HomeMy WebLinkAbout1-98 RESOLUTION•
RESOLUTION NO 1- 9 8
A RESOLUTION APPROVING A LETTER AGREEMENT WITH
GREEN -ANDERSON ENGINEERS, INC. IN THE AMOUNT OF
APPROXIMATELY $28,000, PLUS ESTIMATED
REIMBURSABLE COSTS OF $2,500, FOR ENGINEERING
SERVICES FOR THE PROPOSED HEATING, VENTILATION
AND AIR CONDITIONING SYSTEM IMPROVEMENT
PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS.
Section t. That the City Council hereby approves a letter agreement with Green -
Anderson Engineers, Inc. in the amount of approximately $28,000, plus estimated reimbursable costs
of $2,500, for engineering services for the proposed heating, ventilation and air conditioning system
improvement project. A copy of the letter agreement is attached hereto marked Exhibit "A" and
made a part hereof.
PASS D AND APPROVED this SAL day of January , 1998.
APPROVED:
ATTEST: 1
By U/)�� , /in �1 °
Traci Smith, City Clerk
•
By:
Fred Hanna, Mayor
al
ENGINEERS, Inc.
Green
Anderson
2233 N. Green Acres Rd. Fayetteville, Arkansas 72703. Rhone: (501) 442-4682 / FAX: (501) 442-0413
December 4, 1997
City of Fayetteville
AlTM Mr Harold Dahlinger
101 W. Mountain Street
Fayetteville, Ar 72701
RE: Mechanical Upgrade / City Administration Building
Fayetteville, Arkansas
Dear Mr. Dahlinger,
We propose to render professional engineenng services in connection with the above
referenced project to improve / upgrade the heating, ventilation, and air conditioning (HVAC)
system. Our services will consist of preparing a study and report, preliminary design, final
design documents, assistance during bidding or negotiating, construction administration and
assistance during the operational phase all as set forth in the printed General Provisions as
modified which are attached to this letter. We will also furnish such additional services as you
may request.
The fee for our basic services is equal to eight percent (8%) of the construction cost of the
project which is currently estimated at Three Hundred Fifty Thousand Dollars ($350,000).
Additional services you may request will be charged on the basis of the following hourly rates:
Principal Engineer
Project Engineer
Design Engineer
Senior Designer
CADD/Drafter I
CADD/Drafter II
Word Processor 1
Word Processor ll
$90.00
$65.00
$50.00
$50.00
$25.00
$30.00
$25.00
$30.00
Reimbursable expense including architectural and structural engineering services if required,
incurred in connection with all basic and additional services, will be charged on the basis of
actual costs which is currently estimated at Twenty Five Hundred Dollars ($2500). We will bill
you monthly for services and reimbursable expenses The above financial arrangements are
on the basis of prompt payment of our bills and an orderly and continuous progress of the
project through construction.
1
Proposal for City Administration Building
Mechanical Upgrade
Page 2 of 2
Dec. 4, 1997
We expect to start our services promptly after receipt of your acceptance of this proposal and
to complete the final design documents within 3 months. All the basic services referenced
herein should be completed within 10 months of receipt of acceptance of this proposal. If there
are protracted delays for reasons beyond our control, we would expect to negotiate with you
and equitable adjustment of our compensation.
It is necessary that you advise us in writing at an early date if you have budgetary Imitations
for total project cost or construction cost. We must accept any such limitations as being
realistic and will then endeavor to work within those limitations. We do not guarantee that our
estimates of costs will not different materially from negotiated prices or bids. If you wish
greater assurance as to probable construction costs or if you wish formal estimates, an
independent cost estimator should be employed.
Services are to be rendered in the customary phases which together with the general
understandings applicable to our relationship with you, are set forth in the printed General
Provisions which are attached to and made a part of this proposal Your particular
responsibilities are also set forth in the General Provisions.
This proposal and the General Provisions consisting of nine (9) pages represent the entire
understanding between you and us in respect to the project and may only be modified in
writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement,
we would appreciate your signing the enclosed copy of this letter in the space provided below
and returning it to us.
Sincerely,
0 heki/44r----
0. Michael Green, P E
President
Accepted this (o M day of Jail u a t y , 1998
City of Fay$teville, Arkansas
BY:
Mot
or Fred War) n rn
This document has important legal consequences; consultation with an attorney is encouraged with
respect to its completion or modification.
