HomeMy WebLinkAboutOwner and Engineer For Professional Services
Augusta Richmond GA
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YEAR: ~ <i
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FILE NUMBER: \ 4 '5lolsJ
NUMBER OF PAGES:
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This docwnent has important legal consequences; consultation with an attorney is encouraged with respect to its use,
completion or modification. This docwnent should be adapted to the particular circwnstances of the contemplated
Project and the applicable laws of the jurisdiction in which the professional services for the Project are to be
performed.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of
October 1
,1999
between
Augusta-Richmond County Public Works and Engineering Department
("OWNER") and
Godefroy & Associates
('ENGINEER").
OWNER
Augusta-Richmond Comity Public Works and Engineering DeDartment
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of
furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those
services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes
OWNER's written authorization to ENGINEER to proceed on the date first above written with the first phase of the
Basic Services described in Section 2 below and as further set forth in Exhibit A, A Further Description of Basic
Engineering Services and Related Matters" C'Exhibit A") and in the other exhibits listed in Section 9 below. This
Agreement will become effective on the date first above written.
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Page I of 19 pages
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SECTION l-GENERAL
1.1. Standard of Care.
ENGINEER shall perform for or furnish to OWNER
professional engineering and related services in all
phases of the Project to which this Agreement applies
as hereinafter provided. ENGINEER shall serve as
OWNER's prime design professional and engineering
representative for the Project providing professional
engineering consultation and advice with respect
thereto. ENGINEER may employ such
ENGINEER's Consultants as ENGINEER deems
necessary to assist in the performance or furnishing of
professional engineering and related services
hereunder. ENGINEER shall not be required to
employ any ENGINEER's Consultant unacceptable to
ENGINEER.
The s~dard 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
conditions at the same time and in the same locality.
ENGINEER makes no warranties, express or implied,
under this Agreement or otherwise, in connection with
ENGINEER's services.
1.2. Coordination with Other Documents.
It is the intention of the parties that the Standard
General Conditions will be used as the General
Conditions for the Project and that all amendments
thereof and supplements thereto will be generally
consistent therewith. Except as otherwise, de:fmed
herein, the terms which have an initial capital letter in
this Agreement and are defined' in the standard
General Conditions will be used in this Agreement as
, defined in the Standard General Conditions. The term
"defective" will be used in this Agreement as defmed
in the Standard General Conditions.
1.3. Definitions.
Wherever used in this Agreement the following terms .
have the meanings indicated which are' applicable to
both the singular and plural thereof:
1.3.1. Additional Services. Additional Services
means the services to be performed for or furnished to
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OWNER by ENGINEER described in Section 3 of
this Agreement.
1.3.2. Agreement. Agreement means this Standard
Form of Agreement between OWNER and
ENGINEER for Professional Services including those
exhibits listed in Section 9 of this Agreement.
1.3.3. Basic Services. Basic Services means the
services to be performed for or furnished to OWNER
by ENGINEER described in Section 2 of this
Agreement.
1.3.4. Construction Cost. Construction Cost means
the total cost to OWNER of those portions of the
entire Project designed or specified by ENGINEER.
Construction cost does not include ENGINEER's
compensation and expenses, the cost of land, rights--
of-way, or compensation for or damages to
properties, or OWNER's legal, accounting, insurance
counseling or auditing services, or interest and
fmancing charges incurred in connection with the
Project or the cost of other services to be provided by
others to OWNER pursuant to Section 4 of this
Agreement. Construction Cost is one of the items
comprising Total Project Costs.
1.3.5. Contractor. Contractor means the person or
entity with whom OWNER enters into a written
agreement covering construction work to be
performed or furnished with respect to the Project.
1.3.6. ENGINEER's Consultant. ENGINEER's
Consultant means a person or entity having a contract
with ENGINEER to perform or furnish Basic or
Additional Services as ENGINEER's independent
professional associate or consultant engaged directly
on the Project.
1.3.7. Reimbursable Expenses. Reimbursable
Expenses means the expenses incurred directly in
connection with the performance or furnishing of
Basic and Additional Services for the Project for
which OWNER shall pay ENGINEER as indicated in
Exhibit B, "Payments to Engineer for Services and
Reimbursable Expenses" ("Exhibit B").
1.3.8. Resident Project Representative. Resident
Project Representative means the authorized
representative of ENGINEER who will be assigned to
assist ENGINEER at the site during the Construction
Phase. The Resident Project Representative will be
ENGINEER's agent or employee and under
Page 2 of 19 pages
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ENGINEER's supervision. As used herein, the term
Resident Project Representative includes any
assistants of Resident Project Representation agreed
to by OWNER. The duties and responsibilities of the
Resident Project Representative are set forth in
Exhibit C, "Duties, Responsibilities and. Limitations
of Authority of Resident Project Representative
("Exhibit C").
1.3.9. Standard General Conditions. Standard
General Conditions means the Standard General
Conditions of the Construction Contract (No. 1910-8)
(1990 Edition) of the Engineers Joint Contract
Documents Committee.
1.3.10. Total Project Costs. Total Project Costs
means the sum of the Construction Cost, allowances
for contingencies, the total costs of design
professional and related services provided by
ENGINEER and (on the basis of, information
furnished by OWNER) allowances for such other
items as charges of all other professionals and
consultants, for the cost of land and rights-of-way, for
compensation for or damages to properties, for
interest and fmancing charges and for other services
to be provided by others to OWNER under
paragraphs 4.4,4.5 and 4.7 through 4.14, inclusive.
SECTION 2--BASIC SERVICES OF ENGINEER
2.1. Study and Report Phase
Upon this Agreement becoming effective,
ENGINEER shall:
2.1.1. Consult with OWNER to understand
OWNER's requirements for the Project and review
available data.
2.1.2. Advise OWNER as to the necessity of
OWNER's providing or obtaining from others data or
services of the types described in paragraph 4.4 which
are not part of ENGINEER's Basic Services, and
assist OWNER in obtaining such data and services.
2.1.3. Identify and analyze requirements of
governmental authorities having jurisdiction to
approve the portions of the Project designed or
specified by ENGINEER with whom consultation is
to be undertaken in connection with the Project. ' ,
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2.1.4. Evaluate various alternate solutions available
to OWNER as described in Exhibit A, and, after
consultation with Owner, recommend to OWNER
those solutions which in ENGINEER's judgment best
meet OWNER's requirements ,for the Project. This
phase is further discussed in Exhibit A and is called
the Conceptual Design Phase.
2.1.5. Prepare a report (the "Report") which will
contain the statement of "OWNER's requirements for
the Project, and, as appropriate, will contain
schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate the
considerations involved and those alternate solutions
available to OWNER which ENGINEER
recommends. This Report will be accompanied by
ENGINEER's opinion of Total Project Costs for each
solution which is so recommended for the Project,
including the following which will be separately
itemized: opinion of probable Construction Cost,
allowances for contingencies and for the estimated
total costs of design professional and related services
provided by ENGINEER and, on the basis of
information furnished by OWNER, allowances for
other items and services included within the definition
of Total Project Costs.
2.1.6. Furnish the Report to and reVIew it with
OWNER.
2.1.7. Revise the Report in response to OWNER's
comments, as appropriate, and furnish final copies of
the Report in the number set forth in Exhibit A.
2.1.8. Submit the Report within the stipulated period
indicated in Exhibit A.
2.1.9. ENGINEER's services under the Study and
Report Phase will be considered complete at the
earlier of (1) the date when the Report has been
accepted by OWNER or (2) thirty days after the date
when such Report is delivered, to OWNER for fmal
acceptance, plus in each case such additional time as
may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction to
review the portions of the Project designed or
specified by ENGINEER, if such approval is to be
obtained during the Study and Report Phase.
The duties and responsibilities of ENGINEER during
the Study and Report Phase as set forth in this
paragraph 2.1 are amended and supplemented as
indicated in Exhibit A.
Page 3 of 19 pages
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2.2 Preliminary Design Phase.
After acceptance by OWNER of the Conceptual
Design, selection by OWNER of a
recommended solution and indication of 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:
2.2.1. On thebasis of the report, the recommended
solution selected by OWNER and the specific
modifications or changes in the scope, extent,
character or design requirements of the Project agreed
upon by 'OWNER and ENGINEER, prepare
Preliminary Design documents consisting of final
design criteria, preliminary drawings, outline
specifications and written descriptions' of the Project.
2.2.2. Advise OWNER if additional reports, data or
other information or services of the types described in
paragraph 4.4 are necessary and assist' OWNER in
obtaining such reports, data or other information and
sefYlces.
