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HomeMy WebLinkAboutEngineering Consulting Augusta Richmond GA DOCUMENT NAME: 6 ~i V1~eYI. Y\5 CD n S~ f-hJ DOC UMENTT YPE: A3 reemefl + . YEAR: C),rxD BOX NUMBER: I 0 FILE NUMBER: J4Qr;O NUMBER OF PAGES: J1 T "- f 'I ENGINEERING CONSULTING AGREEMENT THIS AGREEMENT is made as of this 18 day of July, 2000, by and between Augusta, Georgia, 801 Municipal Building, 530 Greene Street, Augusta, Georgia 30911 and KHAFRA Engineering Consultants, Inc.(Consultant), a Georgia corporation with an office at 230 Peachtree Street, Atlanta, Georgia. RE C I TAL S: Augusta desires to engage the Consultant to provide professional engineering services for Augusta, and the Consultant desires to accept such engagement, upon and subject to the terms and conditions ofthis Agreement. --......,.. NOW, THEREFORE, in consideration of the mutual covenants contained herein, Augusta and the Consultant hereby agree as follows: ARTICLE 1 ENGAGEMENT AND SCOPE 1.1 Augusta hereby engages the Consultant to provide professional engineering services in accordance with the Contract Documents (defined in Section 4.1 hereof), including .the Consultant's Technical Approach (the "Proposal"), which is Exhibit "A" attached hereto and made a part hereof, with respect to the AugustalRichmond Water & Sewer System GIS Update and the tasks described in Section 1.2 hereof (the "Work"), and the Consultant hereby accepts such engagement, upon the terms and conditions hereinafter set forth. 1.2 The Consultant shall provide, furnish and perform all necessary labor and services and provide and furnish all necessary supplies, materials and equipment required to complete the Work in accordance with the Contract Documents. Such services shall include updating the GIS system with information from the estimated 4000 as-built drawings such that the information can be integrated with the Maintenance Management System by George Butler and Associates, being purchased by Augusta. 1.3 If the Consultant is of the opinion that any services requested of it hereunder are beyond the scope of the Work as provided in the Contract Documents, the Consultant shall promptly notify Augusta in writing of such opinion and the reasons for the same, with specific references to the Contract Documents 1.4 No additional services beyond the scope of the Work as provided in the Contract Documents shall be performed by the Consultant unless Augusta determines that such Page 1 I' t' T work is beyond the scope of work as provided in the Contract Documents and shall, in writing, have specifically directed such services to be performed, and a Change Order (hereafter defined) shall have been signed by Augusta and the Consultant. In the event of noncompliance with the foregoing, the Consultant shall neither have nor make any claim for additional compensation by reason of a claim for additional services. 1.5 The term "Change Order" as used herein is a written order to the Consultant, issued and signed by Augusta after execution of this Agreement, authorizing a change in the Work or an adjustment in the Contract Price (hereafter defined) or the Term (hereafter defined). Unless the Consultant requests a modification in such Change Order, the Consultant shall sign the Change Order and return a copy thereof to Augusta within ten (10) business days after it has received the same. The Consultant shall have ten (10) business days from its receipt of a Change Order within which to request a modification thereto. .. Failure of Consultant to respond to a'Change Order within'such ten-(1'O} day period shall"- be deemed to signify Consultant's acceptance of such Change Order as if Consultant had signed the same without modification. If Consultant requests a modification of a Change Order, Augusta shall have thirty (30) business days from receipt of such request to accept such modification in writing. If not so accepted, such request is deemed to be rejected. ARTICLE 2 TERM AND FORCE MAJEURE 2.1 Subject only to Change Order(s) or the provisions for termination set forth in Article 12 below, the Consultant shall commence the work within seven '(7) days after the date of this Agreement and shall complete the same within nine months thereof. Time is of the essence to this Agreement. 2.2 If the Consultant is delayed at any time in the progress ofthe Work by labor disputes, fire, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any other causes beyond the Consultant's control and without the fault or negligence of Consultant, the Consultant shall prepare and submit to Augusta within five (5) calendar days of the occurrence a written report of its assessment of the occurrence and any proposed amendment to the Term. The Consultant shall proceed with due diligence to alleviate any such delay and shall continue in the performance of its obligations hereunder. Augusta may determine, in its sole discretion, after the receipt of such notice of delay from the Consultant, whether to terminate this Agreement in accordance with Article 12 hereof or extend the Term by Change Order for such time as Augusta may determine. ARTICLE 3 COMPENSATION AND METHOD OF PAYMENT Page 2 'T '1' T 3.1 Augusta shall pay Consultant a fee for completion of the work determined in accordance with the schedule of charges set forth in Exhibit "B". The fee payable to the Consultant hereunder shall not exceed two hundred forty eight thousand six hundred eighty dollars ($248,680) (the "Contract Price"), unless Consultant has requested and Augusta has authorized in writing an increased amount. Should the Consultant anticipate exceeding the Contract Price, it shall notify Augusta in writing and request a Change Order stating in detail the reasons why the Contract Price will be exceeded and the Consultant's best estimate of the number of hours and additional expenses the Consultant will require to complete the Work. If a request to increase the Contract Price is made but not accepted, Consultant shall still be obligated to continue providing services until the work is completed. If Augusta and the Consultant agree upon . --'a"modification to.the' Contract Price;"a'Change'Order shall be issuedwithrespectthereto.""'" " 3.2 Consultant shall submit an invoice monthly to Augusta for the Work performed and the charges therefor in the preceding month based on the number of units completed during that month. The invoice shall identify the total number of units (drawings scanned, digitized, attributes added to the data base) completed and delivered and will be calculated based on the contract price set forth in Exhibit "B". With each invoice, Consultant shall submit a monthly financial and technical progress report. Th'is monthly report shall, consistent with the Proposal, describe on a task basis the charges for the invoice period. The Consultant will notify Augusta when seventy-five percent (75%) and ninety percent (90%) of the Contract Price has been expended. The monthly report shall contain a statement that the Work is expected to be provided within the Term and the Contract Price or, if the Work is not expected to be so completed within the Term and for the Contract Price, it shall contain an explanation of the reason for the excess and the amount of excess. Each such invoice shall also contain Consultant's certification that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Consultant. 3.3 Unless different payment terms are identified in Exhibit "B", Augusta shall pay the full amount of an invoice within thirty (30) days after receipt of the invoice and accompanying financial report, prepared as described herein. If, however, Augusta objects to all or any portion of any invoice, Augusta shall so notify Consultant of the same, stating the reasons for the objection. Augusta shall be entitled to withhold payment of any amounts in dispute, but shall make payments on amounts not in dispute. The parties shall immediately make every effort to settle any disputed portion of the invoice. Page 3 I' If 'f' ARTICLE 4 CONTRACT DOCUMENTS 4.1 The Contract Documents consist of this Agreement, the attached Exhibit(s), all Amendments and all accepted Change Orders. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by anyone shall be deemed to be required by all. In the event of any conflict between the terms of this Agreement and the other Contract Documents, the terms of this Agreement shall control. ARTICLE 5 AUGUSTA'S RESPONSIBILITIES 5.1 Augusta shall direct its officers, agents, other consultants and employees to render all reasonable assistance and provide available data to the Consultant in connection with its performance of the Work under this Agreement. Augusta agrees to furnish to the Consultant copies of any previous reports, data and drawings which may be available and are pertinent to the Work. All such data provided shall remain the property of Augusta and shall be returned to Augusta promptly. ARTICLE 6 CONSUL T ANT'S REPRESENTATIONS, WARRANTIES AND RESPONSIBILITIES 6.1 The Consultant represents and warrants to Augusta that it has the authority to enter into this Agreement and to perform the Work, and that it is licensed and authorized to practice engineering and conduct business in the State of Georgia. The Consultant further represents and warrants that all Work performed by it hereunder (a) will be in conformance with the terms of the Contract Documents; (b) will be performed in a skillful and workmanlike manner; (c) will be performed by the proper number of experienced, skilled and licensed personnel, qualified by education and experience to perform their assigned tasks; and (d) will conform to the standard of care, skill and diligence exercised by professional engineers performing the same or similar services. 6.2 The Consultant shall at all times enforce strict discipline and good order among its emp)oyees and any subcontractors and'shall not employ for the Work (i) any person, firm or corporation not skilled and licensed, if required, in the task assigned to him, or (ii) anyone who might endanger himself, others or the project. The Consultant shall be responsible to Augusta for the acts and omissions of its employees, agents, subcontractors and other persons performing any of the Work for the Consultant. Augusta reserves the absolute right to require the immediate removal of any such unskilled, untrained or unfit person, firm or corporation from participation in the Work. Page 4 I ARTICLE 7 SUBCONTRACTS 7.1 A subcontractor is a person or entity who provides services or performs Work for the Consultant or for a subcontractor of Consultant. The Consultant shall not employ any subcontractor without the prior written consent of Augusta and shall obtain a written agreement with each subcontractor. As between Augusta and the Consultant, the Consultant shall be responsible for the acts and omissions of its subcontractors and any portion of the Work performed by a subcontractor. Augusta may make reasonable requests for information and data concerning any and all subcontractors -under this Agreement, and any other matter deemed by Augusta to be pertinent hereto, and the -Consultanthereby-'agrees-to submit such information and'-datapromptly'upon request. ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY 8.1 Consultant agrees to advise fully all of its employees, subcontractors and others working for the Consultant concerning environmental, safety and health procedures required by applicable state or federal law, regulation or order or required by Augusta; and to take the steps necessary to assure that such procedures are complied with. ARTICLE 9 INSURANCE 9.1 The Consultant agrees at all times during the Term of this Agreement to maintain in full force and effect the following insurance coverages in at least the limits set forth in Section 9.2: Worker's Compensation (including occupational disease in accordance with applicable statutory and regulatory requirements); Comprehensive General Liability insurance (including protective liability covering death or bodily injury and contractual . liability); and Professional Liability. insurance. Before commencement of any of the Work hereunder, the Consultant agrees to furnish to Augusta, on an annual renewal basis, certificates of insurance or other evidence satisfactory to Augusta to the effect that such insurance has been procured and is in force. The certificates shall accurately reflect the required insurance coverages, including any and all limitations, exclusions and restrictions, and provide that in the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to - Augusta. 