STANDARD FORM OF
LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
(WITH GENERAL PROVISIONS ATTACHED)
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
NATIONAL
SOCIETY OF'
PROFESSIONAL
ENGINEERS
AMMO wY
AMERICAN
SOCIETY Of
CIVIL
ENGINEERS
rouNcin
1552
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
EJCDC No. 1910-2 (1985 Edition)
Reprinted 3/90
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
f
GENERAL PROVISIONS
Attached to and made a part of LETTER AGREE-
MENT, dated December 4 19 97 between
City of Fayetteville (OWNER)
and Green Anderson Fhg'- Tnc(ENGINEER)
in respect of the Project described therein.
SECTION I—BASIC SERVICES OF ENGINEER
1.1. General.
1.1.1. ENGINEER shall perform 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 cia41...Etwciivaal.
mechanical and electrical engineering services ews
y 1.1...,.,.....Lila . 0'6.1 V 49..••••3 lila GI
1.2. Study and Report Phase.
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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 3.2, and assist
OWNER in obtaining such data and services.
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
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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,
`er `ntpre t and f____:__ Qharga- and for other
services to be provided by others for OWNER pursuant
to paragraph 3.2. The total of all such costs, allowances,
etc. are hereinafter called "Total Project Costs."
1.2.7. Furnish five copies of the Study and Report doc-
uments and review them in person with OWNER.
The duties and responsibilities of -ENGINEER d„r;nb
.••- - - . . . . .. . ...
th.. Da,.r:pt:ons of Basic E..g:„c.,:ns Sc,.;c.., a..J
iLlut,.d Matt, 3".
1.3. Preliminary Design Phase.
After written authorization to proceed with the Prelim-
inary Design Phase, ENGINEER shall:
1.3.1. In consultation with OWNER and on the basis
of the accepted Study and Report documents, deter-
mine the general scope, extent and character of the
Project.
1.3.2. Prepare Preliminary Design documents consist-
ing of final design criteria, preliminary drawings, outline
specifications and written descriptions of the Project.
1.3.3. Advise OWNER if additional data or services
of the types described in the first subparagraph of para-
graph 3.2 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.
ragraph 3 of Exhibit -1
"Fancer D s.,irt;e„ of Bas;c C..a;....;..b S.. rice/
1.4. Final Design Phase.
titer written authorization to proceed with the Final
Design Phase, ENGINEER shall:
1.4.1. On the basis of the accepted Preliminary Design
•:ocuments and the revised opinion of probable Total
'reject Costs. prepare for incorporation in the Contract
)ocuments final drawings to show the general scopte,
xtent and character of the work to be furnished and
ierformed by Contractor(s) (hereinafter called "Draw-
--igs") and Specifications (which will be prepared in
onformance with the sixteen division format of the
Construction Specifications Institute).
:.4.2. Provide technical criteria, written descriptions
nd design data for OWNER's use in filing applications
•'or permits with or obtaining approvals of such gov-
rnmental authorities as have jurisdiction to approve
he design of the Project, and assist OWNER in con-
ultations with appropriate authorities: "
1.4.3. Advise OWNER of any adjustments to the latest
pinion of probable Total Project Costs caused by
hanges in general scope, extent or character or design
equirements of the Project or Construction Costs. Fur-
iish to OWNER a revised opinion of probable Total
'roJect Costs based on the_Drawings-and Specifica-
ions.
.4.4. Prepare for review and approval by OWNER,
is legal counsel and other advisors contract agreement
orms, general conditions and supplementary condi-
ions, and (where appropriate) bid forms. invitations to
)id and instructions to bidders (all of which shall be
'onsistent with the forms and pertinent guide sheets
)repared by the Engineers' Joint Contract Documents
:ommittee), and assist in the preparation of other related
locuments.
.4.5. Furnish five copies of the above documents and
f the Drawings and Specifications and present and
eview them in person with OWNER.
ale duties and responsibint;ea of ENGINEER du, i„g
m.fatters!'.
.5. Bidding or Negotiating Phase.
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 Contractor(s) when substitution prior
to the award of contractsis 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.
zupplemented as indicated in paragraph 5 f E thib:t A
"Further Descripti n f Basic Engineering Sere;e...s
and Related Matte, s".
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 OWN ER'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 andauthority of ENGI-
NEER as assigned in said Standard General Conditions
shall not be modified, exeept t the extent provided in
kfter written authorization to proceed with the Bidding
'r Negotiating Phase, ENGINEER shall:
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xcept
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
1
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behalf of OWNER to the extent provided in said Stan-
dard General Conditions except as otherwise provided
in writing.