2,2.3. Based on the information contained in the
Preliminary Design 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 2.1.5. '
2.2.4. Furnish the Preliminary Design documents to
and review them with OWNER.
2.2.5. Submit the Preliminary Design documents and
revised opinion of probable Construction Cost within
the stipulated period indicated in Exhibit A.
2.2.6. ENGINEER's services under the Preliminary
Design Phase will be considered complete at the
earlier of (1) the date when the Preliminary Design
documents have been accepted by OWNER or '(30)
thirty days after the date when such Preliminary
Design documents are delivered to OWNER for final
acceptance, plus in each case such additional time as
may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction to
approve the Preliminary Design documentation, if
such approval is to be obtained during the Preliminary
Design Phase.
.
The duties and responsibilities of ENGINEER during
the Preliminary Design Phase as set forth in this
paragraph 2.2 are amended and supplemented as
indicated in Exhibit A.
2.3. Final Design Phase.
After acceptance by OWNER of the Preliminary
Design Phase documents and revised opinion, of
probable Construction Cost and indication of 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:
2.3.1. On the basis of the accepted Preliminary
Design documents, the modifications or changes in
the scope, extent, character or design requirements of
the Project agreed upon by OWNER and ENGINEER
and the revised opinion of probable Construction
Cost, prepare for incorporation in the Contract
Documents final Drawings showing the scope, exten~
and character of the work to be performed and
furnished by Contractor and Specifications (which
will be prepared, where appropriate, in general
conformance with the sixteen division format of the
Construction Specifications Institute).
2.3.2. Provide technical criteria, written descriptions
and design data for 0 WNER' s use in filing
applications for permits with or obtaining approvals
of such governmental authorities as have jurisdiction
to review or approve the final design of the Project,
and assist OWNER in consultations with appropriate
authorities.
2.3.3. 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 2.1.5,
as a result of changes in scope, 'extent or character or
design requirements of the Project.
2.3.4. Prepare for review and approval by OWNER,
its legal counsel and other advisors, contract
agreement forms, general conditions and
supplementary conditions, and (where appropriate)
bid forms, invitations to bid and instructions to
bidders (all of which will be generally consistent in
form and' substance with the forms and pertinent
guide sheets prepared by the Engineers Joint Contract
Page 4 of 19 pages
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Documents Committee), and assist in the preparation
of other related documents.
2,3.5. Furnish the above documents, Drawings and
Specifications to and review them with OWNER.
2.3.6. Submit the above documents, Drawings and
Specifications and a revised opinion of probable
Construction Cost within the stipulated period
indicated in Exhibit A.
2.3.7. ENGINEER's services under the Final Design
Phase will be considered complete at the earlier of (I)
the date when the submittals have been accepted by
OWNER or (2) thirty days after the date when such
submittals are delivered to OWNER for final
acceptance, plus in each case such additional time as
may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction to
approve the portions of the Project designed or
specified by ENGINEER, if such approval is to be
obtained during the Final Design Phase.
The duties and responsibilities of ENGINEER during
the Final Design Phase as set forth in this paragraph
2.3 are amended and supplemented as indicated in
Exhibit A.
2.4. ~idding or Negotiating Phase.
After acceptance by OWNER of the ENGINEER's
Drawings, Specifications and other Final Design
Phase documentation (including the most recent
opinion of probable Construction Cost), and upon
written authorization to proceed, ENGINEER shall:
2.4.1. Assist 0 WNER in advertising for and
obtaining bids or negotiating proposals for the
contract for construction, materials, equipment and
services; and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents
have been issued, attend pre-bid conferences, if any,
and receive and process deposits for Bidding
Documents.
2.4.2. Issue Addenda as appropriate to clarify, correct
or change the Bidding Documents.
2.4.3. Consult with OWNER as to the acceptability
of subcontractors, suppliers and other persons and
entities proposed by Contractor for those portions of
the work as to which such acceptability is required by
the Bidding Documents.
2.4.4. Attend the bid opening, prepare bid tabulation
sheets and assist OWNER in evaluating bids or
proposals and in assembling and awarding contracts
for construction, materials, equipment and services.
2.4.5. The Bidding or Negotiating Phase will
terminate and the services to be performed or
furnished thereunder will be considered complete
upon commencement of the Construction Phase or
upon cessation of negotiations with prospective
Contractors (except as may otherwise be required to
complete the services called for in paragraph E7.2.5,
if Exhibit E is a part of this Agreement).
The duties and responsibilities of ENGINEER
during the Bidding or Negotiating Phase are set
forth in this paragraph 2.4 as amended and
supplemented as indicated in Exhibit A.
2.5. Construction Phase
During the Construction Phase:
2.5.1. General Administration of Construction
Contract. ENGINEER shall consult with and advise
OWNER and act as OWNER's representative as
provided in the standard General Conditions. The
extent and limitations of the duties, responsibilities
and authority of ENGINEER as assigned in said
Standard General Conditions shall not be modified,
except to the extent provided in Exhibit A and 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 OWNER in dealings with Contractor to
the extent provided in this Agreement and said
Standard General Conditions except as otherwise
provided in writing.
2.5.2. Visits to Site and Observation of Construction.
In connection with observations of the work of
Contractor while it is in progress:
2.5.2.1. ENGINEER shall 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
various aspects of Contractor's work. In additiOB,
ENGINEER shall pro'lide the serviees of a
Resiaeat Projeet Represeatatiye at the site to assist
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ENGINEER and to previae more CONtinUOHS
ebservatioRs of stwh werk The furnishing ef suoo
Resideat Project RepreseBtative services will Rot
extead ENGINEER's respoRsibilities or authority
beyoRd the specifie limits set f-orth else\'Il'lere in
this paragraph 2.5. Such visits and observations by
ENGINEER and the Resideat Projeet
Represeatative are not intended to be exhaustive or
to extend to every aspect of the work in progress,
or to involve detailed inspections of the work
-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 Resideat Project RepreseRtatiye.
Based on information obtained during such visits
and such observations, ENGINEER shall endeavor
to determine in general if such work is proceeding
in accordance with the Contract Documents and
ENGINEER shall keep OWNER infonned of the
progress of the work. The responsibilities of
ENGINEER contained in this paragraph are
expressly subject to the limitations set forth in
paragraph 2.5.2.2 and other express or general
limitations in this Agreement and elsewhere.
2.5.2.2. The purpose of ENGINEER's visits to
and represeatatioH by the Resideat Prejeet
Representative 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 of
Contractor 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.
On the other hand, 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 the
work of Contractor or for any failure of Contractor
to comply with laws, rules, regulations,
ordinances, codes or orders applicable to
Contractor=s furnishing and performing the work.
Accordingly, ENGINEER either 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.
2.5.3. Defective Work During such visits and on the
basis of such observations, ENGINEER shall have
authority to disapprove of or reject Contractor's work
while it is in progress if ENGINEER believes that
such work will not produce a completed Project that
conforms 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.
2.5.4. Clarifications: and Interpretations; Field
Orders. ENGINEER shall issue necessary
clarifications and interpretations of the Contract
Documents as appropriate to the orderly completion
of the 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.
2.5.5. Change Orders and Work Change Directives.
ENGINEER shall recommend Change Orders and
Work Change Directives to OWNER as appropriate,
and shall prepare Change Orders and Work Change
Directives as required.
2.5.6. Shop Drawings. ENGINEER shall review and
approve (or take other appropriate action in respect
of) 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 Project 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.
2.5.7. Substitutes. ENGINEER shall evaluate and
determine the acceptability of substitute or Aor-
equal@ materials and equipment proposed by
Contractor, but subject to the provisions of paragraph
3.2.2.
Page 6 of 19 pages
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2.5.8. Inspections and Tests. ENGINEER may
require special inspections or tests of the work, and
shall receive and review all certificates of inspections,
tests and approvals required by laws, rules,
regulations, ordinances, codes, orders or the Contract
Documents. ENGINEER=s review of such certifi-
cates 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.
2.5.9. Disagreements between OWNER and,
Contractor. ENGINEER shall render the initial
decisions on all claims of OWNER and Contractor
relating to the acceptability, of the work or the
interpretation of the requirements of the Contract
Documents pertaining to the execution and progress
of the work. In rendering such decisions,
ENGINEER shall be fair and not show partiality to
OWNER or Contractor and shall not be liable in
connection with any decision rendered in good faith
in such capacity.
