HomeMy WebLinkAboutAugusta & Cranston
Augusta Richmond GA
DOCUMENT NAME: f\uC6'-^S-\O d. GW~
DOCUMENT TYPE: ~G&
YEAR: Od
BOX NUMBER: \5
ALE NUMBER: \~q~
NUMBER OF PAGES: Q))S'
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY A HORNEY
BOB YOUNG
Mayor
P,O, Box2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@cO.RICHMOND.GA.US
RICHARD L. COLCLOUGH
Mayor Pro Tem
March 20, 2002
Ms, Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 3091]
Dear Lena:
LEE BEARD
TOMMY BOYLES
ULMER BRIDGES
ANDY CHf:EK
BOHH\' G. HANKF.RSON
WILLIAM B. KUHLKE, ,JR,
WM, "WILLIF." 1.1. MAYS, III
STEPIIF.N E, SIIF.PARD
i\..lt\RION \VILLIAMS
GEORGE R. KOLB
Administrator
I enclose herewith an original of the Contract between Augusta and Cranston,
Robertson & Whitehurst, P.c. for Phase One of a combination Conmmnity Center and Library at
Diamond Lakes Regional Park. Please include this in the City's pemlanent records,
Ron Houck.
By carbon copy of this letter, I am forwarding an original to Derulis 1. Welch and
With best personal regards, I am
Yours very truly,
~
James B, Wall/-o.-p
JBW/sjp
Enclosure
cc: Mr. Derulis 1. Welch
Mr. Ron Houck
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use,
completion or modification, This document should be adapted to the particular circumstances of the contemplated
Pro'ect and the a licable laws of the 'urisdiction in which the rofessional services for the Pro'ect are to be erformed.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of
March 8
,2002
between Augusta. Georgia
("OWNER") and
Cranston. Robertson & Whitehurst. p,c.
('ENGINEER"),
OWNER intends to construct Phase One of a combination Community Center and Library consisting of approximately
39,000 square feet at Diamond Lakes Regional Park ("PROJECT")
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance offumishing 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, "further Description of Basic Engineering Services and Related Matters" ("Exhibit A") and in
the other exhibits listed in Section 9 below, This Agreement will become effective on the date first above written,
Page 1 of 15 pages
SECTION I--GENERAL
1,1 Standard of Care.
ENGINEER shall perform for or furnish to OWNER profes-
sional 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 profes-
sional 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 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 conditions
at the same time and in the same locality, ENGINEER makes no
warranties, express or implied, under this Agreement or other-
wise, 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
defined herein, the terms which have an initial capital letter in
this Agreement and are defined in the standard General Condi-
tions will be used in this Agreement as defined in the Standard
General Conditions. The term "defective" will be used in this
Agreement as defined 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. I Additional Services, Additional Services means the
services to be performed for or furnished to 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 de-
scribed 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 financing charges incurred in connec-
tion 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 ofthe 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 ENGI-
NEER'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 perfor-
mance 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 Reim-
bursable Expenses" ("Exhibit B"),
1.3 ,8 Resident Project Representative, Resident Project
Representative means the authorized representative ofENGI-
NEER who will be assigned to assist ENGINEER at the site
during the Construction Phase, The Resident Project Represen-
tative will be ENGINEER's agent or employee and under
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 financing 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,
Page 2 of 15 pages
SECTION 2--BASIC SERVICES OF ENGINEER
2.1 Study and Report Phase (Conceptual Design)
Upon this Agreement becoming effective, ENGINEER shall:
2,1, I Consult with OWNER to understand OWNER's require-
ments for the Project and review available data,
2,1.2 Advise OWNER as to the necessity of OWNER's provid-
ing 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.
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 profes-
sional and related services provided by ENGINEER and, on the
basis ofinfonnation 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 (I) 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 final
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 ENG INEER, 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,
2.2 Preliminary Design Phase.
After acceptance by OWNER of the Conceptual Design,
selection by OWNER of a recommended solution and indica-
tion 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 the basis 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
infonnation or services of the types described in paragraph 4.4
are necessary and assist OWNER in obtaining such reports,
data or other infonnation and services,
2,2,3 Based on the infonnation 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 wi II 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 Prelimi-
nary 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.
Page 3 of 15 pages
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 docu-
ments, 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, extent and
character of the work to be performed and furnished by Contrac-
tor and Specifications (which will be prepared, where appropri-
ate, 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 OWNER'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,S, 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 appropri-
ate) 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 Documents Committee), and assist in the prepara-
tion of other related documents.
2.3,5 Furnish the above documents, Drawings and Specifica-
tions 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 2.5
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 ENG INEER during the Final
Design Phase as set forth in this paragraph 2,3 are amended and
supplemented as indicated in Exhibit A,
2.4 Bidding 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 OWNER in advertising for and obtaining bids or
negotiating proposals for the contract for construction, materi-
als, 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 clarity, correct or
change the Bidding Documents,
2.4.3 Consult with OWNER as to the acceptability of subcon-
tractors, 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 assem-
bling and awarding contracts for construction, materials,
equipment and services.
2.4.S 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.S, 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.
Construction Phase
During the Construction Phase:
2,S,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, responsi-
bilities 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
Page 4 of 15 pages
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 ill progress:
rp
2.5.2,1 ENGINEER shall make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER 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, II. additiolt,
eNG INeeR ...1.1111 PIO. idc tI.c sCI . iCG'" of a Residc..t Pt ojcct
RcplcSelttllti.e at tl.G ...itc to assist enGINeeR lu.d to
PIO. ide mOl e contil.oous obsel .atiolls of suel. ~olk. Tllc
fulltisLil.g of suel. Resideltt Ploject Rcplcsclltati.c so . iecs
~ ill Itot cxtend eNGINeeR's responsibilitics 01 autl.ol it}
bGyoltd tl.c specific lilllits sa rOt tl. dsc~I.GI G ilt tl.is pal a
Staph 2,5. Such visits and observations by ENGINEER and
tllC Resident Plojeet Repl esentati .e 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 ENGI-
NEER in this Agreement and the Contract Documents, but
rather are to be limited to spot checking, selective sampling
and similar methods of general observation ofthe work based
on ENGINEER's exercise of professional judgment as
assisted by tI.e Residcllt Ploject RGplcsel.tati.G, Based on
information obtained during such visits and such observa-
tions, ENGINEER shall endeavor to determine in general if
such work is proceeding in accordance with the Contract
Documents and ENGINEER shall keep OWNER informed
of the progress of the work. The responsibilities of ENGI-
NEER 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 else-
where.
rp
'?J 2.5,2,2 The purpose of ENGINEER's visits to altd lepleselt-
tatiolt by tl.c Resident Pled"t RGplcselltati.e at the site will
be to enable ENGINEER to better carry out the duties and
!J responsibilities assigned to and undertaken by ENG IN EER
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 Docu-
ments 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, se-
quences or procedures of construction selected by Contrac-
tor, 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 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,
2,5,3 Defective Work. During such visits and on the basis of
such observations, ENGINEER shall have authority to disap-
prove 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 interpreta-
tions 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, ENGI-
NEER 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 "or-equal" materials and
equipment proposed by Contractor, but subject to the provi-
sions of paragraph 3.2.2.
