HomeMy WebLinkAbout37-92 RESOLUTIONRESOLUTION NO. 37-92
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH
CRAFTON-TULL AND ASSOCIATES IN THE AMOUNT OF
$15,350.00 FOR THE INVESTIGATION, ANALYSIS,
AND REPORT FOR PARKING DECK SEALING AND
STRUCTURAL REHABILITATION OF A BRIDGE ON SOUTH
COLLEGE NEAR 6TH STREET AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute an engineering contract with
Crafton-Tull and Associates in the amount of $15,350.00 for the
investigation, analysis, and report for parking deck sealing and
structural rehabilitation of a bridge on South College near 6th
Street. A copy of the contract authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
Section 2. That the Board of Directors hereby authorize a
budget adjustment in the amount of $6,100.00 to be transferred from
Account No. 210-550-5-315.00 to Account No. 210-552-5-315.00. A
copy of the budget adjustment authorized for execution is hereby
attached hereto and made a part hereof.
PASSED AND APPROVED this 17th day of March , 1992.
ATTEST:
Byervvic.
s—
City Cyerk
APPROVED:
By /it
Mayor
CITY OF FAYETTEVILLE, ARKANSAS
IN -YEAR BUDGET ADJUSTMENT
ADJUSTMENT /
BUDGET YEAR
DEPT: pr/
DIV : F.y;neu09
FROG:
DATE REQUESTED
2(o Fd, 97
PROJECT OR ITEM/ REQUESTED:
n/I
�o fu,� ref v 01 5irocrIufa� Qned/SA on br,' 9e
au4h 41167 Ave (Hent off)
JUSTIFICATION OF THIS INCREASE
sIvoe Jrat min ,•s per A-I4TD
inspecron re.004,
PROJECT OR ITEM DELETED:
None
JUSTIFICATION OF THIS DECREASE
nopoe,/ s#.•4 +O be older 6,d5ei-
•
INCREASE
ACCOUNT TITLE
ACCOUNT NUMBER
2/0- &52-S'915. oo
AMOUNT
DECREASE
ACCOUNT TITLE
ACCOUNT NUMBER
2/o-S50-5-3/Sm
AMOUNT
%r°. 0O
REQUESTED
-- LLBY:
dem'
BUDGECOORDINATOR:
DEP TMENT DIRECTOR:
ADMIN. SERVICES DIR:
DATE
Zb Fm6 92
F�1 1 1112
BUDGET OFFICE USE ONLY
DATE OF APPROVAL
_By Date
Entered
Posted
3—risia., Type: ABCDE
Total program adjustments to date:
$
1
IThis document has important legal consequences; consultation with an attorney is encouraged with respect to its completion
`I or modification.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of
between
72701
1992
City of Fayetteville, 113 West Mountain Street, Fayetteville, Arkansas
(OWNER) and
Crafton, Tull & Associates, Inc., 103 N. College, P.O. Box 1905, Fayetteville,
Arkansas 72702-1905
OWNER intends to
(ENGINEER).
Section I - Develop a preliminary study and report to establish the
existing condition and required maintenance or repairs to the city parking deck.
Prepare construction documents for the approved repairs or maintenance work.
Section II - Conduct bridge inspection and rating analysis and formulate repair or
replacement plans for Br. #19528 (S. College Ave.)
(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.
1.1. General.
1.1.1. ENGINEER shall provide for OWNER profes-
sional engineering services in all phases of the Projcct
to which this Agreement applies as hereinafter pro-
vided. These services will include serving as OWNER s
professional engineering representative for the Projcct,
providing professional engineering consultation and
advice and furnishing customary civil, structural.
mechanical and electrical engineering services and cus-
tomary architectural services incidental thereto.
After written authorization to proceed, ENGINEER
shall:
1.2.1. Consult with OWNER to clarify and define
OWNER's requirements for the Project and review
available data.
1.2_.2_. Advise OWNER as to the necessity of OWN -
ER's providing or obtaining from others data or ser-
vices of the types described in paragraph 3.3, and assist
OWNER in obtaining such data and services.
Page 1 of 24 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 3.11. inclusive. The
total of all such costs, allowances, etc. are hereinafter
called "Total Project Costs".
1.2.7. Furnish siwcopies 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 arc amcndcd 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 Prcliminan Design documents consist-
ing of final design criteria. preliminary drawings. outline
specifications and written descriptions of the Project.
Page 2 of
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 bascd 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 guidc sheets
24 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-
tractor(s) (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 Contractors) when substitution prior
to the award of contracts is allowed by the Bidding
Documents.
1.5.5. Attend the hid opening. prepare hid tabulation
sheets and assist OWNER in evaluating bids or pro-
posals and in assembling and awarding contracts for
construction. materials, equipment and services.
