HomeMy WebLinkAbout38-92 RESOLUTIONc
RESOLUTION NO. 38-92
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN ENGINEERING CONTRACT WITH
HAWKINS-WEIR IN THE AMOUNT OF $17,500.00 FOR
THE HYDRAULIC STUDY, DESIGN AND CONSTRUCTION
OBSERVATION OF THE REPLACEMENT CULVERTS AT
54TH STREET AND SANG AVENUE.
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
Hawkins -Weir in the amount of $17,500.00 for the hydraulic study,
design and construction observation of the replacement culverts at
54th Street and Sang Avenue. A copy of the contract authorized for
execution hereby is attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this 17th day of March , 1992.
ATTEST:
By
APPROVED:
Mayor
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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 >rttete4 /7
between
City of Fayetteville, Arkansas
(OWNER) and
Hawkins -Weir Engineers, Inc.
OWNER intends to
(ENGINEER).
construct drainage improvements on 54th Street over Owl Creek
and on Sang Avenue between Loren and Cleveland
(hereinafter called the Project).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance
of professional engineering servicestrrEuNGINEER and the payment for those services by OWNER as set forth
below.
SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Phase.
After written authorization to proceed. ENGINEER
1.1. General. shall:
1.1.1. ENGINEER shall provide for OWNER profes-
sional engineering services in all phases of the Project
to which this Agreement applies as hereinafter pro-
vided. These services will include serving as OWNER's
professional engineering representative for the Project.
providing professional engineering consultation and
advice and furnishing customary civil, structural,
mechanical and electrical engineering services and cus-
tomary architectural services incidental thereto.
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 16 pages
1.:: Iden:ds and 'analyze requirements o` goscrn-
menta. aui-orities hating Jurisdiction :c aporesc the
design of :he Prole:: and participate in consultations
with such authorities.
-1 Pros ide analyses of OWNER', needs. planning
surve\s. she evaluations and comparative studies of
prospective sites and solut.ons.
I._.5. Provide a general economic analysis is OWN -
ER's equremena applicable :a vancus alter :a:is es.
:...e. Prepare a Repor. con:a:n.ng schematic .as outs.
ske:c nes and conceptual design entero with appropri-
ateexhabns :o indicate :leads :neconsiderations mvcived
tuncludinc applicable requirements of governmental
authcnne• -caving jurisdiction as aforesaid' ana me
alternative solutions availaple :o OWNER and setting
forth ENGINEER s findings and recommendations This
Repor, wil, >e ac:ot.paniec b\ ENGINEER s opinion
of probable cots for the Prolec:. including the follow ing
which w,- be separaieis nemtzed• Construction Cos:.
ai;owaace for engineennc costs and com:ngencies. and
ion the bass of ,nfornnat:o- furnished os C\\\ER,
allow ances for such o:her Items as charges of a : other
professiona.s arc consultants. far Inc cos: of ianc and
nghts-of-was. for compensation for or damages to
properties. for .n Brest anc financing charges and for
ocher se'yices to be provided ivy others for t°wne-
pursuant 1.• paragraphs 3 - through 3 , 1. inclusive The
total of alI such cosi. allowances etc arc -,eremaiter
called "Totai 9 -eject Costs"
1.2.- . Furnish, cut copies of the Study and Repo -t doc-
uments and res sew :hem in Person w•th OWNER
The duties anc responsibilities- of ENGINEER during
:he Studs and Repor. Phase are amended and supple -
tented as indicated in parag-aph : el E\r.ibi: A "Fur-
ther Descnption, of Basic E cgineennc Ser'izcs and
Related Matters"
1.3. Preliminart Design Phase.
After wnnen authorization to proceed with the Prenr..-
inar\ Design Phase. ENG:NEER spall.
1.3.1. 1r consultation, with OWNER and cn the basis
of :he accepted Studs and Repu^t documents. deter-
-nine the general scope, eaten: anc character cif :he
Project.
: - - P•epare PrelImrna-s Design documents consist-
ing of !Thai design criteria. nreiimma-s draw Inc,. outline
pcLel. i;
on. ane .lr:::er de'.'Ir: 0's ?f t^C
1.: ' Adv se OWNER if adattion:. data c- vers ces
of :herpes describe;, in paragraph 3 4 are necessary
and assist OWNER .r. obtaining such data and sers ices.
. 3 4. Rased ,:n :he information can:aired in :he pre -
!unman design doct.ments. submit a res sea opinion
of prohahle'Total Proec: Costs
1.3.5 Furnish: two copies of ire abate Prcilm:r.an
Design deg.. rem' anc crew and review ihem in per-
son with OWNER.
The duties and resronsihiliues of ENGINEER during
:he Preiim,nar. Design Phase are amender and sup-
piemen:ed as -dica:ec In para¢ aph 3 of Er ::br, A
"Fanner Desc-Ipt,er. of Eas.c hngineertng Services
anc Related Nlatiers'
1.4. Final Design Phase.
Ater "ritien authorthat.on to proceec w':n :he `;nal
Design Phase. ENGINEER ,rail'
On the basis of :he accepte.. Preitminan Design
documents and :he re•.ised op:n:on of provable Tota:
?-oiect Costs prepare for Incorporation to :he Contract
Documents :ria, drawings :c ,how :he generai scope.
eaten: anc c'.arac:er of :re wort, :c' be ICrnished and
,er.ormed bContractor hereinafter called "Draw-
ings' and Specifications hicn will ce prepared in
cenfrrmance with the sixteen division format of the
Construction Specifications Institute
i 4 - Pr, vice technica; cr:e.n... wniter, descnnti
and design data for n NER s use in ^:n sat:ons
for permits w::h o• al -taking a Pis of such gos-
ernmen:al a:;:hor:Is e i::-isdictien to apDro'e
the dent e r: and assist OWNER .n cor-
a .ons with apprapna e au:hor:les.