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 certificates will be
for the purpose of determining that the results certified indicate
compliance with the Contract Documents and will not consti-
tute an independent evaluation that the content or procedures of
such inspections, tests or approvals comply with the require-
Page 5 of I 5 pages
ments of the Contract Documents, ENGINEER shall be entitled
to rely on the results of such tests,
2.S,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 Docu-
ments 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,S,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 recom-
mendations 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 ENGI-
NEER'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 Documents), The
responsibilities of ENGINEER contained in paragraph
2,S,lO,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,S.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 fur-
nished 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 ENGINEER 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 perform-
ing 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,S, I I Contractor's Completion Documents, ENG INEER
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 Documents, certificates of inspection,
tests and approvals, and marked-up record documents (includ-
ing Shop Drawings, Samples, and other data approved as
provided under paragraph 2,S,6 and marked-up record Draw-
ings) which are to be assembled by Contractor in accordance
with the Contract Documents to obtain final payment. ENGI-
NEER'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 approv-
als that the results certified indicate compliance with, the
Contract Documents,
2,S.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,S,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, fmal payment to Contractor, Accompa-
nying the recommendation for final payment, ENG INEER shall
also provide a notice in the form attached hereto as Exhibit D
(the "Notice of Acceptability of Work") that the work is
acceptable (subject to the provisions of paragraph 2,S, I 0,2) 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,S,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.
ENG INEER shall not be responsible for Contractor's failure to
perform or furnish the work in accordance with the Contract
Documents,
2,S, IS Duration of Construction Phase. The Construction
Phase will commence with the execution of the construction
Page 6 of 15 pages
contract for the Project or any part thereof and will tenninate
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 amend-
ed and supplemented as indicated in Exhibit A.
4/1
2.6 Dile, ationaI rha~e
Ow ing thG Opcutional PJ.1lSG, CNGINCCR sl.all, ~1.elI IC
qUGsted b)' O\VNCR,
2,6,1 Plovide a.5sistancc ilI eOI1I.cctiolI witl. tI.G lefilIing lIild
adjusting of an) equipmellt 01 S)'StGII1.
2,6.2 Assist OWNCR ill ttailliIlg OWNCR's staff to opo ate and
l1.an.tailI the Plojeet.
2,6.3 Assist OWNCR nl dGvdopilIg s)'stel11s and ploGedulcs fo.
eOlItI 01 of tl,c opel at;olI alId IllaintelI1mee of alId I ceol d keeping
[01 tJ.c Plojeet.
2,6.4 Plcpalc a set of leploducible IGeOId dlavvilIgs sl.o~ilIg
Iceold ilIf"oIIhatiolI wl.icll CNGINr:CR e.olIsidos s;glIifie.alIt
basc.d Oh ti,e. Dlawihgs, SI.op Dla~ilIgs, add otl.G. lecold
dOe.l11l1e.lItS ftIlnisl.e.d by COlItIaGtol to r:NGINr:CR ~I.id. ..(;Ie
alIlIotated by Conti acto I to 051.0.-. all d.1'lhgCS IlIade. dtII ing
eomtI uctioll. r:NGINCCR ~ ill not b<:. lespoll3ible [01 alIy el I OIS
ih 01 olllissiolIS in tl.e ;".f"ol 11IatiolI pi 0 v ided by COlItl aetol tl.at
is ine.olpolated ilI the I<:,cold dla~ihgs 01 otl.<:'1 Iccold doe.u-
n-tetm:-
2,6.5 In eOl11pany ~ ith OWNI:R, visit tl.e PI ojcct to obsGI ve alI)'
appalGllt dGf'Gcts ih tile completed ~olk, Msist OWNCR ill
eOl1sultatiolls 1'lhd discussiol,s ~ itl. Conti acto I eOhce.llIilIg
e.OIlCe.t;OIl of Sd.:.!. dc-rea::., "lid 11I1'lJ..C . e.C-OllllllC-I.dctt;OI.S M to
IcplacclllclIt 01 e.oITee.tioll of de&etive. ..olk,
2.6.6 Plovidc 1Iliscdilu.eous sel viccs a.5 lequestcd by OWNCR
ilI connection ~ itl. PI ojee.t closeout.
2,6,7 TI.e OpCI atiohal PI.ase ilia)' conmlClIce dw ihg tI.e
COhstl ue.tion Pl.ase M.d ~ ill tCIIninatc one. ye.ar aftel tile date of
Substalltial Completion,
Thc duties ahd IcspOI.sibilitics of r:NCINCCR dtIIing the
OpelatiolIal PI.a.5c as set [oltl, ilI tllis pal agl ap], 2,6 alc alllchded
alId suppleu.cntcd a.5 indicated ill Chhibit A.
SECTION 3--ADDITIONAL SERVICES OF ENGINEER
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 other-
wise provided in Exhibit A. These services will be paid for by
OWNER as indicated in Section 6,
3,1. I 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 havingjurisdiction overthe 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 infonnation 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 Docu-
ments, 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 infonnation about such
conditions that OWNER previously provided to ENGI-
NEER 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
infonnation under paragraph 4.4 if such infonnation 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
Page 7 of 1 5 pages
appraisals; assistance in obtaining financing 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 furnish-
ing the same under paragraph 4.4,
3.1, 10 Services attributable to a variation 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 ENGI-
NEER 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, includ-
~ ing, but not limited to, COItStl uctiolt MaltagclI,elIt, Cost Estimat-
ing, Project Peer Review, Value Engineering and Constructabili-
ty Review requested by OWNER; and performing or furnishing
services required to revise studies, reports, Drawings, Specifica-
tions or Contract Documents as a result of such review pro-
cesses,
, J ,1.13 Dctwnilt;:ng thc acccptability of substitute:. Illata ials a,ld
cquipnlcnt ploposed dtll ilIg thc Didding 01 Ncgotiatil.g rJ.asc
~I,C11 .5dLstitutiolt PI ;01 to thc a~ald of cOI/tra.:ts is allo~cd by
the Diddiltg DOCUhlCh~.