Thc duties and responsibilities of ENGINEER during
the Bidding or Negotiating Phase are amended and
supplemented as indica:cd in paragraph 5 of Exhibit A
"Further Description of I3asic Engineering Services
and Related Matters".
1.6. Construction Phase,
During the Construction Phase:
1.6.1. General Administration of Construction Con-
tract. ENGINEER shall consult with and advise
OWNER and act as OWNER's representative as pro-
vided in Articles 1 through 17, inclusive, of the Standard
General Conditions of the Construction Cortract, 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-
tractors) while it is in progress:
1.6 2 I 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(',)' work. In addition ENGI-
NEER shall provide the services ofa 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 he ENGINEER'', agent or
employee and und•: r IfNGINEER's supervision. Thc
duties and responsibilities of the Resident Project
Representative (and assistants) arc set forth in Exhibit
B "Duties. Responsibilities and Limitation of
Authority of Resident Project Representative".
1.6.2.3. The purpose of ENGINEER'% visits to
and represcnt.di,ns hs the Resident Project Repre-
sentative land assistants. if any) at the site will be to
enable ENGINEER to better carry out the duties and
Page 3 of 24 page%
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 Contractors) 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 ofContractor(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 Contractors) 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-
tractor(s) nor assume responsibility for Contrac-
tor(sl 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 Clarification.t. ENGINEER
shall issue necessary interpretations and clarifications
of the Contract Documents and in connection therewith
prepare work directive changes and change orders as
required.
1.6.5. Shue 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 01 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 certificate; 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 accompanyir.g data
and schedules:
1.6.9.1. ENGINEER shall determine the amounts
owing to Contractors) and recommend in writing
payments to Contractors) 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 accordancc 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 beer. made by ENGINEER to
check the quality or quantity of Contractor(s)' work
Page 4 of 24 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-
rtiques, sequences, or procedures of construction or
safety precautions or programs incident thereto or
Contractor(s) compliance with laws, males, 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 OWNER free and clear of 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 Documents. 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 accordan:e 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.
1.6.11. 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 Much recom-
mcndation and notice will he subject to the limitations
expressed in paragraph 1.6.9.2.
1.6.12. !.imitation ofRe.s ponsibilirir.a. ENGINEER shall
not he responsible for the acts or omissions of any
Contractor. or of any subcontractor or supplier. or any
of the C'aniractore.). or subcontractor's or supplier's
agents or employees or any otter persons (except
ENGINIiER's own employees and agents) at the site
or otherw ise furnishing or performing any of the Con-
tractor(s)' work; however. nothing contained in para-
graphs 1.6.1 Ihru 1.6.11 inclusive. shall he construed
to release ENGINEER from Iiahilit y for failure to prop-
I'•ge sof
erly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents. t
7. Operational Phase.
Du ' g the Operational Phase, ENGINEE ' . hall, when
requ ted by OWNER:
1.7.1.
or relate
vide assistance in the closin ' f any financial
transaction for the Project
1.7.2. Prov' ' e assistance in conne ion with the refin-
ing and adjus 'ng of any equipme t or system.
1.7.3. Assist 0 ER in trai ng OWNER's staff to
operate and main 'n the Pro ct.
1.7.4. Assist OWN
cedures for control o
of and record keeping
veloping systems and pro -
operation and maintenance
the Project.
1.7.5. Prepare a set r •roducible record prints of
Drawings showing t • se ch ges made during the con-
struction process ,,..sed onth marked -up prints, draw-
ings and other dat. urnished b Contractor(s) to ENGI-
NEER and whic ENGINEER onsiders significant.
1.7.6. In com.any with OWNER, visit the Project to
observe any apparent defects in t completed con-
struction, sist OWNER in consulta sons and discus-
sions with ontractor(s) concerning co ection of such
deficient' s. and make recommendation: as to replace-
ment or correction of defective work.
The t ties and responsibilities of ENGINE, R during
the perational Phase are amended and supp mented
as ndicated in paragraph 7 of Exhibit A " urther
scription of Basic Engineering Services and R lated
atters".
SECTION 2—ADDITIONAI. 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.
24
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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,)uris-
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 lir 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 lir the Project: evaluating processes available
for licensing and assisting OWNER in obtaining process
licensing: detailed quantity surveys of material, equip-
ment and Tabor, and audits or inventories required in
connection with construction performed by OWNER.
2.1.7. Furnishing services of independent professional
associates and consultant, lir other than Basic Services
(which include. hut 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 rcquircd 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-
tractor(s) to proceed with their work: and providing
other special field surveys.
2.1.12. Preparation ofoperting•mai ntcnanceand staff-
ing manuals to supplement Basic Services under para-
graph 1.7.3.
