HomeMy WebLinkAboutResolution - 2807 - Agreement - Fanning Fanning & Associates Inc - HVAC System, Civic Center - 04/14/1988HW:da
RESOLUTION
Resolution #2807
April 14, 1988
Item 28
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 an agreement
with Fanning, Fanning and Associates, Inc. for engineering services in
connection with the heating and air conditioning system at the Civic Center,
attached herewith, 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 14th day of April , 1988.
B.C. MCMINN, MAY
ary
APPROVED AS TO CONTENT:
i ..
Rita='P. Ha mon, Assistant City
Man -ager
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
Resolution #2807
This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion
or modification.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of March 11 '19-38—
between
City of Lubbock, Texas (OWNER) and
Fanning, Fanning and Associates, Inc (ENGINEER).
OWNER intends to cn1 icit bids for performing Total Maintenance and/or Preventative
Maintenance for the existing heating and air conditioning system in the present Civ'
Center. Lubbock_ Texas and in the existing Central Hating and Cooling Plant serving_
the present Civic Center. The Engineer shall prepare the contract documents, the
technical requirements to be included will be based upon the type of equipment installed,
its probable life expentancy and the manufacturer's recommended maintenance nrnredurps
a _
(hereinafter called the Project).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance
of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth
below.
SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Phase.
After written authorization to proceed, ENGINEER
I.I. General. shall:
I . 1. I. ENGINEER shall provide for OWNER profes- 1.2.1. Consult with OWNER to clarify and define
sional engineering services in all phases of the Project OWNER's requirements for the Project and review
to which this Agreement applies as hereinafter pro-
vided. These services will include serving as OWNER's available data.
professional engineering representative for the Project,
providing professional engineering consultation and 1.2.2. Advise OWNER as to the necessity of OWN -
advice and furnishing customary AXr}l�UMMIfi(, n ER's providing or obtaining from others data or ser -
mechanical and electrical engineering services vices of the types described in paragraph 3.3, and assist
X&MMAlEMYMMaiUa4D M6 incidental thereto. VOWNER in obtaining such data and services.
Page 1 of 13 pages
1.2.3. Identify and analyze requirements of govern-
mental authorities 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 sites and solutions.
1.2.5. Provide a general economic analysis of OWN -
ER's requirements applicable.to various alternatives.
1.2.6. Prepare a Report containing schematic layouts,
sketches and conceptual design criteria with appropri-
ate 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
forth ENGINEER's findings and recommendations. 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-of-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 paragraphs 3.7 through 3.1 I, inclusive. 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 doc-
uments and review them in person with OWNER.
The duties and responsibilities of ENGINEER during
the Study and Report Phase are amended and supple-
mented as indicated in paragraph 2 of Exhibit A "Fur-
ther Descriptions of Basic Engineering Services and
Related Matters".
1.3. Preliminary Design Phase.
After written authorization to proceed with the Prelim-
inary Design Phase, ENGINEER shall:
1.3.1. In consultation with OWNER and on the basis
of the accepted Study and Report documents, deter-
mine the general scope, extent and character of the
Project.
1.3.2. Prepare Preliminary Design documents consist-
ing 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 paragraph 3.4 are necessary
and assist OWNER in obtaining such data and services.
1.3.4. Based on the information contained in the pre-
liminary 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 per-
son with OWNER.
The duties and responsibilities of ENGINEER during
the Preliminary Design Phase are amended and sup-
plemented 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 in 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 "Draw-
ings") 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 approvals of such gov-
ernmental authorities as have jurisdiction to approve
the design of the Project, and assist OWNER in con-
sultations 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. Fur-
nish to OWNER a revised opinion of probable Total
Project Costs based on the Drawings and Specifica-
tions.
1.4.4. Prepare for review and approval by OWNER,
its legal counsel and other advisors contract agreement
forms, general conditions and supplementary condi-
tions, 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
Page 2 of 13 pages
prepared by the Engineers 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 ENGINEER 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 con-
tractors) (herein called "Contractor(s)") for those por-
tions of the work as to which *such acceptability is
required by the Bidding Documents.
