HomeMy WebLinkAboutResolution - 1924 - Contract - Fanning, Fanning, & Agnew Inc - A/C Upgrading Project, Auditorium - 01/24/1985MH: da
RESOLUTION
RESOLUTION #1924
January 24, 1985
Agenda Item #24
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 Contract by
and between the City of Lubbock and Fanning, Fanning and Agnew, Inc.,
Consulting Engineers, for the Municipal Auditorium air conditioning
upgrading project, 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
[ip& Al 1
Passed by the City Council this ;;;M day of
ATTEST:
e boyo, Llty
APPROVED AS TO CONTENT:
n, Community tac
Director
APPROVED AS TO FORM:
Miche art, ssitant•City"Attorney
1:7 -
RESOLUTION #1924 b"
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
Prepared by
ENGINEERS' JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
1910-1(1979 Edition)
A
;
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
and by
AMERICAN CONSULTING ENGINEERS COUNCIL
and by
AMERICAN SOCIETY OF CIVIL ENGINEERS
-x
t
Copyright 1979 National Society of Professional Engineers
2029 K Street, N.W., Washington, DC 20006
American Consulting Engineers Council
1155 15th Street, N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
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 January 17 , between- Tom' CttY' of :Lubbock,':Lubbock
Texae throw E The Citi _.Council
(OWNER) and
Fanning, Fanntag, & Agge4r; -Inc.
(ENGINEER).
OWNER intends to__.._A" Atr`nn4U$0n4P to kb_e r -r tY A44t:pTivR, add relief
air' fans --for vent larinn �rr1P And MOCLIfY the„resent
air ccndttienfngsysfem fnr rhanging epa.Qcm 7 47 ather
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.
ENGINEER shall provide professional engineering services for OWNER in all phases of the Project to which this
Agreement applies, serve as OWNER's professional engineering representative for the Project as set forth below
and shall give professional engineering consultation and advice to OWNER during the performance of services
hereunder.
SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Phase.
1.1. General.
After written authorization to proceed, ENGINEER
shall:
1.2.1. Consult with OWNER to clarify and define
1.1.1. ENGINEER shall perform professional ser- OWNER's requirements for the Project and review
vices as hereinafter stated which include customary available data.
civil, structural, mechanical and electrical engineering
services and customary architectural services inciden- 1.2.2. Advise OWNER as to the necessity of
tal thereto. OWNER's providing or obtaining from others data or
Page 1 of - _.1_ pages
services of the types described in paragraph 3.3, and
act as OWNER's representative in connection with any
such services.
1.2.3. Provide analyses of OWNER's needs, planning
surveys, site evaluations and comparative studies of
prospective sites and solutions.
1.2.4. Provide a general economic analysis of
OWNER's requirements applicable to various alter-
natives.
1.2.5. Prepare a Report containing schematic layouts,
sketches and conceptual design criteria with appropri-
ate exhibits to indicate clearly the considerations in-
volved and the alternative solutions available to
OWNER and setting forth ENGINEER's findings and
recommendations with opinions of probable costs for
the Project, including Construction Cost, contingen-
cies, allowances for charges of all professionals and
consultants, allowances for the cost of land and rights-
of-way, compensation for or damages to properties and
interest and financing charges (all of which are herein-
after called "Project Costs").
1.2.6. Furnish five copies of the Report and present
and review it 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 Description 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 Report, determine the extent of the
Project.
1.3.2. Prepare preliminary design documents consist-
ing of final design criteria, preliminary drawings and
outline specifications.
1.3.3. Based on the information contained in the pre-
liminary design documents, submit a revised opinion
of probable Project Costs.
1.3.4. 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 supple-
mented as indicated in paragraph 3 of Exhibit A "Fur-
ther 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 Project
Cost, prepare for incorporation in the Contract Docu-
ments final drawings to show the character and extent
of the Project (hereinafter called "Drawings") and
Specifications.