2.1.13. Preparing to serve or serving as .consultant or
witness for OWNER in any litigation. arbitration or
other legal or administrative proceeding involving the
Project (cxccpt for assistance in consultations which is
included as part of Basic Services under paragraphs
1.2.3 and 1.4.22 t.
2.1.14. Additional services in connection with the Proj-
ect. including services Mitch me to he fwnished by
OWNER in accordance with Article 3, and services
not otherwise provided for in this Agreement.
Page 6 of 14. pages
2. Required Additional Services.
en required by the Contract Documents in cir m-
sta es beyond ENGINEER's control, ENGI ER
shal furnish or obtain from others, as circum ances
requi during construction and without we' ing for
speci authorization from OWNER, Additional Ser-
vices o the types listed in paragraphs 2.2 through
2.2.6, i lusive (except to the extent oth rwise pro-
vided in : hibit A "Further Description o Basic Engi-
neering Se vices and Related Matters"). r ese services
are not incl , ded as part of Basic Service ENGINEER
shall advise • WNER promptly after s rting any such
Additional S: ices which will be pair for by OWNER
as indicated i Section 5.
2.2.1. Service in connection Ith work directive
changes and cha :e orders to refl ct changes requested
by OWNER if th resulting c nge in compensation
for Basic Services s not com r ensurate with the addi-
tional services rend red.
2.2.2. Services in m
Specifications occasio
tutions proposed by C
the award of each contr•.
ing the acceptability o
number of suhstitutio
in
ed
2.2.3. Services resul
or price increases o
of material, equip
2.2.4. Addition*
structiun made
or other cau.
amount of d
tor. (3) ace •
services h
byany C
•
s
i
a
P
g evisions to Drawings and
y the acceptance of substi-
ractor(s); and services after
1 in evaluating and determin-
unreasonable or excessive
posed by Contractor.
•
•
ng fro
curring a
cnt or en
esignificant delays. changes
a direct or indirect result
• y shortages.
or extended
necessary by (I )
during construct
ective or neglected
oration of thc progress
and normal working ho
ntraclor.
services during con-
ork damaged by fire
n. (2) a significant
rk of any Contrac-
-chedulc involving
s. and 14) default
•
•
2.2.5. crvices tot her than Basic Sery es during the
Opera onal Phase) in connection with a y partial uti-
lizati n of any part of the Project by OW ER prior to
Sub anlial Completion.
2. .6. Evaluating an unreasonable or cxte ive num-
b r of claims submitted by Contraclor(s) 01 nhcrs in
onnectiun with the work.
SECTION 3-1)xx'NER'S RESPONSII3II.I11ES
OWNER shall do the foIIowutg in a !inlet} manner so
as not lu delay the serxices 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
slalcmcnls:
3.4.4. property, boundary. easement. right-of-way,
topographic and utility surveys:
3.4.5. property descriptions:
3.4.6. toning. deed and other land use restriction:
and
3.4.7. other spceial data or consultations not cov-
ered in Section 2:
all of which ENGINEER inzt use and rely upon in
prrlorming smites under this Agreement.
3.5. 1'ra•, idc engineering surve)s toestablish reference
points fur construction (except to the extent provided
Page 7 of 24 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(%) are complying with any law,
rule, regulation. ordinance. code or order applicable to
thcir 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 he set forth in an exhibit that
is to he identified, attached Io and made a part of this
Agreement before such services begin.
3.11. If more than one prime contract is to he awarded
10i cunni r ort ion- 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 lu OWN ER's anticipated costs for services to he
provided by others for OWNER isuch as services put-
suant to paragraphs 3.7 through 3.11. inclusive and
Page It of
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 defect or 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 he 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 arc to be completed arc provided and
if such dates arc 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 he given
by OWNER within thirty days after ENGINEER has
sighed this Agreement.
4;. After acceptance by OWNER of the Study and
Report Phase documents indicating any specific mod -
24 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 (I )
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 he 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 ENG1-
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
thc services to be rendered thereunder shall he consid-
ered complete upon commencement of the Construc-
tion Phase or upon cessation of negotiations with pro-
spective Contractors) (except ;is tn:ry uUicrs+isc be
required to complete the services called for in para-
graph 6.2.2.5).
4.7. The Consintction Phase will commence ssith the
execution of the first pnmc contract to he esecuted for
thc work of the Project or ane part thereof. and will
terminate upon written reconuucnd,dion 1+s ENGI-
NEER of final payment an the last prime contract to
be completed. Construction Phase services may be ren-
dered at different times in respect of separate prime
contracts if the Project involves more than one prime
contract.
4.. 0 rational Phase will
Construction and will
the date of Subst
contra nstruction, mat
substantial completion i., achieved.
c
•
common the
e one year after
etion of the last prime
ori uipment on
•
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 120
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 er 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) he 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 he subject to equitable adjustment.