1.5.4. Consult with OWNER concerning and deter-
mine the acceptability of substitute materials and equip-
ment proposed 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 pro-
posals 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 in paragraph 5 of Exhibit A
"Further Description of Basic Engineering Services
and Related Matters".
1.6. Construction Phase.
During the Construction Phase:
1.6.1. General Administration of Construction Corn -
tract. ENGINEER shall consult with and advise
OWNER and act as OWNER's representative as pro-
vidcd in Articles 1 through 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 ENGI-
NEER 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 ENGINEER may otherwise agree in writing. All of
OWNER's instructions to Contractor(s) will be issued
through ENGINEER who will have authority to act on
behalf of OWNER to the extent provided in said Stan-
dard 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 Con-
tractor(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 con-
struction as ENGINEER deems necessary in order
to observe as an experienced and qualified design
professional the progress and quality of the various
aspects of Contractor(s)' work. In addition, ENGI-
NEER shall provide the services of a Resident Proj-
ect Representative (and assistants as agreed) at the
site to assist ENGINEER and to provide more con-
tinuous observation of such work. Based on infor-
mation obtained during such visits and on such obser-
vations, 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.
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 I 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 Repre-
sentative (and assistants, if any) at the site will be to
enable ENGINEER to better carry out the duties and
Page 3 of 13 pages
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 pro-
vide 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 pre-
served by Contractor(s). On the other hand, ENGI-
NEER 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, regula-
tions, ordinances, codes or orders applicable to Con-
tractor(s) furnishing and performing their work.
Accordingly, ENGINEER can neither guarantee the
performance of the construction contracts by Con-
tractors) nor assume responsibility for Contrac-
tor(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 disap-
prove 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 gen-
erally to the Contract Documents or that it will preju-
dice 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
ofthe Contract Documents and in connection therewith
prepare work directive changes and change orders as
required.
1.6.5. Sinop 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 Con-
tract 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 acceptability of substitute materials and
equipment proposed by Contractor(s), but subject to
the provision of paragraph 2.2.2.
1.6.7. Inspections and Tests. ENGINEER shall have
authority, as OWNER's representative, to require spe-
cial inspection or testing of the work, and shall receive
and review all certificates of inspections, testings and
approvals required by laws, rules, regulations, ordi-
nances, codes, orders or the Contract Documents (but
only to determine generally that their content complies
with the requirements of, and the results certified indi-
cate 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 the work thereunder and make deci-
sions on all claims of OWNER and Contractor(s) relat-
ing to the acceptability of the work or the interpretation
of the requirements of the Contract Documents per-
taining 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 ENGI-
NEER'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 shall 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 rep-
resentation to OWNER, based on such observations
and review, that the work has progressed to the point
indicated, and that, to the best of ENGINEER's
knowledge, information and belief, the quality of
such work is generally in accordance with the Con-
tract Documents (subject to an evaluation of such
work as a functioning whole prior to or upon Sub-
stantial Completion, to the results of any subsequent
tests called for in the Contract Documents and to any
other qualifications stated in the recommendation).
In the case of unit price work, ENGINEER's rec-
ommendations of payment will include final deter-
minations 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 ENGI-
NEER will not thereby be deemed to have repre-
sented that exhaustive, continuous or detailed reviews
or examinations have been made by ENGINEER to
check the quality or quantity of Contractor(s)' work
Page 4 of 13 pages
as it is furnished and performed beyond the respon-
sibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. ENGI-
NEER's review of Contractor(s)' work for the pur-
poses of recommending payments will not impose on
ENGINEER responsibility to supervise, direct or
control such work or for the means, methods, tech-
niques, sequences, or procedures of construction or
safely precautions or programs incident thereto or
Contractor(s) compliance with laws, rules, regula-
tions, ordinances, codes or orders applicable to their
furnishing and performing 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 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 OWNERfree and clearof any lien, claims, security
interests or encumbrances, or that there may not be
other matters at issue between OWNER and CON-
TRACTOR that might affect the amount that should
be paid.