:.4... Advise OWNER ofar.s adjustments to the latest
co nien of probable Total Protect Costs caused bs
changes in genera. scope. extent or character or design
requirements of :he Protect o- Construction Costs. Fur-
nish to OWNER a resised opinion of prcbat' e To:ai
Project Costs based or, the Cras,mgs anc Specifica-
tions
1 ..a. P-epare Jo- res few and approval os OWNER.
its legal co..nsel and other advisors contract agreement
fares. genera, conditions and supplementars cond.-
:ion. and iwhere appropriate' bid forms. invitations to
r.c anti instructions :r haven Tail of whic- snail be
consistent ..:h the ','I -r.• ind rc inent :ulae sheets
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prepared by the Engineers Joint Contract Documents
Committee), and assist in the preparation of other related
documents.
1.4.5. Furnish two copies of the above documents and
of the Drawings and Specifications and present and
review them in person with OWNER.
The duties and responsibilities of ENGINEER during
the Final Design Phase are amended and supplemented
as indicated in paragraph 4 of Exhibit A "Further
Description of Basic Engineering Services and Related
Matters".
1.5. Bidding or Negotiating Phase.
After written authorization to proceed with the Bidding
or Negotiating Phase, ENGINEER shall:
1.5.1. Assist OWNER in advertising for and obtaining
bids or negotiating proposals for each separate prime
contract for construction. materials. equipment and
services; and. where applicable. maintain a record of
prospective bidders to whom Bidding Documents have
been issued. attend pre-bid conferences and receive
and process deposits for Bidding Documents.
1.5.2. Issue addenda as appropriate to interpret. clarify
or expand the Bidding Documents.
1.5.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime con-
tractors) (herein called •'Contractor(s)") for those por-
tions of the work as to which such acceptability is
required by the Bidding Documents.
1.5.4. Consult with OWNER concerning and deter-
mine the acceptability of substitute materials and equip-
ment proposed by Contractor(s) when substitution prior
to the award of contracts is allowed by the Bidding
Documents.
1.5.5. Attend the bid opening, prepare bid tabulation
sheets and assist OWNER in evaluating bids or pro-
posals and in assembling and awarding contracts for
construction, materials. equipment and services.
The duties and responsibilities of ENGINEER during
the Bidding or Negotiating Phase are amended and
supplemented as indicated in paragraph 5 of Exhibit A
"Further Description of Basic Engineering Services
and Related Matters".
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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 Contract. No.
1910-8 (1983 edition) of the Engineers Joint Contract
Documents Committee. The extent and limitations of
the duties. responsibilities and authority of ENGI-
NEER as assigned in said Standard General Conditions
shall not be modified. except to the extent provided in
paragraph 6 of Exhibit A "Further Description of Basic
Engineering Services and Related Matters" and except
as ENGINEER may otherwise agree in writing. All of
OWNER's instructions to Contractor(s) will be issued
through ENGINEER who will have authority to act on
behalf of OWNER to the extent provided in said Stan-
dard General Conditions except as otherwise provided
in writing.
1.6.2. Visits to Site and Observation of Construction.
In connection with observations of the work of Con-
tractors) while it is in progress:
1.6.2.1. ENGINEER shall make visits to the site
at intervals appropriate to the various stages of con-
struction as ENGINEER deems necessary in order
to observe as an experienced and qualified design
professional the progress and quality of the various
aspects of Contractor( s). work. In addition. ENGI-
NEER shall provide the services of a Resident Proj-
ect Representative (and assistants as agreed) at the
site to assist ENGINEER and to provide more con-
tinuous observation of such work. Based on infor-
mation obtained during such visits and on such obser-
vations, ENGINEER shall endeavor to determine in
general if such work is proceeding in accordance with
the Contract Documents and ENGINEER shall keep
OWNER informed of the progress of the work.
1.6.2.2. The Resident Project Representative (and
any assistants) will be ENGINEER's agent or
employee and under ENGINEER's supervision. The
duties and responsibilities of the Resident Project
Representative (and assistants) are set forth in Exhibit
B "Duties, Responsibilities and Limitation of
Authority of Resident Project Representative".
1.6.2.3. The purpose of ENGINEER's visits to
and representation by the Resident Project Repre-
sentative (and assistants, if any) at the site will be to
enable ENGINEER to better carry out the duties and
16 pages
responsibilities assigned to and undertaken by
ENGINEER during the Construction Phase. and, in
addition. by exercise of ENGINEER's efforts as an
experienced and qualified design professional, to pro-
vide for OWNER a greater degree of confidence that
the completed work of Contractor s 1 will conform
generails to the Contract Documents and that the
integrit\ of the design concept as reflected in the
Contract Documents has been implemented and pre-
served by Cantractorts). On the other hand. ENGI-
NEER shall not. during such visits or as a result of
such observations of Contractor si work in progress.
supervise, direct or have control over Contractor sl.
work nor shah ENGINEER have authanry over or
responsibility for the means. methods. techniques.
sequences or procedures of construction selected by
Cuntractorts), far safety precautions and programs
incident tothe work afContractor sl odor any failure
of Contractors) to comply with laws. rules. regula-
tions. ordinances. codes or orders applicable to Con-
trac:ortsi furnishing and performing their work.
Accordingly. ENGINEER can neither guarantee the
performance of the construction contracts hs Con-
tractor,+) nor assume responsibility for Contrac-
tonsi' failure to furnisn and perform their work in
accordance wit.`.:he Contract Documents.
1.6.3 Defective Rnr4 Dur.ag such visits and on the
basis of such observations. ENGINEER mast disap-
prove of or reject Contractors)' work while it is in
progress .f 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 :n :he Contract Documents.
1.6.4. In:erpretasions and Clarifications. ENGINEER
shall ssue necessary interpretations and clarifications
of the Contract Documents and in connection :herewith
prepare work directive changes and change orders as
required
1.6.5. Shop Drawings. ENGINEER shall review and
approve tor take other appropnate action in respect of)
Shop Drawings ;as :hat term is defined in the aforesaid
Standard General Conditions). samples and other data
which Contractors) are required :o submit, but only
for conformance with the design concept of the Project
and compliance with the information given in the Con-
tract Documents. Such reviews and approvals or other
action shall not extend to means. methods. techniques.
sequences or procedures of construction or to safety
precautions and programs incident thereto
1.6.6. Subs/Mires. ENGINEER shall evaluate and
determine the acceptability of substitute materials and
equipment proposed tis Contractorts). but subject to
the provision of paragraph
1.6 -. Inspectuins and 'Tests. ENGINEER shat: has
authority, as OWNER 's representatise, to require spe-
cial inspection or testing of the work. and shat receive
and review ail certificates of ,nspecttons. testings and
approvals required by laws. rules. regulations. ordi-
nances. codes. orders or the Contract Documents • but
only to determine generally :hat their content complies
withthe requirements of, and the results certified indi-
cale:ompliance with, the Contract Documents).