4.12. In thc event that the work designed or specified
by ENGINEER is to he furnished or performed under
more than one prime contract, or if ENGINEER'S ser-
vices arc to he 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 Roped) such sen ices aS arc applicable to the
work under such separate contracts. This schedule is
Page 9 of 24 pages
•
16 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 24 pages
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 ENGI-
NEER 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: Hodrly, not to exceed 315,350.
See attached 1 2r8,supplement to Exhibit A.
1.1. One Prime Contract. If only one p
is awarded for construction, mat
r the Project, a lump
for all Basic S
Contra
equipment
$
vices of ENGINE
tative (and assistants)
1.6.2.1 and Operati. .�
paragraph 1.7
cost-plus
arae
1. but les
tic award
forth
s
Res
e
s and
m fee of
ces (except ser -
t Project Represen-
ished under paragraph
ices furnished under
ut, if the p
incentive savin
basic compensatio
rime 'ntract contains
gs provis s for Con-
n. a lump su fee of
for such services.
t
1.2. Several Prime Conirr,ets.lfmore than e
an _ separate prime cont is are
ed fu nstruction, materials an quipment
c Project, mp sum fee of
for all Basic Service exec
NEER's Resident Project
tants) furnished undccrag
ational
hut, ifany P
live tie
p .crviccs of ENG1-
resentativc land rassis-
1.6.2.1 and Oper-
d undc • ragraph 1.7);
ainscost-p rinccn-
ontractor's Nasi
Phase scry s fumishe
ri contract cont
vi provisions for C
on. a lump sum fcc of $
pen
h services.
1.1.3. Resident Project .Services. For scry
EN c.'.' s Resident Project Represent
assistant. urnished under paragraph 1
basis of Salm osts times a factor
1t
of
c (and
1. an thc
for
services rcnden• by princi• s and employees
assigned to resident cpresentation.
5. I.1.4. Open ' tad / hese .' •niers. For Oper-
ational Phase ' vices furnished lint araeraph 1.7.
an atmos qual to ENGINELR'sSalar) ' 'sI, times
a fac of for scrviccs rendered rin-
ds and employees engaged directly on the Proj
5.1.2. For Additional Services. OWNER shall pap'
ENGINEER for Additional Services rendered under
Section 2 as follows:
5.1.2.1. General. For Additional Services of
ENGINEER's principals and employees engaged
directly on the Project and rendered pursuant to para-
graph 2.1 or 2.2 (except services as a consultant
or witness under paragraph 2.1.13), on the basis
of ENGINEER's
hourly rate schedule attached as
exhibit C.
5.1.2.2. Professional Associates and Consultants.
For services and Reimbursable Expenses of inde-
pendent professional associates and consultants
employed by ENGINEER to render Additional Ser-
vices pursuant to paragraph 2.1 or 2.2, the amount
billed to ENGINEER therefor times a factor
of 1.05
5.1.2.3. Serving as a Witness. For services ren-
dered by ENGINEER's principals and employees as
consultants or witnesses in any litigation. arbitration
or other legal or administrative proceeding in ac-
cordance with paragraph 2.1.13. at the rate of
b per day or any pon ion thereof (but com-
pensation for time spent in preparing to appear in
any such litigation. arbitration or proceeding will be
on the basis provided in paragraph 5.1.2.1). Com-
pensation for ENGINEER's independent profes-
sional associates and consultants will be on the basis
provided in paragraph 5.1.2.2.
5.1.3. ForReintbursoble Expenses. In addition to pay-
ments 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 "Salary Costs" and "Reimbursable
Expenses" have the meanings assigned to them in para-
graph 5.4.
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
he based upon ENGINEER's estimate of the propor-
tion of the total sin -vices actually completed at the time
of killing. OWNER shall make prompt monthly pay-
ments in response to EN(;INIiEI:'s monthly state-
ments.
Page 11 of pages
•
5.3. Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due
ENGINEER for services and expenses within thirty
days after receipt of ENGINEER's statement therefor,
the amounts due ENGINEER will be increased at the
rate of I% per month 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.
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 ENGI-
NEER's Actual costs and established mark-up
as negotiated with Owner for
services rendered during that phase to date of termi-
nation by ENGINEER's principals and employees
engaged directly on the Project. In the event of any
such termination, ENGINEER also will he reimbursed
for the charges of independent professional associates
and consultants employed by ENGINEER to render
Basic Services, and paid for all unpaid Additional Ser-
vices and unpaid Reimbursable Expenses, plus all ter-
mination expenses. Termination expcnscs mean Reim-
bursable Expenses directly attributable to termination,
which. if termination is at OWNER's convenience,
shall include an amount computed as a percentage of
total compensation for Basic Services earned by ENGI-
NEER to the date of termination, as follows:
2(11.4 if termination occurs after commencement of
the Preliminary Design Phase but prior to commence-
ment of the Final Design Phase; or
1(19; if termination occurs after commencement Of
the Find Design Phase.
