages (including but
not limited to all fees and charges of engineers,
architects, attorneys and other professionals and all
court or arbitration or other dispute resolution costs)
caused in whole or in part by the negligent acts or
omissions of ENGINEER or ENGINEER's officers,
consultants, directors, partners, employees, agents and
ENGINEER's Consultants in the performance and
furnishing of ENGINEER's services under this
Agreement. The indemnification provision of the
preceding sentence is subject to and limited by the
provisions agreed to by OWNER and ENGINEER in
Exhibit H, "Allocation of Risks," if any.
8.7.4. All indemnities herein shall be based on
Comparative Negligence Principles.
8.8. Notices.
Any notice required under this Agreement will be in
writing, addressed to the appropriate party at the address
which appears on the signature page to this Agreement (as
Page 14 of 16 Pages LAN303
modified in writing from time to time by such party) and
given personally, by registered or certified mail, return
receipt requested, by facsimile, or by a nationally
recognized overnight courier service. All notices shall be
effective upon the date of receipt.
8.9. Survival.
All express representations, indemnifications or limitations
of liability made in or given in this Agreement will survive
the completion of all services of ENGINEER under this
Agreement or the termination of this Agreement for any
reason.
8.10. Severability.
Any provision or part of the Agreement held to be void or
unenforceable under any law or regulation shall be deemed
stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and ENGINEER, who
agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
SECTION 9—EXHIBITS AND SPECIAL PROVISIONS
9.1. This Agreement is subject to the provisions of the
following Exhibits which are attached to and made part of
the Agreement:
9.1.1. Exhibit D, "Notice of Acceptance," consisting of 2
pages.
9.1.4. Exhibit H, "Allocation of Risks," consisting of 2
pages.
Additionally, the following Exhibits for a specific Work
Authorization shall become part of this Agreement upon
issuance of the Work Authorization for specific services
(number of pages may vary according to the specific
authorization):
9.1.5. Exhibit A, "Further Description of Basic
Engineering Services and Related Matters."
9.1.6. Exhibit B, "Payments to Engineer for Services and
Reimbursable Expenses."
9.1.7. Exhibit C, "Duties, Responsibilities and Limitations
of Authority of Resident Project Representative."
9.1.8. Exhibit E, "Construction Cost Limit."
9.1.9. Exhibit I, "Special Provisions."
9.2. This Agreement (consisting of pages 1 to 17, inclusive
and the Exhibits identified above), plus the specific Work
Authorizations, constitute the entire agreement between
OWNER and ENGINEER and supersedes all prior written
or oral understandings. This Agreement may only be
amended, supplemented, modified or cancelled by a duly
executed written instrument.
[The rest of this page left blank intentionally.]
Page 15 of 16 Pages LAN303 it
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written.
OWNER:
Marc McDougal
Title: Mayor
Address for giving notices:
• •
/�!/� i i/!lam-:ter- ►
00'
®L..
Address for giving notices:
ATTEST:
Veb)egc-cLa6a—r�za,
City�Secr�ety�
ENGINEER:
By: Brian D. Rice, PE
Title: Regional Manager
Address for giving notices:
3420 Executive Center Drive, Austin, TX 78731
• A11C15
ol
WIXOM 52" ♦ r,
Address for giving notices:
Page 16 of 16 Pages LAN303
Resolution No. 2004-RO409
August 26, 2004
Item No. 28
This is EXHIBIT D, consisting of_ pages, referred to in the
Agreement between OWNER and ENGINEER for Professional
Services, dated August 26 2004.
Initial:
OWNER
ENGINEER
NOTICE OF ACCEPTABILITY OF WORK
PROJECT
OWNER
OWNER's Contract No.
CONTRACTOR
CONSTRUCTION CONTRACT DATE
ENGINEER
To
OWNER
And To
CONTRACTOR
The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work
furnished and performed by CONTRACTOR under the above Contract is acceptable expressly subject to the provisions ofthe
above Contract and the terms and conditions set forth on the reverse side hereof.
Dated:
20
ENGINEER
Page 1 of 1 Pages
(Exhibit D - Notice of Acceptability of Work) LAN303
Resolution No. 2004-RO409
August 26, 2004
Item No. 28
(Reverse side of Notice)
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice on the front side of this paper is expressly made subject to the following terms and conditions to which all persons
who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the Engineering profession practicing under
similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.