1.6.2. Visits to Site and Observation of Construction.
In connection with observations of the work of Con-
tractor(s) while it is in progress:
1.6.2.1. ENGINEER shall make visits to the site
at intervals appropriate to the various stages of con-
struction as ENGINEER deems necessary in order
to observe as an experienced and qualified design
professional the progress and quality of the various
aspects of Contractor(s)' work. I.ti ie,., EN6110
site to assist ENGIN[s6R and to provide m re eon
$ased 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 Pr ject Reprecentati'• (and
-any assistants) will be ENCINEER'a agcnt or
e ay1eyee-a„d e,r:e, ENGINEER'S Aye, r;.,;e,,. TI,,
,.f tl.s_ R‘3;d",.
Authority of R...,id,...t P eject R,p.c.,c..taG.J'.
1.6.2.3. The purpose of ENGINEER's visits to
semefiloe-(euel-arssisAau4srif-awbus the site will be to
enable ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by
ENGINEER during the Construction Phase, and, in
addition, by exercise of ENGINEER's efforts as an
experienced and qualified design professional, to pro-
vide for OWNER a greater degree of confidence that
the completed work of Contractor(s) will conform
generally to the Contract Documents and that the
integrity of the design concept as reflected in the
Contract Documents has been implemented and pre-
served by Contractor(s). On the other hand, ENGI-
NEER shall not, during such visits or as a result of
such observations of Contractor(s)' work in progress,
supervise, direct or have control over Contractor(s)'
work nor shall ENGINEER have authority over or
responsibility for the means, methods, techniques,
sequences or procedures of construction selected by
Contractor(s), for safety precautions and programs
incident to the work of Contractor(c) or for any failure
of Contractor(s) to comply with laws, rules, regula-
tions, ordinances, codes or orders applicable to Con -
3
tractor(s) furnishing and performing their wort
Accordingly, ENGINEER can neither guarantee th
performance of the construction contracts by Cot
tractor(s) nor assume responsibility for Contra(
tor(s)' failure to furnish and perform their work i
accordance with the Contract Documents.
1.6.3. Defective Work. During such visits and on th
basis of such observations, ENGINEER may disal
prove of or reject Contractor(s)' work while it is i
progress if ENGINEER believes that such work wi
not produce a completed Project that conforms ger
erally to the Contract Documents or that it will prejt
dice the integrity of the design concept of the Projet
as reflected in the Contract Documents.
1.6.4. Interpretations and Clarifications. ENGINEE
shall issue necessary interpretations and clarificatior
of the Contract Documents and in connection therewit
prepare work directive changes and change orders t
required.
1.6.5. Shop Drawings. ENGINEER shall review an
approve (or take other appropriate action in respect o
Shop Drawings (as that term is defined in the aforesai
Standard General Conditions), samples and other dat
which Contractor(s) are required to submit, but on!
for conformance with the design concept of the Proje.
and compliance with the information given in the Cot
tract Documents. Such reviews and approvals or othl
action shall not extend to means, methods, technique
sequences or procedures of construction or to safet
precautions and programs incident thereto.
1.6.6. Substitutes. ENGINEER shall evaluate ar
determine the acceptability of substitute materials ar.
equipment proposed by Contractor(s), but subject t
the provision of the second subparagraph of paragrar
2.1.2.
1.6.7. Inspections and Tests. ENGINEER shall has
authority, as OWNER's representative, to require sp,
tial inspection or testing of the work, and shall receir
and review all certificates of inspections, testings ar
approvals required by laws, rules, regulations, ord
nances, codes, orders or the Contract Documents (bi
only to determine generally that their content compli(
with the requirements of, and the results certified ind
tate compliance with, the Contract Documents).
1.6.8. Disputes between OWNER and Contracto
ENGINEER shall act as initial interpreter of th
requirements of the Contract Documents and judge r
the acceptability of the work thereunder and make dec
sions on all claims of OWNER and Contractor(s) rela
ing to the acceptability of the work or the interpretatic
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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 ordecisions rendered in good fait h.