1.6.8. Disputes between OWNER and Contractor.
ENGINEER sha'.I ac: as initiai intertsrcter of the
requirements of the Contract Documents and judge of
the acceptability of thew ork thereunder and make deci-
sions on all claims of OWNER and Contractor sl relat-
ing to the acceptahLuy of the work or :he interpretation
of the requirements of the Contract Documents per-
taining to the execution and progress of the work.
ENGINEER shall not he liable for the results of any
such interpretations or decisions rendered in good faith.
1.6.9..4npei'ations J r Pitvmrnr. Based on ENGI-
NEER.; or. -site absenaeans as an experienced and
qualified design professional. on information provided
by :he Resident Project Representative and on review
of applications for payment and the accompansing data
and schedules.
1.6.9.1 ENGINEER shall determine the amounts
owing to Contractonsl and recommend in w-tung
payments to Contra:tons: to such amounts. Such
recommendations of payment will cons:uute a rep-
resentation :o OWNER. based on such observations
and review• that t.`ie work has progressed :o the point
indicated. and :hat. to the best of ENGINEER's
knowledge. information and belief. the quality of
such work is generally in accordance with :he Con-
tract Documents )subject to an evaluation of such
work as a functioning whole prior to or upon Sub-
stantia: Completion, to the results of any subsequent
tests called for in the Contrac: Documents and to any
other qualifications stated in :he recommendation).
In the :ase of unit pnce work. ENGINEER's rec-
ommendations of pay men: will include final deter-
minations of quantities and classifications of such
work (subject toany subsequent adjustments allowed
by the Contract Documents).
1.6.9.2, By recommending any payment ENGI-
NEER will not thereby he deemed to have repre-
sented that exhaustive, continuous or detailed reviews
or examinations have been made by ENGINEER to
check :he quality or quantity of Contractors)' work
Page 4 of 1i•_ pages
as it is furnished and performed beyond the respon-
sibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. ENGI-
NEER's review of Contractor(s)' work for the pur-
poses of recommending payments will not impose on
ENGINEER responsibility to supervise, direct or
control such work or for the means, methods. tech-
niques, sequences, or procedures of construction or
safety precautions or programs incident thereto or
Contractor(s) compliance with laws, rules. regula-
tions, ordinances. codes or orders applicable to their
furnishing and performing the work. It will also not
impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes
any Contractor has used the moneys paid on account
of the Contract Price, or to determine that title to
any of the work, materials or equipment has passed
to 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. Contractorls)' 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 Contractors) in accordance with
the Contract Documents (but such review will only be
to determine that their content complies with the
requirements of. and in the case of certificates of inspec-
tion. tests and approvals the results certified indicate
compliance with. the Contract Documents): and shall
transmit them to OWNER with written comments.
1.6.11. 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-
tractor(s) that the work is acceptable (subject to any
conditions therein expressed), but any such recom-
mendation and notice will be subject to the limitations
expressed in paragraph 1.6.9.2.
1.6.12. Limitation of Responsibilities. ENGINEER shall
not be responsible for the acts or omissions of any
Contractor, or of any subcontractor or supplier. or any
of the Contractor(s)' or subcontractor's or supplier's
agents or employees or any other persons (except
ENGINEER's own employees and agents) at the site
or otherwise furnishing or performing any of the Con-
tractor(s)' work; however. nothing contained in para-
graphs 1.6.1 thru 1.6.11 inclusive. shall be construed
to release ENGINEER from liability for failure to prop-
erly perform duties and responsibilities assumed b
ENGINEER in the Contract Documents.
1.7. Operational Phase.
During the Operational Phase, ENGINEER sh . 1, when
requested by OWNER:
1.7.1. Provide assistance in the closing of : y financial
or related transaction for the Project.
1.7.2. Provide assistance in connect'.n with the refin-
ing and adjusting of any equipment .r system.
1.7.3. Assist OWNER in training OWNER's staff to
operate and maintain the Project.
1.7.4. Assist OWNE t eloping systems and pro-
cedures for control of a peration and maintenance
of and record keepingr. r Project.
1.7.5. Prepare a s reproHuctble record prints of
Drawings showing thos anges made during the con-
struction process. based on the marked -up prints, draw-
ings and other daturnished by Contractor(s) to ENGI-
NEER and whic • ENGINEER considers significant.
1.7.6. In com •any with OWNER. visit the Project to
observe any apparent defects in the completed con-
struction...sist OWNER in consultations and discus-
sions wit ontractorts) concerning correction of such
deficien es. and make recommendations as to replace-
ment o correction of defective work.
The uties and responsibilities of ENGINEER during
th-. •perational Phase are amended and supplemented
a- indicated in paragraph 7 of Exhibit A "Further
scription of Basic Engineering Services and Related
Matters".
SECTION 2—ADDITIONAL SERVICES OF
ENGINEER
2.1. Services Requiring Authorization in Advance.
If authorized in writing by OWNER. ENGINEER shall
furnish or obtain from others Additional Services of
the types listed in paragraphs 2.1.1 through 2.1.14.
inclusive. These services are not included as part of
Basic Services except to the extent provided otherwise
in Exhibit A "Further Description of Basic Engineering
Services and Related Matters"; these will be paid for
by OWNER as indicated in Section 5.
Page 5 of 16 pages
2.1.1. Preparation of applications and supporting doc-
uments lin addition to those furnished under Basic Ser-
vices) for private or governmental grants, loans or
advances in connection with :he Project: preparation
or review of environmental assessments and impact
statements: review and esaluation of the effect on the
design requirements of t :e Prosect of any such state-
ments and documents prepared by others: and ass:s-
tance in ortaining approvals of authorities has mg juris-
diction over the anticipated environmentai impact of
the Project.