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,S, if Exhibit E is a part of
this Agreement.
'3,1,15 Providing field stll.eyS fOI design pUlpOSCS, 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 Documents 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 compensa-
tion for Basic Services is not commensurate with the extent of
the additional services rendered.
3,2.2 Services in making revisions to Drawings and Specifica-
tions occasioned by the acceptance of substitute materials or
equipment other than "or-equal" items; and services after the
award of the construction contract in evaluating and determin-
ing the acceptability of a substitution which is inappropriate for
the Project or an excessive number of substitutions,
3,2.3 Services resulting from signi ficant 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 Opera-
tional Phase) in connection with any partial utilization of any
part of the Project by OWNER prior to its Substantial Comple-
tion,
3.2,6 Evaluating an unreasonable claim or an excessive
number of claims submitted by Contractor or others in connec-
tion with the work,
Page 8 of 15 pages
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:
4.1 Designate in writing a person to act as OWNER's represen-
tative 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 define 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 including 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
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;
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;
fJU'J'
r- 4.4,5 field ~Ul vGy~ fOl dG~igl. ptllpO~G~ alid plOpGlty, bOtll1d
, al" GMGIllGlJt, Iigl.t of way, topoglapl.iG al.d utilitJ' ~Ul vG)~ or
data, iliclndilig lGkv/1l1t I dCIGItCG pOil.t~,
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, engineer-
ing 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 ENGI-
NEER 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 approv-
als and consents from others as may be necessary for comple-
tion of such portions of the Project.
4,9 Provide, as may be required for the Project:
4,9, I accounting, bond and financial advisory, independent
cost estimating and insurance counseling services;
4,9.2 such legal services as OWNER may require or ENGI-
NEER may reasonably request with regard to legal issues
pertaining to the Project, including any that may be raised by
Contractor; and
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,) that Contractor is complying with any law, rule,
regulation, ordinance, code or order applicable to Contractor's
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, I 0,1 and 4,) 0.2 above. The identity
Page 9 of 15 pages
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, responsibili-
ties 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 ofW ork, 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 ENGI-
NEER 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 para-
graph,
4,13 Ifmore than one prime contract is to be awarded 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 define 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 ENG INEER 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,],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-construc-
tion conferences, construction progress and other job related
meetings and Substantial Completion and final payment inspec-
tions,
4,]6 Give prompt written notice to ENGINEER whenever
OWNER observes or otherwise becomes aware of any develop-
ment 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.
4,]7 Furnish, or direct ENGINEER to provide, Additional
Services as stipulated in paragraph 3,] of this Agreement or
other services as required,
SECTION 5--TIMES FOR RENDERING SERVICES
5, I 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 reasonably be
required for the design, award of construction contracts,
construction and initial operation ofthe Project including extra
work and required extensions thereto,
5.2 If in this Agreement specific periods oftime for rendering
services are set forth or specific dates by which services are to
be completed are provided and ifsuch 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 in 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, I for more than three months through no fault of ENGI-
NEER, ENG INEER 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 Construc-
tion 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
Page 10 of 15 pages
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 ENGI-
NEER is to be performed or furnished under more than one
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 offast-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 be prepared and included in Exhibit A whether or
not the work under such contracts is to proceed concurrently,
SECTION 6--PA YMENTS TO ENGINEER FOR SERVICES
AND REIMBURSABLE EXPENSES
6.1 Methods of Payment for Services and Expenses of
ENGINEER
6, I, I 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 ENGI-
NEER 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, I 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 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 first 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.
6.2,3, I 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 accor-
dance with this Agreement for all such services per-
formed or furnished by ENGINEER and ENGINEER's
Consultants through the completion of such phase will
constitute total payment for such services, ENGI-
NEER 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 per-
formed or furnished in accordance with this Agreement
by ENGINEER during that phase through the date of
termination on the basis specified in Exhibit B. ENGI-
NEER also will be paid for the charges of ENGI-
NEER's Consultants employed to perform or furnish
Basic Services to the extent such services have been
performed or furnished in accordance with this Agree-
ment through the effective date of the termination,
ENG INEER also will be paid for all unpaid Additional
Services and unpaid Reimbursable Expenses,
6.2.3,2 Termination by OWNERfor Convenience, In the
event of termination by OWNER under paragraph 8,1.2,:
6.2,3,2, I Upon the completion of any phase of Basic
Services, progress payments due ENGINEER in accor-
dance with this Agreement for all such services per-
fonned 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 6.2.3,2.3 below,
6.2.3,2.2 During any phase of Basic Services, ENGI-
NEER also will be paid for such services performed or
furnished by ENG INEER 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 subpara-
graph 6,2.3.2,3 below,
6.2.3.2,3 In the event of termination by OWNER for
convenience during or at completion of any phase of
Basic Services, OWNER shall pay ENGINEER's
Page 11 of 15 pages
reasonable expenses directly attributable to tennination
in accordance with rates applicable to the various catego-
ries of Additional Services measured from the date of
tennination, including other fair and reasonable sums for
overhead and profit, and costs of tenninating contracts
with ENGINEER's Consultants,
6.2.3.3 Termination By ENGINEERfor Cause. In the event
of tennination by ENGINEER for cause under paragraph
8,1,1, ENGINEER shall be entitled to receive compensation
calculated as set forth in paragraph 6.2.3,2,
6,2.4 Records of ENGINEER's Costs, Records of ENGI-
NEER'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
OWNER at cost on request prior to final payment for ENGI-
NEER'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 experi-
ence 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, materi-
als, equipment or services furnished by others, or over the
Contractor's methods of detennining 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 independ-
ent cost estimator as provided in paragraph 4,9, I.