5.3.3. Records of ENGINEER's Salary Costs perti-
nent to I:NGINEE/'s compensation under this Agree-
ment will be kept in accordance with genet ally accepted
accounting practices. Copies will he made available to
OWNER at cost on request prior to final pa Incnt tin
ENGINEER'S services.
5.3.4. Whenever a factor k applied to S.11:1I ('osis in
determining compensation payable t..1: NGI N I.1{ R That
facto' will he adjusted periodically and equitahly to
reflect changes in the various elements that comprise
Page 1' of
such factor. 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.
5.4. Definitions.
5.4.1. The Salary Costs used as a basis for payment
mean salaries and wages (basic and incentive) paid to
all ENGINEER's personnel engaged directly on the
Project, including, but not limited to, engineers, archi-
tects, surveyors, designers, draftsmen, specification
writers, estimators, other technical and business per-
sonnel; plus the cost of customary and statutory ben-
efits including, but not limited to, social security con-
tributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits,
sick leave, vacation and holiday pay and other group
benefits. For the purposes of this Agreement, the prin-
cipals of ENGINEER and their current hourly Salary
Costs are:
See attached hourly rate schedule,
exhibit C.
The hourly Salary Costs of principals of ENGINEER
will be adjusted equitably to reflect changes in person-
nel and in ENGINEER's overall compensation pro-
cedures and practices.
The amount of customary and statutory benefits of all
other personnel of ENGINEER will be considered equal
to % of salaries and wages, subject to equi-
table adjustment to reflect changes in ENGINEER's
overall compensation procedures and practices.
5.4.2. Reimbursable Expenses mean the actual expenses
incurred by ENGINEER or ENGINEER'S indepen-
dent professional associates or consultants, directly or
indirectly in connection with the Project, such as
expenses for: transportation and subsistence incidental
t hereto; obtaining bids or proposals from Contractors s);
providing and maintaining field office facilities including
furnishings and utilities; subsistence and transportation
of Resident Project Representatives and thcir assis-
tants; toll telephone calls and telegrams; reproduction
of reports, Drawings. Specifications. Bidding Docu-
ments. and similar Project -related items in addition W
those required under Section I; and, if authorized in
advance by OWNER, overtime work requiring higher
than regular rates.
24 pages
C
SECTION 6—CONSTRUCTION COST AND
OPINIONS OF COST
6.1. Construction Cost.
The construction cost of the entire Project (herein referred
to as "Construction Cost") means the total cost to
OWNER of those portions of the entire Project designed
and specified by ENGINEER, but it will not include
ENGINEER's compensation and expenses, the cost of
land, rights-of-way, or compensation for or damages
to. properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting, insurance
counseling or auditing services, or interest and financ-
ing charges incurred in connection with the Project or
the cost of other services to be provided by others to
OWNER pursuant to paragraphs 3.7 throughh 3.11,
inclusive. [Construction Cost is one of the items com-
prising Total Project Costs which is defined in para-
graph 1.2.5.)
6.2. Opinions of Cost.
6.2.1. Since ENGINEER has no control over the cost
of labor, materials, equipment or services furnished by
others. or over the Contractor(s)' methods of deter-
mining prices. or over competitive bidding or market
conditions. ENGINEER's opinions of probable Total
Project Costs and 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. familiar with the construction industry; but
ENGINEER cannot and does not guarantee that pro-
posals. kids or actual Total Project or Construction
Costs will not vary from opinions of probable cost
prepared by ENGINEER. If prior to the Bidding or
Negotiating Phase OWNER wishes greater assurance
as to Total Project or Construction Costs, OWNER
shall employ an independent cost estimator as provided
in paragraph 3.9.
6.2.2. If a Construction Cost limit is established by
written .agreement bchsccu OWNER and ENGINEER
and specifically set forth in This Agreement as a con-
dition thereto. the following will apply:
6".1. The acceptance by OWNER al any lime
during the Basic Services of a revised opinion of
probable "total Project or Construction Costs in excess
of the then established cost limit Bill constitute a
corresponding revision in the Construction Cost limit
to the extent indicated in such revised opinion.
Page 15 of
6.2.2.2. Any Construction Cost limit so estab-
lished will include a contingency of ten percent unless
another amount is agreed upon in writing.
6.2.2.3. ENGINEER will be permitted to deter-
mine what types of materials, equipment and com-
ponent systems are to be included in thc Drawings
and Specifications and to make reasonable adjust-
ments in the general scope, extent and character of
the Project to bring it within the cost 'Unit.
