HomeMy WebLinkAboutJOHNSON LASCHOBER AND ASSOCIATES FOR PRFESSIONAL SERVICES EASTVIEW COMMUNITY CENTER
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of May 21,2008, ("Effective Date") between
Augusta-Richmond County
("O\VNER") and Johnson, Laschober and Associates, P.C.
("ENGINEER).
O\VNER intends to Construct a asphalt walking track at Eastview Community Center in Augusta, Georgia
("Proiect").
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 1 of12
: ARTICLE 1 - SERVICES OF ENGINEER
1.01 Scope
A. ENGINEER shall provide the Basic and
Additional Services set forth herein and in Exhibit A.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin Basic Services as set
forth in Exhibit A.
ARTICLE 2 - OWNER'S RESPONSIBILITIES
2.01 General
A. O\VNER shall have the responsibilities set forth
herein and in Exhibit B.
ARTICLE 3 - TIMES FOR RENDERING SERVICES
3.01 General
A. ENGINEER's services and compensation under
this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Project through
completion. Unless specific periods of time or specific
dates for providing services are specified in this Agreement,
ENGINEER's obligation to render services hereunder will
be for a period which may reasonably be required for the
completion of said services.
B. If in this Agreement specific periods of time for
rendering services are set forth or specific dates by which
services are to be completed are provided, and if such
periods of time or dates are changed through no fault of
ENGINEER, the rates and amounts of compensation
provided for herein shall be subject to equitable adjustment.
If OWNER has requested changes in'the scope, extent, or
character of the Project, the time of performance of
ENGINEER's services shall be adjusted equitably.
C. For purposes of this Agreement the term "day"
means a calendar day of 24 hours.
3.02 Suspension
A. If OWNER fails to give prompt written
authorization to proceed with any phase of services after
completion of the immediately preceding phase, or if
ENGINEER's services are delayed through no fault of
ENGINEER, ENGINEER may, after glVlng seven days
written notice to O\VNER, suspend services under this
Agreement.
B. If ENGINEER's services are delayed or
suspended in whole or in part by OWNER, or if
ENGINEER's services are extended by,
Contractor's actions or inactions for more than 90
days through no fault of ENGINEER, ENGINEER
shall be entitled to equitable adjustment of rates
and amounts of compensation provided for
elsewhere in this Agreement to reflect, reasonable
costs incurred by ENGINEER in connection with,
among other things, such delay or suspension and
reactivation and the fact that the time for
performance under this Agreement has been
revised.
C. Term for Convenience
ARTICLE 4 - PAYMENTS TO ENGINEER
4.01 Methods of Payment for Services and
Reimbursable Expenses of ENGINEER
A. For Basic Services. O\VNER shall pay
ENGINEER for Basic Services performed or furnished
under Exhibit A, Part 1, as set forth in Exhibit C.
B. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or furnished
under Exhibit A, Part 2, as set forth in Exhibit C.
C. For Reimbursable Expenses. In addition to
payments provided for in paragraphs 4.01.A and 4.01.B,
O\VNER shall pay ENGINEER for Reimbursable Expenses
incurred by ENGINEER and ENGINEER's Consultants as
set forth in Exhibit C.
4.02 Other Provisions Concerning Payments
A. Preparation of Invoices. Invoices will be prepared
in accordance with ENGINEER's standard invoicing
practices and will be submitted' to OWNER by
ENGINEER, unless otherwise agreed. The amount billed in
each invoice will be calculated as set forth in Exhibit C.
B. Payment of Invoices. Invoices are due and
payable within 30 days of receipt
C. Disputed Invoices. In the event of a disputed or
contested invoice, only that portion so contested may be
withheld from payment, and the undisputed portion will be
paid.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 2 of 12
D. Payments Upon Termination.
. 1. In the event of any termination ,under
paragraph 6.06, ENGINEER will be entitled to
invoice O\VNER and will be paid in accordance with
Exhibit C for all services performed or furnished and
all Reimbursable Expenses incurred through the
effective date of termination.
2. In the event of termination, the terminiation
expenses are in addition to the compensation for Basic
and Additional services, and include expenses which
are directly attributable to termination.
E. Records of ENGINEER's Costs. Records of
ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement shall be k~pt in
accordance with generally accepted accounting practices.
To the extent necessary to verify ENGINEER's charges and
upon OWNER's timely request, copies of such records will
be made available to OWNER at cost.
F. Legislative Actions. In the event of legislative
actions after the Effective Date of the Agreement by any
level of government that impose taxes, fees, or costs on
ENGINEER's services or other costs in connection with
this Project or compensation therefor, such new taxes, fees,
or costs shall be invoiced to and paid by OWNER as a
Reimbursable Expense to which a Factor of 1.0 shall be
applied. Should such taxes, fees, or costs be imposed, they
shall be in addition to ENGINEER's estimated total
compensation.
ARTICLE 5 - OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. ENGINEER's opinions of probable Construction
Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and
qualified professional generally familiar with the industry.
However, 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
cannot and does not guarantee that proposals, bids, or actual
Construction Cost will not vary from opinions of probable
Construction Cost prepared by ENGINEER. If O\VNER
wishes greater assurance as to probable Construction Cost,
OWNER shall employ an independent cost estimator as
provided in Exhibit B.
5.02
Designing to Construction Cost Limit
A. If a Construction Cost limit is established between
O\VNER and ENGINEER, such Construction Cost limit
and a statement of ENGINEER's rights and responsibilities
with . respect thereto will be specifically set forth in
Exhibit F, "Construction Cost Limit," to this Agreement.
5.03 Opinions of Total Project Costs
A. ENGINEER assumes no responsibility for the
accuracy of opinions of Total Project Costs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.01 Standards of Performance
A. The standard of care for all professional
engineering and related services performed or furnished by
ENGINEER under this Agreement will be the care and skill
ordinarily used by members of ENGINEER's profession
practicing under similar circumstances at the same time and
in the same locality. ENGINEER makes no warranties,
express or implied, under this Agreement or otherwise, ill
connection with ENGINEER's services.
B. ENGINEER shall be responsible for the technical
accuracy of its services and documents resulting therefrom,
and OWNER shall not be responsible for discovering
deficiencies' therein. ENGINEER shall correct such
deficiencies without additional compenSation except to the
extent such action is directly attributable to deficiencies in
O\VNER-furnished information.
C. ENGINEER snaIl perform or furnish professional
engineering and related services in all phases of the Project
to which this Agreement applies. ENGINEER shall serve
as OWNER's prime professional for the Project.
ENGINEER may employ such ENGINEER's Consultants
as ENGINEER deems necessary to assist in the
performance or furnishing of the services. ENGINEER
shall not be required to employ any ENGINEER's
Consultant unacceptable to ENGINEER.
D. ENGINEER and O\VNER shall comply with
applicable Laws or Regulations and OWNER-mandated
standards. This Agreement is based on these requirements
as of its Effective Date. Changes to these requirements after
the Effective Date of this Agreement may be the basis for
modifications ,to OWNER's responsibilities or to
ENGINEER's scope of services, times of performance, or
compensation.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 3 of 12
E. OWNER shall be responsible for, and
ENGINEER may rely upon, the accuracy and completeness
of all requirements, programs, instructions, reports, data,
and other information furnished by OWNER to
ENGINEER pursuant to this Agreement. ENGINEER may
use such requirements, reports, data, and information in
performing or furnishing services under this Agreement.
F. O\VNER shall make decisions and carry out its
other responsibilities in a timely manner and shall bear all
costs incident thereto so as not to delay the services of
ENGINEER.