2.:.2. Services to make measured drawings of or to
insest:gate existing conditions or facilities. or to verify
the accuracy of drawings or other information furnished
by OWNER.
2.1.7. Services resulting fro::: significant changes in the
general scope. extent or character of :he Project or its
design including. but not limited lo. changes in size,
complexity. OWNER'., 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 recuired
by changes ;n laws. rules. regulations. ordinances. codes
or orders enacted subsequent to the preparation of such
swots. :coons or documents. cr are cue to any other
causes bevonc ENGiNEERS's control
s_.1.-. Priv:c:r.g renderings cr models for O\NER's
use.
2.1 5. Preparing documents ter alternate bids requested
by OWNER for Contractors work whim .s not exe-
cuted or documents for out -of -sequence work.
2.1 . i. lns est:gations and studies involving. but not lim-
ited to. detailed consideration of operation,. mainte-
nance and overhead expenses; providing alae engi-
neering during the course of cesignthe preparation of
feasibility studies. cash flow and economic evaluations.
rale schedules and appraisals. assistance in ohlaining
financing for the Project. ev aluaung processes available
for licensing and assisting OWNER in on:aining process
licensing; detailed quantity sun•eys of material, equip-
ment and labor; and audits or inventories required to
connec:ion with construction performed by OWNER.
'_.I.". Furnishing services of independent professions:
associates and consultants for other than Basic Services
'which include. bur arc not limited :o. customary civil.
structural. mechanical and electrical engineering and
customary architectural design incidental thereto); and
providing gala or services of the types described in
paragraph 3 4 whey. OWNER employs ENGINEER to
provttc such data or services in lieu of furnishing the
same in accordance with paragraph 7.4.
2.1.8. If ENGINEER's compensation is on :he Kass
of a lump surn or percentage of Construction Cost or
cost-plus a fitted fee me:hod of payment. services
resulting from i.".e award of more separate prime cor.-
trac:, for construction. materials or equipment for the
Project than are conter.elatec hparagraph 5.1.1.2. If
ENGINEER', compensation is on :he 'oasis of a per-
centage of Constriction Cost and ENGINEER has been
required to prepare Contract Documents on the
assumption that more tnan one prime contract will he
ay. awed for construction. materials and equipment. bat
only one prime contract is awarded for construction.
materials and egmpment for Inc Project. sen ccsattrib-
utable to the preparation of contract documentation
that was rendered aauseable and ans revisions or addi-
tions to contract dacamentation used that was neces-
sitated by the award of only one prince contract
• . • 9. Services during out-of-town have! required of
ENG:NEER other :hon visits to the site or OWNER's
office as regairec h. Section 1
2.1 O. Assistance n con nec:ion with hid protests.
rebidding or renegotiating contracts tor constr cticn.
m .vnals. equipment cr services. except when suer
assistance is requ.:ed Io complete services ca.ied for
in paragraph h 2.2.5.
Page n or 1 6
'_. I.1 :. Providing ant type of property survey s dr related
engineering sen ice% needed for the transfer of interests
.n real property and field surveys for design purposes
and engineering curves and staking :a enable Con-
.rac:or,I to proceed with :heir work. and pray:ging
other special field sur'evs.
2.1.12. Preparationofoperating.ma:ntenanceandstaff-
ing manuals 10 supplement Basic Services under para-
graph 1.' 3
_ 1.13. Prepar.ng :o sen e or sen ing as a consultant or
witness for OWNER in any litigation. arbitration or
other legal or administrative proceeding involving the
Project 'except for assistance to consultations which is
included as part of Basic Services under paragraphs
1.2.3 and 1.4,21.
2.1.14. Add :lanai %en ices .n connection' ilh:heProi-
ect. including se -vices vetch are to he furnished by
OWNER in acco-dance with Ar.icle 3. and sentces
net otherw ice p rov ideal for in this Agreement
2.2. Required Additional Services.
Wh required by the Contract Documents in circum-
stan s beyond ENGINEER's control. ENGINEER
shall rnish or obtain from others. as circumstances
require during construction and without waiting for
specific =uthorization from OWNER. Additional Ser-
vices of he types listed in paragraphs 2.2.1 through
2.2.6. inc sive (except to the extent otherwise pro-
vided in E ibit A "Further Description of Basic Engi-
neering Se ces and Related Matters"). These services
are not inclu. d as part of Basic Services. ENGINEER
shall advise o NER promptly after starting any such
Additional Se •ices which will be paid for by OWNER
as indicated in ection 5.
2.2.1. Services t connection with work directive
changes and chang orders to reflect changes requested
by OWNER if the esulting change in compensation
for Basic Services is ot commensurate with the addi-
tional services render d.
2.2.2. Services in mak g revisions to Drawings and
Specifications occasione by the acceptance of substi-
tutions proposed by Con ctor(s); and services after
the award of each contract n evaluating and determin-
ing the acceptability of an nreasonable or excessive
number of substitutions pro •sed by Contractor.
2.2.3. Services resulting from st ificant delays. changes
or price increases occurring as a . irect or indirect result
of material. equipment or energ, shortages.
2.2.4. Additional or extended s= ices during con-
struction made necessary by (I) w. k damaged by fire
or other cause during construction (2) a significant
amount of defective or neglected wor of any Contrac-
tor. (3) acceleration of the progress sc edule involving
services beyond normal working hours, nd (4) default
by any Contractor.
2.2.5. Services (other than Basic Service during the
Operational Phase) in connection with any .artial uti-
lization of any part of the Project by OWN prior to
Substantial Completion.
2.2.6. Evaluating an unreasonable or extensiv num-
ber of claims submitted by Contractorts) or ot -rs in
connection with the work.
SECTION 3—OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so
as not to delay the services of ENGINEER:
3.1. Designate in writing a person to act as OWNER's
representative with respect to the services to be ren-
dered under this Agreement. Such person shall have
complete authority w transmit instructions. receive
information. interpret and define OWNER's policies
and decisions with respect to ENGINEER's services
for the Project.