1.6.9. Applications for Payment. E:.:cd on ENGI-
NEER's on-site observations as an experienced and
qualified design professional, on information provided
by the Resident Project -Representative and on review
of applications for payment and the accompanying data
and schedules:
1.6.9.1. ENGINEER shall determine the amounts
owing to Contractor(s) and recommend in writing
payments to Contractor(s) in such amounts. Such
recommendations of payment will constitute a rep-
resentation to OWNER. based on such observations
and review, that the work has progressed to the point
indicated. and that, to the best of ENGINEER's
knowledge, information and belief. the quality of
such work is generally in accordance with the Con-
tract Documents (subject to an evaluation of such
work as a functioning whole prior to or upon Sub-
stantial Completion, to the results of any subsequent
tests called for in the Contract Documents and to any
other qualifications stated in the recommendation).
In the case of unit price work, ENGINEER's rec-
ommendations of payment will include final deter-
minations of quantities and classifications of such
work (subject to any subsequent adjustments allowed
by the Contract Documents).
1.6.9.2. By recommending any payment ENGI-
NEER will not thereby be deemed to have repre-
sented that exhaustive, continuous or detailed reviews
or examinations have been made by ENGINEER to
check the quality or quantity of Contractor(s)' work
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
4
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)' Comp/than 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 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 ofinspec-
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 awn employees and agents) at the site
or otherwise furnishing or performing any of the Con-
tractor(s)' work; however, nothing contained in para-
graphs 1.6.1 thru 1.6.11, inclusive, shall be construed
to release ENGINEER from liability for failure to prop-
erly perform duties and responsibilities assumed by
ENGINEER in the Contract Documents.
1.7. Operational Phase.
During Operational Phase, ENGINEER shall, when
requested by OWNER:
1.7.2. Pun con„C_t,en ..ith
1.7.3. Assist OWNER in training OWNER's staff to
operate and maintain the Project.
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1.7.4. Assist OWNER in developing systems and pro-
cedures for control of the operation and maintenance
of and record keeping for the Project.
1.7.5. Prepare a set of reproducible record prints of
Drawings showing those changes made during the con-
struction process, based on the marked -up prints, draw-
ings and other data furnished by Contractor(s) to ENGI-
NEER and which ENGINEER considers significant.
1.7.6. In company with OWNER, visit the Project to
observe any apparent defects in the completed con-
struction, assist OWNER in consultations and discus-
sions with Contractor(s) concerning correction of such
deficiencies, and make recommendations as to replace-
ment or correction ofdefective work.
Tftc dt.tics and responsibilities of -ENG 'c Fp a^^^g
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es indicated in paragraph 7 of Exhibit A "Ferthtu
Deseripti n of Basic Engineering Services and Related
SECTION 2—ADDITIONAL SERVICES OF
ENGINEER
2.1. Normal and customary engineering services do not
include service in respect of the following categories
of work which are usually referred to as Additional
Services.
2.1.1. If OWNER wishes ENGINEER to perform
any of the following Additional Services, OWNER
shall so instruct ENGINEER in writing. and ENGI-
NEER shall perform or obtain from others such ser-
vices and will be paid therefor as provided in the
Letter Agreement:
— Preparation of applications and supporting docu-
ments for governmental financial support of the
Project in addition to those required under Basic
Services; preparation or review of environmental
studies and related services; and assistance in
obtaining environmental approvals.
— Services to make measured drawings of or to inves-
tigate existing conditions or facilities.
— Services resulting from significant changes in the
general scope, extent or character of the Project
or major changes in documentation previously
accepted by OWNER where changes are due to
causes beyond ENGINEER's control.
— Providing renderings or models.
—Preparing documents for alternate bids requested
by OWNER for work which is not executed or for
out -of -sequence work.
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—Detailed consideration of operations, maintenai
and overhead expenses: value engineering and
preparation of rate schedules, earnings and expei
statements, cash flow and economic evaluatio
feasibility studies, appraisals and valuations.
— Furnishing the services of independent prof
sional associates or consultants for other than Be
Services.
— If ENGINEER's compensation for Basic Servit
is not on the basis of Direct Labor or Salary Cos
services resulting from the award of more than c
prime contract for construction, materials, equ
ment or services for the Project. or from the ct
struction contract containing cost plus or inti
Live -savings provisions for Contractor's ba
compensation, or from arranging for performar
by persons other than the principal prime contr
tors or from administering OWNER's contra
for such services.
—Services in connection with field surveys for des
purposes and engineering surveys and staking
the work of Contractor(s).
— Services during out-of-town travel other than vi•
to the site.