G. Prior to the commencement of the Construction
Phase, OWNER shall notify ENGINEER of any variations
from the language indicated in Exhibit E, "Notice of
Acceptability of Work," or of any other notice or
certification that ENGINEER will be requested to provide
to OWNER or third parties in connection with the Project.
O\VNER and ENGINEER shall reach agreement on the
terms of any such requested notice or certification, and
O\VNER shall authorize such Additional Services as are
necessary to enable ENGINEER to provide the notices or
certifications requested.
H. ENGINEER shall not be required to sign any
documents, no matter by whom requested, that would result
in the ENGINEER'~ having to certify, guarantee or warrant
the existence of conditions whose existence the ENGINEER
cannot ascertain. . O\VNER agrees not to make resolution of
any dispute with the ENGINEER or payment of any amount
due to the ENGINEER in any way contingent upon the
ENGINEER's signing any such certification.
1. During the Construction Phase, ENGINEER shall
not 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, for safety precautions and programs incident to
the Contractor's work in progress, nor for any failure of
Contractor to comply with Laws and Regulations applicable
to Contractor's furnishing and performing the Work.
1: ENGINEER neither guarantees the performance of
any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform the Work in
accordance with the Contract Documents.
K. ENGINEER shall not be responsible for the acts or
omissions of any Contractor( s), subcontractor or supplier, or
of any of the Contractor's agents or employees or any other
persons (except ENGINEER's own employees) at the Site
or otherwise furnishing or performing any of the-
Contractor's work; or for any decision made on
interpretations or clarifications of the Contract Documents
given by OWNER without consultation and advice of
ENGINEER.
L. The General Conditions for any construction
contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction Contract"
as prepared by the Engineers Joint Contract Documents
Committee (Document No. 1910-8, 1996 Edition) unless
both parties mutually agree to Use other General Conditions
as specifically referenced in Exhibit 1:
6.02 Authorized Project Representatives
A. Contemporaneous with the execution of this
Agreement, ENGINEER and O\VNER shall designate
specific individuals to act as ENGINEER's and O\VNER's
representatives with respect to the services to be performed
or furnished by ENGINEER and responsibilities of
OWNER under this Agreement. Such individuals shall
have authority to transmit instructions, receive information,
and render decisions relative to the Project on behalf of
each respective party.
6.03 Design without Construction Phase Services
OMITTED
6.04 Use of Documents
A. All Documents are instruments of service in respect
to this Project, and ENGINEER shall retain an ownership
and property interest therein (including the right of reuse at
the discretion of the ENGINEER) whether or not the
Project is completed.
B. Copies of OWNER-furnished data that maybe
relied upon by ENGINEER are limited to the printed copies
(also known as hard copies) that are delivered to the
ENGINEER pursuant to Exhibit B. Files in electronic
media format of text, data, graphics, or of other types that
are furnished by OWNER to ENGINEER are only for
convenience of ENGINEER. Any conclusion or
information obtained or derived from such electronic files
will be at the user's sole risk.
C. Copies of Documents that may be relied upon by
OWNER are limited to the printed copies (also known as
hard copies) that are signed or sealed by the ENGINEER.
files in electronic media format of text, data, graphics, or of
other types that are furnished by E~GINEER to OWNER
are only for convenience of O\VNER. Any conclusion or
information obtained or derived from such electronic files
will be at the user's sole risk.
Standard Form of Agreement
Between Owner and Engineer for.Professional Se~ices
Page 4 of 12
D. Because data stored in electronic media format can
deteriorate or be modified inadvertently or otherwise
without authorization of the data's creator, the party
receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the party delivering
the electronic files. ENGINEER shall not be responsible to
maintain documents stored in electronic media format after
acceptance by O\VNER.
E. When transferring documents in electronic media
format, ENGINEER makes no representations as to long
term compatibility, usability, or readability of documents
resulting from the use of software application packages,
operating systems, or computer hardware differing from
those used by ENGINEER at the beginning of this Project.
F. OWNER may make and retain copies of Documents
for information and reference in connection with use on the
Project by O\VNER. Such Documents are not intended or
represented to be suitable for reuse by O\VNER or others
on extensions of the Project or on any other project. Any
such reuse or modification without written verification or
adaptation by ENGINEER, as appropriate for the specific
purpose intended, will be at O\VNER's sole risk and
without liability or legal exposure to ENGINEER or to
ENGINEER's Consultants. O\VNER shall indemnify and
hold harmless ENGINEER and ENGINEER's Consultants
from all claims, damages, losses, and expenses, including
attorneys' fees arising out of or resulting therefrom
G. If there is a discrepancy between the electronic files
and the hard copies, the hard copies govern.
H. Any verification or adaptation of the Documents
for extensions of the Project or for any other project will
entitle ENGINEER to further compensation at rates to be
agreed upon by O\VNER and ENGINEER.
6.05 Insurance
A. ENGINEER shall procure and maintain insurance
as set forth in Exhibit G, "Insurance."
B. OWNER shall procure and maintain insurance as
set forth in Exhibit G,"Insurance." O\VNER shall cause
ENGINEER and ENGINEER's Consultants to be listed as
additional insureds on any general liability or property
insurance policies carried by O\VNER which are applicable
to the Project. ' ,
C. OWNER shall require Contractor to purchase and
maintain general liability and other insurance as specified in
the Contract Documents and to cause ENGINEER and
ENGINEER's Consultants to be listed as additional
insureds with respect to such liability and other insurance
purchased and maintained by Contractor for the Project
D. OWNER and ENGINEER shall each deliver to the
other certificates of insurance evidencing the coverages
indicated in Exhibit G. Such certificates shall be furnished
prior to commencement of ENGINEER's services and at
renewals thereafter during the life of the Agreement.
E. All policies of property insurance shall contain
provisions to the effect that ENGINEER's and
ENGINEER's Consultants' interests are covered and that in
the event of payment of any loss or damage the insurers will
have no rights of recovery against any of the insureds or
additional insureds thereunder.
F. At any time, O\VNER may request that
ENGINEER, at OWNER's sole expense, provide additional
insurance coverage, increased limits, or revised deductibles
that are more protective than those specified in Exhibit G.
If so requested by OWNER, with the concurrence of
ENGINEER, and if commercially available, ENGINEER
shall obtain and shall require ENGINEER's Consultants to
obtain such additional insurance coverage, different limits,
or revised deductibles for such periods of time' as requested
by O\VNER, and Exhibit G will be supplemented to
incorporate these requirements.
6.06 Termination
A. The obligation to provide :further services under
this Agreement may be terminated:
1. For cause,
a. By either party upon 7 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.
b. By ENGINEER:
1) upon 7 days written notice if
ENGINEER believes that ENGINEER is
being requested by O\VNER to furnish or
perform services contrary to ENGINEER's
responsibilities as a licensed professional; or
2) upon 7 days written notice if the
ENGINEER's services for the Project are
delayed or suspended for more than 90 days
for reasons beyond ENGINEER's control.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 5 of 12
3) ENGINEER shall have no liability
to OWNER on account of such termination.
c. Notwithstanding the foregoing, this
Agreement will not terminate as a result of such
substantial failure if the party receiving such notice
begins, within seven days of receipt of such notice,
to correct its failure to perform and proceeds
diligently to cure such failure within no more than
30 days of receipt thereof; provided, however, that
if and to the extent such substantial failure cannot
be reasonably cured within such 30 day period,
and if such party has diligently attempted to cure
the same and thereafter continues diligently to cure
the same, then the cure period provided for herein
shall extend up to, but in no case more than, 60
days after the date of receipt of the notice.