3. Said Notice is given as to the best of ENGINEER's knowledge, information and belief.
4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been employed by
OWNER to perform or famish during construction of the Project (including observation of the Work) under
ENGINEER's Agreement with OWNER and under the Contract referenced on the reverse hereof, and applies only to
facts that are within ENGINEER's knowledge or could reasonably have been ascertained by ENGINEER as a result of
carrying out the responsibilities specifically assigned to ENGINEER under ENGINEER's Agreement with OWNER and
the Contract referenced on the reverse hereof.
5. Said Notice is not a guarantee or warranty of CONTRACTOR's performance under the above -referenced Contract
referenced on the reverse hereof nor an assumption of responsibility for any failure of CONTRACTOR to furnish and
perform the Work thereunder in accordance with the Contract Documents.
Page 1 of 1 Pages
(Exhibit D - Notice of Acceptability of Work) LAN303
Resolution No. 2004-RO409
August 26, 2004
Item No. 28
This is EXHIBIT H, consisting of _ pages, referred to in the
Agreement between OWNER and ENGINEER for Professional
Services, dated August 26 , 20 04 .
Initial:
OWNER
ENGINEER Z6�—_
Allocation of Risks
Section 8 of the Agreement is amended and supplemented to include the following agreement of the parties:
H8.7.4 Limitation of ENGINEER'S Liability
H8.7.4.1. ENGINEER's Liability Limited to Amount of ENGINEER Is Compensation nor to exceed
$228,600.00
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the
total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees,
agents and ENGINEER's Consultants, and any of them, to OWNER and anyone claiming by, through or under
OWNER, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any
way related to the Project or the Agreement from any cause or causes including but not limited to the
negligence, professional errors or omissions, strict liability or breach of contract or warranty express or implied
of ENGINEER or ENGINEER's officers, directors, partners, employees, agents or ENGINEER's Consultants
or any of them, shall not exceed the total compensation received by ENGINEER under this Agreement or to
$228,600.00, whichever is less.
H8.7.4.2. Exclusion of Incidental, Indirect and Consequential Damages
To the fullest extent permitted by law, and not withstanding any other provision in the Agreement,
ENGINEER and ENGINEER's officers, directors, partners, employees, agents and ENGINEER's Consultants
shall not be liable to OWNER or anyone claiming by, through or under OWNER for any incidental, indirect or
consequential damages whatsoever, arising out of, resulting from or in any way related to the Project or the
Agreement from any cause or causes, including but not limited to any such damages caused by the negligence,
professional errors or omissions, strict liability, breach of contract or warranty express or implied of
ENGINEER or ENGINEER's officers, directors, partners, employees, agents or ENGINEER's Consultants, or
any of them.
H8.7.4.3. Limitation of ENGINEER's Liability on Comparative Negligence Basis
Subject to and limited by the provisions agreed to by OWNER and ENGINEER in paragraph(s) 118.7.4.1
and H8.7.4.2 of Exhibit H, "Allocation of Risks", and to the fullest extent permitted by law, ENGINEER's total
liability to OWNER and anyone claiming by, through or under OWNER for any claim, cost, loss or damages
caused in part by the negligence of ENGINEER and in part by the negligence of OWNER or any other
negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence bears to the
total negligence of OWNER, ENGINEER and all other negligent entities and individuals determined on the
basis of comparative negligence principles.
Page I of 2 Pages
(Exhibit H - Allocation of Risks) LAN303
Resolution No. 2004-RO409
August 26, 2004
Item No. 28
document has important legal consequences; consultation with an attorney is encouraged with respect to its use,
)letion or modification. This document should be adapted to the particular circumstances of the contemplated
ct and the applicable laws of the jurisdiction in which the professional services for the Project are to be
WORK AUTHORIZATION BASED UPON
MASTER AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS A WORK AUTHORIZATION made as of August 26 , 20 04 ,
between City of Lubbock ("OWNER")
and Lockwood, Andrews & Newnam, Inc. ("ENGINEER") and is governed by all provisions of the OWNER -ENGINEER
MASTER AGREEMENT dated August 26, 2004
OWNER intends to construct the following:
1) Frankford Pump Station and Reservoir (14 mgd pumps and 5 MG GST);
2) Southwest Pump Station (5 mgd pumps); and
3) Transmission and Distribution Mains to include
a) 30-inch distribution main on Frankford Avenue from new pump station to 66d' Street (5,300 .