6.2.2.4. If the Bidding or Negotiating Phase has
not commenced within six months after completion
of the Final Design Phase, the established Construc-
tion Cost limit will not be binding on ENGINEER,
and OWNER shall consent to an adjustment in such
cost limit commensurate with any applicable change
in the general level of prices in the construction indus-
try between the date of completion of the Final Design
Phase and the date on which proposals or bids are
sought.
6.2.2.5. If the lowest bona fide proposal or bid
exceeds the established Construction Cost limit,
OWNER shall (1) give written approval to increase
such cost limit, (2) authorize negotiating or rebidding
the Project within a reasonable time, or (3) cooperate
in revising the Project's general scope, extent or
character to thc extent consistent with the Project's
requirements and with sound engineering practices.
In the case of (31. ENGINEER shall modify the Con-
tract Documents as necessary to bring the Construc-
tion Cost within the cost limit. In lieu of other com-
pensation for services in making such modifications,
OWNER shall pay ENGINEER, ENGINEER'S cost
of such services. all overhead expenses reasonably
related thereto and Reimbursable Expenses, but
without profit to ENGINEER on account of such
scrviccs. The providing of such service will be the
limit of ENGINEER'S responsibility in this regard
and. having done so. ENGINEER shall be entitled
to payment for services in accordance with this
Agreement and will not otherwise he liable for dam-
ages attributable to the lowest Kona fide proposal or
hid exceeding the established Construction Cost.
SECTION 7—GI:NI:RA1. CONSIOI
7.1. Termination.
RATION
The obligation to provide filmier services under this
Agreement m.n he tuminated by either party upon
thirty dors' written notice in the event of substantial
24
pages
failure by the other party to perform in accordance with
the terms hereof through no fault of the terminating
party.
7.2. Reuse of Documents.
All documents including Drawings and Specifications
prepared or furnished by ENGINEER (and ENGI-
NEER's independent professional associates and con-
sultants) pursuant to this Agreement are instruments
of service in respect of the Project and ENGINEER
shall retain an ownership and property interest therein
whether or not the Project is completed. OWNER may
make and retain copies for information and reference
in connection with the use and occupancy of the Project
by 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 reuse without written verifica-
tion or adaptation by ENGINEER for the specific pur-
pose intended will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER. or to ENGI-
NEER's independent profes
J.L.B. sultants..rml OWNCR .114
1 IO o d cwt
ociates or con-
= -r independent
--(rrdfcssshmal associates and consultants from all claims.,
*lostogest,kassesand expenses-4ncluding atterneyi'feey
3nrt-t>4 or resulting therefrom, Any-suQk-vont.
Itratinrroradaptatrtm•wiifentitle-ENG I NWIiW r far, he r
ertrry+rnxntitnti 1 nttes-to be-ngrt ed upon- hy 4144€14-
Mitt w+lt-
7.3. Insurance.
7.1.1. ENGINEER shall procure and maintain insur-
ance for protection from claims under workers' com-
pensation acts, claims for damages because of bodily,
inlun including personal injury. sickness or disease or
death or any and all employees or of any person oilter
than such employees, and from claims or damages
because or injury to or destruction of property including
loss or use r:sulting therefrom.
7.4. ControlUng Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
7.5. Successors and Assigns.
7.5.1. 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 7.5.2 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 repre-
sentatives (and said assigns) of such other party, in
respect of all covenants. agreements and obligations of
this Agreement.
7.5.2. Neither OWNER nor ENGINEER shall assign,
sublet or transfer any rights under or interest in (includ-
ing, but without limitation, moneys that may become
due or moneys that are due) this Agreement without
the written consent of the other. except to the extent
that any assignment. subletting or transfer is mandated
by law or the effect of this limitation may he 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. Nothing con-
tained in this paragraph shall prevent ENGINEER from
employing such independent professional associates
and consultants as ENGINEER may deem appropriate
10 assist in the performance of services hereunder.
7.5.3. Nothing under this Agreement shall he con-
strued ;o give any rights or benefits in this Agreement
to anyone other than OWNER and ENGINEER. and
all duties and responsibilities undertaken pursuant to
this Agreement will he for the sole and exclusive benefit
of OWNER and ENGINEER and not for the benefit
of any other parry.
1 Tie rrnaunder or .his page wan lett blank intenuona lly.1
Page If. of 24 pages
•
7.6. Arbitration.
7.6.1. All claims, counterclaims, disputes and other
matters in question between the parties hereto arising
out of or relating to this Agreement or the breach thereof
will be decided by arbitration in accordance with the
Constructior, Industry Arbitration Rules of the Amer-
ican Arbitration Association tt_n obtaining, subject to
the limitations and restrictions stated in paragraphs
7.6.3 and 7.6.4 below. This Agreement so to arbitrate
and any other agreement or consent to arbitrate entered
into in accordance herewith as provided in this para-
graph 7.6 will be specifically enforceable under the
prevailing law of any court having jurisdiction.