2.5.10. Applications for Payment. Based on
ENGINEER's on-site observations as an experienced
and qualified design professional and on review of
Applications for Payment and the accompanying data
and schedules:
2.5.10.1. ENGINEER shall 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 the
ENGINEER's knowledge, information and belief,
the 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 such 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 the work. 'In the case of
unit price work, ENGINEER's recommendations
of payment will include final determinations of
quantities and classifications of such work (subject
to any subsequent adjustments allowed by the
Contract Docwnents). The responsibilities of
ENGINEER contained in paragraph 2,5.10.1 are
expressly subject to the limitations set forth in
paragraph 2.5.10.2 and other express or general
limitations in this Agreement and elsewhere.
2.5.10.2. By recommending any payment
ENGINEER shall not thereby be deemed to have
represented that on-site 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
the 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 final payment) will impose on ENGI-
NEER responsibility to supervise, direct or control
such work or for the means, methods, techniques,
sequences or procedures of construction or safety
precautions or programs incident thereto, or
Contractor's compliance with laws, rules,
regulations, ordinances, codes or orders 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 of the work, materials
or equipment has passed to OWNER free and clear
of any' liens, claims, security interests or
encumbrances, or that there may not be other
matters at issue between OWNER and Contractor
that might affect the amount that should be paid.
2.5.11. Contractor's Completion Documents.
ENGINEER shall receive, review and transmit to
owner with written comments maintenance and
operating instructions, schedules, guarantees, Bonds,
certificates or other evidence of insurance required by
the Contract Docwnents, certificates of inspection,
tests and approvals, and marked-up record docwnents
(including Shop Drawings, Samples, and other data
approved as provided under paragraph 2.5.6 and
marked-up record Drawings) which are to be
assembled by Contractor in accordance with the
Contract Docwnents to obtain fmal payment.
Page 7 of 19 pages
ENGINEER's review of such documents will only be
to determine generally that their content complies
with the requirements of, and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the
Contract Documents.
2.5.12. Substantial Completion. Following notice
from Contractor that Contractor considers the entire
work ready for its intended use, ENGINEER and
OWNER, accompanied by Contractor, shall 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.
2.5.13. Final Notice of Acceptability of the Work
ENGINEER shall conduct a final inspection to
determine if the completed work of Contractor is
acceptable so that ENGINEER may recommend, in
writing, final payment to Contractor. Accompanying
the recommendation for final payment, ENGINEER '
shall also provide a notice in the form attaehed hereto
as Exhibit D (the "Notice of l\eceptability of Worl.")
that the work is acceptable (subject to the provisions
of paragraph 2.5.10.2) to the best of ENGINEER's
knowledge, information and belief and based on the
extent of the services performed and furnished by
ENGINEER under this Agreement.
2.5.14. Limitation of Responsibilities. ENGINEER
shall not be responsible for the acts or omissions of
any Contractor, or of any subcontractor, any supplier,
or of any other person or organization performing or
furnishing any of the work. ENGINEER shall not be
responsible for Contractor's failure to perform or
furnish the work in accordance with the Contract
Documents.
2.5.15. Duration of Construction Phase. The
Construction Phase will commence with the execution
of the construction contract for the Project or any part
thereof and will terminate upon written
recommendation by ENGINEER of final payment. If
the Project involves more than one prime contract as
indicated in paragraph 5.5, Construction Phase
services may be rendered at different times in respect
of separate prime contracts.
The duties and responsibilities of ENGINEER during
the Construction Phase as set forth in this paragraph
2.5 are amended and supplemented as indicated in
Exhibit A.
2.6. Operational Phase
Du.r.ng the OperatieRal Phase, ENGINEER shall,
",heR reEJ:uested by OWNER:
2.6.1. Provide assistllRce iB e()BneetieR -;lith the
refining IlRd adjustiag of aay eqttipmoot or system.
2.6.2. f.ssist OV.'NER m training OWNER's staff to
operate llfta maiHtai.R the Proje0t.
2.6.3. ,A.ssist OWNER iH aeyeloping systems aRe
proeedl:lfes for eofltrol of the operation and
mamteBaRee of aRd reeord keepmg f-or the Proje0t.
2.6.1. Prepare s set of r-eprodHeible recor-d drawffigs
showing r-eeerd mf{)rmation wkiOO ENGINEER
eeBsiders significllRt based Of\. the Drawmgs, Shop
Drawmgs, and other record dOElH:f8eBts furnished by
CoB:tra0tor to ENGINEER "'fliOO v.ere 8HBetated by
CORtraetor to show all ehaages made dl:f:riBg
eOBs1ruetion. ENGINEER vl'ill Bot be respoRsible for
llft)' errors in or omissions m the information provided
by Contraefor that is meorpmated in the record
dra....r.ngs or other reeora doewnoots:
2.6.5. In eompllft)' vlith OWNER, visit the Project to
observe any appareat eefe0t,s in the eOHlf)letea work,
assist OWNER ia cOBsakatioBs aRd mseassloRs vlith
Contra0tor eeneeming couseries of suOO aefe0ts, aRd
make recoHlB'leBdations as to replacetneBt or
cousetioa of defective work.
2.6.6. Proyide m:iseellaReotls services as reqtlested by
OWNER meoRReenon "lith Projeet closeout.
2.6.7. The OperatioRal Phase may eommenee dl:lriDg
the Constrnetion Phase 8:f\.d will terminate ORe year
after the date of SubstaRtial Completion.
The daties and reSfJeBsibilities of ENGINEER during
the Operatiosal Phase as set forth iH this paragraph
2.6 are aIBeBded aRd s1:tf'plemooted as iHaieated m
Exhibit f..
SECTION 3--ADDITIONAL SERVICES OF
ENGINEER
Page 8 of 19 pages
3.1. Additional Services Requiring Authorization
in Advance.
If authorized in writing by OWNER, ENGINEER
shall furnish or obtain from others Additional
Services of the types listed in paragraph 3.1.1
through 3.1.19, inclusive, as amended and
supplemented as indicated in Exhibit ,A These
services are not included as part of Basic Services
except to the extent otherwise provided in Exhibit A
These services will be paid for by OWNER as
indicated in Section 6.
3.1.1. 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 effect on the
design requirements of 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 Project.
3.1.2. Services to make measured drawings of or to
investigate existing conditions or facilities, or to
verify the accuracy of drawings or other information
furnished by OWNER.
3.1.3. Services resulting from evaluation by
ENGINEER during the Study and Report Phase at
OWNER's request of alternative solutions in addition
to those specified in Exhibit A
3.1.4. Services resulting from significant changes in
the scope, extent or character of the portions of the
Project designed or specified by ENGINEER or its
design requirements including, but not limited to,
changes in size, complexity, OWNER'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,
rules, regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports,
Drawings, Specifications, or Contract Documents, or
are due to any other causes beyond ENGINEER's
control.
3.1.5. Services resulting from facts revealed about
conditions:
3.1.5.1 'which are different from information
about such conditions that OWNER previously
provided to ENGINEER under paragraph 4.4 and
upon which ENGINEER was entitled to rely; or
3.1.5.2. as to which OWNER had responsibility to
provide information under paragraph 4.4 if such
information was not previously provided.
3.1.6. Providing renderings or models for OWNER's
use.
3.1. 7. Preparing documents for alternate bids
requested by OWNER for Contractor's work which is
different from the Conceptual Design.
3.1.8. 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 OWNER in obtaining process licensing;
detailed quantity surveys of materials, equipment and
labor; and audits or inventories required in connection
with construction performed by OWNER.
3.1.9. Furnishing services of ENGINEER's
Consultants for other than Basic Services; and
furnishing data or services of the types described in
paragraph 4.4 when OWNER employs ENGINEER
to provide such data or services in lieu of furnishing
the same under paragraph 4.4.
3.1.10. Services attributable to a vanatIon in the
number of prime contracts from the number specified
in Exhibit A for work designed or specified by
ENGINEER.
3.1.11. Services during out-of-town travel required of
ENGINEER other than visits to the site or OWNER's
office as required by Section 2.
3.1.12. Preparing for, coordinating with, participating
in and responding to structured independent review
processes, including, but not limited to, Construction
Management, Cost Estimating, Project Peer Review,
Value Engineering and Constructability Review
requested by OWNER;' and performing or furnishing
services required to revise studies, reports, Drawings,
Specifications or Contract Documents as a result of
such review processes.
Page 9 of 19 pages
3.1.13. 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.
3.1.14. Assistance in connection with bid protests,
rebidding or renegotiating contracts for construction,
materials, equipment or services, except when such
assistance is required to complete services called for
in paragraph E7.2.5, if Exhibit E is a part of this
Agreement.