LF);
b) 24-inch distribution main on Frankford Avenue from 661h Street to existing 24-inch main at
75's Street (3,000 LF); and
c) 20-inch distribution main from existing 24-inch main at intersection of 73`d Street and Iola to
existing 16-inch main near intersection of 82"d Street and Milwaukee (6,000 LF).
(the "Project")
OWNER AND ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or
furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those services
by OWNER asset forth below and in the Master Agreement between the parties dated Aug. 26, 2004. Execution ofthe
Work Authorization by ENGINEER and OWNER constitutes OWNER's written authorization to ENGINEER to proceed on
the date first above written with the first phase of the Basic Services described in Section 2 of the Master Agreement and as
further set forth in Exhibit A, "Further Description of Basic Engineering Services and Related Matters" ("Exhibit A") of this
Work Authorization and in the other exhibits listed in Section 9 of the Master Agreement and as designated below. This
Work Authorization will become effective on the date first above written.
Page 1 of 3 pages LAN 193 �
SECTIONS 1-8—AS IDENTIFIED IN MASTER
AGREEMENT
SECTION 9—EXHIBITS AND SPECIAL PROVISIONS
Sections 9.1.1 - 9.1.4 as identified in Master Agreement.
9.1.5 Exhibit A, "Further Description ofBasic Engineering
Services and Related Matters," consisting of 4 pages.
9.1.6 Exhibit B, "Payments to Engineer for Services and
Reimbursable Expenses," consisting of 2 pages.
9.1.7 Exhibit C, "Duties, Responsibilities and Limitations
ofAuthority of Resident Project Representative," consisting
of pages. — Not Used
9.1.8 Exhibit E, "Construction Cost Limit," consisting of
pages. — Not Used
9.1.9 Exhibit I, "Special Provisions," consisting of
pages. — Not Used
9.2 As identified in Master Agreement.
9.3. This Work Authorization (consisting of pages 1 to 2,
inclusive and the Exhibits identified above), becomes part
of the Master Agreement between OWNER and
ENGINEER.
Page 2 of 3 pages LAN 193
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as ofthe date first above written.
Address for giving notices:
Address for giving notices:
ATTEST:
Re ecca Garza, City Secre ary
ENGINEER:
By: Brian D. Rice, PE
Title: Regional Manager
Address for giving notices:
3420 Executive Center Drive, Austin, TX 78731
Address for giving notices:
Page 3 of 3 pages LAN 193
Resolution No. 2004-RO409
August 26, 2004
Item No. 28
This is EXHIBIT A, consisting of 4 pages, referred to in the
Agreement between OWNER and ENGINEER for Professional
Services, dated August 26 , 20 04,
Initial:
OWNER
ENGINEER
Further Description of Basic Engineering Services and Related Matters
Sections 2, 3, 4 and 5 of the Agreement are amended and supplemented and the time periods for the
performance of the Basic Services as indicated in Section 5 of the Agreement are established, all as indicated below:
SECTION 2—BASIC SERVICES OF ENGINEER
A2.0 General.
The Basic Services are premised on the following general scope of professional services:
Task l: Site Selection.
Select site locations for a combined pumping facility combining the proposed Frankford Pump Station to
meet increasing demands of southwest Lubbock and the proposed Southwest Pump Station to the new
Southwest Pressure Zone. Specific tasks include the following:
■ Identify potential sites for combined facility. LAN has estimated the fee to evaluate four sites
including site visits to those sites;
■ Update the H2O Net Model to include growth that has occurred since the model's completion.
LAN proposes to include new transmission mains that are relevant to the site selection process;
■ Examine alternative locations using updated H2ONet Model;
■ Identify relative costs of each alternative including land cost, distribution main costs, availability
of electricity, accessibility, and neighborhood concerns.
■ Discuss recommended alternative with City for concurrence.
Task 2: Route Studies.
Study the proposed new transmission mains that will tie into the updated distribution network. Specific
tasks include the following:
■ Reevaluate necessity and size of each main using existing H2ONet Model;
■ Perform Route Analysis examining existing utilities maps, record drawings, drainage patterns,
traffic issues, and neighborhood concerns;
■ Model feasibility of each proposed route with new pump station location using updated H2ONet
Model.