7.6.2. Notice of demand for arbitration must be filed
in writing with the other parties to this Agreement and
with the American Arbitration Association. The demand
must be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no
event may the demand for arbitration be made after the
date when institution of legal or equitable proceedings
based on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
7.6.3. All demands for arbitration and all answering
statements thereto which include any monetary claim
must contain a statement that the total sum or value in
controversy as alleged by the party making such demand
or answering statement is not more than S200,000
(exclusive of interest and costs) and the arbitrators will
not have jurisdiction, power or authority to render a
monetary award in response thereto against ;mv party
which totals more than S200.000 (exclusive of interest
1 I'hr rein;
and costs). The arbitrators will not have jurisdiction,
power or authority to consider, or make findings (except
in denial of their own jurisdiction) concerning any claim,
counterclaim, dispute or other matter in question where
the amount in controversy of any such claim, counter-
claim, dispute or matter is more than $200,000 (exclu-
sive of interest and costs).
7.6.4. No arbitration arising out of, or relating to, this
Agreement may include, by consolidation, joinder or
in any other manner. any person or entity who is not
a party to this Agreement.
7.6.5. By written consent signed by all the parties to
this Agreement and containing a specific reference hereto,
the limitations and restrictions contained in paragraphs
7.6.3 and 7.6.4 may be waived in whole or in part as to
any claim, counterclaim. dispute or other matter spe-
cifically described in such consent. No consent to arbi-
tration in respect of a specifically described claim,
counterclaim, dispute or other matter in question will
constitute consent to arbitrate any other claim. coun-
terclaim, dispute or other matter in question which is
not specifically described in such consent or in which
the sum or value in controversy exceeds 5200,000
(exclusive of interest and costs) or which is with any
party not specifically described therein.
7.6.6. The award rendered by the arbitrators will he
final. judgment may be entered upon it in any court
having jurisdiction thereof, and will not he subject to
modification or appeal except to the extent permitted
by Sections 10 and I I of the Federal Arbitration Act
(9 U.S.C. § IO. II).
er of This page was lefi blank inlentionally.l
Page 17 of 24 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. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative"
consisting of 0 pages.
8.2.3. Exhibit C "Hourly Rate Schedule"
8.3. This Agreement (consisting of pages I to 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 Fayetteville
ENGINEER:
Crafton, Tull & Associates, Inc.
Fred Vorsanger Mayor Bob Crafton, P.E.
Address for giving notices: Address for giving notices:
113 West Mountain Street
Fayetteville, AR 72701
P.O. Box 1905, 103 N. College
Fayetteville, AR 72702-1905
Page 19 24
of pages
[SUGGESTED FORM FOR EXHIBIT TO GENERAL PROVISIONS]
EXHIBIT A to GENERAL PROVISIONS attached to LET-
TER AGREEMENT BETWEEN OWNER AND ENGI-
NEER FOR PROFESSIONAL SERVICES. dated
19 92 (for use with EJCDC No. 1910-2, 1985 Edition).
FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS
1. This is an exhibit attached to and made a part of the General Provisions attached to Letter Agreement made
on 19 92
between City of Fayetteville. 113 West Mountain Street Fayetteville Araancas (OWNER)
and Grafton, Tull 6 Associates, Inc., 103 N. College. P.O. Box 190%, Fayetteville AR /ENGINEER)
providing for professional engineering services. The Basic Services of ENGINEER as described in Section 1 of
the said General Provisions are amended or supplemented as indicated below and the time periods for the perfor-
mance of certain services as indicated in said General Provisions are stipulated as indicated below.
2. During the Study and Report Phase ENGINEER shall:
(Insert amendments or supplements to paragraph 1.2.)
Section I: 35 Calendar Days
Section II: 25 Calendar Days
The Study and Report Phase Services will be completed and the Report submitted within calendar days
following written authorization from OWNER to ENGINEER to proceed with that phase of services.
3. During the Preliminary Design Phase ENGINEER shall:
(Inse •.mendments or supplements to paragraph 1.3.)
The Preh nary Design Phase Services will be completed, and ENGINEER's Final Design Ph . e documentation
and opinio if costs submitted within calendar days following written authorizah. from OWNER to
ENGINEER t..roceed with that phase of services.
4. During the Fin •• Iesign Phase ENGINEER shall:
(Insert amendments or . pplements to paragraph 1.4.)
The Final Design Phase Se ices will he completed and Contract Documents a
submitted within Galen,. days following written authorization from -
with that phase of services.