3.1.15 . Providing field surveys for design purposes,
engineering surveys and staking to enable Contractor
to proceed' with its work, 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.
3.1.16. Preparation of operating, maintenance and
staffing manuals to supplement Basic Services under
paragraph 2.6.3.
3.1.17. Preparing to serve or serving as a consultant
or witness for OWNER in any litigation, arbitration or
other legal or administrative proceeding involving the
Project (except for assistance in consultations which is
included as part of Basic Services under paragraphs
2.1.3 and 2.3.2).
3.1.18. Providing more extensive services required to
enable ENGINEER to issue notices or certifications
requested by OWNER under paragraph 4.12.
3.1.19. Other additional services performed or
furnished by ENGINEER in connection with the
Project, including services which are to be furnished
by OWNER under Section 4, and services not
otherwise provided for in this Agreement.
3.2. Required Additional Services.
When required by the Contract Docwnents In
connection with the performance or furnishing, of
ENGINEER's services during the Construction Phase,
ENGINEER shall perform or furnish, without waiting
for specific authorization from OWNER, Additional
Services of the types listed in paragraphs 3.2.1.
through 3.2.6, inclusive. These services are not
included as part of Basic Services except to the extent
provided in Exhibit A. Required Additional Services .
will be paid for by OWNER as indicated in Section 6.
ENGINEER shall advise OWNER in writing
promptly after starting any such Additional Services.
3.2.1. Services in connection with Work Change
Directives and Change Orders to reflect changes
requested by OWNER if, because of the method of
compensation agreed upon by OWNER and
ENGINEER, the resulting change in compensation
for Basic Services is not commensurate with the
extent of the additional services rendered.
3.2.2. Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitute materials or equipment other than Aor-
equal@ items; and services after the award of the
construction contract in evaluating and determining
the acceptability of a substitution which is
inappropriate for the Project or an excessive nwnber
of substitutions.
3.2.3. Services resulting from significant delays,
changes or price increases occurring as a direct or
indirect result of materials, equipment or energy
shortages.
3.2.4. Additional or extended services during
construction made necessary by (1) work damaged by
fire or other cause during construction, (2) a
significant amount of defective, neglected or delayed
work of Contractor, (3) acceleration of the progress
schedule involving services beyond normal working
hours, or (4) default by Contractor.
3.2.5. Services (other than, Basic Services during the
Operational Phase) in connection with any partial
utiliZation of any part of the Project by OWNER prior
to its Substantial Completion.
3.2.6. Evaluating an unreasonable claim or an
excessive number of claims submitted by Contractor
or others in connection with the work.
SECTION 4--0WNERS RESPONSIBILITIES
Except as otherwise provided in Exhibit A, OWNER
shall do the following in a timely manner so as not to
delay the services of ENGINEER and shall bear all
costs incident thereto:
Page 10 of 19 pages
4.1. Designate in writing a person to act as OWN-
ER's representative with respect to the services to be
performed or furnished by ENGINEER under this
Agreement. Such person will have complete authority
to transmit instructions, receive information, interpret
and defme OWNER's policies and decisions with
respect to ENGINEER's services for the Project.
4.2. Provide all criteria and full information as to
OWNER's requirements for the Project, including
design objectives and constraints, space, capacity and
performance requirements, flexibility and
expendability, 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.
4.3. Assist ENGINEER by placing at ENGINEER's
disposal all available information pertinent to the
Project includmg previous reports and any other data
relative to design or construction of the Project.
4.4. Furnish to ENGINEER, as requested by
ENGINEER for performance of Basic Services or as
required by the Contract Documents, the following:
4.4.1. data prepared by or services of others,
including without limitation explorations and tests of
subsurface conditions at or contigu~us to the site,
drawings of physical conditions in or relating to
existing surface or subsurface structures at or
contiguous to the site, ~r hydrographic surveys;
4.4.2. the services of an independent testing
laboratory to perform all inspections, tests and
approvals of samples, materials and equipment prior
to and after installation, or to evaluate the
performance of materials, equipment and facilities of
OWNER, prior to specification, and dUring
construction;
4.4.3. appropriate professional interpretations of all
of the foregoing;
4.4.4. environmental assessments, audits,
investigations and impact statements" and other
relevant environmental or cultural studies as to the
Project, the site and adjacent areas;
4.4.5. field surveys for design purposes and
property, boundary, easement, right-of-way,
topographic and utility surveys or data, including
relevant reference points;
4.4.6. property descriptions;
4.4.7. zoning, deed and other land use restrictions;
and
4.4.8. other special data or consultations not covered
in Section 2.
OWNER shall be responsible for, and ENGINEER
may rely upon, the accuracy and completeness of all
reports, data and other information furnished
pursuant to this paragraph. ENGINEER may use
such reports, data and information in performing or
furnishing services under this Agreement.
4.5. Provide, as required by the Contract
Documents, engineering surveys and staking to enable
Contractor to proceed with the layout of the work,
and other special field surveys.
4.6. Arrange for access to and make all provisions for
ENGINEER to enter upon public and private property
as required for ENGINEER to perform services under
this Agreement.
4.7. 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 consultants as OWNER deems appropriate
with respect to such examination) and render in
writing decisions pertaining thereto.
_4.8. Provide approvals and permits from all
governmental authorities having jurisdiction' to
approve the portions of the Project designed or
specified by ENGINEER and such approvals and
consents, from others 'as may be necessary for
completion of such portions of the Project.
4.9. Provide, as may be required for the Project:
4.9.1. accounting, bond and fmancial advisory,
independent cost estimating and insurance counseling
sefVlces;
4.9.2. such legal services as OWNER may require or
ENGINEER may reasonably request with regard to
legal issues pertaining to the Project, including any
that may be raised by Contractor; and
Page 11 of 19 pages
",
4.9.3. such auditing services as OWNER may require
to ascertain how or for what purpose Contractor has
used the moneys paid on account of the Contract
Price.
4.10. Provide such inspection or monitoring services
by an individual or entity other than ENGINEER as
OWNER may desire to verify:
4.10.1. that Contractor is complying with any law,
rule, regulation, ordinance, code or order applicable
to ContractoFs performing and furnishing the work;
or
4.10.2. 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.
ENGINEER does not undertake in this Agreement to
perform the services referred to in 4.10.1 and 4.10.2
above. The identity of any individual or entity
employed to perform such services and the scope of
such services will be disclosed to ENGINEER
4.11. 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,
Construction Management, Cost Estimating, Project
Peer Review" Value Engineering and Constructability
Review. If OWNER designates a person or entity
other than, or in addition to, ENGINEER to represent
OWNER at the site, OWNER shall define and set
forth in an exhibit that is to be mutually agreed upon
and attached to and made a part of this Agreement
before such services begin, the duties, responsibilities
and limitations of authority of such other party and
the relation thereof to the duties, responsibilities and
authority of ENGINEER
4.12. Prior to the commencement of the Construction
Phase, notify ENGINEER of any variations in the
language of the Notice of Acceptability of Work, or
of any notice or certification other than such Notice
that ENGINEER will be requested to provide to
OWNER or third parties in connection with the
fmancing or completion of the Project. OWNER and
ENGINEER shall reach agreement on the terms of
any such requested notice or certification and
OWNER shall authorize such Additional Services as
are necessary to enable ENGINEER to provide the
notice or certification requested under this paragraph.
4.13. rfmore than one prime contract is to be award-
ed for 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 persons or entity and the relation thereof to
the duties, responsibilities and authority of
ENGINEER in an exhibit that is to be mutually
agreed upon and attached to and made a part of this
Agreement before such services begin.
4.14. Furnish to ENGINEER data or estimated
figures as to OWNER's anticipated costs for services
to be provided by others for OWNER (such as
services pursuant to paragraphs 4.4, 4.5 and 4.7
through 4.14, inclusive) and other costs of the types
referred to in paragraph 2.1.5 so that ENGINEER
may make the necessary calculations to develop and
periodically adjust ENGINEER's opinion of Total
Project Costs.
4.15. Attend the pre-bid conference, bid opening,
pre-construction conferences, construction progress
and other job related meetings and Substantial
Completion and final payment inspections.
4.16. Give prompt written notice to ENGINEER
whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or
time of performance or furnishing of ENGINEER's
services, or any defect or nonconformance in
ENGINEER's services or in the work of any
Contractor.
1.1 4.17. Furnish, or direct ENGINEER to
provide, Additional Services as stipulated in
paragraph 3; 1 of this Agreement or other services as
required.