1.6.10. Contractor(s)' Completion Docunte►:ts. ENGI-
NEER shall receive and review maintenance and oper-
ating instructions, schedules, guarantees, bonds 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 of, and in the case of certificates of inspec-
tion, 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 com-
pleted work is acceptable so that ENGINEER may
recommend, in writing, final payment to Contractor(s)
and may give written notice to OWNER and the Con-
tractors) that the work is acceptable (subject to any
conditions therein expressed), but any such recom-
mendation 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 Con-
tractor(s)' work; however, nothing contained in para-
graphs 1.6.1 thru 1.6.11 inclusive, shall be construed
to release ENGINEER from liability for failure to prop-
erly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
1.7. Operational Phase.
During the 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 refin-
ing 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 pro-
cedures 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 con-
struction process, based on the marked -up prints, draw-
ings and other data furnished by Contractor(s) to ENGI-
NEER and which ENGINEER considers significant.
1.7.6. In company with OWNER, visit the Project to
observe any apparent defects in the completed con-
struction, assist OWNER in consultations and discus-
sions with Contractor(s) concerning correction of such
deficiencies, and make recommendations as to replace-
ment or correction of defective work.
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. 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 2.1.1 through 2.1.14,
inclusive. These services are not included as part of
Basic Services except to the extent provided otherwise
in Exhibit A "Further Description of Basic Engineering
Services and Related Matters"; these will be paid for
by OWNER as indicated in Section 5.
Page 5 of 13 pages
2.1.1. Preparation of applications and supporting doc-
uments (in addition to those furnished under Basic Ser-
vices) 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 state-
ments and documents prepared by others; and assis-
tance in obtaining approvals of authorities having juris-
diction over the anticipated environmental impact of
the Project.
2.1.2. 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.
2.1.3. Services resulting from significant changes in the
general scope, extent or character of the Project or its
design including, but not limited to, changes in size,
complexity, OWNER's schedule, character of con-
struction or method of financing; and revising previ-
ously accepted studies, reports, design documents 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 or documents, or are due to any other
causes beyond ENGINEERS's control.
2.1.4. Providing renderings or models for OWNER's
use.
2.1.5. Preparing documents for alternate bids requested
by OWNER for Contractor(s)' work which is not exe-
cuted or documents for out -of -sequence work.
2.1.6. Investigations and studies involving, but not lim-
ited to, detailed consideration of operations, mainte-
nance and overhead expenses; providing value engi-
neering during the course of design; 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 material, equip-
ment and labor; and audits or inventories required in
connection with construction performed by OWNER.
2.1.7. Furnishing services of independent professional
associates and consultants for other than Basic Services
(which include, but are not limited to, customary civil,
structural, mechanical and electrical engineering and
customary architectural design incidental thereto); and
providing data or services of the types described in
paragraph 3.4 when OWNER employs ENGINEER to
provide such data or services in lieu of furnishing the
same in accordance with paragraph 3.4.
2.1.8. If ENGINEER's compensation is on the basis
of a lump sum or percentage of Construction Cost or
cost-plus a fixed fee method of payment, services
resulting from the award of more separate prime con-
tracts for construction, materials or equipment for the
Project than are contemplated by paragraph 5.1.1.2. If
ENGINEER's compensation is on the basis of a per-
centage of Construction Cost and ENGINEER has been
required to prepare Contract Documents on the
assumption that more than one prime contract will be
awarded for construction, materials and equipment, but
only one prime contract is awarded for construction,
materials and equipment for the Project, services attrib-
utable to the preparation of contract documentation
that was rendered unuseable and any revisions or addi-
tions to contract documentation used that was neces-
sitated by the award of only one prime contract.
2.1.9. Services during out-of-town travel required of
ENGINEER other than visits to the site or OWNER's
office as required by Section 1.
2.1.10. 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 6.2.2.5.
2.1.11. Providing any type of property surveys or related
engineering services needed for the transfer of interests
in real property and field surveys for design purposes
and engineering surveys and staking to enable Con-
tractors) to proceed with their work; and providing
other special field surveys.