■ Discuss recommended route with City for concurrence.
Task 3: Preliminary Engineering Design.
Prepare Preliminary Engineering Report. Specific tasks include the following:
■ Present proposed pump station site layout showing the pump station, ground storage reservoir,
electrical building, emergency generator, access driveways, parking spaces, and drainage
facilities;
■ Identify scope of survey required for proposed pump station location;
■ Examine use of variable frequency drives (VFD) for pumps;
■ Proposed pump selections to serve west pressure zone;
■ Proposed pump selections to serve the new southwest pressure zone;
■ Proposed pump station building layout;
Page 1 of 3 Pages
(Exhibit A - Basic Services and Related Matters) LAN193
■ Electrical one -line diagram;
■ Maps of recommended transmission main alignments;
■ Perform site visits to determine scope of environmental investigation for Phase 11; and
• Prepare Preliminary Engineering Report. We are assuming that we will submit the PER in draft
format for the City's review and then submit a final PER. Five copies of the PER will be
submitted at each stage.
A2.1. Study and Report Phase.
A2.1.9. ENGINEER shall evaluate the following alternate solutions and, after consultation with OWNER, determine
which solutions to recommend in the Report:
Four solutions for pump station site and distribution main routes. These solutions have not been predetermined.
A2.1.10.1. 5 copies of the Report will be submitted.
A2.1.10.2. The Report will be submitted within 165 calendar days following the date of the Agreement.
A2.6. Operational Phase.
2.6.7. During the Operational Phase ENGINEER shall:
(insert amendments or supplements to paragraph 2.6.)
NIA
SECTION 3—ADDITIONAL SERVICES OF ENGINEER
A3.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and
will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as
indicated:
None
A3.0.2. The following services listed in Section 4, OWNER's Responsibilities, are hereby specifically deleted from that
Section and will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1
or 3.2 as indicated:
None
A3.0.3 Section 3, Additional Services of ENGINEER, is hereby amended or supplemented to provide that the
following services will be performed or furnished by ENGINEER as part of Additional Services under
paragraph 3.1 or 3.2 as indicated:
(insert amendments or supplements to paragraph 3.1 or 3.2 as applicable)
None
Page 2 of 3 Pages
(Exhibit A - Basic Services and Related Matters) LAN 193
SECTION 4—OWNER'S RESPONSIBILITIES
A4.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and
will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4:
None
A4.0.2. The following services listed in Section 3, Additional Services, are hereby specifically deleted from that
Section and will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4:
None
A4.0.3 Section 4, OWNER's Responsibilities, is hereby amended or supplemented to provide that the following
services or responsibilities will be performed or furnished by OWNER as part of OWNER's Responsibilities
under Section 4:
None
A4.11 OWNER intends to employ each of the independent consultants listed below to perform or furnish services in
regard to the Project for the respective scope of services listed below for each. Payments to ENGINEER for
Services in Section 6 hereof are based on the participation in the Project ofOWNER's independent consultants
as described herein.
Page 3 of 3 Pages
(Exhibit A - Basic Services and Related Matters) LAN193
SAL
Resolution No. 2004-RO409
August 26, 2004
Item No. 28
This is EXHIBIT B, consisting of 2 pages, referred to in the
Agreement between OWNER and ENGINEER for Professional
Services, dated August 26 , 2004 .
Initial:
OWNER
ENGINEER
Payments to ENGINEER for Services and Reimbursable Expenses
Section 6 of the Master Agreement is amended and supplemented to include the following agreement of the parties:
Standard Hourly Rate Method of Payment
(with additional payments for Reimbursable Expenses)
SECTION 136—PAYMENTS TO ENGINEER
B6.1. Methods of Payment for Services and Expenses of
ENGINEER
B6.1.1. For Basic Services. OWNER shall pay
ENGINEER for Basic Services as follows:
B6.1.1.1. General. Compensation for Basic Services
will be determined on a Standard Hourly Rate for all
services of ENGINEER.
..
e
B6.1.1.4. ENGINEER's Consultants. For services of
ENGINEER's Consultants engaged to perform or furnish
Basic Services, the amount billed to ENGINEER
therefor times a factor of 1.10.
B6.1.1.5. Estimated Compensation for Basic Services.