1.4.2. Furnish to OWNER such documents and de-
sign data as may be required for, and assist in the
preparation of, the required documents so that
OWNER may apply for approvals of such governinen-
tal authorities as have jurisdiction over design criteria
applicable to the Project, and assist in obtaining such
approvals by participating in submissions to and ne-
gotiations with appropriate authorities.
1.4.3. Advise OWNER of any adjustments to the lat-
est opinion of probable Project Cost caused by changes
in extent or design requirements of the Project or Con-
struction Costs and furnish a revised opinion of prob-
able Project Cost based on the Drawings and Specifi-
cations.
1.4.4. Prepare for review and approval by OWNER,
his 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, and assist in the
preparation of other related documents.
1.4.5. Furnish five copies of the above documents
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 De-
scription 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:
Page 2 of __U_ pages
1.5.1. Assist OWNER in obtaining bids or negotiating
proposals for each separate prime contract for con-
struction, materials, equipment and services.
1.5.2. Consult with and advise OWNER as to the
acceptability of subcontractors and other persons and
organizations proposed by the prime contractor(s)
(hereinafter called "Contractor(s)") for those portions
of the work as to which such acceptability is required
by the bidding documents.
1.5.3. Consult with and advise OWNER as to the
acceptability of substitute materials and equipment
proposed by Contractor(s) when substitution prior to
the award of contracts is allowed by the bidding doc-
uments.
1.5.4. Assist OWNER in evaluating bids or proposals
and in assembling and awarding contracts.
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 ENGINEER shall:
1.6.1. Consult with and advise OWNER and act as
his representative as provided in Articles 1 through 17,
inclusive, of the Standard General Conditions of the
Construction Contract No. 1910-8, (1978 edition). The
extent and limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said Standard
General Conditions shall not be modified, except to the
extent provided in paragraph 6 of Exhibit A "Further
Description of Basic Engineering Services and Related
Matters" and except as ENGINEER may otherwise
agree in writing. All of OWNER's instructions to Con-
tractors) will be issued through ENGINEER who will
have authority to act on behalf of OWNER to the extent
provided in said Standard General Conditions except
as otherwise provided in writing.
1.6.2. Make visits to the site at'intervals appropriate
to the various stages of construction to observe as an
experienced and qualified design professional the prog-
ress and quality of the executed work of Contractor(s)
and to determine in general if such work is proceeding
in accordance with the Contract Documents. ENGI-
NEER shall not be required to make exhaustive or
continuous on-site inspections to check the quality or
quantity of such work. ENGINEER shall not be re-
sponsible for the means, methods, techniques, se-
quences or procedures of construction selected by
Contractor(s) or the safety precautions and programs
incident to the work of Contractor(s). ENGINEER's
efforts will be directed toward providing a greater de-
gree of confidence for OWNER that the completed
work of Contractor(s) will conform to the Contract
Documents, but ENGINEER shall not be responsible
for the failure of Contractor(s) to perform the work in
accordance with the Contract Documents. During such
visits and on the basis of on-site observations ENGI-
NEER shall keep OWNER informed of the progress
of the work, shall endeavor to guard OWNER against
defects and deficiencies in such work and may disap-
prove or reject work failing to conform to the Contract
Documents.
1.6.3. Review and approve (or take other appropriate
action in respect of) Shop Drawings (as that term is
defined in the aforesaid Standard General Conditions)
and samples, the results of tests and inspections and
other data which each Contractor is required to submit,
but only for conformance with the design concept of
the Project and compliance with the information given
in the Contract Documents (but such review and ap-
proval or other action shall not extend to means, meth-
ods, sequences, techniques or procedures of construc-
tion or to safety precautions and programs incident
thereto); determine the acceptability of substitute ma-
terials and equipment proposed by Contractor(s); and
receive and review (for general content as required by
the Specifications) maintenance and operating instruc-
tions, schedules, guarantees, bonds and certificates of
inspection which are to be assembled by Contractor(s)
in accordance with the Contract Documents.