2. For convenience,
a. By OWNER effective upon the receipt of
notice by ENGINEER.
B. The terminating party under paragraphs 6.06.A.1
or 6.06.A.2 may set the effective date of termination at a
time up to 30 days later than otherwise provided to allow
ENGINEER to demobilize personnel and equipment from
the Site, to complete tasks whose value would otherwise be
lost, to prepare notes as to the status of completed and
uncompleted tasks, and to assemble Project materials in
orderly fIles.
6.07
Controlling Law
A. This Agreement is to be governed by the law of
the state in which the Project is located.
6.08 Successors, Assigns, and Beneficiaries
A. 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 6.08.B the assigns of
O\VNER ,and ENGINEER) are hereby bound to the other
party to this Agreement and to the partners, successors,
executors, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants,
agreements and obligations of this Agreement.
B. Neither OWNER nor ENGINEER may assign,
sublet, or transfer any rights under or interest (including, but
without limitation, moneys that are due or may become due)
in this Agreement without the written consent of the other,
except to the extent that any assignment, subletting, or
transfer is mandated or 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.
C. Unless expressly provided otherwise in this
Agreement:
1. Nothing in this Agreement shall be construed
to create, impose, or give rise to any duty owed by
O\VNER or ENGINEER to any Contractor,
Contractor's subcontractor, supplier,' other individual
or entity, or to any surety for or employee of any of
them
2. All 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. The OWNER agrees
that the substance of the provisions of this paragraph
6.08.C shall appear in the Contract Documents.
6.09 Dispute Resolution
A. OWNER and ENGINEER agree to negotiate all
disputes between them in good faith for a period of 30 days
from the date of notice prior to exercising their rights under
Exhibit H or other provisions of this Agreement, or under
law. All disputes shall be be determined in Superior Court
of Richmond County. It is agreed that venue and
jurisdiction is proper in said court.
6.10
Hazardous Environmental Condition
A. OWNER represents to Engineer that to the best of
its knowledge a Hazardous Environmental Condition does
not exist.
B. OWNER has disclosed to the best of its
knowledge to ENGINEER the existence of all Asbestos,
PCB's, Petroleum, Hazardous Waste, or Radioactive
Material located at or near the Site, including type, quantity
and location.
C. If a Hazardous Environmental Condition is
encountered or alleged, ENGINEER shall have the
obligation to notify OWNER and, to the extent of
applicable Laws and Regulations, appropriate governmental
officials.
D. It is acknowledged by both parties that
ENGINEER's scope of services does not include any
services related to a Hazardous Environmental Condition.
In the event ENGINEER or any other party encounters a
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 6 of 12
Hazardous Environmental Condition, ENGINEER may, at
its option and without liability for consequential or any
other damages, suspend performance of services on the
portion of the Project affected thereby until O\VNER: (i)
retains appropriate specialist consultant( s) or contractor( s)
to identify and, as appropriate, abate, remediate, or remove
the Hazardous Environmental Condition; and (ii) warrants
that the Site is in full compliance with applicable Laws and
Regulations.
E. OWNER acknowledges that ENGINEER is
performing professional services for O\VNER and that
ENGINEER is not and shall not be required to become an
"arranger," "operator," "generator," or "transporter" of
hazardous substances, as defined in the Comprehensive
Enviroiunental Response, Compensation, and Liability Act
of 1990 (CERCLA), which are or may be encountered at or
near the Site in connection with ENGINEER's activities
under this Agreement.
F. If ENGINEER's services under this Agreement
cannot be performed because of a Hazardous
Environmental Condition, the existence of the condition
shall justify ENGINEER's terminating this Agreement for
cause on 30 days notice.
6.11 Allocation of Risks
A. Indemnification
1. To the fullest extent permitted by law,
ENGINEER shall indemnify and hold harmless
O\VNER, O\VNER's officers, directors, partners, and
employees from and against any and all costs, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other
dispute resolution costs) caused solely by the negligent
acts or omissions of ENGINEER or ENGINEER's
officers, directors, partners, employees, and
ENGINEER's Consultants in the performance and
furnishing of ENGINEER's services under this
Agreement.
2. To the fullest extent permitted by law,
O\VNER shall indemnify and hold harmless
ENGINEER, ENGINEER's officers, directors,
partners, employees, and ENGINEER's Consultants
from and against any and all costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals,
and all court or arbitration or other dispute resolution
costs) caused solely by the negligent acts or omissions
of OWNER or OWNER's officers, directors, partners,
employees, and OWNER's consultants with respect to
this Agreement or the Project.
6.12 Notices
A. Any notice required under this Agreement will be
in writing, addressed to the appropriate party at its address
on the signatUre page and given personally, or by registered
or certified mail postage prepaid, or by a commercial
courier service. All notices shall be effective upon the date
of receipt.
6.13 Survival
A. All express representations, indemnifications, or
limitations of liability included in this Agreement will
survive its completion or termination for any reason.
6.14 Severability
A. Any provision or part of the Agreement 'held to be
void or unenforceable under any Laws or Regulations shall
be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close
as possible to expressing the intention of the stricken
provision.
6.15 Waiver
A. Non-enforcement of any provision by either party
shall not constitute a waiver of that provision, nor shall it
affect the enforceability of that provision or of the
remainder of this Agreement.
6.16 Headings
A. The headings used in this Agreement are for
general reference only and do not have special significance.
ARTICLE 7 - DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the
Exhibits hereto) and printed with initial or all capital
letters, the terms listed below have the meanings
indicated, which are applicable to both the singular and
plural thereof:
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 7 of 12
1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Documents.
12. Construction Cost--The cost to O\VNER of
those portions of the entire Project designed or
specified by ENGINEER. Construction Cost does not
include costs of services of ENGINEER or other
design professionals and consultants, cost of land,
rights-of-way, or compensation' for damages to
properties, or OWNER's costs for legal, accounting,
insurance counseling or auditing services, or interest
and fInancing charges incurred in connection with the
Project, or the cost of other services to be provided by
others to O\VNER pursuant to Exhibit B of this
Agreement. Construction Cost is one of the items
comprising Total Project Costs.
2. Additional Services-- The services to be
performed for or furnished to O\VNER by ENGINEER
in accordance with Exhibit A, Part 2 of this Agreement.
3. Agreement--This "Standard Form of
Agreement between O\VNER and ENGINEER for
Professional Services," including those Exhibits listed
in Article 8 hereof.
4. Application for Payment--The form
acceptable ,to ENGINEER which is to be used by
Contractor in requesting progress or final payments for
the completion of its Work and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
13. Contract Documents--Documents that
establish the rights and obligations of the parties
engaged in construction ahd' include the Construction
Agreement between OWNER and Contractor,
Addenda (which pertain to the Contract Documents),
Contractor's Bid (including documentation
accompanying the Bid and any post-Bid documentation
submitted prior to the notice of award) when attached
as an exhibit to the Construction Agreement, the notice
to proceed, the bonds, appropriate certifications, the
General Conditions, the Supplementary Conditions, the
Specifications and the Drawings as the same are more
specifically identified in the Construction Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders, and
ENGINEER's written interpretations and clarifications
issued on or after the Effective Date of the
Construction Agreement. Approved Shop Drawings
and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
5. Asbestos--Any material that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety
and Health Administration.
6. Basic Services-- The services to be performed
for or furnished to OWNER by ENGINEER in
accordance with Exhibit A, Part 1, of this Agreement.
7. Bid-- The offer or proposal of the bidder
submitted on the prescribed, form setting forth the
prices for the Work to be performed.