9.2 For the purpose ofthis Agreement, Consultant shall carry the following types of insurance in at least the limits (which may be a combination of primary and excess coverage) specified below: Page 5 -4'- 'j' COVERAGES LIMITS OF LIABILITY Worker's Compensation Statutory General Liability, Including Bodily Injury, Property Damage and Contractual Liability $1,000,000 each Occurrence Automobile Liability, Including Bodily Injury and Property.Samage'....."-..'..-.....'.... $300,000 each Occurrence Professional Liability $1,000,000 each Occurrence ARTICLE 10 PATENTS, PUBLICATIONS AND TRADE SECRETS 10.1 Consultant agrees that it will not at any time, either while engaged hereunder by Augusta or afterwards, make any outside use of, or disclose to any other person or organization, except as authorized in writing by Augusta, any information, whether patentable or not, regarding plans, programs, facilities, designs, processes, products, costs, equipment, operations or customers of Augusta which comes within the knowledge of Consultant in the performance of the Work hereunder. 10.2 Consultant shall promptly disclose to Augusta any and all inventions, products, improvements, discoveries, writings and unwritten mental concepts, whether patentable or not, which are (i) conceived or made by Consultant during the period controlled by this Agreement or within one (1) year thereafter, (ii) related to the business or activities of Augusta, and (iii) conceived by Consultant as a result of its Work for Augusta. Consultant hereby agrees to assign all its interests therein to Augusta. Consultant shall execute any and all applications, assignments or other instruments which Augusta shall deem necessary to apply for and obtain Letters of Patent of the United States or any 'foreign country or to otherwise protect Augusta's interest therein for the disclosed inventions, discoveries, etc. These obligations shall continue beyond the termination of this Agreement or completion of the Work with respect to inventions, products, improvements, discoveries, writings and unwritten mental concepts (whether patentable or not) conceived, made 'or acquired by Consultant during the period of this Agreement or within one (1) year thereafter, and shall be binding upon Consultant's assigns, executors, administrators and other legal representatives. Consultant has identified on an attachment Page 6 r,' to this Agreement any inventions or discoveries which were conceived prior to the association of Consultant and Augusta, either wholly or in part, and which Consultant wishes to exclude from this Agreement. 10.3 In the event Consultant creates and desires to publish, produce or use for itself or others, any writings, drawings, photographs or computer software which relates to the business or activities of Augusta or which contains information received as a result of the Work performed for Augusta by Consultant, a draft manuscript or printout must be provided to Augusta by Consultant prior to publication, production or use. Under no circumstances will any publication, production or use by Consultant relating to the business or activities of Augusta or performance of the Work of the Consultant hereunder be allowed without prior written consent of Augusta. Consultant also agrees that any manuscript, article, book, pamphlet, advertisement, drawing, photograph or computer software produced for ..'.... -"-" .,-- -.-' -Augusta' by' Consultant is to be deemed-"work-forhire"'forwhich Augusta 'is -entitled to ."., 0"".____.. -". all copyrights and other benefits thereunder. ARTICLE 11 CONFIDENTIAL INFORMATION 11.1 Consultant recognizes and acknowledges that it will have access to certain confidential information of Augusta, and of authorities and other governmental entities affiliated with Augusta("Affiliated Entities"), and that such information constitutes valuable, special and unique property of Augusta, and such other Affiliated Entities. Consultant will not, during or after the term of this Agreement, use or disclose any of such confidential information to any person, firm, corporation, association or other entity, except to authorized representatives of Augusta and Affiliated Entities, for any reason or purpose whatsoever, other than in furtherariceof this Agreement. In the event of a breach or threatened breach by Consultant of the provisions of this Article 11, Augusta, and Affiliated Entities, shall be entitled to a temporary restraining order and/or a preliminary injunction restraining Consultant from using or disclosing, in whole or in part, such confidential information, and Consultant consents to the entry of such a temporary restraining order and/or preliminary injunction without the necessity of Augusta posting any bond in connection therewith, and agrees that it shall not assert any defenses to any petition filed by Augusta in a court of competent jurisdiction requesting such temporary restraining order and/or preliminary injunction, as the case may be. Nothing herein shall be construed as prohibiting Augusta, and Affiliated Entities, from pursuing any other remedies available to them for such breach or threatened breach, including the recovery of damages from Consultant. 11.2 The obligations of this Article 11 do not apply to information which: (a) is or becomes part of the public domain without the breach of any obligation of confidentiality owed to Augusta or the Affiliated Entities; or Page 7 'j' (b) is lawfully in the possession of Consultant at the time it was acquired hereunder without the breach of any obligation of confidentiality owed to Augusta or the Affiliated Entities; or (c) is required to be publicly disclosed under law. , (d) Consultant acknowledges that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Consultant shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. ." "'-"-'-.".'