,
7.2 D~~;gll;dg to COII~t1 nd;od Co"t Lim;t
If a COl1stl uctioll Cost lilllit is Gstablisl,Gd bGtww. OV/NeR I'tl.d
eNGINeeR, such COIlStJ uctioll Cost lilllit alld a statcllIGnt of
eNGINeeR'!! ligl.t1l al.d IGspollsibilitic!! witl, lGSpcet t1.GlctO
will bG !!peeifieallj set forth ill exhibit C, "COhStJ uctioh Cost
Limit," to tl.is Agl CCllKIlt.
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 CONSlDERA TIONS
8.1 Termination
The obligation to provide further services under this Agreement
may be tenninated:
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 perfonn
in accordance with the tenns hereof through no fault of the
tenninating party. Notwithstanding the foregoing, this
Agreement will not tenninate 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
perfonn 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. I upon seven days' written notice if ENGI-
NEER 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, I, I .2,2 upon seven days' written notice if the ENGI-
NEER'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 tennination under this para-
graph 8,1.1.2, ENGINEER shall have no liability to
OWNER on account of such tennination,
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 not the Project is completed, OWNER may make
and retain copies for infonnation and reference in connection
with the use and occupancy of the Project by OWNER and
others; however, such documents are not intended or repre-
sented 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
Page 12 of 15 pages
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 adapta-
tion 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,
CNGINCCR 511all li5t OWNCR M alI additional ilI5uled 011
CNGINCCR'5 gOKlalliabilit} ilI5ulalIcc poliC},
8,3.2 OWNCR 5hall li5t CNGINCCR alId CNGINCCR'5
COlI5ultal.t5 M additiol1al in5U1ed5 011 al1y ~clIellll liability 01
plOpCI't} in5U1al1cc policie5 eallied by O''vNCR ~llidl ale
applicable to thc rlojcct. OV/NCR 5hall Icqui!c COlltIaGtol to
purehll3e alId maintain genCIalliabilit} ahd otllcl in5Ule'lIICC a5
5pccified in tile COlItlaet Documellt5 alld to li5t CNGINCCR alId
CNG INCCR' 5 COlI5ultallt.!> M additiolIal i115U1 ed5 ~ ith 1 e.!>peet to
5ud. Iiabilit}, plopel1) e'l!ld othe! ;'1l5UI/lIICe pUldl/l5ed and
IllailItaihed by Contl/lctol. All polieie5 of plOpCrty ilI5UI1UlCC
5hall eontail1 plovi5ioll5 to tIle effect tllat D<lGINCCR'5 alId
CNGINrCR'5 C0l15ultallt5' illtele~t!, /lIC cOvcled rold that ill tllc
Cvwt ofpa}1l1clIt of all} 105501 dalll/lgc tllC ilI5tIlel.!> ~illllavc 110
ligllt5 of leeOvel) e'lgain5t all} of tllc in5U1cd 01 ddditiohal
imUl Cd5 tllel cuhdcr.
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 speci-
fied in Exhibit F, If so requested by OWNER, and if commer-
cially 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 require-
ments,
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 repre-
sentatives 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, adminis-
trators 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 responsibil-
ity under this Agreement.
8,5.3 Unless expressly provided otherwise in this Agreement:
8,5.3, I 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 them, or
give any rights in or benefits under this Agreement to
anyone other than OWNER and ENGINEER,
8.5.3.2 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 shall appear in the Contract
Documents, /),//.1,,)
8.6 Di.~pute ResoIut;ou. ~~pv
Ifrold to the extGl.t that OWNCR Al1d CNGINCCR Ilavc agleed
on a Ihethod e'lhd ploeedule fOlle501 ving di5putC5 bGtvveelI tllChl
aIi5ilIg out of 01 Iclatihg to t1.i5 Agleelllellt, 5udl di5pute
IC50lutioh IlIetllod alId plocedUle, ifalI}, i5 5et fOlt" ilI Cx:I.ibit
G, "Di5pute Re501t.tiol.." OWNCR ahd CNGINCCR agleG to
II\~gotiate;1I good fa;t11 001 a pGI;od oftll;lly day.5 fI011I the dat"
of Il0tic" of all di5pute5 bcmeeh tllelll pI iOl to exel ei5ilIg tl.cil
I ig"t5 Ulldel Cxllibit G 01 otllel pI Ov i5iol15 of tlli5 Agl eCIIICl1t,
01 u.ldel th" la~,
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. ' ,
plcced;lI~ .!>cl.tcnce i5 5ubjCGt to e'llld limited by tl.e plovi5ioh5
Page 13 of 15 pages
,
ae1ced to by OWNI:R al1d I:NGmCI:R ill I:xllibit II, "AlIoca
tioll of Risk5," if all) ,
8,7.2 To tllG fulkst cxtwt pClll,iue.d by law, O'vVNCR shall
indeJ1dlify and hold haIllllcss I:NGINI:I:R, I:NGINI:CR'S
officels, duec.tols, pllltlKIS, elllplo)ccs al1d agents al1d CNGI
NI:I:R's COllsultal1t5 Nonl al.d agail.st all} and all claillls, costs,
losse.s and dalllage.s (includil,g but 1I0t lilllitcd to all fe.cs al.d
clla,/~es of e.l1gil1ceIS, ardlitcGts, attoll1C)s al1d odle.1 plofGssiol1
als abd all eoui t 0, a, bitt atiol1 01 od.GI dispute. I e.soltltion costs)
Gaused sold} b) tile. negligent acts 01 on.issions of O'NNCR 01
O'lINCR's officels, dilectols, partl1crs, eI11plo}ccs, agcllts 1\bd
OWNCR's cOl1sultants ~itll lespect to this Aglcelllent 01 tl.G
rlojGGt.