3.2. Provide all criteria and full information as to
OWNER's requirements for the Project. including design
objectives and constraints, space. capacity and perfor-
mance requirements, flexibility and expandability, and
any budgetary limitations: and furnish copies of all
design and construction standards which OWNER will
require to be included in the Drawings and Specifica-
tions.
3.3. Assist ENGINEER by placing at ENGINEER's
disposal all available information pertinent to the Proj-
ect including previous reports and any other data rel-
ative to design or construction of the Project.
3.4. Furnish to ENGINEER. as required for perfor-
mance of ENGINEER'S Basic Services (except to the
extent provided otherwise in Exhibit A "Further
Description of Basic Engineering Services and Related
Matters"), the following:
3.4.1. data prepared by or services of others.
including without limitation borings. probings and
subsurface explorations. hydrographic surveys. lab-
oratory tests and inspections of samples. materials
and equipment:
3.4.2. appropriate professional interpretations of
all of the foregoing:
3.4.3. environmental assessment and impact
statements;
3.4.4. property. boundary. easement. right-of-way,
topographic and utility surveys:
3.4.5. property descriptions:
3.4.6. zoning, deed and other land use restriction:
and
3.4.7. other special data or consultations not cov-
ered in Section 2:
all of which ENGINEER may use and rely upon in
performing services under this Agreement.
3.5. Provide engineering surveys to establish reference
points for construction (except to the extent provided
Page 7 of 16_ pages
otherwise In E\hihtt A 'Further Description of Basic
Engineering Sen Ices and Rela:ec Matter" to enap.e.
Centractoi sI to o-occed with :he .as out o' the work.
:.n. Arrange for access to and make a. presisiens for
ENG:NEER lo enter upon puhitc and private property
as reauirec for ENGINEER :o perform e.s.ses under
:his Agreement
" E.am:ne all studies. reports. sketches. Drawings-.
Speclncali ns prcresats arc other du:.. -eats pre-
sented bs ENGINEER. ertalr, ads icc of art a::ornes.
Insurance counselor and o:he- consultants as OWNER
deems aprropnate fo- s;.ch esarnicatien and render in
wring de: cions pertaining i tere:? within a rea' napie
time se as not to dela-, the sen ices of E\G1\= -2
}-urn.sh arp-cs al> and bermlls from a:: goseT-
menl3l autrlcnl'es 'avinc IJrsd r:ior. es er ireProiecl
and succ.. iapprosais and consents from, others as may
be necessar. for ccmrie:ion cl the Fro'ec:
7.1) Prosice such :., -:Inc. inderenaert cos: est: -
mating and insurance counseling se -,res a> ma' be
reou:red fo- the Prate:. such fecal serve:cs as OWNER
mas -eoutre n- ENGINEER mas -easonarls request
with -egar. to legal 1•sl.c' pertaining : Ino P: oleo:
Including ark teat r'.a'. -'C -atsed is Contractor s•.•tight
auditing service as OW \ER mas reo_.-e :o ascenair
now or to- "rat D..n'+ese ans Contractor has Jsea :rte
moneys pard under ire cumtr g1:o co-:rac:. and sucr
lnspecno- se -s ices as OWNER -ma:. recite -c :c ascr-
tatn :ria:-ontracrois are camp.s:ng wish ans law
rale. regutauon. ordinance. coce or order applicable:o
Inetr furnishing tine performing the on
-.a. :f NER ues;gn�:es Peron to rep.reser:
OWNER LI :re site w ;o :s no: ENGINEER or ENG]-
\EER's agent ur empics ee 'ne Janes. re>rcn>ibilnles
and limitations of au:-onls of s::c:h o:her person and
the affect :hereof on :ne duties and responsirm.aes of
ENG:NEER and :he Res'oent Protect Representative
lard ans assistants, will be ser forth .n an exhic.: that
.s to pe .cent.fed. at:ached to and made a par. of :his
Agreement before such ser Ices beg::.
7 : 1 . if more than one prate coh:rac: is tc be awarded
for ccnstr_ct:or:. materials. equipment and services far
:he entire Pro ect. des.gnate a person cr organ:zaaon
10 `.ase author -its and responsihilns for coordinating
the activities among the nanous prime centractnrs.
: :'" Furush to ENG:NEER da:. cr es---ated figures
as to Oa\ER • anticipates; costs for se:.lees :a 5c
pros idec others 10- OWNER such as sen ices cur
star: „ r.ara.•dpri• - •hr?Jcr ..cites arc
ether costs of the tsres referred to paragraph 1.2.61
so that ENGINEER ma} m,.ne ire necessa:s F.ridings
:o support arm ors of probcb e Total Praiect Costs
7. Attend the pre -''i centerence. bid opening. pre -
construction conferences co-s:ruct.on progress anc
oche- lot- related meetings ono substantial completion
inspections arc final pas men: Inspections.
7.1 Gine prompt written notice to ENGINEER
wreneser OWNER observes or otherwise becomes
aware of ars dese'.onmer: ma; affects :he scope cr
t.mingef E\G1\FF.R s se-sices. or ans aefec: or non-
conformance in ire wort o' ans. Contractor
Furtlsr.. or etre:: ENGINEER :o rra\ide. Addi-
:tonal Ser\ ices as s:mula:ec •- paragraph :. i of this
Agreement or titre: ser'• Islas a> -eq aired
n. Ben- all cos:-.. •-telae:.: ,i'• compliance wit'- the
requtremems J' this Sec:nrm
SE
10N4:1—PERIODS .o. SERviCF-
the prasulons of Int, Sectior = an :-e various
-ales o cumpensa::or E ' :\EER'. servic.s pro-
idedfcr e:sewnere in tris Agri cement hJ • e. beer, agreed
to in antiap6aon o; Inc orcer i'• and continuous progress
ai list Prole: :hrnt:cn completion isf the Cons:ract:on
PhL'e E\G]NE ER'• op ga:Ion to renter seni:es
here„nder Hili extend ter a period anter... • reason: -
anis be reoutred fo- :he cesicn. aw arc of con:racist
cons:r c:icn and initial operation cl :ne Protect nck c-
ine c\:na work and requirec a\te^.skins :hereto :r tri
Exhihit A 'Further Descr.ptic r. of Basic Engineering
Sen ices and Related ?Salters- spec trio periods of time
for render:nc sen ices are se; fonn or specinc dates b\
whrh services are to 're comp,etec are provided and
such dates are esceeded t,-rcuert no faui; of ENGI-
NEER. ail ra:es. measures and amounts of ca noen-
satior prosided herein snail De surlec: to equitable
adjustment.