1.6.4. Issue all instructions of OWNER to Contrac-
tor(s); issue necessary interpretations and clarifications
of the Contract Documents and in connection therewith
prepare change orders as required; have authority, as
OWNER's representative, to require special inspection
or testing of the work; act as initial interpreter of the
requirements of the Contract Documents and judge of
the acceptability of the work thereunder and make de-
cisions on all claims of OWNER and Contractor(s)
relating to the acceptability of the work or the inter-
pretation of the requirements of the Contract Docu-
ments pertaining to the execution and progress of the
work; but ENGINEER shall not be liable for the results
of any such interpretations or decisions rendered by
him in good faith.
1.6.5. Based on ENGINEER's on-site observations
as an experienced and qualified design professional and
on review of applications for payment and the accom-
Page 3 of 1 _pages
panying data and schedules, determine the amounts
owing to Contractor(s) and recommend in writing pay-
ments to Contractor(s) in such amounts; such recom-
mendations of payment will constitute a representation
to OWNER, based on such observations and review,
that the work has progressed to the point indicated,
that, to the best of ENGINEER's knowledge, infor-
mation and belief, the quality of such work is in accor-
dance with the Contract Documents (subject to an eval-
uation of such work as a functioning Project upon Sub-
stantial Completion, to the results of any subsequent
tests called for in the Contract Documents, and to any
qualifications stated in his recommendation), and that
payment of the amount recommended is due Con-
tractor(s); but by recommending any payment ENGI-
NEER will not thereby be deemed to have represented
that continuous or exhaustive examinations have been
made by ENGINEER to check the .quality or quantity
of the work or to review the means, methods, se-
quences, techniques or procedures of construction or
safety precautions or programs incident thereto or that
ENGINEER has made an examination to ascertain
how or for what purposes any Contractor has used the
moneys paid on account of the Contract Price, or that
title to any of the work, materials or equipment has
passed to OWNER free and clear of any lien, claims,
security interests or encumbrances, or that Contrac-
tors) have completed their work exactly in accordance
with the Contract Documents.
1.6.6. Conduct an inspection to determine if the Proj-
ect is substantially complete and a final inspection to
determine if the work has been completed in accor-
dance with the Contract Documents and if each Con-
tractor has fulfilled all of his obligations thereunder so
that ENGINEER may recommend, in writing, final
payment to each Contractor and may give written no-
tice to OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein ex-
pressed), but any such recommendation and notice
shall be subject to the limitations expressed in para-
graph 1.6.5.
1.6.7. ENGINEER shall not be responsible for the
acts or omissions of any Contractor, or subcontractor,
or any of the Contractor(s)' or subcontractors' agents
or employees or any other persons (except ENGI-
NEER'S own employees and agents) at the site or oth-
erwise performing any of the Contractor(s)' work; how-
ever, nothing contained in paragraphs 1.6.1 thru 1.6.7,
inclusive, shall be construed to release ENGINEER
from liability for failure to properly perform duties un-
dertaken by him in the Contract Documents.
SECTION 2—ADDITIONAL SERVICES OF
ENGINEER
2.1. General
If authorized in writing by OWNER, ENGINEER shall
furnish or obtain from others Additional Services of
the following types which are not considered normal
or customary Basic Services except to the extent pro-
vided otherwise in Exhibit A "Further Description of
Basic Engineering Services and Related Matters";
these will be paid for by OWNER as indicated in Sec-
tion 5.
2.1.1. Preparation of applications and supporting
documents for 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 re-
quirements of the Project of any such statements and
documents prepared by others; and assistance in ob-
taining approvals of authorities having jurisdiction 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 fur-
nished by OWNER.
2.1.3. Services resulting from significant changes in
extent of the Project or its design including, but not
limited to, changes in size, complexity, OWNER's
schedule, or character of construction or method of
financing; and revising previously accepted studies,
reports, design documents or Contract Documents
when such revisions are due to causes beyond ENGI-
NEER's control.
2.1.4. Providing renderings or models for OWNER's
use.
2.1.5. Preparing documents for alternate bids re-
quested by OWNER for Contractor(s)' work which is
not executed or documents for out -of -sequence work.