~~~#:~;$EE~~~~~~
qif' ~~, OWNCR sll1\lIuldGI1IDlfy /thd J.old l,alIllkss CN€INEI:R
al1d its officels, dncc.tols, parthGlS, elllplo}Gcs, and agGhts and
CNGn~I:I:R's COllsultallt! NOIII al1d agaihst all claillls, e.osts,
losses, and daIllages (ihcluding but 110t lin.ited to all oces al.d
chalges of el1ginecH, alcl.iteets, attoIllC)s ahd otllel plofessiol.-
als Ilnd all court 01 albitJatiol1 01 odlel dispute lesolutiol1 costs)
e.ause.d by, al ising out of 01 I datibg to d,e pi e.Se.I1e.e., discl.al ge,
I dease., 01 e.se.ape of Asbestos, rCDs, Petlokun., IIIlLA.dous
Waste., 01 Radioacti ve MateI illl at, 011, U1ldel 01 fi 0111 tile PlojGe.t
~
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 facsim-
ile, 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 tennination 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 refonned 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,
SECTION 9--EXHIBITS AND SPECIAL PROVISIONS
9.1 This Agreement is subject to the provisions of the follow-
ing 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 2.. pages,
9,1,2 Exhibit B, "Payments to Engineer for Services and
Reimbursable Expenses," consisting of ----1... Pages,
9.1,3 Exhibit F, "Insurance," consisting of..l. Pages,
9,1.4 Exhibits Omitted:
A, Exhibit C - Duties, Responsibilities and Limitations of
Authority of Resident Project Representative,
B. Exhibit D - Notice of Acceptability of Work.
C. Exhibit E - Construction Cost Limit.
D, Exhibit G - Dispute Resolution,
E, Exhibit H - Allocation of Risks
9,2 This Agreement (consisting of pages 1 to ~, inclusive
and the Exhibits identified above) constitutes the entire
agreement between OWNER 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 Dispute Resolution.
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 ENGI-
NEER, by executing this Agreement, specifically consents to
venue in Richmond County and waives any right to contest the
venue in the Superior Court of Richmond County, Georgia,
Page 14 of 15 pages
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement to be effective as of the date ftrst above written,
OWNER:
11",.) ::gusta.~~ C
crw Title: 4tf'f1bL
Address for giving notices:
Augusta Recreation and Park Department
2027 Lumpkin Road
Augusta, Georgia 30906
(706) 796-5025
ENGINEER:
Cranston, Robertson & Whitehurst. p,c.
BY:U~ ~. W~
Title: Vice President
Address for giving notices:
Cranston. Robertson & Whitehurst, P,C,
452 Ellis Street
Augusta, Georgia 3090 I
(706) 722-1588
Page 15 of 15 pages
This is EXHIBIT A, consisting of JL page(s), referred to
in the agreement between OWNER and ENGINEER
for Professional Services, dated March 8 , 20Ql.
Initia~:
OWNER
Further Description of Basic Engineering Services and Related Matters ENOl R't>~W
Sections 2,3,4, and 5 of the Agreement are amended and supplemented and the time periods for the performance of the Basic
Services as indicated in Section 5 of the Agreement are established, all as indicated below:
A2,0 General
The Basic Services and Time of Completion are premised on the general scope of professional services as stated in the following
proposal letter dated December 26, 2001, which is incorporated herein.
Page 1 of 9 pages
(Exhibit A -Basic Services and Related Matters
..
. .
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Cranston, Robertson & Whitehurst, ~C.
ENG~ERS PLANNERS SURVEYORS
OLD ENGINE COMPANY NO, 1
.52 ELLIS STREET
POST OFFICE BOX 15.6
AUGUSTA, GEORGIA 30903-25.6
,
,
J. CRAIG CRANSTON, P.E., B,1..S,
THOMAS H. ROBERTSON, P.E" R.1..S,
ELDRIDGE A. WHITEHURST, JR., P,E,
JA...t:ES B, CRANFORD, JR., P.E,
DENNIS J. WELCH, P.E,
TELEPHONE (706) 722.1588
TELECOPIER (706) 722.8379
E.MAIL CRWPC@CRWPC,COM
JOHN' T, ATTAWAY, &.1..S,
WAYNE SWANN, R.L.S,
McrCHAELS,BEBGLUND
STEVEN M. BRYANT
DWIGHT E, FUNDERBUllX, n
BOBBY M. USRY
KEITH A. LAWRENCE
KELVIN G. OGLESBY
December 26, 2001
I,
Mr. Tom Beck, Jr.
Augusta Recreation and Parks Department
2027 Lumpkin Road
Augusta, Georgia 30906
Re: Diamond Lakes Community Center
and Library- Phase I
Our File No. 2001-400
Dear Tom:
In accordance with your request, we have prepared the following revised proposal for
furnishing the necessary design, engineering, architectural and related services for Pha~e I of the
proposed Community Center and Library at Diamond Lakes Regional Park. Also included in this
proposal are the necessary engineering services for the site development of the proposed parking lot
to be located on the south side of the existing softball complex.
PROJECT DESCRIPTION
The Community Center and Library project is envisioned as a multi-purpose building which
will help to serve the athletic and educational needs of South Augusta, This phase of the building
will include a fully functioning library consisting 'of approximately 14,000 square feet and a
community center consi,sting of approximately 25,000 square feet. The site concept will be as
depicted on the final Master Plan and the first phase of the building is envisioned as a two-story
structure totaling approximately 39,000 square feet as defined by the enclosed project program area
requirement sheets dated November 15,2001. The conceptual construction budget estimate for this
first phase of the building, the associated site work and the required offsite utilities is $5,410,224.00.
The overall project budget includes an additional $378,716.00 in contingencies which is equal to
seven percent of the construction budget.
The Softball Parking Lot will include 500 linear feet of access road from the existing parking
lot on the southeast side of the softball complex to a new 118 space parking lot to the west and
approximately 450 linear feet of sidewalks to connect the new parking lot to the softball complex.
The proposed new road, parking lot and sidewalks will be as shown on the Phase I Overall Site Plan
for Diamond Lakes.
Page ?'of~pages
(Exhibit A--Basic Services and Related Matters)
"
. I
----.,
. ---..
Mr. Tom Beck, Jr.
December 26, 2001 .
Page 2
DESIGN TEAM
The design team for this project will consist primarily of the same in-house staff members
of our firm that worked on Phase I of the Diamond Lakes Regional Park, who will be responsible
Ifor overall project coordination, civil engineering and structural engineering, We will also employ
the same outside consultants for the speciality services, including The Woodhurst Partnership for
architectural design; Pruett Ford Associates for mechanical and plumbing engineering; Electrical
Design Consultants, Inc. for electrical engineering; and Davis Design Group for irrigation and
landscaping design.