—Preparation of operating and maintenance manu
to supplement Basic Services under paragraph 1.7
- Preparing to serve or serving as a consultant
witness in any litigation. arbitration or other le
or administrative proceeding except where requi
as part of Basic Services.
2.1.2. When required by the Contract Document:
circumstances beyond ENGINEER's contr
ENGINEER shall perform or obtain from others t
of the following Additional Services as circumstant
require during construction and without waiting
specific instructions from OWNER, and EN(
NEER will be paid therefor as provided in the Let
Agreement:
— Services in connection with work directive than
and change orders to reflect the changes reques
by OWNER if the resulting change in compen
tion for Basic Services is not commensurate v,
the additional services rendered.
—Services in making revisions to Drawings t
Specifications occasioned by the acceptance
substitutions proposed by Contractor(s); servit
after the award of each contract in evaluating r
determining the acceptability of an unreasona
or excessive number of substitutions proposed
Contractor; and evaluating an unreasonable
extensive number of claims submitted by G
tractor(s) or others in connection with the wor
—Services resulting from significant delays. chap,
or price increases occurring as a direct or indir
result of material, equipment or energy shortages.
—Additional or extended services during construc-
tion made necessary by (1) work damage by fire
or other causes during construction, (2) a signifi-
cant amount of defective or neglected work of any
Contractor, (3) acceleration of the progress cched-
ule involving services beyond normal v,orking
hours, (4) default by any Contractor.
SECTION 3—OWNER'S RESPONSIBILITIES
;.1. OWNER shall provide all criteria and full infor-
nation as to OWNER's requirements for the Project;
lesignate a person to act with authority on OWNER's
,ehalf in respect of all aspects of the Project; examine
Ind respond promptly to ENGINEER's submissions;
tnd give prompt written notice to ENGINEER when -
:ver OWNER observes or otherwise becomes aware
3f any defect in the work.
3.2. OWNER shall also do the following and pay all
:osts incident thereto:
— Furnish to ENGINEER borings, probines and sub-
surface explorations, hydrographic surveys, labo-
ratory tests and inspections of samples, materials
and equipment; appropriate...professional interpre-
tations of all of the foregoing; environmental assess-
ment and impact statements; property. boundary,
easement, right-of-way, topographic and utility sur-
veys; property descriptions; zoning and deed restric-
tions; all of which ENGINEER may rely upon in
performing services hereunder.
— Guarantee access to and make all provisions for
ENGINEER to enter upon public and private prop-
erty.
— Provide such legal, accounting, independent cost
estimating and insurance counseling services as may
be required for the Project, any auditing service
required in respect of Contractor(s)' applications for
payment, and any inspection services to determine
if Contractor(s) are performing the work legally.
— Provide engineering surveys to establish reference
points for construction.
— Furnish approvals and permits from all governmental
authorities having jurisdiction over the Project.
—If more than one prime contractor is to be awarded
for construction, designate a -party to have respon-
sibility and authority for coordinating the activities
of the various prime contractors.
3.3. OWNER shall pay all costs incident to obtaining
bids or proposals from Contractor(s).
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SECTION 4—MEANING OF TERMS
4.1. As used herein the term "this Agreement" refers
to the Letter Agreement to which these General Pro-
visions are attached and to these General Provisions,
Exhibit A "Further Description of Basic Engineering
Services and Related Matters" and Pvh;h;t u „nnt;Pc.
R..spois;L;l;t;c, and L;,,1;tut;o1„ cif AutL.,,.ty 0f
, as if they were part of
one and the same document.
4.2. 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 dam-
ages to, properties unless this Agreement so specifies,
nor will it include OWNER's legal, accounting, insur-
ance counseling or auditing services, or interest and
financing charges incurred in connection with the Proj-
ect or the cost of other services to be provided by others
to OWNER pursuant to paragraph 3.2. [Construction
Cost is one of the items comprising Total Project Costs
which is defined in paragraph 1.2.6.]
4.3. Direct Labor 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; but does not include indirect payroll related
costs or fringe benefits. For the purposes of this Agree-
ment the principals of ENGINEER and their, current
hourly Direct Labor Costs are:
NIq
The hourly Direct Labor Costs of principals of ENGI-
NEER will he adjusted equitably to reflect changes in
personnel and in ENGINEER's overall compensation
procedures and practices.