2.1.12. Preparation ofoper`ating,maintenance and staff-
ing manuals to supplement Basic Services under para-
graph 1.7.3.
2.1.13. 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 (except for assistance in consultations which is
included as part of Basic Services under paragraphs
1.2.3 and 1.4.2).
2.1.14. Additional services in connection with the Proj-
ect, including services which are to be furnished by
OWNER in accordance with Article 3, and services
not otherwise provided for in this Agreement.
Page 6 of 13 pages
2.2. Required Additional Services.
When required by the Contract Documents in circum-
stances beyond ENGINEER's control, ENGINEER
shall furnish or obtain from others, as circumstances
require during construction and without waiting for
specific authorization from OWNER, Additional Ser-
vices of the types listed in paragraphs 2.2.1 through
2.2.6, inclusive (except to the extent otherwise pro-
vided in Exhibit A "Further Description of Basic Engi-
neering Services and Related Matters"). These services
are not included as part of Basic Services. ENGINEER
shall advise OWNER promptly after starting any such
Additional Services which will be paid for by OWNER
as indicated in.Section 5.
2.2.1. Services in connection with work directive
changes and change orders to reflect changes requested
by OWNER if the resulting change in compensation
for Basic Services is not commensurate with the addi-
tional services rendered.
2.2.2. Services in making revisions to Drawings and
Specifications occasioned by the acceptance of substi-
tutions proposed by Contractor(s); and services after
the award of each contract in evaluating and determin-
ing the acceptability of an unreasonable or excessive
number of substitutions proposed by Contractor.
2.2.3. Services resulting from significant delays, changes
or price increases occurring as a direct or indirect result
of material, equipment or energy shortages.
2.2.4. Additional or extended services during con-
struction made necessary by (1) work damaged by fire
or other cause during construction, (2) a significant
amount of defective or neglected work of any Contrac-
tor, (3) acceleration of the progress schedule involving
services beyond normal working hours, and (4) default
by any Contractor.
2.2.5. Services (other than Basic Services during the
Operational Phase) in connection with any partial uti-
lization of any part of the Project by OWNER prior to
Substantial Completion.
2.2.6. Evaluating an unreasonable or extensive num-
ber of claims submitted by Contractor(s) or others in
connection with the work.
SECTION 3—OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so
as not to delay the services.of ENGINEER:
3.1. Designate in writing a person to act as OWNER's
representative with respect to the services to be ren-
dered under this Agreement. Such person shall 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.
3.2. Provide all criteria and full information as to
OWNER's requirements for the Project, including design
objectives and constraints, space, capacity and perfor-
mance requirements, flexibility and expandability, and
any budgetary limitations; and furnish copies of all
design and construction standards which OWNER will
require to be included in the Drawings and Specifica-
tions.
3.3. Assist ENGINEER by placing at ENGINEER's
disposal all available information pertinent to the Proj-
ect including previous reports and any other data rel-
ative to design or construction of the Project.
3.4. Furnish to ENGINEER, as required for perfor-
mance of ENGINEER's Basic Services (except to the
extent provided otherwise in Exhibit A "Further
Description of Basic Engineering Services and Related
Matters"), the following:
3.4.1. data prepared by or services of others,
including without limitation borings, probings and
subsurface explorations, hydrographic surveys, lab-
oratory tests and inspections of samples, materials
and equipment; '
3.4.2. appropriate professional interpretations of
all of the foregoing;
3.4.3. environmental assessment and impact
statements;
3.4.4. property, boundary, easement, right-of-way,
topographic and utility surveys;
3.4.5. property descriptions;
3.4.6. zoning, deed and other land use restriction;
and
3.4.7. other special data or consultations not cov-
ered in Section 2;
all of which ENGINEER may use and rely upon in
performing services under this Agreement.
3.5. Provide engineering surveys to establish reference
points for construction (except to the extent provided
Page 7 of 13 pages
otherwise in Exhibit A "Further Description of Basic
Engineering Services and Related Matters") to enable
Contractor(s) to proceed with the layout of the work.
3.6. 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.