-' "....-.......,..-..,...-. .....J"., --'--ARTICLE 12 .'" TERMINATION 12.1 If either party is of the opinion th~t the other party has breached the terms of Agreement, it may give the other party thirty (30) days written notice of such breach. The other party shall have thirty (30) days to cure such breach and if it fails to do so, and it has in fact breached the Agreement, then the party giving such notice may terminate this Agreement. Upon completion ofthe Work, as accepted by Augusta, or upOQ. receipt of the aforesaid notice of termination, Consultant shall deliver to Augusta all of the following: (a) All draw~ngs, documents, reports( and all other work relating in any way to any portion of the Work. All Work remains the property of Augusta and may not be used by the Consultant, except by written agreement of Augusta, on any other project or for any other person, firm or corporation. (b) Executed Release of Liens.and Claims, stating that all bills have been paid and no claims exist against Augusta. (c) Final itemized invoice for payment. Consultant shall be paid for services performed in accordance with the Contract Documents to the date of termination less any setoffs which Augusta may have. ARTICLE 13 UNAUTHORIZED ACTS Page 8 'I' i" 13.1 Consultant represents and warrants to Augusta that it will make no disbursement or other payment of any kind or character or take or authorize the taking of any other action which contravenes any statute or rule, regulation or other order cif any jurisdiction, foreign or domestic. 13.2 Augusta may, from time to time, during the Term and thereafter, upon reasonable notice to Consultant, make an audit of all records of Consultant as they relate to the Work and any payments made by Augusta to Consultant under this Agreement for the same, and obtain copies of the same. 13.3 Consultant agrees to disclose honestly and fully all information and documentation in its possession concerning all transactions or events relating to or affecting Augusta or Affiliated Entities as and to the extent such information or documentation (i) was -acquired Of'developed by Consultant during- its' engagement'under this Agreement; and" '. - .....-.- (ii) is requested by Augusta or the authorized representative thereof; provided, that if the Consultant indicates that the information or documentation requested is privileged, confidential or personally sensitive, appropriate'steps will be taken to protect such privilege, confidentiality or privacy to the extent possible consistent with the ethical and legal obligations applicable to the Consultant, but such claim of privilege, confidentiality or sensitivity shall not diminish the unconditional obligation to disclose any such information or documentation to Augusta or its authorized representatives. 13.4 Consultant shall, at the request of Augusta, render a certificate or sworn affidavit to Augusta stating that Consultant has not violated any of the terms of this Article 13. ARTICLE 14 NOTICES 14.1 Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt requested, in a postage prepaid envelope addressed, if to Consultant, at the address set forth at the top of this Agreement and if to Augusta, at the address set forth at the top of this Agreement or to such other address(es) as either party shall designate by written notice to the other. ARTICLE 15 NONASSIGNMENT 15.1 Augusta has entered into this Agreement in order to receive the professional services of the Consultant. Subject to the provisions of Article 7 hereof, the Consultant will not make any assignment, by operation of law or otherwise, of all or any portion of the services required under this Agreement without first obtaining the written consent of Page 9 " Augusta. The rights and obligations of Augusta hereunder shall inure to the benefit of, and shall be binding upon, the successors and assigns of Augusta. ARTICLE 16 MISCELLANEOUS 16.1 The terms and provisions of Article 6, entitled "Consultant's Representations, Warranties and Responsibilities", Article 8, entitled "Protection of Persons and Property", Article 1 0, entitled "Patents, Publications and Trade Secretes", Article 11, entitled "Confidential Information", Article 12 entitled "Termination" and Article 13, entitled "Unauthorized Acts", shall survive the termination of this Agreement, howsoever brought about. 16.2 Consultant shall only take instructions from the person or persons who are authorized in ...._.O..H.___ '''-writing hY'Augusta-to give the same:'.' .,.---, .--- -.-....... "n -.-....-- ........, ..._-. ,--- ."u 16.3 The Work shall be performed by Consultant in such a manner and at such times so as to not interfere or interrupt Augusta's operations. 16.4 This Agreement does not and shall not be construed to create any partnership or agency whatsoever. 16.5 This Agreement shall be subject to and governed by the laws of the State in which the Facility is located. The Work and performance of same shall comply with all applicable . city, county, state and federal codes, rules, regulations and orders. 16.6 Failure to insist upon strict compliance with any provision hereof shall not be deemed a waiver of such provision or any other provision hereof. 16.7 This Agreement may not be modified except by Change Order or written Amendment executed by the parties hereto. 16.8 The invalidity or unenforceability of any provisio.n hereof shall not affect the validity or enforceability of any other provision. . 16.9 All claims, disputes and other matters in question between Augusta and the Consultant arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Consultant, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Page 10 IN WITNESS WHEREOF, of the parties have executed this Agreement effective as of the day and year first above written. cP^> By: rt, As its Mayor ,.... ~~ t.