2.1.6. Investigations involving detailed consideration
of operations, maintenance and overhead expenses;
providing Value Engineering during the course of de-
sign; the preparation of feasibility studies, cash flow
and economic evaluations, rate schedules and apprais-
als; assistance in obtaining financing for the Project;
evaluating processes available for licensing and assist-
ing OWNER in obtaining process licensing; detailed
quantity surveys of material, equipment and labor; and
Page 4 of – 11 – page s
audits or inventories required in connection with con-
struction performed by OWNER.
2.1.7. Furnishing the services of special consultants
for other than the normal civil, structural, mechanical
and electrical engineering and normal architectural de-
sign incidental thereto, such as consultants for interior
design, furniture, furnishings, communications, acous-
tics, kitchens and landscaping; and providing data or
services of the types described in paragraph 3.3 when
OWNER authorizes ENGINEER to provide such data
or services in lieu of furnishing the same in accordance
with paragraph 3.3.
2.1.8. Services resulting from the award of more sep-
arate prime contracts for construction, materials,
equipment or services for the Project than are contem-
plated by paragraph 5.1.1.2, and services resulting
from the arranging for performance by persons other
than the principal prime contractors of services for the
OWNER and administering OWNER's contracts for
such services.
2.1.9. Providing any type of field surveys for design
purposes and engineering surveys and staking to enable
Contractor(s) to proceed with their work; and providing
other special field surveys.
2.1.10. Services in connection with change orders to
reflect changes requested by OWNER if the resulting
change in compensation for Basic Services is not com-
mensurate with the additional services rendered, ser-
vices after the award of each contract in evaluating
substitutions proposed by Contractor(s), and in making
revisions to Drawings and Specifications occasioned
thereby, and services resulting from significant delays,
changes or price increases occurring as a direct or
indirect result of material, equipment or energy short-
ages.
2.1.11. Services during out-of-town travel required of
ENGINEER other than visits to the site as required
by Section 1.
2.1.12. Preparing for OWNER, on request, a set of
reproducible record prints of Drawings showing those
changes made during the construction process, based
on the marked -up prints, drawings and other data fur-
nished by Contractor(s) to ENGINEER and which EN-
GINEER considers significant.
2.1.13. 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 Contractor(s),
(3) prolongation of the contract time of any prime con-
tract by more than sixty days, (4) acceleration of the
progress schedule involving services beyond normal
working hours, and (5) default by Contractor(s).
2.1.14. Preparation of operating and maintenance
manuals; protracted or extensive assistance in the uti-
lization of any equipment or system (such as initial
startup, testing, adjusting and balancing); and training
personnel for operation and maintenance.
2.1.15. Services after completion of the Construction
Phase, such as inspections during any guarantee period
and reporting observed discrepancies under guarantees
called for in any contract for the Project.
2.1.16. Preparing to serve or serving as a consultant
or witness for OWNER in any litigation, public hearing
or other legal or administrative proceeding involving
the Project (except as agreed to under Basic Services).
2.1.17. Additional services in connection with the
Project, including services normally furnished by
OWNER and services not otherwise provided for in
this Agreement.
2.2. Resident Services During Construction.
2.2.1. If requested by OWNER or recommended by
ENGINEER and agreed to in writing by the other, a
Resident Project Representative will be furnished,and
will act as directed by ENGINEER in order to assist
ENGINEER in observing performance of the work of
Contractor(s). Such services will be paid for by
OWNER as indicated in paragraph 5.1.2.4.
2.2.2. The duties and responsibilities and the limita-
tions on the authority of the Resident Project Repre-
sentative and assistants will be set forth in Exhibit B
which is to be identified, attached to and made a part
of this Agreement before such services begin.
2.2.3. Through more extensive on-site observations
of the work in progress and field checks of materials
and equipment by the Resident Project Representative
(if furnished) and assistants, ENGINEER shall en-
deavor to provide further protection for OWNER
against defects and deficiencies in the work of Con-
tractor(s); but the furnishing of such resident Project
representation will not make ENGINEER responsible
for construction means, methods, techniques, se-
quences or procedures or for safety precautions or
programs, or for Contractor(s)' failure to perform their
work in accordance with the Contract Documents.