4 : The sen ices ca::ed for in :he Study and Report
Phase wa De completed and :ne Report submitted within
the ct., ulatec pened:ndica:ed in paragraph ofE.xmb::
A 'Further ] esripticr of Sas.c Iingmeer-.g Services
ane Re ated Matters- after written aJ:horization to
proceed wan that phase of se -sloes wn.ch will be given
bs OWNER within :hir.s daps after ENGINEER nas
s:gned this Agreement.
J ? Af:e•JcccpI nor rs
Rcr'r. Pna•e doc..c.=n:.
0V+'\ER ct :he Studs anc
rUl. a'••'L' ans sreo•nz mad-
•
•
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 Contractors) on the Proj-
ect within the stipulated period indicated in paragraph
4 of Exhibit A "Further Description of Basic Engi-
neering Services and Related Matters".
4.5. ENGINEER's services under the Study and Report
Phase. Preliminary Design Phase and Final Design Phase
shall each be considered complete at the earlier of (1)
the date when the submissions for that phase have been
accepted by OWNER or (2) thirty days after the date
when such submissions are delivered to OWNER for
final acceptance. plus in each case such additional time
as may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction to
approve the design of the Project.
4.6. After acceptance by OWNER of the ENGI-
NEER's Drawings. Specifications and other Final Design
Phase documentation including the most recent opinion
of probable Total Project Costs and upon written autho-
rization to proceed. ENGINEER shall proceed with
performance of the services called for in the Bidding
or Negotiating Phase. This Phase shall terminate and
the services to be rendered thereunder shall be consid-
ered complete upon commencement of the Construc-
tion Phase or upon cessation of negotiations with pro-
spective Contractor(s) (except as may otherwise be
required to complete the services called for in para-
graph 6.2.2.5).
4.7. The Construction Phase will commence with the
execution of the first prime contract to be executed for
the work of the Project or any part thereof, and will
terminate upon written recommendation by ENGI-
NEER of final payment on the last prime contract to
be completed. Construction Phase services may be ren-
dered at different times in respect of separate prime
contracts if the Project involves more than one prime
contract.
4.8. The Operational Phase will commence during the
Construction Phase and will terminate one year after
the date of Substantial Completion of the last prime
contract for construction. materials and equipment on
which substantial completion is achieved.
4.9. If OWNER has requested significant modifications
or changes in the general scope, extent or character of
the Project. the time of performance of ENGINEER'S
services shall be adjusted equitably.
4.10. If OWNER fails to give prompt written authori-
zation to proceed with any phase of services after com-
pletion of the immediately preceding phase, or if the
Construction Phase has not commenced within Q9_
calendar days (plus such additional time as may be
required to complete the services called for under para-
graph 6.2.2.5) after completion of the Final Design Phase.
ENGINEER may, after giving seven days' written notice
to OWNER. suspend services under this Agreement.
4.11. If ENGINEER's services for design or during
construction of the Project are delayed or suspended
in whole or in part by OWNER for more than three
months for reasons beyond ENGINEER's control.
ENGINEER shall on written demand to OWNER (but
without termination of this Agreement) be paid as pro-
vided in paragraph 5.3.2. If such delay or suspension
extends for more than one year for reasons beyond
ENGINEER's control, or if ENGINEER for any rea-
son is required to render Construction Phase services
in respect of any prime contract for construction. mate-
rials or equipment more than one year after Substantial
Completion is achieved under that contract. the various
rates of compensation provided for elsewhere in this
Agreement shall be subject to equitable adjustment.
4.12. In the event that the work designed or specified
by ENGINEER is to be furnished or performed under
more than one prime contract, or if ENGINEER's ser-
vices are to be separately sequenced with the work of
one or more prime contractors (such as in the case of
fast -tracking). OWNER and ENGINEER shall, prior
to commencement of the Final Design Phase, develop
a schedule for performance of ENGINEER's services
during the Final Design, Bidding or Negotiating and
Construction Phases in order to sequence and coordi-
nate properly such services as are applicable to the
work under such separate contracts. This schedule is
Page 9 of 16— pages
to be prepared whether or not the work ander such
contracts is :o proceed concurrently and is t0 he included
in Exhibit A "Further Description of Basic Engineering
Services and Relatea Matters". and the provisions of
paragraphs 4.. through 4.10 Inclusive. will he modified
accordingly.
The rema,ncer of ill's page uas ,ef: bkank .nten: ona.lp.]
Page I0 of 16 pages
•
LUMP SUM METHOD OP PAYMENT
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Method of Payment for Services and Expenses of ENGINEER.
5.1.1. For Basic Services. OWNER shall pay ENGINEER 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:
Services outlined in Section 1.2 through 1.6 - lump sum fee of $17,500.00.
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, bids 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 between OWNER and ENGINEER
and specifically set forth in this Agreement as a con-
dition thereto, the following will apply:
6.2.2.1. The acceptance by OWNER at any time
during the Basic Services of a revised opinion of
probable Total Project or Construction Costs in excess
of the then established cost limit will constitute a
corresponding revision in the Construction Cost limit
to the extent indicated in such revised opinion.
Page 12 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 the 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 limit.
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 the extent consistent with the Project's
requirements and with sound engineering practices.
In the case of (3). 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
services. 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 be liable for dam-
ages attributable to the lowest bona fide proposal or
bid exceeding the established Construction Cost.