3.7. Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents pre-
sented by ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as OWNER
deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable
time so as not to delay the services of ENGINEER.
3.8. Furnish approvals and permits from all govern-
mental authorities having jurisdiction over the Project
and such approvals and consents from others as may
be necessary for completion of the Project.
3.9. Provide such accounting, independent cost esti-
mating and insurance counseling services as may be
required for the Project, such legal services as OWNER
may require or ENGINEER may reasonably request
with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s),.such
auditing service as OWNER may require to ascertain
how or for what purpose any Contractor has used the
moneys paid under the construction contract, and such
inspection services as OWNER may require to ascer-
tain that Contractor(s) are complying with any law,
rule, regulation, ordinance, code or order applicable to
their furnishing and performing the work.
3.10. If OWNER designates a person to represent
OWNER at the site who is not ENGINEER or ENGI-
NEER's agent or employee, the duties, responsibilities
and limitations of authority of such other person and
the affect thereof on the duties and responsibilities of
ENGINEER and the Resident Project Representative
(and any assistants) will be set forth in an exhibit that
is to be identified, attached to and made a part of this
Agreement before such services begin.
3.11. If more than one prime contract is to be awarded
for construction, materials, equipment and services for
the entire Project, designate a person or organization
to have authority and responsibility for coordinating
the activities among the various prime contractors.
3.12. 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 pur-
suant to paragraphs 3.7 through 3.11, inclusive and
other costs of the types referred to in paragraph 1.2.6)
so that ENGINEER may make the necessary findings
to support opinions of probable Total Project Costs.
3.13. Attend the pre-bid conference, bid opening, pre -
construction conferences, construction progress and
other job related meetings and substantial completion
inspections and final payment inspections.
3.14. Give prompt written notice to ENGINEER
whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or
timing of ENGINEER's services, or any defector non-
conformance in the work of any Contractor.
3.15. Furnish, or direct ENGINEER to provide, Addi-
tional Services as stipulated in paragraph 2.1 of this
Agreement or other services as required.
3.16. Bear all costs incident to compliance with the
requirements of this Section 3.
SECTION 4—PERIODS OF SERVICE
4.1. The provisions of this Section 4 and the various
rates of compensation for ENGINEER's services pro-
vided for elsewhere in this Agreement have been agreed
to in anticipation of the orderly and continuous progress
of the Project through completion of the Construction
Phase. ENGINEER's obligation to render services
hereunder will extend for a period which may reason-
ably be required for the design, award of contracts,
construction and initial operation of the Project includ-
ing extra work and required extensions thereto. If in
Exhibit A "Further Description of Basic Engineering
Services and Related Matters" 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 dates are exceeded through no fault of ENGI-
NEER, all rates, measures and amounts of compen-
sation provided herein shall be subject to equitable
adjustment.
4.2. The services called for in the Study and Report
Phase will be completed and the Report submitted within
the stipulated period indicated in paragraph 2 of Exhibit
A "Further Description of Basic Engineering Services
and Related Matters" after written authorization to
proceed with that phase of services which will be given
by OWNER within thirty days after ENGINEER has
signed this Agreement.
4.3. After acceptance by OWNER of the Study and
Report Phase documents indicating any specific mod -
Page 8 of 13 pages
ifications or changes in the general scope, extent or
character of the Project desired by OWNER, and upon
written authorization from OWNER, ENGINEER shall
proceed with the performance of the services called for
in the Preliminary Design Phase, and shall submit pre-
liminary design documents and a revised opinion of
probable Total Project Costs within the stipulated period
indicated in paragraph 3 of Exhibit A "Further Descrip-
tion of Basic Engineering Services and Related Mat-
ters".
4.4. After acceptance by OWNER of the Preliminary
Design Phase documents and revised opinion of prob-
able Total Project Costs, indicating any specific mod-
ifications or changes in the general scope, extent or
character of the Project desired by OWNER, and upon
written authorization from OWNER, ENGINEER shall
proceed with the performance of the services called for
in the Final Design Phase; and shall deliver Contract
Documents and a revised opinion of probable Total
Project Costs for all work of Contractor(s) on the Proj-
ect within the stipulated period indicated in paragraph
4 of Exhibit A "Further Description of Basic Engi-
neering Services and Related Matters".