Page 5 of 11_ _ pages
2.2.4. If OWNER designates another person to rep-
resent OWNER at the Project site who is not ENGI-
NEER'S agent or employee, the duties, responsibilities
and limitations of authority of such other person and
the effect thereof on the duties and responsibilities of
ENGINEER under this Agreement 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.
SECTION 3—OWNER'S RESPONSIBILITIES
OWNER shall:
3.1. Provide all criteria and full information as to
OWNER's requirements for the Project, including de-
sign objectives and constraints, space, capacity and
performance requirements, flexibility and expandabil-
ity, 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.
3.2. Assist ENGINEER by placing at his disposal all
available information pertinent to the Project including
previous reports and any other data relative to design
or construction of the Project.
3.3. Furnish to ENGINEER, as required for perfor-
mance of ENGINEER's Basic Services (except to the
extent provided otherwise in Exhibit A "Further De-
scription of Basic Engineering Services and Related
Matters"), data prepared by or services of others, in-
cluding without limitation core borings, probings and
subsurface explorations, hydrographic surveys, labo-
ratory tests and inspections of samples, materials and
equipment; appropriate professional interpretations of
all of the foregoing; environmental assessment and im-
pact statements; property, boundary, easement, right-
of-way, topographic and utility surveys; property de-
scriptions; zoning, deed and other land use restriction;
and other special data or consultations not covered in
Section 2; all of which ENGINEER may rely upon in
performing his services.
3.4. Provide field control surveys and establish ref-
erence points and base lines (except to the extent pro-
vided 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.
3.5. Arrange for access to and make all provisions
for ENGINEER to enter upon public and private prop-
erty as required for ENGINEER to perform his
services.
3.6. Examine all studies, reports, sketches, Draw-
ings, Specifications, proposals and other documents
presented by ENGINEER, obtain advice of an attor-
ney, 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.
3.7. 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.
3.8. 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 to him under the construction contract,
and such inspection services as OWNER may require
to ascertain that Contractor(s) are complying with any
law, rule or regulation applicable to their performance
of the work.
3.9. 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 in-
formation, interpret and define OWNER's policies and
decisions with respect to materials, equipment, ele-
ments and systems pertinent to ENGINEER's ser-
vices.
3.10. 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 defect in the
work of Contractor(s).
3.11. Furnish, or direct ENGINEER to provide, nec-
essary Additional Services as stipulated in Section 2
of this Agreement or other services as required.
3.12. Bear all costs incident to compliance with the
requirements of this Section 3.
Page 6 of 11 --pages
SECTION 4—PERIOD 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 prog-
ress of the Project through completion of the Construc-
tion 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 and
construction of the Project including extra work and
required extensions thereto.
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 authorization to
proceed with that phase of services.
4.3. After acceptance by OWNER of the Study and
Report Phase documents indicating any specific mod-
ifications or changes in the extent of the Project desired
by OWNER, and upon written authorization from
OWNER, ENGINEER shall proceed with the perfor-
mance of the services called for in the Preliminary
Design Phase, and shall submit preliminary design doc-
uments and a revised opinion of probable Project Cost
within the stipulated period indicated in paragraph 3
of Exhibit A " Further Description of Basic Engineering
Services and Related Matters" after authorization to
proceed with that phase of services.
4.4. After acceptance by OWNER of the Preliminary
Design Phase documents and revised opinion of prob-
able Project Cost, indicating any specific modifications
or changes in the extent of the Project desired by
OWNER, and upon written authorization from
OWNER, ENGINEER shall proceed with the perfor-
mance of the services called for in the Final Design
Phase; and shall deliver Contract Documents and a
revised opinion of probable Project Cost for all work
of Contractor(s) on the Project within the stipulated
period indicated in paragraph 4 of Exhibit A "Further
Description of Basic Engineering Services and Related
Matters" after authorization to proceed with that phase
of services.