}..A- Khafra Engineering Consultants Inc. (Consultant) By: Name: Valentino Bates P.E. Title: Principal Page 11 EXHIBIT "A" .:. TECHNICAL APPROACH Augusta has begun the process of developing a comprehensive GIS database for both their sanitary sewer and water systems. The most progress has been made on the sewer system, which currently encompasses approximately 60% of the system and 75% of the sewer structures (estimated at 11,220 structures total I ). However, only limited elevation information is currently available in the GIS data. The effort to incorporate the estimated 1,500 miles of water mains of the water system has just begun. The goal ofthis project is to update the GIS system with information from the estimated 2,000 as-built , drawings currently stored by Augusta such that this information can be integrated with theMaintenance.... .-................---- ...'..... Management System being considered for purchase. >-CONVERSION OF EXISTING AS-BUILT DRAWINGS INTO DIGITAL FORMAT The as-built drawings will be scanned into a digital fonnat to facilitate incorporating the sewer and water information on them into the GIS system. Following the scanning process, the images will be corrected (rectified) for the coordinate system used by Augusta's GIS system. · Acquire existing as-built drawings and GIS data from Augusta. Before work begins, KHAFRA will obtain all relevant GIS layers from Augusta. These should include all streets, street centerlines, structures, parcels, topography, sewer lines, sewer structures (manholes), hydrants, water valves, pressure reducers, and water lines. All relevant databases Augusta may have that contain information relevant to the sewer or water systems should also be made available to KHAFRA for possible inclusion in the GIS data. Additional layers will be requested if needed. KHAFRA will acquire as-built drawings from Augusta and return them as they are scanned. · Scan drawings into electronic format. Using a large-format scanner, KHAFRA will convert the hard copy as-builts into Tag Image File Fonnat (TIFF) images at a resolution that allows all details from the original drawing to be legible. These files are supported by core ArcView and do not require any ArcView extensions to be loaded. · Geo-reference image files to the proper coordinate system for Augusta. Geo-referencing is the process by which a GIS works out the real-world coordinates of a digital image and positions it in its correct place in the GIS. Images are stored as raster data, where each cell in the image has a row and column number. The ArcView shapefiles used by Augusta are stored in real-world coordinates (1983 State Plane - Georgia East projection system). In order to display images with shapefiles, it is necessary to establish an image-to-world transfonnation that converts the image coordinates to real-world coordinates. KHAFRA will I Source: Technical Memorandum entitled "Utilities Department Background Information" dated January 6, 2000 prepared by the Utilities Department in association with CH2M Hill. utilize the Image Analyst extension of ArcView to facilitate this image-to-map rectification and store the rectified image as a GeoTIFF file. Survey control points will be used to perform this step when present on the as-builts. When control points are not available, the street centerlines and intersections will be used. The GeoTlFF file type includes the geo-referencing information with the image file to allow ArcView to automatically display the image in the correct location. · Compare rectified images of as-builts with existing GIS street centerlines. The first step of quality control will be the comparison of the rectified images with the existing GIS street centerlines. Any images not matching will be further rectified to the street centerlines. This will ensure that the sewer and water data digitized from the images will correctly align with the existing GIS data. ~ DIGITIZE AS-BUILTS INTO A GIS DATABASE WITH ATTRIBUTE ._.............,.JNF.OE1Y1.e.TION. .........._." ..._.......,..... ...' .~..,. , .... d'." ,... ...... __...,_ Once an image has been scanned and fully rectified, GIS technicians will digitize the sewer and water features into new ArcView shape files and record all available information requested by Augusta. · Create a custom application to aid in digitizing features and recording attribute data. Utilizing the scripting language used byArcView (Avenue), KHAFRA will develop tools to assist its GIS technicians with the digitizing process. These tools will prompt the technician to enter the appropriate information following the creation of a new feature. This data will then be recorded in the attribute table for the feature. · Digitize sanitary sewer manholes and water system into new ArcView shape files. The technician will load an as-built image into ArcView along with existing GIS information. He/she will then select the appropriate custom tool to create a sanitary sewer manhole, water main, valve, hydrant, or pressure reducer. The tool will construct the feature in the appropriate shape file and open a data entry dialog box to record the attribute data. This will ensure that all appropriate information for the new feature is recorded properly. · Record all necessary attribute data for digitized features. To speed the digitization process, much .ofthe attribute information for features of a particular as-built will default into the data entry form before it is displayed to the technician. The data entry fields will provide data validation to ensure that the data entered is appropriate for the field. The attribute information for each feature type is provided in Table Ion the following page. · Use Avenue to create a custom script to automate the construction of sanitary sewer lines. To reduce the amount of work required, the sewer lines will be constructed automatically using information collected during sewer manhole digitizing. As information is recorded for the manhole features of the sewer system, the upstream and downstream manhole attributes for . the associated sewer line will be recorded to a separate database along with the year installed, contractor, engineering company, pipe type, pipe diameter, invert from, invert to, slope, length, gravity, force main, and scan name. Gathering this information in one data entry step improves digitizing efficiency. A custom Avenue script will use this information along with the locations of the digitized manholes to automatically create a sewer line shapefile based on upstream and downstream manhole identifiers. Table 1 - Data Attributes Sewer Data Feature Attribute Manhole Manhole ID Basin Invert Elevation Rim Elevation Year Installed Contractor Engineering Company Grid " - ..