4.5. ENGINEER's services under the Study and Report
Phase, Preliminary Design Phase and Final Design Phase
shall each be considered complete at the earlier of (1)
the date when the submissions for that phase have been
accepted by OWNER or (2) thirty days after. the date
when such submissions 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 design of the Project.
4.6. After acceptance by OWNER of the ENGI-
NEER's Drawings, Specifications and other Final Design
Phase documentation including the most recent opinion
of probable Total Project Costs and upon written autho-
rization to proceed, ENGINEER shall proceed with
performance of the services called for in the Bidding
or Negotiating Phase. This Phase shall terminate and
the services to be rendered thereunder shall be consid-
ered complete upon commencement of the Construc-
tion Phase.or upon cessation of negotiations with pro-
spective Contractor(s) (except as may otherwise be
required to complete the services called for in para-
graph 6.2.2.5).
4.7. The Construction Phase will commence with the
execution of the first prime contract to be executed for
the work of the Project or any part thereof, and will
terminate upon written recommendation by ENGI-
NEER of final payment on the last prime contract to
be completed. Construction Phase services may be ren-
dered a( different times in respect of separate prime
contracts if the Project involves more than one prime
contract.
4.8. The Operational Phase will commence during the
Construction Phase and will terminate one year after
the date of Substantial Completion of the last prime
contract for construction, materials and equipment on
which substantial completion is achieved.
4.9. If OWNER has requested significant modifications
or changes in the general scope, extent or character of
the Project, the time of performance of ENGINEER's
services shall be adjusted equitably.
4.10. If OWNER fails to give prompt written authori-
zation to proceed with any phase of services after com-
pletion of the immediately preceding phase, or if the
Construction Phase has not commenced within N/A
calendar days (plus such additional time as may be
required to complete the services called for under para-
graph 6.2.2.5) after completion of the Final Design Phase,
ENGINEER may, after giving seven days' written notice
to OWNER, suspend services under this Agreement.
4.11. If ENGINEER's services for design or during
construction of the Project are delayed or suspended
in whole or in part by OWNER for more than three
months for reasons beyond ENGINEER's control,
ENGINEER shall on written demand to OWNER (but
without termination of this Agreement) be paid as pro-
vided in paragraph 5.3.2. If such delay or suspension
extends for more than one year for reasons beyond
ENGINEER's control, or if ENGINEER for any rea-
son is required to render Construction Phase services
in respect of any prime contract for construction, mate-
rials or equipment more than one year after Substantial
Completion is achieved under that contract, the various
rates of compensation provided for elsewhere in this
Agreement shall be subject to equitable adjustment.
4.12. In the event that the work designed or specified
by ENGINEER is to be furnished or performed under
more than one prime contract, or if ENGINEER's ser-
vices 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 coordi-
nate properly such services as are applicable to the
work under such separate contracts. This schedule is
Page 9 of 13 pages
to be prepared whether or not the work under such
contracts is to proceed concurrently and is to be included
in Exhibit A "Further Description of Basic Engineering
Services and Related Matters", and the provisions of
paragraphs 4.4 through 4.10 inclusive, will be modified
accordingly.
[The remainder of this page was left blank Intentionally.]
Page 10 of 13 pages
SECTION 8—SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
8.1. This Agreement is subject to the following special provisions.
8.1.1.
8.2. The following Exhibits are attached to and made a part of this Agreement:
8.2.1. Exhibit A "Further Description of Basic Engineering Services and Related Matters" consisting of
pages.
8.2.2. X3itdhY>ii'(ikX>}fiff(,Xld'ri's'iYriGlf3(XYliiE3(�Idls(�XXIYIE�ttKXOI%X�EGZl�i�itX'i�i��t`'
c16P axtiii mu xX xxxx pm.
8.2.3.
8.3. This Agreement (consisting of pages l to 13 , inclusive) together with the Exhibits and schedules
identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior
written or oral understandings. This Agreement and said Exhibits and schedules may only be amended,
supplemented, modified or cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first
above written.