ENGINEER'S opinion of costs
NER to ENGINEER to proceed
[If the construction work is to he pe met' under more than one pri contract and the times of performance of
services are to be staggered, it will prob..ly he necessary to prepare special schedule for the Final Design Phase
Services.]
5. During the Bidding or Negotiating Phase E 1NEER sh
(Insert amendments or supplements to paragraph I
[If the construction work is to be performed under mor
services are to be staggered, it will probably he necess•
Phase Services.]
6. During the Construction Phase ENGINE. ' shall:
(Insert amendments or supplements to par raph 1.6.)
Ilf the construction work is to he perfor ed under more than one prime c
services are to be staggered. it will prably be necessary to prepare a specia
Services.]
[If an outside date for completio of construction is to
coordinated with the applicab provisions of the Letter Agreement.,
7. During the Operation Phase ENGINEER shall:
(Insert amendment :.r supplements to paragraph 1.7)
[If an outside date f. completion of all services is to he added, it should be added here. Note: s date is to be
coordinated with e applicable provisions of the Letter Agreement.]
an one prime contract and the times of performance of
epare a special schedule for the Bidding or Negotiating
tract and the times of performance of
chedule for the Construction Phase
be added, it should be adde 'ere. Note: This date is to be
Page 20 of 24 pages
c
•
MAIHOUR ESTIMATE
Supplement to Exhibit A
Paragraph,1.2.8
MARCO 3, 1912
SECTION I
STRUCTURAL REVIEW AND DECK SEALING
CIT! PARING DECK - CITY OF FAYETTEVILLE MAIROUR ESTIMATE
ENGINEER PROJECT
DESCRIPTION CLERICAL TECHNICIAN BIGINEER
// // //
1. REVIEW DATA PROM CITY'S PILES OF ALL PREVIOUS STUDIES, REPORTS, 0 0 1
TESTS, AID/OR REPAIRS TO DETERMINE THE CONDITION OF THE PARKING
STRUCTURE AT THE TIME OP TRE MOST RECENT REPAIR.
2. PERFORM FIELD SURVBTS: 0 16 16
A) TO DETERMINE AIT CRIMES TO TRE AREAS PREVIOUSLY REPAIRED;
1) 70 LOCATE ALL AREAS WHERE LEAKAGE 11 TRE CONCRETE DECK(S) IS
OCCURRING;
C) TO LOCATE AI! OTHER PROBLEM AREAS WHICH MAY RAVE ARISEN SINCE
THE PREVIOUS REPAIRS;
D) TO DETERMINE THE BITER? OF SOIL SETTLEHEIT AROUND THE PERIMETER
OF THE PARKING STRUCTURE;
11 TO DETERMINE TM ALIGIMENT/CLEARANCE PROBLEMS AT THE
GROUND FLOOR MIT/ALLEY SEPARATION CURBIIG ALONG TRE WEST SIDE,
AT TRE SECOND LEVEL EITRAICE/EIIT RAMPS, AID
AT T11 ROOF LEVEL ENTRANCE/EIIT RAMPS.
3. REALIZE AND STUDY THE DATA OBTAINED FORM TRE PILE REVIEW AID TOE 0 12 8
FIELD SURVEYS.
4. RESEARCH NILS, METHODS, AND MATERIALS 70 SEAL CRACKS AID TOP DECK 0 0 12
SURFACE AGAINST RATER PENETRATION.
S. PREPARE 11D SUBMIT TO THE CITY A REPORT OF FINDINGS AID PROPOSED 8 16 20
RECOMMBIDATIONS FOR THE REPAIR OF TIB PARING STRUCTURE.
6. ATTEND ONE (1) CITY BOARD AGEIDA SESSION AID 011 I1) CITY BORED 0 0 4
MEETING, IF REWIRED, FOR EIGINEERIIG CONTRACT APPROVAL. / // //
TOTAL - SECTION 1
CONMEITS:
1 44 61
1. CITY TO PROVIDE THE INFORMATION NOTED IN ITEM N0. 1.
2. SHOULD THE FIELD INVESTIGATIONS REVEAL THE NEED TO PERFORM A
STRUCTURAL ANALYSIS OF THE PARKING STRUCTURE, TEE COISULTAIT
WILL EMPLOY FRED REGI 6 ASSOCIATES, INC., LITTLE ROCK, ARKANSAS,
70 PERFORM THIS WORK. THIS FIRM HAS MAI/ MARS OF EXPERIENCE 11
POSTTENSIOIED CONCRETE DESIGN AND CONSTRUCTION OBSERVATION AID
AID RAS AUTHORED COMPUTER PROGRAMS TO REALIZE AID DESIGN POST-
TEISIONED CONCRETE STRUCTURES. THIS FIRM WOULD LEND VALUABLE
EIPERTISE AID EIPEDIENCI TO MN WORK.
Page 21 of 24 pages