8. Bidding Documents-- The advertisement or
invitation to Bid, instructions to bidders, the Bid form
and attachments, the Bid bond, if any, the proposed
Contract Documents, and all Addenda, if any.
14. Contract Price--The moneys payable by
O\VNER to Contractor for completion of the Work in
accordance with the Contract Documents and as stated
in the Construction Agreement.
9. Change Order--A document recommended by
ENGINEER, which is signed by Contractor and
OWNER to authorize an addition, deletion or revision
in the Work, or an adjustment in the Contract Price or
the Contract Times, issued on or after the Effective
Date of the Construction Agreement.
15. Contract Times--The numbers of days or the
dates stated in the Construction Agreement to:
(i) achieve Substantial Completion, and (ii) complete
the Work so that it is ready for [mal payment as
evidenced by ENGINEER's written recommendation
of final payment.
10. Construction Agreement--The written
instrument which is evidence of the agreement,
contained in the Contract Documents, between
O\VNER and Contractor covering the Work.
16. Contractor--An individual or entity with
whom O\VNER enters into a Construction Agreement.
11. Construction Contract--The entire and
integrated written agreement between the OWNER and
Contractor concerning the Work.
17. Correction Period-- The time after Substantial
Completion during which Contractor must correct, at
no cost to OWNER, any Defective Work, normally one
year after the date of Substantial Completion or such
longer period of time as may be prescribed by Laws or
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 8 of 12
Regulations or by the terms of any applicable special
guarantee or specific provision of the Contract
Documents.
26. Hazardous Environmental Condition--The
presence at the Site of Asbestos, PCB's, Petroleum,
Hazardous Waste, or Radioactive Materials in such
quantities or circumstances that may present a
substantial danger to persons or property exposed
thereto in connection with the Work.
18. Defective--An adjective which, when
modifying the word Work, refers to Work that is
unsatisfactory, faulty, or deficient, in that it does not
conform to the Contract Documents, or does not meet
the requirements of any inspection, reference standard,
test, or approval referred to in the Contract Documents,
or has been damaged prior to ENGINEER's
recommendation of fmal payment.
27. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section 1004
of the Solid Waste Disposal Act (42 USC Section
6903) as amended from time to time.
19. Documents--Data, reports, Drawings,
Specifications, Record Drawings, and other
deliverables, whether in printed or electronic media
format, provided or furnished in appropriate phases by
ENGINEER to OWNER pursuant to this Agreement.
28. Laws and Regulations; Laws or Regulations--
Any and all applicable laws, rules, regulations,
ordinances, codes, standards,' and orders of any and all
governmental bodies, agencies, authorities, and courts
having jurisdiction.
29. PCB's--PolycWorinated biphenyls.
20. Drawings--That part of the Contract
Documents prepared or approved by ENGINEER
which graphically shows the scope, extent, and
character of the Work to be performed by Contractor.
Shop Drawings are not Drawings as so defmed.
30. Petroleum--Petroleum, including crude oil or
any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch absolute),
such as oil, petroleum, fuel oil, oil sludge, oil refuse,
gasoline, kerosene, and oil mixed with other non-
Hazardous Waste and crude oils.
21. Effective Date of the Construction
Agreement-- The date indicated in the Construction
Agreement on which it becomes effective, but if no
such date is indicated, it means the date on which the
Construction Agreement is signed and delivered by the
last of the two parties to sign and deliver.
31. Radioactive Materials--Source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et
seq.) as amended from time to time.
22. Effective Date of the Agreement-- The date
indicated in this Agreement on which it becomes
effective, but if no such date is indicated, it means the
date on which the Agreement is signed and delivered
by the last of the two parties to sign and deliver.
23. ENGINEER's Consultants--Individuals or
entities having a contract with ENGINEER to furnish
services with respect to this Project as ENGINEER's
independent professional associates, consultants,
subcontractors, or vendors. The term ENGINEER
includes ENGINEER's Consultants.
32. Record Drawings-- The Drawings as issued
for construction on which the ENGINEER, upon
completion of the Work, has shown changes due to
Addenda or Change Orders and other information
which ENGINEER considers significant based on
record documents' furnished by Contractor to
ENGINEER and which were annotated by Contractor
to show changes made during construction.
24. Field Order--A written order issued by
ENGINEER which directs minor changes in the Work
but which does not involve a change in the Contract
Price or the Contract Times.
33. Reimbursable Expenses--The expenses
incurred directly by ENGINEER in connection with the
performing or furnishing of Basic and Additional
Services for 'the Project for which O\VNER shall pay
ENGINEER as indicated in Exhibit C.
25. General Conditions-That part of the Contract
Documents which sets forth terms, conditions, and
procedures that govern the Work to be performed or
furnished by Contractor with respect to the Project.
34. Resident Project Representative-- The
authorized representative of ENGINEER, if any,
assigned to assist ENGINEER at the Site during the
Construction Phase. The Resident Project
Representative will be ENGINEER's agent or
employee and under ENGINEER's supervision. As
used herein, the term Resident Project Representative
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 9 of 12
includes any assistants of Resident Project
Representative agreed to by OWNER. The duties and
responsibilities of the Resident Project Representative
are as set forth in Exhibit D.
35. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
36. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to ENGINEER
to illustrate some portion of the Work.
37. Site--Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, rights-of-way and
easements for access thereto, and such other lands
furnished by OWNER which are designated for use of
Contractor.
38. Specifications--That part of the Contract
Documents consisting of written technical descriptions
of materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
39. Substantial Completion--The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of ENGINEER, the
Work (or a specified part thereof) is sufficiently
complete, in accordance with the Contract Documents,
so that the Work (or a specified part thereof) can be
utilized for the purposes for which it is intended. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer
to Substantial Completion thereof.
40. Supplementary Conditions-- That part of the Contract
Documents which amends or supplements the General
Conditions.
41. Total Project Costs-- The sum of the Construction Cost,
allowances for contingencies, the total costs of services of
ENGINEER or other design professionals and consultants,
cost of land, rights-of-way, or compensation for damages to
properties, or OWNER's costs for legal, accounting,
insurance counseling or auditing services, or interest and
financing charges incurred in connection with the Project,
or the cost of other services to be provided by others to
O\VNER pursuant to Exhibit B of this Agreement.
42. Work--The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents with respect to this
Project. Work includes and is the result of performing or
furnishing labor, services, and documentation necessary to
produce such construction and furnishing, installing, and
,incorporating all materials and all equipment into such
construction, all as required by the Contract Documents.
43. Work Change Directive--A written directive
to Contractor issued on or after the Effective Date of
the Construction Agreement and signed by OWNER
upon recornmendation of the ENGINEER, ordering an
addition, deletion, or revision in the Work, or
responding to differing or unforeseen subsurface or
physical conditions under which the Work is to be
performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect
that the change directed or documented by a Work
Change Directive will be incorporated in a
subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on the
Contract Price or Contract Times.
44. Written Amendment--A written amendment of
the Contract Documents signed by OWNER and
Contractor ,on or after the Effective Date of the
Construction Agreement and normally dealing with the
non-engineering or non-technical rather than strictly
construction-related aspects of the Contract
Documents.
ARTICLE 8
PROVISIONS
EXEITBITS AND SPECIAL
8.01 Exhibits Includ'ed
A. Exhibit A, "ENGINEER's Services," consisting of
8 pages.
B. Exhibit B, "O\VNER's Responsibilities,"
consisting of3 pages.
C. Exhibit C, "Payments to Engineer for Services and
Reimbursable Expenses," consisting of2 pages.
D. Exhibit D, OMITTED
E. ' Exhibit E, ''Notice of Acceptability of Work,"
consisting of2 pages.