SECTION 5-- TIMES
SERVICES
FOR
RENDERING
5.1. 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 of the Construction
Phase. Unless specific periods of time or specific
dates for providing services are, specified in this
Agreement, ENGINEER's obligation to render
services hereunder will extend for a period which may
Page 12 of 19 pages
reasonably be required for the design, award of
construction contracts, construction and initial
operation' of the Project including extra work and
required extensions thereto.
5.2. 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.
5.3. If OWNER fails to give prompt written
authorization to proceed with any phase of services
after completion of the immediately preceding phase,
or if the Construction Phase has not commenced
within the stipulated period identified ill this
Agreement (plus such additional time as may be
required to complete the services called for under
paragraph E7.2.5 of Exhibit E is a part of this
Agreement) after completion of the Final Design
Phase or does not proceed in an orderly and
continuous progression, ENGINEER may, after
giving seven days written notice to OWNER, suspend
services under this Agreement.
5.4. If ENGINEER's services for design or during
construction of the Project are delayed or suspended
in whole or in part by OWNER:
5.4.1. for more than three months through no fault of
ENGINEER, ENGINEER shall be entitled to
equitable adjustment of rates and amounts of
compensation provided elsewhere in this Agreement
to reflect among other things, reasonable costs
incurred by ENGINEER in connection with such
delay or suspension and reactivation and the fact that
the time for performance under this Agreement has
been revised; or
5.4.2. for more than one year through no fault of
ENGINEER, or if ENGINEER for any reason is
required to render Construction Phase services more
than one year after Substantial Completion' is
achieved, the rates and amounts of compensation
provided for elsewhere in this Agreement will be
subject to equitable adjustment to reflect, among other
things, changes in the various elements that comprise
such rates of compensation.
5.5. In the event that the work designed or specified
by ENGINEER is to be performed or furnished under
more than orie prime contract, or if ENGINEER's
services are to be separately sequenced with the work
of one or more prime contractors (such as in the case
of fast-tracking), OWNER and ENGINEER shall,
prior to commencement of the Final Design Phase,
develop a schedule for performance of ENGINEER's
services during the Final Design, Bidding or
Negotiating and Construction Phases in order to
sequence and coordinate properly such services as are
applicable to the work under such separate prime
contracts. This schedule is to he prepared and
included in Exhibit A whether or not the work under
such contracts is to proceed concurrently.
SECTION 6--PAYMENTS TO ENGINEER FOR
SERVICES AND REIMBURSABLE EXPENSES
6.1. Methods of Payment for Services and
Expenses of ENGINEER
6.1.1. For Basic Services. OWNER shall pay
ENGINEER for Basic Services performed or
furnished under Section 2 on the basis set forth in
Exhibit B.
6.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or
furnished under Section 3 on the basis set forth in
Exhibit B.
6.1.3. For Reimbursable Expenses. In addition to
payments provided for in paragraphs 6.1.1 and 6.1.2,
OWNER shall pay ENGINEER for Reimbursable
Expenses incurred by ENGINEER and ENGINEER's
Consultants as set forth in Exhibit B. The amount
payable for Reimbursable Expenses will include a
factor to the extent so indicated in Exhibit B.
6.2. Other Provisions Concerning Payments.
6.2.1.Preparation of Invoices. Invoices for Basic
and Additional Services and Reimbursable Expenses
will be prepared in accordance with ENGINEER's
standard invoicing practices and will be submitted to
OWNER by ENGINEER at least monthly. The
amount billed for Basic SerVices and Additional
Services in each invoice will be calculated on the
Page 13 of 19 pages
"
basis set forth in Exhibit B. Invoices are due and
payable on receipt.
6.2.2 Unpaid Invoices, If OWNER fails to make any
payment due ENGINEER for services and expenses
within thirty days after receipt of ENGINEER's
invoice therefor, the amounts due ENGINEER will be
increased at the rate of 1.0% per month (or the
maximum rate of interest permitted by law, if less)
from said thirtieth day; and, in addition, ENGINEER
may, after giving seven days written notice to
OWNER, suspend services under this Agreement
until ENGINEER has been paid in full all amounts
due for services, expenses and charges. Payment will
be credited flIst to interest and then to principal. In
the event of a disputed or contested billing, only that
portion so contested may be withheld from payment,
and the undisputed portion will be paid.
6.2.3. Payments Upon Termination.
6.23.1. Termination by OWNERfor Cause. In
the event of termination by OWNER for cause
under paragraph 8.1.1:
6.2.3.1.1. Upon the completion of any phase
of Basic Services, progress payments due
ENGINEER in accordance with this
Agreement for all such services performed or
furnished by ENGINEER and ENGINEER's
Consultants through the completion of such
phase will constitute total payment for, such
services. ENGINEER also will be paid for all
unpaid Additional Services and unpaid
Reimbursable Expenses.
6.2.3.1.2. During any phase of the Basic
Services, ENGINEER also will be paid for'
such services performed or furnished in
accordance' with this Agreement by
ENGINEER during that phase through the date
of termination on the basis specified in Exhibit
B. ENGINEER also will be paid for the
charges of ENGINEER's Consultants
employed to perform or furnish Basic Services
to the extent such services have 'been
performed or furnished in accordance with this
Agreement through the effective date of the
termination. ENGINEER also will be paid for
, all unpaid Additional Services and unpaid
Reimbursable Expenses.
"
6.2.3.2. Termination by OWNER for
Convenience. In the event of termination by
OWNER under paragraph 8.1.2.:
6.23.2.1. Upon the completion of any phase
of Basic Services, progress payments due
ENGINEER in accordance with this
Agreement for all such services performed or
furnished by ENGINEER and ENGINEER's
Consultants through the completion of such
phase will constitute total payment for such
services. ENGINEER also will be paid for all
unpaid Additional Services and unpaid
Reimbursable Expenses, and for termination
expenses under subparagraph 6.23.23 below.
6.2.3.2.2. During any phase of Basic Services,
ENGINEER also will be paid for such services
performed or furnished by ENGINEER during
that phase through the date of termination on
the basis specified' in Exhibit B. In addition,
ENGINEER will be paid for the charges of
ENGINEER's Consultants employed to
perform or furnish Basic Services through the
effective date of the termination. ENGINEER
also will be paid for all unpaid Additional
Services and unpaid Reimbursable Expenses,
and for termination expenses under
subparagraph 6.2.3.2.3 below.
6.23.2.3. In the event of termination by
OWNER for convenience during or at
completion of any phase of Basic Services,
OWNER shall pay ENGINEER's reasonable
expenses directly attributable to termination in
accordance with rates applicable to the various
categories of Additional Services measured
from the date of termination, including other
fair and reasonable sums for overhead and
profit, and costs of terminating contracts with
ENGINEER's Consultants.
6.2.3.3. Termination By ENGINEER for Cause.
In the event of termination by ENGINEER for
cause under paragraph 8.1.1, ENGINEER shall be
entitled to receive compensation calculated as set
forth in paragraph6.2.3.2.
6.2.4. Records of ENGINEER's Costs. Records
of ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement will be kept in
accordance with generally accepted accounting
practices. Copies will be made available to
Page 14 of 19 pages
OWNER at cost on request prior to fmal payment
for ENGINEER's services.
SECTION 7--0PINIONS OF COST
7.1 Opinions of Probable Construction Cost.
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 engineer
generally familiar with the construction 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
OWNER wishes greater assurance as to probable
Construction Cost, OWNER shall employ an
independent cost estimator as provided in paragraph
4.9.1.
7.2. Designing to Construction Cost Limit
If a Construction Cost limit is established between
OWNER 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 E, "Construction Cost
Limit," to this Agreement.
7.3. Opinions of Total Project Costs.
ENGINEER assumes no responsibility for the
accuracy.of opinions of Total Project Costs provided
for in Section 2.
SECTION 8--GENERAL CONSIDERA nONS
8.1. Termination
The obligation to provide further services under this
Agreement may be terminated:
8.1.1. For cause,
8.1.1.1. by either party upon thirty 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. 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 thirty days of receipt thereof;
provided, however, that if and to the extent such
substantial failure cannot be reasonably cured
within such thirty-day period, and if such party
has diligently attempted to cure the same and
thereafter continues diligently to cure same,
then the cure period provided from herein shall
extend up to, but in no case more than, sixty
days after the date of receipt of the notice.