4.5. ENGINEER's services under the Study and Re-
port 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 such additional time
as may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction over
design criteria applicable to the Project.
4.6. After acceptance by OWNER of the ENGI-
NEER's Drawings, Specifications and other Final De-
sign Phase documentation including the most recent
opinion of probable Project Cost and upon written au-
thorization 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 the negotiations with
prospective Contractor(s) (except as may be otherwise
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 approval by ENGINEER of
final payment on the last prime contract to be com-
pleted. Construction Phase services may be rendered
at different times in respect of separate prime contracts
if the Project involves more than one prime contract.
4.8. If OWNER has requested significant modifica-
tions or changes in the extent of the Project, the time
of performance of ENGINEER's services and his var-
ious rates of compensation shall be adjusted appropri-
ately.
4.9. 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
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' writ-
ten notice to OWNER, suspend services under this
Agreement.
4.10. 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 services more than one year
Page 7 of 11 _ _ pages
after Substantial Completion, the various rates of com-
pensation provided for elsewhere in this Agreement
shall be subject to renegotiation.
4.11. In the event that the work designed or specified
by ENGINEER is to be performed under more than
one prime contract, 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 Negoti-
ating and Construction Phases in order to sequence
and coordinate properly such services as applicable to
the work under such separate contracts. This schedule
is to be prepared whether or not the work under such
contracts is to proceed concurrently and is to be in-
cluded in Exhibit A "Further Description of Basic En-
gineering Services and Related Matters," and the pro-
visions of paragraphs 4.4 through 4.10 inclusive, will
be modified accordingly.
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Page 8 of J1 _pages
0
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LUMP SUM METHOD OF PAYMENT
SECTION 5—PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services and Expenses of
ENGINEER.
5.1.1. For Basic Services. OWNER shall pay EN-
GINEER for Basic Services rendered under Section 1
(as amended and supplemented by Exhibit A "Further
Description of Basic Engineering Services and Related
Matters") as follows:
5.1.1.1. One Prime Contract. If only one prime
contract is awarded for construction, materials,
equipment and services for the entire Project, a lump
sum fee of $ 9, 000 ; but, if the prime con-
tract contains cost-plus or incentive savings provi-
sions for Contractor(s)' basic compensation, a lump
sum fee of $ NA
5.1.1.2. Several Prime Contracts. If more than
one but less than N_ separate prime contracts
are awarded for construction, materials, equipment
and services for the entire Project, a lump sum fee
of $ K' ; but, if any prime contract con-
tains cost-plus or incentive savings provisions for
Contractor(s)' basic compensation, a lump sum fee
of $ NA
5.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services rendered under
Section 2 as follows:
5.1.2.1. General. For Additional Services ren-
dered under paragraphs 2. 1.1 through 2.1.17, inclu-
sive (except services covered by paragraph 2.1.7 and
services as a consultant or witness under paragraph
2.1.16), on the basis of Payroll Costs times a factor
of 3 for services rendered by principals and
employees assigned to the Project.
5.1.2.2. Special Consultants. For services and
reimbursable expenses of special consultants em-
ployed by ENGINEER pursuant to paragraph 2.1.7
or 2.1.17, the amount billed to ENGINEER therefor
times a factor of STA_—.
5.1.2.3. Serving as a Witness. For the services
rendered by principals and employees as consultants
or witnesses in any litigation, hearing or proceeding
in accordance with paragraph 2.1.16, at the rate of
$ 400 per day or any portion thereof (but com-
pensation for time spent in preparing to appear in
any such litigation, hearing or proceeding will be on
the basis provided in paragraph 5.1.2.1).
5.1.2.4. Resident Project Services. For resident
services during construction furnished under para-
graph 2.2.1, on the basis of Payroll Costs times a
factor of NA for services rendered by princi-
pals and employees assigned to field offices in con-
nection with resident Project representation.
5.1.3. For Reimbursable Expenses. In addition to
payments provided for in paragraphs 5.1.1 and 5.1.2,
OWNER shall pay ENGINEER the actual costs of all
Reimbursable Expenses incurred in connection with
all Basic and Additional Services.