ENGINEER's estimate of the amount that will become
payable for Basic Services pursuant to paragraphs
B6.1.1.1 through B6.1.1.4 inclusive is not to exceed
$228,600. This amount is only an estimate for planning
purposes, is not binding on the parties and is not the
maximum amount payable to ENGINEER for Basic
Services under this Agreement. Notwithstanding the fact
that the estimated amount for Basic Services is
exceeded, ENGINEER shall receive compensation for
all Basic Services furnished or performed under this
Agreement, calculated as set forth in paragraphs
B6.1.1.1 through B6.1.1.4 inclusive.
B6.1.1.6. Notice of Relationship of Payments to
Estimated Compensation for Basic Services. If it
becomes apparent to ENGINEER at any time before
Basic Services to be performed or furnished under this
Agreement have been eighty percent completed that the
total amount of compensation to be paid to ENGINEER
on account of Basic Services pursuant to paragraphs
B6.1.1.1 through B6.1.1.4 inclusive will exceed
ENGINEER's estimated amount for such services set
forth above which is applicable to the services
performed or furnished, ENGINEER shall give OWNER
written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the matter of compensation for
such Basic Services, and either OWNER shall accede to
such compensation exceeding said estimated amounts or
OWNER and ENGINEER shall agree to a reduction in
the remaining services to be rendered by ENGINEER
under this Agreement so that total compensation for such
Basic Services will not exceed said estimated amount
when such services are completed. The ENGINEER
shall be paid for all services rendered if ENGINEER
exceeds the estimated amount before OWNER and
ENGINEER have agreed to an increase in the
compensation due to ENGINEER or a reduction in the
remaining services.
B6.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services as follows:
B6.1.2.1. General. For services of ENGINEER's
principals and employees engaged directly on the Project
performed or furnished pursuant to paragraph 3.1 or 3.2
Page 1 of 3 Pages
(Exhibit B - Direct Labor Cost Times a Factor Method) LAN193
(except services as a consultant or witness under
paragraph 3.1.17), an amount based on ENGINEER'S
Standard Hourly Rate.
B6.1.2.2. ENGINEER's Consultants. For services of
ENGINEER's Consultants performed or furnished
pursuant to paragraph 3.1 or 3.2, the amount billed to
ENGINEER therefor times a factor of 1.10.
B6.1.3. For Reimbursable Expenses. OWNER shall pay
ENGINEER for Reimbursable Expenses such as:
Reprographics
Deliveries
The amount payable for Reimbursable Expenses will be the
charge actually incurred by or the imputed cost allocated by
ENGINEER therefore times factor of
1.10
B6.1.4 Standard Hourly Rate. Standard Hourly Rate means
that for each class of employee rates shall include all labor,
overhead, and profit necessary to perform the requested
services, and shall be set forth in the Standard Hourly Rates
Schedule set out in the table below:
The employees of ENGINEER and the imputed current
hourly rate schedule of such employees are as follows:
Employee Classification
Hourly Rate
Principal
$150
Project Manager
$150
Assistant Project Manager
$125
Senior Civil Engineer
$115
Project Engineer
$100
Associate Civil Engineer EIT
$85
Senior CADD Designer
$85
CADD Designer/Technician
$70
Clerical
$50
B6.1.6. Adjustment of Salary Costs. The Standard Hourly
Rates will be adjusted annually and equitably, after one year
from the date of the contract, to reflect changes in the
various elements that comprise such Standard Hourly
Ratesnot to exceed a 2% increment. All such adjustments
will be in accordance with generally accepted accounting
practices as applied on a consistent basis by ENGINEER
and consistent with ENGINEER's overall compensation
practices and procedures.
B6.2. Other Provisions Concerning Payments.
B6.2.1. Preparation of Invoices. The amount billed for
ENGINEER's services will be based on the Standard
Hourly Rate incurred at the time of billing.
B6.2.3. Payments Upon Termination.
B6.2.3.4. In the event of termination during any phase
of the Basic Services, ENGINEER will be paid for
Page 2 of 3 Pages
(Exhibit B - Direct Labor Cost Times a Factor Method)
LAN 193
h�'
services performed or furnished in accordance with this
Agreement during that phase on the basis of
ENGINEER's Standard Hourly Rate for services
performed or furnished during that phase to date of
termination by ENGINEER's principals and employees
engaged directly on the Project.
Page 3 of 3 Pages
(Exhibit B - Direct Labor Cost Times a Factor Method) LAN193