8.1.1.2. by ENGINEER:
8.1.1.2.1 upon seven days written notice if
ENGINEER believes that ENGINEER is
being requested by OWNER to furnish or
perform services contrary to ENGINEER's
responsibilities as a licensed design
professional; or
8.1. 1.2.2 upon seven days written notice if
the ENGINEER's services for design or
during the construction of the Project are
delayed or suspended for more than ninety
days for reasons beyond ENGINEER's
control.
8.1.1.2.3. In the case of termination under
this paragraph 8.1.1.2, ENGINEER shall
have no liability to OWNER on account of
such termination.
8.1.2. For convenience, by OWNER effective upon
the receipt of notice by ENGINEER.
8.2. Reuse of Documents.
All documents including Drawings and Specifications
provided or furnished by ENGINEER (or
ENGINEER's Consultants) pursuant to this
Agreement are instruments of service in respect of the
Project, and ENGINEER and ENGINEER's
Consultants, as appropriate, shall retain an ownership
and property interest therein (including the right of
reuse by and at the discretion of ENGINEER and
ENGINEER's Consultants, as appropriate) whether or
Page 15 of 19 pages
'.
not the Project is completed. OWNER may make and
retain copies for information and reference in
connection with the use and occupancy of the Project
by OWNER and others; however, such documents are
not intended or represented to be suitable for reuse by
OWNER or others on extensions of the Project or on
any other project. Any such reuse without written
verification or adaptation by ENGINEER and
ENGINEER's Consultants, as appropriate, for the
specific purpose intended will be at OWNER's sole
risk and without liability or legal exposure to
ENGINEER, or to ENGINEER's Consultants, and
OWNER 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.
Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
8.3. Insurance.
8.3.1.ENGINEER shall procure and maintain
insurance as set forth in Exhibit F, Insurance,for
protection from claims under workers compensation
acts, claims for damages because of bodily injury
including personal injury, sickness or disease or death
of any and all employees or of any person other than
such employees, and from claims or damages
because of injury to or destruction of property
including loss of use resulting therefrom.
ENGINEER shall list OWNER 85 aR additional
mSl:H"ea OR ENGINEER's general liability insl:H"aRce
~
8.3.2. OW}JER shall list ENGll'JEER aRd
ENGI}ffiER's COflsWtaBtS as additiOBal msW"eds Ofl
any general liability or preperty msuraRce policies
carried by O'NNER ':AHeh are apf.llieaele to the
Project. OWNER shall require Contractor te
purOOase and maintain geBeral liaeility aRd other
msuraRce as sf.leeified iR the Contract DeelHlleats aRd
to list ENGll'mER aRd ENUINEER's COBsakaBts as
additional msareds '.vith reSf)ect to SHOO liability"
property aRe ether mSl:H"aRce pl:H"OOased and
maiRtained by Cofltraotor. All policies of property
msunmce shall eoBtaiR provisions to the effect that
ENGINEER's aRd ENGINEER's CORSldtaRt's
iBter-ests are covered aRe that m the e'leat of payment
of aR)' loss er damage the mS\:lfers will ha'/e He rights
of recovery agaiRst ~' of the iRsured or additional
insureds theretmder.
8.3.3. At any time OWNER may request that
ENGINEER, at OWNER's' sole expense, provide
additional insurance coverage, different limits or
revised deductibles in excess of those specified in
Exhibit F. If so requested by OWNER, 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 OWNER, at OWNER's sole expense,
and Exhibit F will be supplemented to incorporate
these requirements.
8.4. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
8.5. Successors and Assigns.
8.5.1. OWNER and ENGINEER each is hereby
bound and the partners, successors, executors,
administrators and legal representatives of OWNER
and ENGINEER (and to the extent permitted by
paragraph 8.5.2 the assigns of OWNER and
ENGINEER) are hereby bound to the other party of
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.
8.5.2. Neither OWNER nor ENGINEER may assign,
sublet or transfer any rights under or interest
(including, but without limitation, moneys that may
become due or moneys that are due) in this
Agreement without the written consent of the other,
except to the extent that any assignment, subletting or
transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless
specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or
responsibility under this Agreement.
8.5.3. Unless expressly provided otherwise in this
Agreement:
8.5.3.1. Nothing in this Agreement shall be
construed to create, impose or give rise to any
duty owed by ENGINEER to any Contractor,
Subcontractor, Supplier, other person or entity,
or to any surety for or employee of any of
Page 16 of 19 pages
them, or give any rights in or benefits under
this Agreement to anyone other than OWNER
and ENGINEER.
8.5.3.1. 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
shall appear in the Contract Documents.
8.6. Dispute Resolution.
If aHa te the ex-teat that OVn-JER aHa ENGINEER
have agreed OR a meth:ed 8:B:d procedare fer resolving
msplttes betweea them arising om: of or reJ.atiRg to this
:\greemeat, sueh displtte resohltioR method aRa
procedme, if aHY, is set forth iR Exhibit G, A. Dispm:e
ResolatioR. @ OVn-JER aRd ENGItJEER agree to
Regotiate iR geea faith f{)r a period ef thirty days
Ham the date of Rotiee of all disputes betweeR them
prior ta eKereism.g their rights lHlaer Ex.\ibit G or
other pro'lisioRS of this '^4~feemEmt, or ooder the law.
8.7. Allocation of Risks--Indemnification.
8.7.1. To the fullest extent permitted by law,
ENGINEER shall indemnify and hold harmless
OWNER, OWNER's officers, directors, partners,
employees and agents from and against any and all
claims, 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 resolutions costs) caused
solely by the negligent acts or omissions of
ENGINEER or ENGINEER's officers, directors,
partners, employees, agents and ENGINEER's
Consultants in the performance and furnishing of
ENGINEER's services under this Agreement. +he
indefBflificatioR provisioR of the preeedm.g seatooce is
SHbjeet te aRd limited by the pravisioHs agreed to by
OWNER aRd ENGINEER in Exhibit H, ":\llocatioR
of Risks, ifaBy.
8.7.2. To the fullest ex-teat permitted by lavv,
O''\,}ffiR shall indemaify aRd hold ha.rmless
ENGINEER, ENGItffiER'S efficers, mreetors,
partaers, employees aHd ageats aRa ENGINEER's
CeRsttltaRts from aRa agamst aHY and all' elaims,
eosts, losses aRd dam.ages (iRclllding bat Rot limited
to all f-ees aRd eharges of eRgineers, architeets,
attorneys aRd other professioaals and all eem or
arbitratioR or other dispate resollltioR eosts) eaased
solely by the RegligeRt aets or 'OnHSSiORS of OWNER
or O\VNER's officers, dHeeters, partRers, employees,
ageats and OWNER's caRs1:tkaBts vlith r-espeet to this
,^.greemeat or the Project.
8.7.3. lB additiaR te the iRdemnity previded lHlaer
paragraph 8.7.2 of this :\greemeat, and to the :fullest
ex-teat permitted by law, OWNER shall iRdemnify
aRd hold harmless ENGINEER aRd its offioors,
dHectors, partRers, employees, aRd agoots aRe
ENGItJEER's COHSt:Ht8:B:tS Hom and agamst all
claims, eests, lesses, and dam.ages (iRelaeiRg bw: Rot
lim:itee ta all fees aRa charges of eRgm.eers, architeets,
attorneys aRd ether prefessioRals and all eom or
arbitratioR or other displlte reselatiaR ClostS) clH:lsed
by, arisiRg Ollt af or relating to the pr-eSeBce,
aiseharge, release, or escape ef Asbestos, PCBs,
Petrolew.n, Hazardous Waste, or Radioaeti';e Material
at, OR, lHlder or from the Projeet site.
8.8 Notices.
Any notice required under this Agreement will be in
writing, addressed to the appropriate party at the
address which appears on the signature page to this
Agreement (as modified in writing from time to time
by such party) and given personally, by registered or
certified mail, return receipt requested, by facsimile,
or by a nationally recognized overnight courier
service. All notices shall be effective upon the date of
receipt.
8.9. Survival.
All express representations, indemnifications or
limitations of liability made in or given in this
Agreement will survive the completion of all services
of ENGINEER under this Agreement or the
termination of this Agreement for any reason.
8.10. Severability.
Any provision or part of the agreement held to be
void or unenforceable under any law or regulation
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.
Page 17 of 19 pages
SECTION 9--EXHIBITS
PROVISIONS
AND
SPECIAL
9. ], This Agreement, is subject to the provisions of the
following Exhibits which are attached to and made a part of
the Agreement:
9,1.1. Exhibit A, "Further Description of Basic
Engineering Services and Related Matters," consisting of _
L pages.