SCOPE OF \-VORK
I. Community Center and Library
The scope of work for Phase I of the proposed Community Center and Library includes the
design of all elements of the project including schematic design, detailed design, bidding phase
services, and' construction phase services as follows:
1. Schematic Design (15% complete stage)
Based on the final program elements defined in the Master Plan, we will prepare preliminary
floor plans and building elevations in close consultation with you and Gary Swint at a
schematic level of detail. We will also prepare a schematic site plan of the proposed parking
and offsite utilities. Using these schematic plans, we will then refine the budget cost
estimate developed in the Master Plan,
2. Detailed Design
A. Design Development (35% complete stage)
Upon the completion and your approval of the schematic design, the preliminary
design phase will be commenced to include the detailed design work to
approximately the 35 percent complete stage. Concepts and layouts will be refined
in consultation with your office, the library board, and others so that the design \vill
reflect community desires and department approval.
B. Contract Documents (75% complete stage)
The final design stage will begin upon approval of the preliminary plans. Work will
include incorporating comments received on the preliminary submittal and will
involve furnishing detailed design plans, specifications, contract documents, cost
Page 3 of~ pages
(Exhibit A--Basic Services and Related Matters)
. .
--I
...---
Mr. Tom Beck, Jr.
December 26, 2001
Page 3
estimates, and local approvals for Phase I of the Community Center and Library, and
the associated site work including parking, drainage, utilities, landscaping and
irrigation.
"
c.
Final Products
Deliverables under this proposal will generally consist of four sets of detailed
construction plans, technical specifications, contract documents, and cost estimates
for your use, Additional copies required for your use will be available at the cost of
reproduction.
Drawings will be prepared in ink on mylar film at suitable scales, Drav,ings can also
be furnished in digital format in AutoCAD Release 14 format, if desired, at no
additional cost. In the case of difference between the drawings and the electronically
produced images, the hard copy tracings will govern.
3. Bidding Phase (80% complete stage)
The bidding phase will follow the receipt of approvals of the final design documents, The
work will generally consist of assisting the City with obtaining competitive bids for the
construction work, reviewing the bids, and recommending an award.
4. Construction Phase (100% complete stage)
Construction phase engineering and architectural services will consist of periodic site visits
to observe the progress and general quality of the work as it progresses; reviewing shop
drawings; preparing any change orders required; reviewing contractor's monthly applications
for partial payment; and making a pre-final and a final site visit to determine whether or not
the work has been completed in substantial conformity with the plans and specifications.
Site visits will be generally at varying intervals appropriate to the stage of the contractor's
operations but no less frequently than weekly, or when called upon to observe a particular
area. While more intense on-site observation services are beyond the scope oftrus proposal,
we have the capability of furnishing more frequent observation or resident project
representation, if those services should be desired,
Any observation services will be for the purpose of monitoring compliance with the plans,
specifications, and contract documents, and will not in any manner be a guarantee of the
schedules, materials, appliances, or methods of the contractor, nor for the safety of the job.
Page 4 of~ages
(Exhibit A--Basic Services and Related Matters)
-
, ",
Mr. Tom Beck, Jr.
December 26, 2001
Page 4
II. Softball Parking Lot
.
,
As for the design scope of work for the Softball Parking Lot project, we propose to
accomplish the civil engineering design of the site elements; to prepare a separate set of site
I construction plans, including layout and staking plan, grading and drainage plan, erosion control
I
plan, tree planting plan, plans and profiles of storm sewer lines, miscellaneous details, street and
paving details, storm sewer details; to coordinate these plans with the existing conditions; to prepare
technical specifications for the site work elements, to submit site plans to city approving authorities;
to prepare a material takeoff and cost estimate; and to furnish ten sets of bl ueprints of the plans, The
scope of work does not extend to designing such public utility services as electric, telephone, gas,
and cable television.
Bidding and construction phase services will also be provided for the Softball Parking Lot
to the extent and levels described above for the Community Center and Library.
Drawings will be prepared in ink. on mylar film at an appropriate scale. The site plan sheets
will be accomplished using computer assisted design and drafting (CADD) equipment, and these
sheets will be available in AutoCAD, Release 14, computer disc format if desired, at no additional
fee, In the event of a difference between the disc reproduced drawings and the original tracing, the
hard copy tracing will govern.
FEE PROPOSAL
We propose to furnish all of the above services for a lump sum fee of$419,560.00 of which
$411,060.00 will be allocated for the Phase I design of the Community Center and Library and
$8,500.00 will be for the design of the Softball Parking Lot. This fee is based on designing to
construction budgets of $5,410,224.00 for the Community Center and Library and $170,000.00 for
the Softball Parking Lot. If, during the course of design, this budget should be significantly
increased or decreased, then \ve would anticipate renegotiating the fee at that time.
Reimbursable expenses are in addition to the lump sum fee stated above and shall be
reimbursed in accordance with our Schedule of Rates and Charges in effect at the time. A copy of
our current Rates and Charges dated October 1, 2001 is included for your benefit. Qualifying
reimbursable expenses shall include the following expenses incurred by the design team in the
interest of the project:
a. fees paid for securipg approvals of authorities having jurisdiction over the project;
b. costs of reproductions for construction documents;
c. postage and handling of documents for construction;
d. renderings and models requested by the Owner.
Page 5 of~pages
(Exhibit A--Basic Services and Related Matters)
---.
\
.-,'
Mr. Tom Beck, Jr.
December 26, 2001
Page 5
TIME OF COMPLETION
The schematic design, preliminary design, and final design phases will be completed
according to the following estimated schedule, exclusive of times required for review of the work
\ ' at various stages:
Phase
Schematic Design
Review Period
Estimated Time
60 days
15 days
75 days
15 days
135 days
30 days
Subtotal 330 days
60 days
360 days
Total 750 days
Design Development
Review Period
Construction Documents
Approvals
Bidding and A ward Phase
Construction Phase*
.
The construction time itself is approximate only, and will be governed by several factors, including the identity and
experience of the contractor, season of the year, delivery and availability of materials, and other considerations.
\Ve are prepared to begin work immediately upon your direction and expect to complete the
work within the above time frame, Allowing for the modest intermediate review times shown above,
we would expect to present you with the completed plans ready to advertise for bids within
approximately 11 months of the Notice to Proceed.
We appreciate your confidence in our firm and the opportunity of making this proposaL We
trust that you find it satisfactory, Should you have any question concerning the scope of services
offered, or the fees, please do not hesitate to give us a call. I
Sincerely,
CRANSTON, ROBERTSON & \VHITEHURST, P.c.