F. Exhibit F, "Construction Cost Limit," consisting of
1 page.
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 10 of 12
G. Exhibit G, "Insurance," consisting of I page.
H. Exhibit H, "Dispute Resolution," consisting of 1
page.
1. Exhibit I OMITTED
J. Exhibit J, "Special Provisions," consisting of
1 page.
8.02 Total Agreement
A. This Agreement (consisting of pages I to 12
inclusive, together with the Exhibits identified above)
constitutes the entire agreement between O\VNER and
ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed
written instrument.,
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 11 of 12
1Ju.l
fl~
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on
page 1.
O\VNER:
ENGINEER
Au
By:
y Vice President
Date Signed:
Date Signed:
Address for giving notices:
;;/(}1 I uxPr
,
Address for giving notices:
Municipal Building
Johnson, Laschober and Associates
530 Greene Street
1296 Broad Street
Augusta, Georgia 30911
Augusta, Georgia 30901
Designated Representative (paragraph 6.02.A):
Designated Representativ~aragra;~!;i.02~Al
TomF. Bock, k / J.. ,/outf
Title: Parks and Recreation Dept. Director
Darren R. Prickett, RLA
Title: Project Manager
Phone Number: 706-724-5756
Phone Number: 706-796-5025
Facsimile Number: 706-796-4099
Facsimile Number: 706-724-3955
E-Mail Address:
E-Mail Address:
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 12 of 12
dprickett@jla-engineers.com
This is EXIllBIT A, consisting of 8 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21, 2008.
() I L- Initial:
rr OWNER
ENGINE~
ENGINEER's Services
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties.
ENGINEER shall provide Basic and Additional Services as set forth below.
PART 1 -- BASIC SERVICES
A1.01 Preliminary Design Phase
A. ,After the development of a Scope of Work developed by the O\VNER. and any specific modifications or
changes in the scope, extent, character, or design requirements of the Project desired by OWNER, and upon written
authorization from OWNER, ENGINEER shall:
1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase
documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions
of the Project.
2. Advise OWNER if additional reports, data, information, or services of the types described in Exhibit Bare
necessary and assist O\VNER in obtaining such reports, data, information, or services.
3. Based on the information contained in the Preliminary Design Phase documents, submit a revised opinion
of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER, which will be
itemized as provided in paragraph A1.01.A.5.
4. Furnish the Preliminary Design Phase documents to and review them with O\VNER.
, 5. Submit to O\VNER 3 final copies of the Preliminary Design Phase documents within 30 days after
authorization to proceed with this phase. Owner must approve Preliminary Design before Final Design Phase may
begin.
B. ENGINEER's services under the Preliminary Design Phase will be considered complete on the date when final
copies of the Preliminary Design Phase documents have been delivered to OWNER.
A1.02 Final Design Phase
A. After acceptance by O\VNER of the Preliminary Design Phase documents and revised opinion of probable
Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER-directed modifications or
changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from
OWNER, ENGINEER shall:
1. On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the
scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications will be
prepared, where appropriate, in general conformance with the 16-division format of the Construction Specifications
Institute.
Page 1 of 8 Pages
(Exhibit A - ENGINEER's Services)
2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for
permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of
the Project and assist O\VNER in consultations with appropriate authorities.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to
Total Project Costs known to ENGINEER, itemized as provided in paragraph A1.01.A.5.
4. Prepare and furnish Bidding Documents for review and approval by OWNER, its legal counsel, and other
advisors, as appropriate, and assist OWNER in the preparation of other related documents.
6. Submit 3 final copies of the Bidding Documents and a revised opinion of probable Construction Cost to
OWNER within 30 days after authorization to proceed with this phase.
B. In the event that the Work designed or specified by ENGINEER is to be performed or furnished under more
than one prime contract, or if ENGINEER's services are to be separately sequenced with'the V{ork of one or more prime
Contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement of the Final
Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or
Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as
are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or
become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently.
C. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER's
compensation has been established under this Agreement is 1.
D. ENGINEER's services under the Final Design Phase will be considered complete on the date when the
submittals required by paragraph A I. 03.A. 6 have been delivered to OWNER.
Al.03 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction
Cost as determined in the Final Design Phase, and upon written authorization by OWNER to proceed, ENGINEER
shall:
1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where
applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-Bid
conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents.
2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
3. Consult with O\VNER as to the acceptability of subcontractors, suppliers, and other individuals and
entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the
Bidding Documents.
4. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or proposals
and in assembling and awarding contracts for the Work.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase
or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit F is a part of this
Agreement).
A1.04 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from
OWNER, ENGINEER shall:
Page 2 of 8 Pages
(Exhibit A - ENGINEER's Services)
1. General Administration of Construction Contract. Consult with O\VNER and act as OWNER's
representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said General Conditions shall not be modified, except as ENGINEER may
otherwise agree in writing. All of OWNER's instructions to Contractor will be issued through ENGINEER, who
shall have authority to act on behalf of O\VNER in dealings with Contractor to the extent provided in this
Agreement and said General Conditions except as otherwise provided in writing.
2. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of
Work at the Site.
3. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work
which in ENGINEER's judgment are necessary to enable Contractor to proceed.
4. Visits to Site and Observation of Construction. In connection with observations of Contractor's work in
progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER
deems necessary, in order to observe as an experienced and qualified design professional the progress and
quality of the Work. Such visits and observations by ENGINEER, and the Resident Project Representative, if
any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to
involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned
to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking,
selective sampling, and similar methods of general observation of the Work based on ENGINEER's exercise
of professional judgment as assisted by the Resident Project Representative, if any. Based on information
obtained during such visits and such observations, ENGINEER will determine in general if Contractor's work
is proceeding in accordance with the Contract Documents, and ENGINEER shall keep O\VNER informed of
the progress of the Work.
b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if
any, at 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 the exercise of ENGINEER's
efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of
confidence that the completed Work will conform in general to the Contract Documents and that the integrity
of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents
has been implemented and preserved by Contractor. ENGINEER 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, for safety precautions and programs incident to Contractor's
work, 'or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's
furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in
accordance with the Contract Documents.
5. Defective Work. Recommend to OWNER that Contractor's work be disapproved and rejected while it is
in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed
Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design
concept of the completed Project as a functioning whole as indicated in the Contract Documents.
6. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the
Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents.
ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
. Page 3 of 8 Pages
(Exhibit A - ENGINEER's Services)
7. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives
to O\VNER, as appropriate, and prepare Change Orders and Work Change Directives as required.
8. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is -required to submit, but only for conformance with the
information given in the Contract Documents and compatibility with the design concept of the completed Proj ect as
a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not
extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and
programs incident thereto. ENGINEER has an obligation to meet any Contractor's submittal schedule that has
earlier been acceptable to ENGINEER.
9. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials
and equipment proposed by Contractor, but subject to the provisions of paragraph Al.02.A.2 of this Exhibit A.
10. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws
and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract Documents and will not constitute an
independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests.
11. Disagreements between OWNER and Contractor. Render formal written decisions on all claims of
OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements
of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such
decisions, ENGINEER shall be fair and not show partiality to O\VNER or Contractor and shall not be liable in
connection with any decision rendered in good faith in such capacity.