SECTION 7—GENERAL CONSIDERATION
7.1. Termination.
The obligation to provide further services under this
Agreement may be terminated by either party upon
thirty days' written notice in the event of substantial
16 pages
failure 'y the other party to perform in accordance with
the terms hereof through no faa.t of the terminating
party
7.2. Reuse of Documents.
A:I documents Including Drawings and Specifications
prepared or furnished by ENGINEER rand ENGI-
NEER', .ndependen: professional associates and cot:
sultantsI pursuant :o :his Agreement are instruments
of ser -,ice in respect of the Project and ENGINEER
shall retain an ownership and property in:crest therein
whether or not the Projec::s completed. OWNER may
make and retain copies for information and reference
in:onnection wttr the use and occupancy of the Project
by OWNER and other. however. such documents are
not In:ended or represented to he suitable for reuse :+v
OWNER or others on extensions of ;he Project or o-
any other proiec:. Any reuse without written verifica-
tion or adaptation py ENGINEER for the specific pur-
pose intended will'te at OWNER', sole nsk ancwithout
Lability or legal exposure lo ENGINEER. or to ENG1-
NEER's independent professional associates or con-
saitanl,J .
•
R', n,dspe ads et
proIer,roi Gras uc'iates and eunsUha.I ] faint ail,lai,ll,.
da
‘11131I1
ft. tlo' ar adapt•
Y IIICIIII Un,. .41,. `inti IC, tI
•
un.,fc ENGINLC• ,,.S,,.h,
compensation a: rates to he ;Igreed upon by
anti INEE}3 . 1P1�
7.3. Insurance.
3.1 ENGINEER sha:: procure and :maintain insur-
ance ler protection from claims under workers' corr,-
pensalien acts. c.aims for damages heca,.se of bodily
injury mc,uding personal injury:, sickness or c:sease or
death of any and all employees or of any person other
than such employees. and from claims or damages
because of.nlury to ordeslrucson of property including
loss of use resulting therefrom
7.4. Controlling Law.
This Agreement i, to he governed by the law
principal place of business of ENGINEER
7.5. Successors and Assigns.
1): the
7.5.1. OWNER and ENGINEER each .s herehs hourst
and the partners. successors, exec,.tors. administrator
and legai represcntaus es of OWNER and ENGIN EE}
land to the extent permitted ky paragraph - 5.2 the
assigns of OWNER and ENGINEER. are herehs '-,uuni
to the other party to i`.n Agreement xnd to Inc partners
successors. executors. administrators and legal repre
sentativcs land sa.d assigns] of ,,.ch other party.
respect el a:I cosenants. agreements and obligations ov
tris Agreement.
7.5.1. Neither OWNER -or ENGINEER shall assign
sublet or transfer any rights under or interest in 1 nciud
ing, but without lirrnat.on. atones s that may hecomt
due or moneys that arc duet ;Ms Agreement withou'
the wntten consent of :he other. except to :he erten'
that any assignment. suhlettmg or transfer is mandatee
by aw or ;he elfe:t of :his 1.-atat:on may he resinc:et
by law. 1_ -less anectficalh stated :o tt:e contrary man
wntten consent 10 an assignment. no assignment sod
release or discrarge the assignor from any duty n!
responsibu::y under this Agreement. Nothing con-
tained in this paragraph snail prevent ENGINEER iron
entploy.ag such independent profess:oral associate.
and consultants as ENGINEER may deem appropriate
to assist in the performance of services herr,. -der.
" $.a. Notting .--der the, Agreement shall he con
strued lo give any. nights or hcncfits in this Ag -cement
to anyone other than OWNER and ENGINEER. anc
all outlet, and •esponeih•'ities undertaken pe.rsuant It
this Agreement ',sill he for the sole and exclusise benefit
of OWNER and ENGINEER and not for the benefit
of any other party
.The remainder of this pace was ter:'^Yank Intenhrnal:v.;
Page
l 16 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
Construction Industry Arbitration Rules of the Amer-
ican Arbitration Association then 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 5200.000
(exclusive of interest and costs) and the arbitrators will
not have jurisdiction. power or authority to render a
monetary award in response thereto against any party
which totals more than S200.000 (exclusive of interest
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 be
final, judgment may be entered upon it in any court
having jurisdiction thereof. and will not be subject to
modification or appeal except to the extent permitted
by Sections 10 and 11 of the Federal Arbitration Act
(9 U.S.C. §§10. 11).
[The remainder of this page was left blank intentionally.]
Page 14of 16 pages
•
•
SECTION 8—SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
8.1. This Agreement is subject to the following special provisions.
8.1.1. NONE
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 _2
pages.
8.2.2. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative"
consisting of 3 pages.
8.2.3. N/A
8.3. This Agreement (consisting of pages 1 to 16 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: ENGINEER:
HAWKIN$ IR ENGINE c S. NC
Address for giving notices: Address for giving notices:
411 Fayetteville Road
Van Buren, Arkansas 72956
Page 16. of 16 pages
EXHIBIT A TO AGREEMENT BETWEEN OWNER .AND
ENGINEER FOR PROFESSIONAL SERVICES. dated
19 ifor use with No. 1910.1. 1984 Editions.
Further Description of Basic Engineering Services and Related Matters
I. This is an exhibit attached to. made a part of and incorporated by reference into the Agreement made on
19 between Ci ry of Fayetteville Arlansaa (OWNER) and
(ENGINEER) providing for professional engineering services. The Basic Services of Engineer as described in
Section 1 of the .Agreement are amended or supplemented as indicated below and the time periods for the performance
of certain services as indicated in Section 4 of the Agreement are stipulated as indicated below.
2. During the Study and Report Phase ENGINEER shall:
(insert amendments or supplements to paragraph 1.2.)
The Study and Report Phase Services will be completed and the Report submitted within 15 calendar
days following written authorization from OWNER to ENGINEER to proceed with that phase of services.
3. During the Preliminary Design Phase ENGINEER shall:
(insert amendments or supplements to paragraph 1.3.)
The Preliminary Design Phase Services will be completed and ENGINEER's documentation and opinion of costs
submitted within 30 calendar days following written authorization from OWNER to ENGINEER to
proceed with that phase of services.
4. During the Final Design Phase ENGINEER shall:
insert amendments or supplements to paragraph 1.4.)
The Final Design Phase Services will be completed and Contract Documents and ENGINEER'S opinion of costs
submitted within 30 -alendar days following wntten authorization from OWNER to ENGINEER to
proceed with that phase of services.