U.P--~ ~.LJ~
Dennis J. Welch, P.E.
DJW:thw
Enclosures
D:IAA,CORRESPONDEl'iCruoo 1\0 1-400 diamond lake, library,communi,y cen'erlPropo..Mi.mond lake, revised proposal 12,21.0 I. wpd
Page 6 of-3-- pages
(Exhibit A--Basic Services and Related Matters)
'.
".
_. ;z.
.' ".'.
. "or;.
. ..", .~
DIAMOND LAKES PHASE II
COMMUNITY CENTER AND LffiRARY
PROJECf PROGRAM
AREA REQtJIRffi...ffiNrs
LmRARY
I V15/01
.
.
Comments
LI'I LOBBYIENTRY I 680
L2 MEETING ROOM I 600 I
L3 STORAGElSUPPORT I 25D I
LA RESTRooMS 2 200 400
L5 CIRCULA 1l0NlREFERENCE DESK I 500
L6 CHll..DRENS AREA I 1,670
L7 READING AREA - FICTION 1 2,650
L8 READING AREA - NON-FICTION I 2,650
L9 STAFF WORKROOM 1 650
LIO LIBRARIAN'S OFFICE 1 160
LIl STAFF AREA - 1 380
LI2 STORAGE 2 180 360
LI3 ME CHANICAlJE LECfRI CAUCUS TODIAL 1. 1,170
Ll4 CORRIDORS I 700
LIS STRUCTURAL AREA I 1,180
TOTALLIDRARY AREA 14,000
NOTES:
I. CircuIationlRe fcrence Desk, includes Arc:Js Designated for Circul atioo.,
Refcrence aod Children Services.
2, Childrcos Area includes Seating, Computers and Story Corner.
3. Reading Area Fiction includes A V, New Materials, Se:1ti.ng, Pcricxlica1s and
Yound Adult arc:lS.
4. Reading Area Non-Fiction Includes Reference, Seating, Conferen~ aod
Computer Areas.
5. SlaIT Are<1 includes Staff Lounge, Restroom and Storage Room(s).
Page 7 of~pages
(Exhibit A--Basic Services and Related Matters)
File Name OIIII5-DL-CC-Lffi-Pl-FPAR
Page I
.' ..."
- ----.
DIAMOND LAKES PHASE II
COMM:UNITY CENTER'AND LffiRARY
PROJECT PRoGRAM. -
AREA REQUlR.EMENTS
COMMUNITY CENTER
1 II15/01
Commc:o 15
.
Cl LOBBY 1,000
C2 CONCESSIONS 360
C3 STORAGE 100
C4 PUBLIC RESTROOMS 2 250 500
C5 MULTI-PURPOSE 1,400
C6 KITCHEN 360
C7 GYMNASIUM NO. 1 9,600 CHAMPIONSIDP #3
C8 EQUIPMENT STORAGE 360
C9 2 RACQUET BALL COURTS 1,600
CIO INDOOR TRACK 2,500 @ HALF SQUARE FOOTAGE
CII SECRETARYffiECE~ON 210
Cl2 OFFICES 3 130 390
CI3 WORKROOM 150
CI4 NETW'ORK SERVER 50
CIS STORAGE 50
CI6 CUSTODUUJLAUNDRY 120
Cl7 MECHANlCAL 1,.200 .
CI8 ELECTRICAL 50
Cl9 TEUCOM ROOM 50
C20 STAIRS 160
,
C21 ELEVATOR 100
C22 CORRIDOR/CIRCULA nON 2,690
C23 STRUCTURAL AREA 2,000
TOTAL COMMUNITY CENTER 25,000
Page 8 of 9 pages
(Rxh:lbH A-.-Basic S.;rv'1.ces and Related Matters)
File NamcOIIIIS-DL-CC-P2-PPAR
-.
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Cranston, Robertson & Whitehurst, PC.
ENGDNEERS PLANNERS SURVEYORS
OLD ENGINE COMPANY NO, 1
452 ELUS STREET
POST OFFICE BOX 25-46
AUGUSTA, GEORGIA 30903,2546
J. CRAIG CRANSTON, PoE" R,L.S.
THOMAS H. ROBERTSON, PoE" R.L.S,
ELDRIDGE A. WHITEHURST, JR., P.E,
JAI'dES B, CRANFORD, JR., P,E,
DENNIS J, WELCH, P,E,
TELEPHONE (706) 722.1588
TELECOPIER (706) 722.8379
E.MAIL CRWPC@CRWPC,COM
October 1, 2001
JOHN T, ATIAWAY, ILL.S.
WAYNE SWANN, R.L.s,
McrCHAEL S. BERGLUND
STEVEN M. BRYANT
DWIGHT E. FtINDERBtJRK, U
BOBBYM. USRY
KEITH A. LAWRL'lCE
KELVIN G, OGLESBY
SCHEDULE OF RATES & CHARGES
TIME & MATERIAL BASIS
Pc::rsonnel Char!..!es
Senior Principal Engineer
Principal Engineer
Senior Professional Engineer
Professional Engineer
Project Engineer III
Project Engineer II
Project Engineer I
Engineering Technician II
Engineering Technician I
Landscape Designer I
Planner
Land Surveyor III
Land Surveyor II
Land Surveyor I
Field Project Supervisor
Survey Party - 2-Person
Survey Party - 3-Person
Survey Party - 4-Person
Survey Party - GPS
CADD Operator III
CADD Operator II
CADD Operator I
I nspector II
Inspector I
Stenographer
S 160,00/1-11',
I35,00/Hr.
] ] 5,00/Hr.
85,00/1-11'.
75,00/1-11'.
70,OO/Hr.
60,00/1-11'.
()O,OO/l-lr,
50,00/1-11'.
60,00/Hr.
60,OO/Hr.
95.00/I-Ir.
85,OO/Hr.
60,OO/Hr.
50,OOII-Ir.
90,00/I-Ir.
J 15.00/Hr.
J 40,OO/Hr.
I80,001l-Ir.
70,OO/Hr.
60,00/Hr.
45,00/Hr.
60,OO/I-Ir.
50,OO/Hr.
45,OO/Hr.
Reimbursable Char!..!es:
Travel Expenses:
Mileage
Lodging. etc,
Reproduction:
Paper Prints
Mylar Prints
Other Reimbursable Items:
S0.41/mile
Cost plus 15%
Page 9 oE-9- pages
(Exhibit A--Basic Services and Related Matters)
SO,50/Sq,Ft.