-" . . . . " Sewer Mains/ ID Force Mains Basin Upstream Manhole Downstream Manhole Year Installed Pipe type Pipe Diameter _ Invert From Invert To Slope Length Gravity Force Main Scan Name Contractor Engineering Company ~"QAlQC GIS DATABASE Water Data Feature Attribute Mains ID Pressure Boundary Material Pressure Class Pipe Diameter Year Installed Contractor Engi~eering Company " " Scan Name Valves ID Size Valve Type Manufacturer Open Direction Status Hydrants ID Manufacturer Size Flow Data (optional) Pressure Reducer ID Man u facturer PSI High PSI Low Operation Status Size Throughout this project, every effort will be made to ensure that a reliable and useable product is produced. An important part of those efforts include quality assurance and quality control. Oversight and review at each step of the process will help to prevent systematic mistakes. Automated QA/QC will include automatic data validation discussed earlier and data scans performed on the new GIS data. . Automatically scan new GIS data to identify potential data entry errors. Once digitizing has been completed, KHAFRA will develop the necessary scripts to scan the new GIS data to verify data integrity. The first of these scans will deternline sewer line lengths and compare that to the length entered through data entry. The slope will also be calculated and compared. Discrepancies that exceed an acceptable tolerance (to be decided with input from Augusta) will be further investigated and corrected. . Identify discrepancies between existing GIS and new GIS data. Once the new GIS data has been verified and found to be accurate, the relative distance between features of the new GIS data and the existing GIS data will be determined. If this distance exceeds an Augusta-specifiedtolerance, the feature will be flagged and a map will be produced for Augusta investigation. · Turn over maps of discrepancies to Augusta for clarification. . Augusta personnel will clarify'any discrepancies between existing GIS data (GPS-located)-and the as-built information (digitized). · Update GIS data based on Augusta's findings. Upon receipt of these clarifications, KHAFRA will update the GIS information accordingly. ~ INTEGRATE NEW GIS DATA WITH EXISTING GIS DATA Following QA/QC review, Augusta's GIS data will be updated based on the following: · For new features located within an acceptable Augusta-specified tolerance of old features, populate existing GIS feature with new data. When features are found to be co-located, any information recorded by KHAFRA that is not already present in the existing GIS data will be recorded in the Augusta GIS data. · For new features not in the existing GIS system, add new GIS feature and data. Any features digitized by KHAFRA but not currently in the Augusta GIS data will be added to the Augusta GIS data. · Update rim elevations based on topographic interpolation. For any sewer system manhole features that do not have rim-elevations, KHAFRA will automatically interpolate an elevation using existing GIS topographic information and the ArcView 3-D Analyst extension. A data qualification field will be added to the manhole database that uses a schema approved by Augusta to identify the accuracy of the rim elevation. One such option would be 4 (highest level of accuracy) for surVeyed elevation, 3 for GPS recorded elevation, 2 for as-built information, and 1 (lowest level of accuracy) for interpolated elevation. · Incorporate additional data from Augusta that may be available. Any additional data that is applicable to the sewer or water system GIS attributes outlined in Table 1 can be incorporated into the Augusta's GIS data as a value-added component of this project. ~ DELIVERABLES · Scanned images. Although the nature of this project is to incorporate data into the GIS system, a byproduct of that effort is the creation of electronic images of Augusta archived drawings. The drawings that are currently stored at .various locations around Augusta will be reduced to a handful of compact discs. These images will be provided both in GeoTIFF format (for ArcView use) and in Adobe Acrobat "pdf' format suitable for distribution on an Intranet or the Internet. · GIS Databases. All GIS data compiled as a function of this project will be submitted to Augusta along with a data dictionary listing the features and attributes ofthe files. · ArcView Extension. Anoth'er value-.:added".cbrrlpone-ntbf this- project win be the submissiOlfoof 'an"Atc View.... extension that will allow a GIS user to automatically load an image of an as-built into their . ArcView GIS project simply by selecting either a sewer system or a water system feature. EXHIBIT "B" Each month, the deliverables will be in the form of a compact disc(s) containing all drawings that were scanned during the previous period and an updated electronic database of the Water and Sewer system. EXHIBIT "c" RELEASE OF LIENS AND CLAIMS (Consultant) Reference is made to the Engineering Consulting Agreement, together with all Change Orders thereunder (" Agreement"), by and between the undersigned ("Consultant") and Augusta, Georgia, dated , 20 In connection with the Agreement, Consultant warrants that there are no amounts owed by it or by any of its subcontractors, which could become the basis for a lien against the Facility described in the Agreement or any other property owned by Augusta, and that there exists no known 'liens; claims;'demands or causes'of action againstthe'Consultantoritssubcontractors'or' Augusta relating to the Work. IN WITNESS WHEREOF, Consultant has executed this release this _ day of ,20_ Consultant: Khafra Engineering Consultants, Inc. By: Title: ....