;If :he construction work is :o be performed under more than one prime contract and the times of performance are
:o be staggered. :he provisions of paragraph 4. (: will probably apply and it will be necessary to prepare a special
schedule for the Final Design Phase Services.]
5. During the Bidding or Negotiating Phase ENGINEER shall:
(insert amendments or supplements to paragraph 1.5.)
[If the construction work is to be performed under more than one prime contract and the times of performance are
to be staggered. the provisions of paragraph 4.12 will probably apply and it will be necessary to prepare a special
schedule for the Bidding or Negotiating Phase Services.]
6. During the Construction Phase ENGINEER shall:
(insert amendments or supplements to paragraph 1.6.)
[If the construction work is to be performed under more than one prime contract and the times of performance are
to be staggered. the provisions of paragraph 4.12 will probably apply and it will be necessary to prepare a special
schedule for the Construction Phase Services.]
[If an outside date for completion of construction is to be added. it should be added here.]
Note: This change has to be coordinated with those in "4.1 and 4.7.
7. During the Operational Phase ENGINEER shall:
(insert amendments or supplements to paragraph 1.7)
[If an outside date for completion of all services is to be added, it should be added here.]
Note: This change is to be coordinated with those in "14'4.1 and 4.3.
Supplement :o Exr.ibtt A
_.
Supplement to ?aragrapn
Ju-r.g :he Study ard Report Phase -r.gir,err s,sai::
A. Prepare nvcroiogcai study of :lie drainage Sass for tact c. .e two cainage
sznczures. uss2 :he Raecra. Metnoc for pass up :o 200 acres anc .ne SCS
me:noc for 'ar_— oas:ns.
Suppiemer.t :o ?aragraar.:._. Dunne :one Preliminary ,esigr.
?bae
_^g,In=r
A. ?reaare Ce5.2" oases on Aransas Styx ='2hway Deozrznerst Stzncard
Cons -.._con DCX curve --.s a ;re.:.,,..na_ty arc
C esizn •wu a.so ',nc;uce an alters:.. 3es:en for a -e-.s: zu.ver. sec:.or.
Cost esamate for =cr. W .. pe ce:_rr:I:net anc pre<_ea ec :o rte
•
1
•
EXHIBIT BTO AGREEMENT BETWEEN OWNER AND
ENGINEER FOR PROFESSIONAL SERVICES. dated
19_ ifor use with No. 1910-1. 1984 Edition).
A LISTING OF THE DUTIES. RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
This is an Exhibit attached to, made a part of and incorporated by reference with the .Agreement made on
19__ , between City of Faye ttevill. Arkansas (OWNER) and (ENGINEER)
providing for professional engineering services.
ENGINEER shall furnish a Resident Project Representative (RPR). assistants and other field staff to assist
ENGINEER in observing performance of the work of Contractor.
Through more extensive on-site observations of the work in progress and field checks of materials and equipment
by the RPR and assistants. ENGINEER shall endeavor to provide further protection for OWNER against defec:s
and deficiencies in the work of CONTRACTOR: but. the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means. methods. techniques. sequences or procedures
or for safety precautions or programs. or responsibility for CONTRACTOR's failure to perform the Work in
accordance with the Contract Documents and in particular the specific limitations set forth in paragraph 1.6 of the
Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with
the OWNER and in the construction Contract Documents. and are further limited and described as follows:
A. General
RPR is ENGINEER'S agent at the site. will act as directed by and under the supervision of ENGINEER. and
will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work
shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR s dealings
with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall
generally communicate with OWNER with the knowledge of and under :he direction of ENGINEER.
B. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule, schedule of Shoo Drawing submittals and schedule of values
prepared by CONTRACTOR and consult with ENGINEER concerning acceptability.
Conferences and Meetings: .Attend meetings with CONTRACTOR. such as preconstruction conferences.
progress meetings. job conferences and other project -related meetings. and prepare and circulate copies
of minutes :hereof.
3. Liaison:
a. Serve as ENGINEER'S liaison with CONTRACTOR. working principally through CONTRACTOR s
superintendent and assist in understanding the intent of the Contract Documents: and assist ENGINEER
in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWN -
ER's on-site operations.
b. Assist in obtaining from OWNER additional details or information. when required for proper execution
of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by CONTRACTOR. and notify ENGINEER of avail-
ability of samples for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing
or sample if the submittal has not been approved by ENGINEER.
5. Review of Work. Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work
is in general proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory. faulty or defective or
does not conform to the Contract Documents. or has been damaged. or does not meet the requirements
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of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR
believes should be corrected or rejected or should be uncovered for observation. or requires special
testing, inspection or approval.
c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted
in the presence of appropriate personnel. and that CONTRACTOR maintains adequate records thereof;
and observe, record and report to ENGINEER appropriate details relative to the test procedures and
startups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project.
record the results of these inspections and report to ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of
the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as
issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR
decisions as issued by ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings
and samples, reproductions of original Contract Documents including all Work Directive Changes,
Addenda, Change Orders. Field Orders, additional Drawings issued subsequent to the execution of the
Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports,
and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data
relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site
visitors, daily activities, decisions, observations in general, and specific observations in more detail as
in the case of observing test procedures; and send copies to ENGINEER.
c. Record names. addresses and telephone numbers of all CONTRACTORS, subcontractors and major
suppliers of materials and equipment.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's
compliance with the progress schedule and schedule of Shop Drawing and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests. inspections or start of important phases
of the Work.
c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CON-
TRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes. and Field Orders.
d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident.
10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the estab-
lished procedure for their submission and forward with recommendations to ENGINEER, noting partic-
ularly the relationship of the payment requested to the schedule of values, Work completed and materials
and equipment delivered at the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates,
maintenance and operation manuals and other data required to be assembled and furnished by CON-
TRACTOR are applicable to the items actually installed and in accordance with the Contract Documents,
and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final
payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of
observed items requiring completion or correction.
b. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare
a final list of items to be completed or corrected.
c. Observe that all items on final list have been completed or corrected and make recommendations to
ENGINEER concerning acceptance.
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