5.1.4. The terms "Payroll Costs" and "Reimbursable
Expenses" will have the meanings assigned to them in
paragraph 5.4 which appears on the reverse side of this
page.
5.2. Times of Payments.
5.2.1. ENGINEER shall submit monthly statements
for Basic and Additional Services rendered and for
Reimbursable Expenses incurred. The statements will
be based upon ENGINEER's estimate of the propor-
tion of the total services actually completed at the time
of billing. OWNER shall make prompt monthly pay-
ments in response to ENGINEER's monthly state-
ments.
5.3. Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due EN-
GINEER for services and expenses within sixty days
after receipt of ENGINEER's bill therefor, the
amounts due ENGINEER shall include a charge at the
rate of 1% per month from said sixtieth day, and in
addition, ENGINEER may, after giving seven days'
written notice to OWNER, suspend services under this
Agreement until he has been paid in full all amounts
due him for services and expenses.
5.3.2. In the event of termination by OWNER under
paragraph 7.1 upon the completion of any phase of the
Basic Services, progress payments due ENGINEER
for services rendered through such phase shall consti-
tute total payment for such services. In the event of
such termination by OWNER during any phase of the
Basic Services, ENGINEER will be paid for services
rendered during that phase on the basis of Payroll Costs
times a factor of 3 ' for services rendered dur-
Page 9 of -_-4- pages
ing that phase to date of termination by principals and
employees assigned to the Project. In the event of any
such termination, ENGINEER will be paid for all un-
paid Additional Services and unpaid Reimbursable Ex-
penses, plus all termination expenses. Termination ex-
penses mean Reimbursable Expenses directly attrib-
utable to termination, which shall include an amount
computed as a percentage of total compensation for
Basic Services earned by ENGINEER to the date of
termination, as follows:
20% if termination occurs after commencement of
the Preliminary Design Phase but prior to com-
mencement of the Final Design Phase; or
10% if termination occurs after commencement of
the Final Design Phase.
5.4. Definitions.
5.4.1. The Payroll Costs used as a basis for payment
mean salaries and wages (basic and incentive) paid to
all personnel engaged directly on the Project, including,
but not limited to, engineers, architects, surveyors,
designers, draftsmen, specification writers, estimators,
other technical personnel, stenographers, typists and
clerks; plus the cost of customary and statutory bene -
fits including, but not limited to, social security contri-
butions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement bene-
fits, sick leave, vacation and holiday pay applicable
thereto. For the purposes of this Agreement, the prin-
cipals of ENGINEER and their hourly payroll costs
are:
$17.80
The amount of customary and statutory benefits of all
other personnel will be considered equal to %
of salaries and wages.
5.4.2. Reimbursable Expenses mean the actual ex-
penses incurred directly or indirectly in connection
with the Project for: transportation and subsistence
incidental thereto; obtaining bids or proposals from
Contractor(s); furnishing and maintaining field office
facilities; subsistence and transportation of Resident
Project Representatives and their assistants; toll tele-
phone calls and telegrams; reproduction of reports,
Drawings, Specifications, and similar Project -related
items in addition to those required under Section l;
and, if authorized in advance by OWNER, overtime
work requiring higher than regular rates.
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Page 10 of _ JJ_ _ page s
Revised 4/10/79
SECTION 8—SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
8.1. This Agreement is subject to the following special provisions.
8.1.1. The Engineer, in preparing plans and specifications, for air conditioning
improvements, will take into account the importance of minimizing noise
produced by the air conditioning system so as to not adversely affect
the acoustics of the Municipal Auditorium.
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. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative"
consisting of ---- pages.
8.2.3.
8.3. This Agreement (consisting of pages 1 to 11 , 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
LUAOf-W TEXAS
Paarcrd as form:
Ass s nt City Attorney
EN EER:
C;eING, FANNING & AGNEW, INC.
JACK F. ROBERTS, VICE PRESIDENT
PROFESSIONAL ENGINEER
Page -11 of – 11 – pages