-. '" BOND NO. 400KF9142 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): KHAFRA Engineering Consultants, Inc. 230 Peachtree Street, NW, Suite 200 Atlanta, Georgia 30303 Fidelity and Guaranty Insurance Company 5801 Smith Avenue Baltimore, Maryland 21209 OWNER (Name and Address): Augusta, Georgia 801 Municipal Building, 530 Greene Street Augusta, Georgia 30911 CONSTRUCTION CONTRACT Date: July 18, 2000 Amount: Two Hundred Forty Eight Thousand Six Hundred Eighty and 00/100 Dollars ($248,680.00) Description (Name and Location): Professional Engineering Services with respect to the Augusta/Richmond Water & Sewer GIS Update BOND Date (Not earlier than Construction Contract Date): August 14, 2000 Amount: Two Hundred Forty Eight Thousand Six Hundred Eighty and 00/100 Dollars ($248,680.00) Modifications to this Bond: [ X] None [ } See Page 3 / --- SURETY " Company: . ..(.Go?;607dle~?eal) FIDELITY AND GUARANTY INSURANCE tOMP.ANY~ ,61....~ ,:r ~. ". -;"':.~ '- , Signature: "" (.' -~, '. Name an aas, Att?rbeyf(f.~-F'act' - Signature: Name and Title: Vale s, President (Any additional signatures appear on page 3) J I' ~.." (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT OR BROKER: Hamilton Dorsey Alston Company 4401 Northside Parkway, Suite 400 Atlanta, Georgia 30327 770-850-0050 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT POND. DECEMBER 1984 ED.' AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N.W., WASHINGTON, D.C. 20006 THIl?n PI?INTINr.., MAI?(,H lQA7 A312-1984 1 . ' The Contractor and the Surety. jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference, 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3,1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3,2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3. the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4,2 Undertake to perform and complete the Construc- tion Contract itself. through its agents or through inde- pendent contractors; or 4,3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: . which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined. tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor, 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days atter receipt of an additional written notice trom the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner, If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability. in whole or in parI. without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and it the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities ot the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6,1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6,2 Additional legal. design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance ot the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations, No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. executors, administrators or successors. 8 The Surety hereby waives notice of any change. includ- ing changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions, 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor . Default or within two years after the Contractor ceased working or within two 'years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions ot this Paragraph are void or prohibited by law. the minimum period of limitation avail- .1 After investigation. determine the amount for AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT POND. DECEMBER 1984 ED,' AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 THI!;>II P!;>INTINl-.' MA!;>("H lQR7 A312-1984 2 t a .. .~ able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page, 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- torming to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common law bond, 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE tractor of any. amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled. re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto, 12.3 Contractor Default: Failure ot the Contractor, which has neither been remedied nor waived, to per- torm or otherwise to comply with the terms of the Construction Contract. 12,4 Owner Default: Failure of fhe Owner. which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Nome and Title: Address: SURETY Company: (Corporate Seal) Signature: Nome and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT POND. DECEMBER 1984 ED, . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW.. WASHINGTON, D.C. 20006 THIRl1 PRINTINl-.' MARrH lQR7 A312-1984 3 '1heStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 20917 Certificate No. 415217 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that Sf. Paul Fire and Marine InsunUlce Company, Sf. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Patricia Adamson, Alex D. Haas, John C. Hamilton, Joseph W. Hamilton, III and Anne Porter of the City of Atlanta , State Georgia , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its nmne as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law, IN WITNESS WHEREOF, the Companies have ,caused this instrument to be signed this 1st day of September 1999 Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. MJ. J- '? ~-A- MICHAEL B. KEEGAN. Vice PresIdent State of Maryland City of Baltimore ~ R. )..Ac.~, '-' -- J, '-' '. - ... ---- - ,/ 'C - 2/,'-j ,~.." ~ 2 '- -" .....'v ,...._.~ ,::: ., , \ "- " \",\..",\,'\'':- ''OJ l,.. ,~.~~..\"\"s"". '-- - ' ,:"'. ',' BOND NO. 400KF9142 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 Payment Bond Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): KHAFRA Engineering Consultants, Inc. 230 Peachtree Street, NW, Suite 200 Atlanta, Georgia 30303 Fidelity and Guaranty Insurance Company 5801 Smith Avenue Baltimore, Maryland 21209 OWNER (Name and Address): Augusta, Georgia 801 Municipal Building, 530 Greene Street Augusta, Georgia 30911 CONSTRUCTION CONTRACT Date: July 18,2000 Amount: Two Hundred Forty Eight Thousand Six Hundred Eighty and 00/100 Dollars (S248,680.00) Description (Name and Location): Professional Engineering Services with respect to the Augusta/Richmond Water & Sewer GIS Update BOND Date (Not earlier than Construction Contract Date): August 14, 2000 Amount: Two Hundred Forty Eight Thousand Six Hundred Eighty and 00/100 Dollars ($248,680.00) Modifications to this Bond: [ X] None [ } See Page 3 President SURETY Company: ," .