9.1.2. Exhibit B, "Payments to Engineer for Services and
Reimbursable Expenses," consisting of 2 Pages.
9.1.3. Exhibit C, "Duties, Rsponsibilities and Limitations of
Authority of Resident Projeet Representative," consisting
of _ pages,
9. ] .1. Exhibit D," Notice of Acceptability of W orlc,"
consisting ef _ pages.
9.1.5. Exhibit E, "Construction Cost Limit," consisting of
_ pages.
9.1.6. Exhibit F, "Insurance," consisting of 1- Pages.
9.].7. Exhibit G, "Disptl:le Resoll:ltion," eonsisting of
_ pages.
9.1.8. Exhibit H, "A11ocatioR of Risks," consisting of
_ pages.
9.1.9, Exhibit I, "Special Pro'lisions," consisting of_
pages:-
9.2. This Agreement (consisting of pages 1 to~,
inclusive and the Exhibits identified above)
constitutes the entire agreement between 0 WNER
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.
9.3 All Claims, disputes and other matters in
question between the Owner and the Engineer arising
out of or relating to the Agreement, or the breach
thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The Engineer, by
executing this Agreement, specially consents to venue
in Richmond County and waives any right to contest
the venue in the Superior Court of Richmond County,
Georgia.
Page 18 of 19 pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date
first above written.
ENGINEER: Godefroy & Associates
IJ); j:,j
rp BY./~/fb~
Title: t9W~
Address for giving notices:
701 Municipal Building
530 Greene Street
Augusta. Georgia 30911
Address for giving notices:
344 Telfair Street
Augusta. Geoqda 30901
Page 19 of 19 pages
This is EXHIBIT A, consisting of.2 page( s), referred to
in the agreement between OWNER and ENGINEER
for Professional Services, dated October 1, 1999
Further Description of Basic lEngineeri,lg Services and Related Matters
Initial:
OWNER
ENGINEER ~
Scope: We would propose the following sequence of work and associated costs:
1. Obtain an as-built and topographic survey of the area of the proposed box culvert
extension. This will include the necessary information in order to design the culvert
extension as well as determine the extent of filling required and repair and
stabilization of the existing channel which has been eroded due to the velocity of
the water exiting the existing culvert. Elevations will be based upon mean sea level.
For this we would propose to us Bennie C. Harbin, RLS. Upon notice to proceed,
we should have the surveying 'accomplished within 2 weeks.
2. Design and produce plans ready for construction to include a detailed estimate in
accordance with GA DOT standards. Preliminary plans should be complete within 2
weeks upon receipt of the surveying data. Mter your review, we should be able to
complete the plans within a week after your review, barring major changes.
3. We would propose that the surveying services be on a lump sum amount of $850.
This will include the area from Skinner Mill Road to the fence corner of the U-Store
Company which should be sufficient for the scope of work anticipated.
4. We would propose that our engineering fee to accomplish the work as detailed, be a
lump sum fee of $7,250.00. This will include all work necessary to design and
produce contract drawings for construction of the culvert extension.
5. Based upon our initial investigation, it appears that we will have to apply for
permitting through the U.s. C.O.E. and EPD as they will view this work as being in
Waters of the State. As a minimum we will need to have the wetlands flagged and
prepare a report and plan to the U.S. C.O.E. for application under one of the
nationwide permits. We would suggest that a budget figure for this work be $2,000
for.an outside consultant certified in wetland delineation and preparation of a
report for the Corps. We have worked on a number projects with George McDavid of
Johnson, Laschober & Associates and would recommend utilizing his services
unless you would prefer someone else equally qualified to perform this part of the
work.
Page 1 of L pages
(Exhibit A--Basic Services and Related Matters)
6. As a summary the following is a list of the work and proposed costs:
Base Proposal
Surveying -
Engineering -
Wetland Consultant-
$ 850.00
$7,250.00
$2,000.00
Total (Base Proposal) -
$10,100.00
Page 2 of l pages
(Exhibit A--Basic Services and Related Matters)
This is EXHIBIT B, consisting of L pages, referred to
in the Agreement between OWNER and ENGINEER
for Professional Services, dated October 1 , 1999
Initial:
OWNER
ENGINE~
Payments to ENGINEER for Services and Reimbursable Expenses
Section 6 of the Agreement is amended and supplemented to include the following agreement of the parties:
Lump Sum Method of Payment
(With additional payments on a Salary Costs basis for
Resident Project Representative and Operational Phase Services
and additional payments for Reimbursable Expenses)
B6.1 Methods of Payment for Services and
Expenses of ENGINEER.
B6.1.1 For Basic Services. OWNER shall pay
ENGINEER for Basic Services as follows:
B6.1.1.1 General. A lump sum fee of $10,100 for
all services of ENGINEER (except for services of
ENGINEER's Resident Project Representative
performed or furnished under paragraph 2.5.2.1,
Operational Phase services performed or furnished
under paragraph 2.6, and services to furnish easement
plats.) including services of ENGINEER's
Consultants. See paragraph B6.3 for breakdown.
B6.1.1.2 R.esident P."'61ect Representative Servie8s.
For serviees of ENGINEER's Resideat Project
Represefltative penOllB.ed or furnished l:I:Bder
paragraph 2.5.2.1, an om01:lRt eqHal to ENGINEER's
Salary Costs time a faetor of for serviees
perf-ormed or furnished by priacipals and employees
eegaged weedy in resideDt Prejeet R~reseHtatioH.
B6.1.1.3 Oper-atien Phase Sen'ices. For OperatioD
Phase Serviees performed or furnished aDder
paragraph 2.6, BB omOtiHt eE')ti.al to the ENGINEER's
Salary Costs times a faster of _ for serviees per
formed or :furnished by priHeipals and empleyees
eflgaged weeny OR the Projeet
B6.1.2.1 Genepa!. For serviees of ENGINEER's
prineipals and employees tmgaged ffir-eetly OR the
Projeet performed or furnished pursHaftt te paragraph
].1 er ]. 2 (ex-sept services as a CODSUltaRt or ..vimess
ooder paragraph 3.1.1.17), BB ammmt eqaal to
ENGINEER's Salary Costs times a factor of _'
B6.1.2.2 EVGLVEER's Cef'lsultaf'lts. Fer serviees of
ENGINEER's CODswtBBtS perf-ormed or furnished
purOOBBt to paragraph. ].1 or 3.2, the BIBeUftt billed to
E}IGINEER therefor times a footor _
B6.1.2.3 Cest PI-us e,. !ns€l'ltlve Ssvil'lgs
Censtruetien Cef'ltr-aot8. If BB)' eefttFact for work
desigaed er speeified by ENGINEER for the Prejeet
eORtams eost pllis or ineeatiY0 savings provisions for
CORtraetor's basie eompeRsatiOB, BB aeffitieHal himp
S1:HB fee of $ for eaOO SHOO cOHtract for
Basie Services ooder 86.1.1.1 8ft:d eH the basis
inffieatea in B6.1.1.2 8ftd Be.1.1.3 @Keept that the
factors in B6.1.1.2 and B6.1.1.3 shall be:
B6.1.1.2
B6.1.1.3
86.1.2.4 Several Prime Ce1'll1'€lot8. If more t:bBB eHe
separate prime eODtraet is awarded for work designed
er speeified by ENGINEER for the prejeet, 8ft
additiORal Il:l:A'lp sum fee of $ for eaOO
SliCR additioDal prime contract f-or Basie Serviees
B6.1.2 Fer Adm/lenal Servioe& O')/NER shall pay WIder B6.1.1.! 8.Hd eft the basis indicated m B6.1.1.2
ENGINEER for l\dditiORal Services as follows: BBd B6.1.1.] ex-eept that
Page 1 of ~ pages
(Exhibit B--Lump Sum Method)
the faetors iR B6.1.1.2 afld B6.1.1.3 shall be:
BG. 1. 1.2
B(d.1.3
B6.1.2.5 Serving as a Witness. For services
performed by ENGINEER's prineipals and
employees as eORswtaats or witResses iR ~'
titigatioR, arbitratieR er et:her legal or admiRistrative
preeeed-iRg l:lfl.der paragraph 2.1.17, at the rate of L
per day or My portion thereof (but
eompeRsation for time SpeRt in prepar.Bg to appear iR
aflY suah litigation, arbitration or prooeediRg \-vi]l be
OR the basis prov-idee iR paragraph B6.1.2.2.