4.4. 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 Proj-
ect, including, but not limited to, engineers, architects,
surveyors, designers, draftsmen, specification writers,
estimators, other technical and business personnel; plus
,the cost of customary and statutory benefits including,
'but not limited to, social security contributions, unem-
ployment, excise and payroll taxes, workers' compen-
sation, health and retirement benefits, sick leave, vaca-
tion and holiday pay and other group benefits. For the
purposes of this Agreement, the principals of ENGI-
NEER and their current hourly Salary Costs are:
NIA
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.
4.5. 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
thereto; obtaining bids or proposals from Contractor(s);
providing and maintaining field office facilities including
furnishings and utilities; bsistenee ^-a
taruut toll telephone calls and telegrams; reproduction
of reports, Drawings, Specifications, Bidding Docu-
ments and similar Project -related items in addition to
those required under Section I; and if authorized in
advance by OWNER, overtime work requiring higher
than regular rates.
Diroct Labor Costs r Payr II C sts methed-of-pay:
• fo, ce,,,twtertime-and-ethe-r-ham l., s ialiaee _
meat, ins ed+ng-anapprepciate-charge for previously
pr duction techniques times a factor of
ssIffr}required, sterrvices of Architect,
MIS
Shi T10N 1c;ELLANEOUSr consultants
is considred reimbursable expense.
5.1. 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
7
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 professional associates or con-
sultants, and OWNER shall indemnify and hold harm-
less ENGINEER and ENGINEER'S independent
professional associates and consultants from all claims,
damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom. Any such verifi-
cation or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER
and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of labor,
materials, equipment or services furnished by others,
or over the Contractor(s)' methods of determining prices,
or over competitive bidding or market conditions,
ENGINEER'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 judg-
ment as an experienced and qualified professional engi-
neer, familiar with the construction industry but
ENGINEER cannot and doesnot 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 3.2. ENGINEER's services to modify the
Contract Documents to bring the Construction Cost
within any limitation established by OWNER will be
considered Additional Services and paid for as such by
-OWNER.
5.3. Other Provisions Concerning Payments.
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, ENGI-
NEER 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.
5.4. Termination.
The obligation to provide further services under this
Agreement may be terminated by either party upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance with
the terms hereof through no fault of the terminating
party. In the event of any termination. ENGINEER
will be paid for all services rendered to the date of
termination, all Reimbursable Expenses and termina-
tion expenses.
5.5. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
5.6. Successors and Assigns.
5.6.1. 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 5.6.2 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.
5.6.2. 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 be restricted
by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will
release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing con-
tained in this paragraph shall prevent ENGINEER from
employing such independent professional associates
and consultants as ENGINEER may deem appropriate
to assist in the performance of services hereunder.
5.6.3. Nothing under this Agreement shall be con-
. strued to give any rights or benefits in this Agreement
to anyone other than OWNER and ENGINEER, and
al] duties and responsibilities undertaken pursuant to
this Agreement will be for the sole and exclusive benefit
of OWNER and ENGINEER and not for the benefit
of any other party.
5.7. Arbitration.
5.7.1. 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
8
4
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
5.7.3 and 5.7.4 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 5.7 will be specifically enforceable under the
prevailing law of any court having jurisdiction.
5.7.2. 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.
5.7.3. 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 $200,000
(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 $200,000 (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).
5.7.4. 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.
5.7.5. By written consent signed by all the parties to
this Agreement and containing a specific reference hereto,
the limitations and restrictions contained in paragraphs
5.7.3 and 5.7.4 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 $200,000
(exclusive of interest and costs) or which is with any
party not specifically described therein.
5.7.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court
having,jursidiction 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. §§I0, 11).
[The remainder of this page was left blank intentionally.]
9
•
•
•
RESOLUTION NO 160-98
f41 -a -h -
USitvA
;limeAchnS
-fro Cen4i,
A RESOLUTION APPROVING A CONTRACT AMENDMENT
WITH GREEN -ANDERSON ENGINEERS IN THE AMOUNT
NOT TO EXCEED $25,029 FOR ADDITIONAL SERVICES DUE
TO CONSTRUCTION COSTS FOR THE HVAC RENOVATION
OF THE CITY ADMINISTRATION BUILDING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves a contract amendment with Green -
Anderson Engineers in the amount not to exceed $25,029 for additional services due to construction
costs for the HVAC renovation of the city administration building; and authorizes the Mayor and
City Clerk to execute said contract. A copy of the contract amendment is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED,aAND APPROVED this 1 day of December , 1998.
/7,kPYE7j�` ',.
c
J.
AT LEST>
B
Heather Woodruff, City Clerk