12. Applications for Payment. Based on ENGINEER's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of
payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such
observations and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's
work has progressed to the point indicated, the quality of such work is generally in accordance with the
Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to
such payment appear to have been fulfIlled in so far as it is ENGINEER's responsibility to observe
Contractor's work. In the case of unit price work, ENGINEER's recommendations of payment will include
final determinations of quantities and classifications of Contractor's work (subject to any subsequent
adjustments allowed by the Contract Documents). The responsibilities of ENGINEER contained in paragraph
A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or
general limitations in this Agreement and elsewhere.
b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that
observations made by ENGINEER to check the quality or quantity of Contractor's work as it is performed and
furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved
detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes
of recommending payments nor ENGINEER's recommendation of any payment including fmal payment will
impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for the
means, methods, techniques, sequences, or procedures of construction or safety precautions or programs
incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing
and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to
ascertain how or for what purposes Contractor has used 'the moneys paid on account of the Contract Price, or to
determine that title to any portion of the work in progress, materials, or equipment has passed to OWNER free
Page 4 of 8 Pages
(Exhibit A - ENGINEER's Services)
and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at
issue between O\VNER and Contractor that might affect the amount that should be paid.
13. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by
the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data
approved as provided under paragraph A1.05.A.1O, and the annotated record documents which are to be
assembled by Contractor in accordance with the Contract Documents to obtain [mal payment. The extent of
such ENGINEER's review will be limited as provided in paragraph AI. 05.A1 O.
c. ENGINEER shall transmit these documents to O\VNER.
14. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work
ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the
Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER considers the Work
Substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and
Contractor.
15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables:
16. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work
of Contractor is acceptable so that ENGINEER may recommend, in writing, [mal payment to Contractor.
Accompanying the recommendation for [mal payment, ENGINEER shall also provide a notice in the form attached
hereto as Exhibit E (the "Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of
paragraph Al.05.A14.b) to the best of ENGINEER's knowledge, information, and belief and based on the extent
of the services provided by ENGINEER under this Agreement.
B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by
ENGINEER for final payment to Contractors. If the Project involves rnore than one prime contract as indicated in
paragraph A1.03.C, Construction Phase services may be rendered at different times in respect to the separate contracts.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or.of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any
of the Work. ENGINEER shall not be fesponsible for failure of any Contractor to perform or furnish the Work in
accordance with the Contract Documents.
PART 2 - ADDITIONAL SERVICES
A2.01 Additional Services Requiring OWNER's Authorization in Advance
A. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the
types listed below. These services will be paid for by OWNER as indicated in Article 4 of the Agreement.
1. Preparation of applications and supporting documents (in addition to those furnished under Basic
Services) for private or governmental grants, loans or advances in connection with the Project; preparation or
review of environmental assessments and impact statements; review and evaluation of the effects on the design
requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining
approvals of authorities having jurisdiction over the anticipated environmental impact of the Proj ect.
Page 5 of 8 Pages
(Exhibit A - ENGINEER's Services)
2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the
accuracy of drawings or other information furnished by O\VNER.
3. Services resulting from significant changes in the scope, extent, or character of the portions of the Proj ect
designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size,
complexity, O\VNER's schedule, character of construction, or method of financing; and revising previously
accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by
changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any
other causes beyond ENGINEER's control.
4. Services resulting from O\VNER's request to evaluate additional Study and Report Phase alternative
solutions beyond those identified in paragraph A 1. 0 I.AA.
5. Services required as a result of O\VNER's providing incomplete or incorrect Project information with
respect to Exhibit B.
6. Providing renderings or models for O\VNER's use.
7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations,
maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules, and appraisals; assistance in obtaining fmancing for the Project; evaluating processes available for
licensing, and assisting O\VNER in obtaining process licensing; detailed quantity surveys of materials, equipment,
and labor; and audits or inventories required in connection with construction performed by O\VNER.
8. Furnishing services of ENGINEER's Consultants for other than Basic Services.
9. Services attributable to more prime construction contracts than specified in paragraph AI. 03. C.
10. Services during out-of-town travel required of ENGINEER other than for visits to the Site or O\VNER's
office.
11. Preparing for, coordinating with, partJ.clpating in and responding to structured independent review
processes, including, but not limited to, construction management, cost estimating, project peer review, value
engineering, and constructibility review requested by O\VNER; and performing or furnishing services required to
revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes.
12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by
O\VNER for the Work or a portion thereof.
13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or
Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents.
14. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction,
materials, equipment, or services, except when such assistance is required by Exhibit F.
15. Providing construction surveys and staking to enable Contractor to perform its work other than as required
under paragraph A1.05.A.5, and any type of property surveys or related engineering services needed for the transfer
of interests in real property; and providing other special field surveys.
16. Providing Construction Phase services beyond the Contract Times set forth in Exhibit C.
17. Providing assistance in resolving any Hazardous Environmental Condition in compliance with current
Laws and Regulations.
18. Preparing and furnishing to O\VNER Record Drawings showing appropriate record information based on
Project annotated record documents received from Contractor.
Page 6 of 8 Pages
(Exhibit A - ENGINEER's Services)
19. Preparation of operation and maintenance manuals.
20. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other
dispute resolution process related to the Project.
21. Providing more extensive services required to enable ENGINEER to issue notices or certifications
requested by O\VNER under paragraph 6.01.G of the Agreement.
22. Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement.
A2.02 Required Additional Services
A. ENGINEER shall perform or furnish, without requesting or receiving specific advance authorization from
O\VNER, the Additional Services of the types listed below. ENGINEER shall advise O\VNER in writing promptly after
starting any such Additional Services.
I. Services in connection with Work Change Directives and Change Orders to reflect changes requested by
OWNER so as to make the compensation commensurate with the extent of the Additional Services rendered.
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute
materials or equipment other than "or-equal" items; and services after the award of the Construction Agreement in
evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or
an excessive number of substitutions.
3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect
result of materials, equipment, or energy shortages.
4. Additional or extended services during construction made necessary by (1) emergencies or acts of God
endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or
other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5)
acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor.
5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial
utilization of any part of the Work by OWNER prior to Substantial Completion.
6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the Work. '
Page 7 of 8 Pages
(Exhibit A - ENGINEER's Services)
This is EXHIBIT B, consisting of 3 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21,2008.
IlJ- Initial:
jf~ OWNER
ENGINE~
OWNER's Responsibilities
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.
B2.01 In addition to other responsibilities ofO\VNER as set forth in this Agreement, OWNER shall:
A. Provide ENGINEER with all criteria and full information as to O\VNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements, flexibility, and
expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER
will require to be included in the Drawings and Specifications; and furnish copies of OWNER's standard forms,
conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable.
B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data
relative to previous designs, or investigation at or adjacent to the Site.
C. Following ENGINEER's assessment of initially-available Project information and data and upon
ENGINEER's request, furnish or otherwise make available such additional Project related information and data as is
reasonably required to enable ENGINEER to complete its Basic and Additional Services. Such additional information
or data would generally include the following:
1. Property descriptions.
2. Zoning, deed, and other land use restrictions.
3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing
relevant reference points.
4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical.
conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic
surveys, with appropriate professional interpretation thereof.
5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental
or cultural studies as to the Project, the Site, and adjacent areas.
6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the
Exhibits thereto.
D. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of a
Hazardous Environmental Condition or of any other development that affects the scope or time of performance of
ENGINEER's services, or any defect or nonconformance in ENGINEER's services or in the work of any Contractor.
E. Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as
required.
F. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under the Agreement.
Page 1 of 3 Pages
(Exhibit B - OWNER's Responsibilities)
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other
documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors
or consultants as O\VNER deems appropriate with respect to such examination) and render in writing timely decisions
pertaining thereto.
H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all
phases of the Project designed or specified by ENGINEER and such reviews, approvals, and consents from others as
may be necessary for completion of each phase of the Project. '
1. Provide, as required for the Project:
I. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services.