B6.1.3 For ReimBursaBle Expenses. O\VNER shall
pay ENGINEER for ReimbHfsable Expeeses Stieh as:
The aFBOlmt payable to ENGiNEER fer ReimeHfsable
Expenses will be the ooarge aetually iReWT-ae or the
impl:ltee eost al10eatee by ENGn-JEER therefor times'
a factor ef
B6.1. 4. Sal-sry Costs. Salary Costs means salaried
afld wages (Basie, prem:ilifR lHld iRceBtive) paid to
persoNnel plus the cost of eHstomary aRe statutory
benefits iRehuiing, but BOt limited to, soeial seeurity
eotrtribl:ltioBs, l:lfl.employmem:, ~{cise aRd payroll
taxes, worker's compeRsatioR, health aRe retirement
beRefits, heRuses, sielc 1eaye, vaeatioB lHld holiday
pay applioable ther-eto.
The priReipals of ENGn-JEER afle the impl:lted
oorrent homly Salary Costs of SHOO priRcipals are as
follews:
PriReiDal (name aRd title)
ImpHted HOHfly
Salary Costs
,^~s substaRtiated by payroll r-aoords $
$
$
$
BG.1.5 Adju8tment ofSa,1ary C&sts. The Salary Costs
lHld the factor applied to Salary Costs in determiaiRg
eompeRSatioR payable' to ENGn-JEER wiU be
adjasted lHlHHally aRd equitably to refle0t elumges iR
the VariOHS elements that comprise sueR Salary Costs
aRd faetor. All SHOO adjHstmefl.ts will be Hi
aooordlHloe ~nth geRerally aooepted a600HRtiHg
praetiees as applied OB a consistent basis by
ENGINEER aRe cORsistent with ENGn-JEER's
overall eompeasatioR praetiees aBd proeedmes.
Blt.l Other Pro.,isioBS COBeemmg PaymeBts.
BG.2.1 PF-8j9aMtion of !w/oiGe8. The portieR Elf the
amOlJHt billed f-or ENGn-JEER's serviees '.vhioo is OR
accOlmt of the LH:m.p sum vnll be basea 1:lf>on
ENGINEER's estimate of the proPOrtiOR of the total.
servioes aeRially eempleted at the time efhilling. The
portioR related to serviees nmdered OR a Salary Casts
basis will be hilled based OR the Sal:arj Cests
(mHltiplied by a faetor, if lHI.y, as sfatea above)
iRel:lffea at the time of billing.
B6.2,3 P-syments Upt)1'l Terminatien.
B6.2.3.4 In the event ef termi:HatioH dur.l1g an-y phase
of the Basil.? Serviees, ENGINEER will be paid for
serviees perf-ormed or fu.nHshea in aeeordanee .vith
this Agreement dur.Bg that phase OR the basis of
ENGn-IEER's Salary Costs times a faotor of _ for
serviees perf-ormed or furnished during that phase te
date of termiRatioR by E}~Gn-JEER's priReipals BRd
employees eagaged direotly on the Projeet.
(The remainder of this page was left blank intentionally.)
Page 2 of -L pages
(Exhibit B--Lump Sum Method)
This is EXHIBIT F, consisting of -L pages, referred to in and
part of the Agreement between OWNER and ENGINEER for
Professional Services dated October 1, 1999.
Initial:
OWNER
Insurance ~A_~ ~
ENGINEER ~
Paragraph 8.3 of the Agreement is amended and supplemented to include the following agreement of the parties.
F8.3 Insurance
A. The limits of liability for the insurance required by paragraph 8.3.1 of the Agreement are as follows;
1. By ENGINEER:
a. Workers' Compensation:
Statutory
b. Employer's Liability--
I) Each Accident:
2) Disease, Policy Limit:
3) Disease, Each Employee:
c. General Liability--
I) Each occurrence (Bodily Injury and property Damage):
2) General Aggregate
d. Excess or Umbrella Liability--
1) Each Occurrence:
2) General Aggregate:
e. Automobile Liability--
1) Combined Single Limit
(Bodily Injury and Property Damage):
Each Accident
f. Other (specify): Professional Liability
2. By OWNER: Self-Insured.
Page 1 of 1 pages
(Exhibit F--Insurance)
GODEFROY, SCOTT
POBOX3122
AUGUSTA GA 30914-3122
l I
DECLARATIONS PAGE AMENDED
- t I
STATE FARM FIRE AND CASUALTY COMPANY I
11350 JOHNS CREEK PKY, DULUTH GA 30098-0001 I I
A STOCK COMPANY WITH I-tOME OFFICES IN BLOOMINGTON, ILLINOIS
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AUG 17 1998
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Pdicy Number
91-GO-3828-4
Agent Copy
Named Insured and Mailing Address
1983-F837 6
Cov A - Inflation Coverage Index: N/A
BUSINESS POLICY - SPECIAL FORM 3 Cov B - Consumer Price Index: 161.6
I\UTOMATlC RENEWAL - If tile POLICY PERIOD is sl10wn as 12 MONTHS, tl1is pOlicy will be renewed automatic:,i
slIlJject to tile premiums, rules and forms in effect for eacl1 succeecling policy period. If tl1is policy-is terminated, we \^
give you ancl trle Mortgagee/Lienl1older written nolice in coi11pliance Wllll tile policy provisions or as required by law.
Policy Period: 12 Monllls TIle policy peri.od begins and ends a112:01 am standard time at the
Effective Date: APR 4 1998 premIses location,
Expiration Date: APR 4 1999
!'-lamed Insured: Inclividual
'_ocation of Covered Premises:
~344 TELFAIR ST
AUGUSTA GA 30901-2450
Y ollr policy is amended AUG 17 1998
SECTION II COVERAGE LIMITS CHANGED
Coverages & Property
Section I
A Buildings
B Business Personal Property
C Loss of Income
Limits of Insurance
ccupancy:
lce
Excluded
$ 50,500
$ Actual Loss
Section II
L Business Liability
M Medical Payments
Products-Completed Operations
(PCO) Aggregate
General Aggregate (Ol/'Ier
Ttlall PCO)
$ 1,000,000
$ 5,000
Excluded
$ 2,000,000
Deductibles - Section I
$ 250 Basic
Forms, Options, and Endorsements
Special Form 3 '
Amendatory Endorsement
Tree Debris Removal
Policy Endorsement - Business
Glass Deductible Deletion
Products/Operations Liab Excl
Testing/Consulting E&O Excl
FP-6103
FE-6211.1
FE-6451
FE -6464
FE-6538.1
FE-6312
FE-6510
In case of loss under this policy, the deductible will '
applied to eacl1 occurrence and will be deducted from r
amount of the loss. Other deductibles may apply - refe!
policy. . .
Endorsement Premium
Increase $ 9.45
Discounts Applied:
Protective Devices
Continued on Reverse Side of Page I ,
OTHER LIMITS AND EXCLUSIONS MAY APPLY - REF.ER TO YOUR POLICY' ,/
:~d;~~~98 counth~xdl ~ea~h/-Ue)L ~ ~q ~
FP-B030,2C ATJ7 BY~", e21-EiCid-LJ)1 t _~~ Agent
06/1993 ! I
'(our policy consists of this page, any endorsements CHARLES EIDSON i I
;'nd the policy form. PLEASE KEEP THESE TOGETtIER. (706) 650-0505 'I' I
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P~licy Number
91-GD-3828-4
nUSINESS POLICY - SPECIAL FORM 3
Forms,Options,and Endorsements
F'rotective Safeguard
Prepared
AUG 20 1998
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Department of Public Works and Engineering
Jack F. Murphy, Director of Public Works
Clifford A. Goins, Interim Assistant Director
Public Works - Engineering Division
October 28, 1999
Mr. Scott Godefroy
Godefroy and Associates
P. 0: Box 3122
Augusta, GA 30914-3122
RE: Skinner Mill Road Culvert Extension Project
File Reference: 87-056 .
Project Reference: 322-04.,.299822391
Dear Mr. Godefroy:
Room 701, 530 Greene Street
Augusta, Georgia 30911
(706) 821-1706 FAX (706) 821-1708
Enclosed herewith is an executed Engineering Contract on the above referenced project for your
records.
Please consider this as your "Notice to Proceed" with the Engineering Services in accordance
with the enclosed contract.
Clifford . Goins
Interim' Assistant Director
Public Works - Engineering Division
cc: Mr. Jack Murphy, Director of Public Works
Ms. Teresa Smith, Pre-Construction Engineer, w/original of contract
Ms. Lena Bonner, Clerk of Commission, w/original of contract
CAGlcjv
"\