(0qrpc)rote tS~al) FIDELITY AND GUARANTY INSURANCE COMP-ANY, /~~~~~ ,.,{\r". ;;.r .~ .; fr : .- Signature: ~,; : . -.-:-..... ".-: - .~ Name and Title: A!ex D aas, AnorJ~ey~jh-~act CONTRACTOR AS Company: KHAFRA ENG (Corporate Seal) NSULTANTS, INC. (Any additional signatures appear on page 6) 'r (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT OR BROKER: Hamilton Dorsey Alston Company 4401 Northside Parkway, Suite 400 Atlanta, Georgia 30327 770-850-0050 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT POND. DECEMBER 19B4 ED,' AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D,C. 20006 THI!;>II P!;>INTINr-.. hAA!;>rH lQA7 A312-1984 4 <. . 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for lobar, materials and equipment furnished for use in the perfor- mance of the Construction Contract. which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation sholl be null and void if the Contractor: 2.1 Promptly makes payment. directly or indirectly, for 011 sums due Claimants, and . 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demond, lien or suit is for fhe payment for lobar, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation sholl be null and void if the Contractor promptly makes pay- ment. directly or indirectly, for all sums due. 4 The Surety sholl have no obligation to Claimants under this Bond until: 4.1 Claimants who ore employed by or have 0 direct contract with the Contractor hove given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that 0 claim is being mode under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not hove 0 direct contract with the Contractor: .1 Hove furnished written notice to the Con- tractor and sent 0 copy, or notice thereof. to the Owner, within 90 days after having lost performed labor or lost furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the lobar was done or performed; and ,2 Hove either received 0 rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent 0 written notice to the Surety (at the address described in Paragraph 12) and sent 0 copy, or notice thereof. to the Owner, stating that a claim is being mode under this Bond and enclosing 0 copy of the previous written notice furnished to the Contractor. 5 If 0 notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient complio.nce. . 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send on answer to the Claimant. with 0 copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. t The Surety's total obligation sholl not exceed the amount of this Bond, and the amount of this Bond sholl be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract sholl be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that 011 funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and sholl hove under this Bond no obli- gations to make payments to, give notices on behalf of. or otherwise hove obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the dote (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clouse 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract. whichever of (lIar (2) first occurs. If the provisions of this Paragraph are void or prohibited by low, the minimum period of limitation available to sureties as 0 defense in the jurisdiction of the suit sholl be applicable. 12 Notice to the Surety the Owner or the Contractor sholl be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with 0 statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement sholl be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT POND. DECEMBER 1984 ED.' AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 THIJ;>n PJ;>INTlN~. MAJ;>,H lQA7 A312-1984 5 .' ,~. .- ~ond sholl be construed as 0 statutory bond and not as a common low bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or sholl permit a copy to be mode. 15 DEFINITIONS 15.1 Claimant: An individual or entity having 0 direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond sholl be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light. heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE Construction Contract. architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and 011 other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT POND. DECEMBER 1984 ED.' AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRII PRINTlNl-.' I\AARrH lQA7 A312-1984 6 ... . ~ TheStRlul POWER OF ATTORNEY . Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company i"idelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 20917 Certificate No. 415216 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance. Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Patricia Adamson, Alex D. Haas, John C. Hamilton, Joseph W. Hamilton, III and Anne Porter of the City of Atlanta , State Georgia , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. . IN WITNESS WHEREOF, the Companies have caused this instrument to be signed this 1st day of September 1999 Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. ~y~ fWl.!!!~ @ ~~~ ~ ~TED ~~"'"U "~~~. 1951 ~~~~~\~~ ~~\J State of Ma?,land ~~ O~"'l ,,~ ~'\) CIty of Baltimore S ~ "S ~ ~ MICHAEL R. MCKIBBEN, Assistant Secretary On thiS 1 st day of Se temb~~~ ~"i'9.Q9 ~~\;[O/e me, the undersigned officer, personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to Q.~ lce P-re's.Jge'rit a~~~1Si"ant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurant~ompall~'S~F\Ul.MfI;t.M fnsurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and G~ranty.J~~'fe Und!~~'fers, Inc. and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing t1ie\names of thJJ,rporations by themselves as duly authorized officers. ;,@EAS~ In WitnessJVhereof,l hereunto set my hand and official seal. ,!O'v~Y?: MJ. J-- ~ ~>I'- MICHAEL B. KEEGAN, Vice President ~ R. ~c.~ ....... -" ". .~'o '.0 -L:.:.;. == ,C.. ~~~~ .::-./ ~ :--.- ~~ ,.:'- - '- ~ ~':.'~'~S'~- ./ vC}.. ....-~ \\.....-'"..> .... _,,'- . ~lo.\.' "" ~, \" ",l.i' ',\.'