2. Legal services with regard to issues pertaining to the Project as O\VNER requires, Contractor raises, or
ENGINEER reasonably requests.
3. Such auditing services as O\VNER requires to ascertain how or for what purpose Contractor has used the
moneys paid.
4. Placement and payment for advertisement for Bids in appropriate publications.
J. Advise ENGINEER of the identity and scope of services of any independent consultants employed by
OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project
peer review, value engineering, and constructibility review.
K.. Furnish to ENGINEER data as to O\VNER's anticipated costs for services to be provided by others for
OWNER so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER's
opinion of Total Project Costs.
L. If OWNER designates a construction manager or an individual or entity other than, or in addition to,
ENGINEER to represent OWNER at the Site, define and set forth as an attachment to this Exhibit B the duties,
responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and
authority of ENGINEER.
M. If more than one prime contract is to be awarded for the Work designed or specified by ENGINEER, designate
a person or entity to have authority and responsibility for coordinating the activities among the various prime
Contractors, and defme and set forth the duties, responsibilities, and limitations of authority of such individual or entity
and the relation thereof to the duties, responsibilities, and authority of ENGINEER as an attachment to this Exhibit B
that is to be mutually agreed upon and made a part of this Agreement before such services begin.
N. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job
related meetings, and Substantial Completion and fmal payment inspections.
O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of
Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials,
equipment, and facilities of O\VNER, prior to their incorporation into the Work with appropriate professional
interpretation thereof.
P. Provide inspection or monitoring services by an individual or entity other than ENGINEER (and disclose the
identity of such individual or entity to ENGINEER) as O\VNER determines necessary to verify:
1. That Contractor is complying with any Laws and Regulations applicable to Contractor's performing and
furnishing the Work.
2. That Contractor is taking all necessary precautions for safety of persons or property and complying with
any special provisions of the Contract Documents applicable to safety.
Page 2 of 3 Pages
(Exhibit B - OWNER's Responsibilities)
Q. Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to
paragraphs B2.01.0 and P.
R. Perform or provide the following additional services:
Page 3 of 3 Pages
(Exhibit B - OWNER's Responsibilities)
This is EXHIBIT C, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21, 2008.
a~
Initial:
OWNER
ENGINEER
~
Payments to ENGINEER for Services and Reimbursable Expenses
Article 4 of the Agreement is amended and
supplemented to include the following agreement of
the parties:
ARTICLE 4 -- PAYMENTS TO THE ENGINEER--
C4.01 For Basic Services Having A Determined
Scope - Lump Sum Method of Payment
A. OWNER shall pay ENGINEER for Basic
Services set forth in Exhibit A, except for services of
ENGINEER's Resident Project Representative and
Post-Construction Phase services, if any, as follows:
1. A Lump Sum amount of $5,420.00
based on the following assumed distribution of
compensation:
a. Prelim Design/Master Plan
b. Final Design Phase
c. Bidding Phase
d. Construction Phase
$542
$3,252
$542
$1,084
4. ENGINEER may alter the distribution
of compensation between individual phases of
the work noted herein to be consistent with
services actuallY'rendered, but shall not exceed
the total estimated compensation amount unless
approved in writing by OWNER.
5. The total estimated compensation for
ENGINEER's services included in the
breakdoWn by phases as noted in paragraph
4.01.A.3 incorporates all labor, overhead, profit.
All Reimbursable Expenses except printing and
reprographics are included in lump sum fee.
6. The portion of the Lump Sum amount
billed for ENGINEER's services will be based
upon ENGINEER'Ss estimate of the proportion
of the total services actually complete duing the
billing period to the Lump Sum.
A.
The Lump Sum is conditioned on
Contract Times to complete the
Work not exceeding 5 months.
Should the Contract Times to
complete the Work be extended
beyond this period, the total
compensation to ENGINEER shall
be appropriately adjusted.
C4.02 For Additional Services
A. Owner shall pay ENGINEER for Additional
Services as follows:
A. General. For services of ENGINEER's
employees engaged directly on the
Project pursuant to paragraph A2.01 or
A2.02 of Exhibit A, an amount equal to
the cumulative hours charged to the
Project by each ENGINEER's
employees times Standard Hourly Rates
for each applicable billing class for all
Additional Services performed on the
project, plus Reimbursable Expenses
and ENGINEER's Consultant's charges,
if any.
B. Compensation for ENGINEER's
Consultants for such services will be on
the basis provided in paragraph C4.05.
C4.03 For Reimbursable Expenses
A. When not included in compensation for Basic
Services under paragraph C4.0l, OWNER shall
pay ENGINEER for Reimbursable Expenses at
the rate set for in Appendix 1 of this Exhibit C.
A. Reimbursable Expenses include the
following categories: transportation and
subsistence incidental thereto; obtaining
bids or proposals from Contractor(s);
providing and maintaining field office
facilities including furnishings and utilities;
toll telephone calls and telegrams;
reproduction of reports, drawings,
specifications, bidding documents, and
Sheet C-2
Page 1 of 2 page
(Exhibit C - Basic Services With Determined Scope -- Standard Hourly
Rates Method of Payment)
C4.04
A.
C4.05
A.
C4.06
B.
Sheet C-3
B.
similar project related items in addition to
those required under Exhibit A, and, if
authorized in advance by O\VNER,
overtime work requiring higher than regular
rates. In addition, if authorized in advance
by OWNER, reimbursable expenses will
also include expenses incurred for computer
time and the use of highly specialized
equipment.
The amounts payable to ENGINEER for
reimbursable expenses will be the Project-
related internal expenses actually incurred
or allocated by ENGINEER, plus all
invoiced external reimbursable expenses.
allocable to the Project, the latter multiplied
by a Factor of 1.15.
The Reimbursable Expenses Schedule will
be adjusted annually (as of June I, 2006) to
reflect equitable changes in the
compensation payable to ENGINEER.
c.
For ENGINEER's Consultant's Charges
Whenever compensation to, ENGINEER
herein is stated to include charges to
ENGINEER's Consultants, those charges
shall be the amounts billed by ENGINEER's
Consultants to ENGINEER times a Factor of
1.15.
Factors
External Reimbursable Expenses and
ENGINEER's Consultant's factors include
ENGINEER's overhead and profit
associated with ENGINEER's responsibility
for the administration of such services and
costs.
Other Provisions ConcemingPayment
Progress Payments. The portion of the
amounts billed for ENGINEER's services
which are identified in paragraphs C4.02 and
C4.03 will be during the billing period based
on cumulative hours charged to the Project
by each class of ENGINEER's employees
times the Standard Hourly Rate for each
class, plus Reimbursable Expenses and
ENGINEER's Consultant's charges
incurred, if any.
C. Extended Contract Times. Should the
Contract Times to complete the Work be
extended beyond the period identified in
paragraph C4.01, payment for ENGINEER's
services shall be continued based on the
Standard Hourly Rates Method of Payment.
Page 2 of 2 pages
(Exhibit C - Basic Services With Determined Scope -- Direct Labor Costs
Times a Factor Method of Payment)
This is Appendix 1 to EXHIBIT C, consisting of I page,
referred to in and part of the Agreement between OWNER
and ENGINEER for Professional Services dated May 21,
2008.
aM
Initial;
OWNER
ENGINE~
Reimbursable Expenses Schedule
Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and
adjustment per Exhibit C. Reimbursable expenses for services performed on the date of Agreement are:
1.15 times direct expenses.