OWNER:
City of Lubbock
A
e . & C
B. C. McMl.NN, MAYOR
S�XIS XM11' TE.S,T;
Rane.tte Boyd, Ckty: Secre.tary-
ENGINEER:
Jack F. Roberts, P.E.
Vice President
Address for giving notices:
255574th Street
Lubbock, Texas 79423
APP QVED AS TO FORM: APPR ED T ONTENT:
Page 11 of 13 pages �--�
arold Willard, Assistant ity Attorney Rita P. Harmon, Assistant City Manager
EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL
SERVICES, DATED MARCH 15, 1988.
1. Agreement made on March 15, 1988 between the City of Lubbock,
Texas (OWNER) and (ENGINEER).
2. Delete 1.2.3 through 1.2.6 and Amend 1.2 as follows: The
Project does not include any design or construction planning
work. During the Study and Report Phase ENGINEER shall examine
the existing heating and air conditioning equipment in the
present Civic Center and its existing heating and cooling
plant. He shall also obtain and review the available data on
said equipment from the OWNER. He shall also attempt to obtain
data from manufacturer's to replace data that the OWNER does
not have. ENGINEER shall prepare a report of his findings and
deliver it to OWNER for review. It is estimated that the
Report will be submitted within approximately 21 calendar days
from the Engineer's receipt of a written notice to proceed.
3. Delete 1.3.2 and Amend 1.3 as follows: The Project does not
include any design or construction planning work. During the
Preliminary Phase, ENGINEER shall prepare for each major item
of heating and air conditioning equipment, the manufacturer's
recommended maintenance procedures and the frequency of their
performance in a format so that periodic maintenance and
service work can be performed in sequence for•both emergency
and planned preventative situations. Preliminary Requests for
Proposals (RFPs) will then be developed and delivered to the
Owner for review when the Preliminary Request for 'Proposals
(RFPs) are delivered to the Owner a date will be requested for
the City Design Development Conference. It is estimated that
this Phase will be completed and submitted within approximately
30 calendar days. This does not include review time for the
Owner or for the City Development Conference.
4. Amend 1.4 as follows: The Project does not include any design
or construction planning work. During the Final Phase,
ENGINEER shall complete the technical portions of the Request
for Proposal (RFP) Contract Documents so that competitive
bidding can be obtained from experienced service organizations
to perform Total Maintenance and/or Preventative Maintenance on
the Project. It is estimated that this Phase will be completed
and submitted within approximately 45 calendar days. The City
Staff review time is included in this time estimate.
5. Delete 1.5.4 and Amend 1.5 as follows: The Project does not
include any construction work. During the Bidding or
Negotiating Phase, ENGINEER shall assist the OWNER in obtaining
bids on the contract documents and shall also advise the OWNER
on questions in regard to the technical portions of the
Contract Documents. He will also analyze the bids and
recommend to the OWNER concerning accepting the bids.
Page 12 of 13 pages
6. Amend 1.6 as follows:- The Project does not include any
construction work. During the implementation of the Contract,
ENGINEER will be on call to the OWNER for consultation
regarding suggested modifications to the services and/or
updating, revising or adding to the technical maintenance
requirements in the service Contract.
7. Amend 1.7 as follows: The Project does not include plant
operations. During the implementation of the Contract,
ENGINEER will be on call to the OWNER for consultation
regarding suggested changes in operations of the heating and
air conditioning plant in relation to the maintenance
requirements.
Payments to the ENGINEER shall be based upon the following Hourly
Rates. Invoices will be delivered to the OWNER monthly and also
following completion of each of the Phases of the Work. Payment
will be due upon receipt of the invoice.
CLASSIFICATION
HOURLY RATE
Principal Engineer $ 60.00
Registered Engineer $ 50.00
Graduate Engineer $ 40.00
Support Personnel $ 30.00
It is estimated that the cost of the engineering work through the
bidding phase will not exceed $ 12,500.00
END OF EXHIBIT A
Page 13 of 13 pages