Sheet C-14
Page 1 of 1 pages
(Appendix 1 to Exhibit C - Reimbursable Expenses Schedule)
This is Appendix 2 to EXHIBIT C,consisting of 1 page,
referred to in and part of the Agreement between OWNER
and ENGINEER for Professional Services dated May 21,
2008.
~~ OWNER
ENGINEER
Initial:
~
Standard Hourly Rates Schedule
Current agreements for engineering services stipulate that the standard hourly rates are subject to review and
adjustment per Exhibit C. Hourly rates for services performed on the date of the Agreement are:
Billing Class 9 Partner in Charge $ 175/hour
Billing Class 8 Senior Engineer $ 140/hour
Billing Class 7 Project Manager $115/hour
Billing Class 6 Engineer $90/hour
Billing Class 5 Landscape Architect I $75/hour
Billing Class 4 Landscape Architect II $ 55/hour
Billing Class 3 Designer/CAD Operator $ 62/hour
Billing Class 2 Support Staff $40/hour
Sheet C-15
Page 1 of 1 page
(Appendix 2 to Exhibit C - Standard Hourly Rates Schedule)
This is EXHIBIT D, consisting of 1 page, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21,2008.
a <<OWNER
fJ ~NGINEER
Duties, Responsibilities, and Limitations of Authority of Resident Project Representative
Initial:
~
OMITTED
Page 1 of 1 Page
(Exhibit D - Resident Project Representative)
This is EXHIBIT E, consisting of 2 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21,2008.
f).~WNER
~p ~~GINEER
Initial:
c4=
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
O\VNER:
O\VNER's Construction Contract Identification:
EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT:
CONSTRUCTION CONTRACT DATE:
ENGINEER:
To:
OWNER
And To:
CONTRACTOR
The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work
furnished and performed by CONTRACTOR under the above Contract is acceptable, expressly subject to the
provisions of the related Contract Documents and the terms and conditions set forth on the reverse side hereof.
By:
Title:
Dated:
Page 1 of 2 Pages
(Exhibit E - Notice of Acceptability of Work)
(Reverse side of Notice)
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the
, following terms and conditions to which all persons who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing
under similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.
3. Said Notice is given as to the best of ENGINEER's knowledge, information, and belief as of the date hereof.
4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been employed
by OWNER to perform or furnish during construction of the Project (including observation of the
CONTRACTOR's work) under ENGINEER's Agreement with O\VNER and under the Construction Contract
referenced on the reverse hereof, and applies only to facts that are within ENGINEER's knowledge or could
reasonably have been ascertained by ENGINEER as a result of carrying out the responsibilities specifically
assigned to ENGINEER under ENGINEER's Agreement with OWNER and the Construction Contract
referenced on the reverse hereof.
5. Said Notice is not a guarantee or warranty of CONTRACTOR's performance under the Construction Contract
referenced on the reverse hereof nor an assumption of responsibility for any failure of CONTRACTOR to
furnish and perform the Work thereunder in accordance with the Contract Documents.
Page 2 of 2 Pages
(Exhibit E - Notice of Acceptability of Work)
This is EXHIBIT F, consisting of 1 page, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21,2008.
.v Initial:
~~ OWNER
ENGINE~
Construction Cost Limit
Paragraph 5.02 of the Agreement is amended and supplemented to include the following agreement of the parties:
F5.02 Designing to Construction Cost Limit
A. A Construction Cost limit for work done Eastview Park has been established and is to be $40,000.
B. A bidding or negotiating contingency of 10 percent will be added to any Construction Cost limit
established.
C. The acceptance by OWNER at any time during Basic Services of a revised OpInIOn of probable
Construction Cost in excess of the then established Construction Cost limit will constitute a corresponding increase
in the Construction Cost limit.
D. ENGINEER will be permitted to determine what types of materials, equipment and component systems, and
the types and quality thereof are to be included in the Drawings and Specifications and to make reasonable
adjustments in the scope, extent, and character of the Project to the extent consistent with the Project requirements
and sound engineering practices to bring the Project within the Construction Cost limit.
E. If the Bidding or Negotiating Phase has not commenced within three months after completion of the Final
Design Phase, or if industry-wide prices are changed because of unusual or unanticipated events affecting the general
level of prices or times of delivery in the construction industry, the established Construction Cost limit will not be
binding on ENGINEER, and O\VNER shall consent to an adjustment in such Construction Cost limit commensurate
with any applicable change in the general level of prices in the construction industry between the date of completion
of the Final Design Phase and the date on which proposals or Bids are sought.
F. If the lowest bona fide proposal or Bid exceeds the established Construction Cost limit, O\VNER shall
(1) give written approval to increase such Construction Cost limit, or (2) authorize negotiating or rebidding the
Project within a reasonable time, or (3) cooperate in revising the Project's scope, extent, or character to the extent
consistent with the Project's requirements and with sound engineering practices. In the case of (3), ENGINEER
shall rnodify the Contract Documents as necessary to bring the Construction Cost within the Construction Cost Limit.
In lieu of other compensation for services in making such modifications, OWNER shall pay ENGINEER's cost of
such services, including the costs of the services of ENGINEER's Consultants, all overhead expenses reasonably
related thereto, and Reimbursable Expenses, but without profit to ENGINEER on account of such services. The
providing of such services will be the limit of ENGINEER's responsibility in this regard and, having done so,
ENGINEER shall be' entitled to payment for services and expenses in accordance with this Agreement and will not
otherwise be liable for damages attributable to the lowest bona fide proposal or Bid exceeding the established
Construction Cost limit.
Page 1 of 1 Page
(Exhibit F - Construction Cost Limit)
This is EXHIBIT G, consisting of 1 page, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21,2008.
~ OWNER
ENGINEER
Initial:
c...L.t=
Insurance
Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.05 Insurance
A. The limits of liability for the insurance required by paragraph 6.05.A and 6.05.B of the Agreement are as
follows:
1. By ENGINEER:
a. Workers' Compensation:
Statutory
b. Employer's Liability--
1) Each Accident:
2) Disease, Policy Limit:
3) Disease, Each Employee:
$ 500,000
$ 500,000
$ 500,000
c. General Liability --
1) Each Occurrence (Bodily Injury and
Property Damage):
2) General Aggregate:
$ 1,000,000
$ 1,000,000
e. Automobile Liability --
1) Combined Single Limit
(Bodily Injury and Property Damage)
$ 1,000,000
f. Professional Liability
1) Each Claim! Aggregate
$ 500,000
$
2. By OWNER: Self-Insured
Page 1 of 1 Page
(Exhibit G - Insurance)
This is EXHIBIT H, consisting of 1 pages, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21,2008.
ajr OWNER
ENGINEER
Initial:
cJ,{=
Dispute Resolution
Paragraph 6.09 of the Agreement is amended and supplemented to include the following agreement of the parties:
a.. During the pendency of any dispute that is not yet resolved, the Owner and the Engineer shall continue,
in good faith, with the performance of any obligations of the Agreement. .
Page 1 of I Page
(Exhibit I - Allocation of Risks)
This is EXHIBIT I, consisting of 1 page, referred to in and
part of the Agreement between OWNER and ENGINEER
for Professional Services dated May 21,2008.
fJrOWNER
/,Ill ENGINEER
Allocation or Risks
OMITTED
Page 1 of 1 Page
(Exhibit I - Allocation of Risks)
Initial:
c..Jl-
This is EXHIBIT J, consisting of I page, referred to in and part
of the Agreement between OWNER and ENGINEER for
Professional Services dated May 21,2008.
;,r Initial:
~=ER-e.JJ=
Special Provisions
1. This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
Page I of 1Page
(Exhibit J - Special Provisions)