S2.50/Sq,Ft.
Cost plus 15%
Payments to ENGINEER for Services and Reimbursable Expenses
This is EXHIBIT B, consisting of --L pages, referred to
in the Agreement between OWNER and ENGINEER
for Professional Services, dated March 8 , 2002,
Initial:~
OWNER
ENGINE "OplV
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, I.l For Basic Services, OWNER shall pay ENGINEER
for Basic Services as follows:
B6,1.1.1 General, A lump sum fee of $419,560,00 for all
services of ENGINEER (except for services of ENGI-
NEER's Resident Project Representative perfonned or
furnished under paragraph 2,5,2,1, Operational Phase
services perfonned or furnished under paragraph 2,6, and
services to furnish easement plats,) including services of
ENGINEER's Consultants, See paragraph B6.3 for break-
down.
86,}, },2 Resident Project Representative Services, For
services of ENGINEER's Resident Project Representative
perfonned or furnished under paragraph 2,5.2,1, an amount
equal to ENGINEER's Salary Costs time a factor of 2,20
for services perfonned or furnished by principals and
employees engaged directly in resident Project Representa-
tion,
B6,I.1.3 Operation Phase Services, For Operation Phase
Services perfonned or furnished under paragraph 2.6, an
amount equal to the ENGINEER's Salary Costs times a
factor of 2.20 for services perfonned or furnished by
principals and employees engaged directly on the Project.
B6.1.2 For Additional Services OWNER shall pay ENGI-
NEER for Additional Services as follows:
B6,1,2, I General. For services of ENGINEER's principals
and employees engaged directly on the Project perfonned or
furnished pursuant to paragraph 3,1 or 3 ,2 (except services
as a consultant or witness under paragraph 3,1,17), an
amount equal to ENG INEER's Salary Costs times a factor of
2,20,
86,1.2,2 ENGINEER's Consultants, For services ofENGI-
NEER's Consultants perfonned or furnished pursuant to
paragraph 3,1 or 3.2, the amount billed to ENGINEER
therefor times a factor ill,
B6,1,2,3 This section has been intentionally omitted,
86,1.2.4 It is anticipated that the contract for construction
will be let in one (I) prime contract.
B6,1.2,5 Serving as a Witness, For services perfonned by
ENGINEER's principals and employees as consultants o~
witnesses in any litigation, arbitration or other legal or
administrative proceeding under paragraph 3,1,17, at the rate
of$1.200,00 per day 01 afty portioll thclcof(but compensa ~
tion for time spent in preparing to appear in any such
litigation, arbitration or proceeding will be on the basis
provided in paragraph B6, 1,2, 1 ,
86,1.3 For Reimbursable Expenses, OWNER shall pay
ENGINEER for Reimbursable Expenses such as:
Fees paid for approvals
Costs of reproduction for construction documents
Postage and handling for construction documents
Renderings and models requested by Owner
Out of town travel, ifany
Page I of2- pages
(Exhibit B--Lump Sum Method)
The amount payable to ENGINEER for Reimbursable
Expenses will be the charge actually incurred or the imputed
cost allocated by ENGINEER therefor times a factor of.!.l.i.
86,1.4. Salary Costs, Salary Costs means salaried and
wages (basic, premium and incentive) paid to personnel plus
the cost of customary and statutory benefits including, but
not limited to, social security contributions, unemployment,
excise and payroll taxes, worker's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay applicable thereto,
The principals of ENGINEER and the imputed current
hourly Salary Costs of such principals are as follows:
Imputed Hourly
Principal (name and title) Salary Costs
As substantiated by payroll records $
$
$
$
86, I ,5 Adjustment of Salary Costs, The Salary Costs and the
factor applied to Salary Costs in detennining compensation
payable to ENGINEER will be adjusted annually and
equitably to reflect changes in the various elements that
comprise such Salary Costs and factor. All such adjustments
will be in accordance with generally accepted accounting
practices as applied on a consistent basis by ENG IN EER and
consistent with ENGINEER's overall compensation practices
and procedures.
~ff~D6'1.6 11l.'lial Ada.',"/iOllal Se, viceJ, A lUl'lp ~UI1I &~ of
$ r01 all 5Cl vic~5 of :eNGINCCR ilIcludilIg
5CJ v iC~5 of CNGINC:eR' 5 COll5ultaJlt5, S~C Pal agJ aph D6,J
fOJ blcakdo~II,
.
86.2 Other Provisions Concerning Payments.
86.2, I Preparation of Invoices, The portion of the amount
billed for ENGINEER's services which is on account of the
Lump sum will be based upon ENGINEER's estimate of the
proportion of the total services actually completed at the time
of billing, The portion related to services rendered on a
Salary Costs basis will be billed based on the Salary Costs
(multiplied by a factor, ifany, as stated above) incurred atthe
time of billing,
86,2,3 Payments Upon Termination.
86,2.3.4 In the event oftennination during any phase of the
8asic Services, ENGINEER will be paid for services
perfonned or furnished in accordance with this Agreement
during that phase on the basis of ENGINEER's Salary Costs
times a factor of..12Q..... for services perfonned or furnished
during that phase to date of tennination by ENGINEER's
principals and employees engaged directly on the Project.
86.3 Breakdown of Lump Sum.
ITEM NO,
DESCRIPTION
FEE
I. Community Center and Library
I, Schematic Design
(15% complete)
$ 61,659.00
2A, Design Development
(35% complete)
$ 82,212.00
28
Contract Documents
(75% complete)
Bidding Phase
(80% complete)
$ 20,553,00
$ 164,424.00
3,
4,
Construction Phase
(100% complete)
$ 82,212,00
Subtotal Item I $ 41 1,060,00
II Softball Parking Lot
1.
Schematic Design
(15% complete)
$ 1,275.00
2,
Contract Documents
(75% complete)
8idding Phase
(80% complete)
$ 425.00
$ 5,100,00
3,
4,
Construction Phase
(100% complete)
$ 1,700,00
Subtotal Item II $ 8,500,00
Grand Total $ 419,560,00
Page 2 of.,L pages
(Exhibit B--Lump Sum Method)
Insurance
This is EXHIBIT F, consisting of.-L pages, referred to in and
part of the Agreement between OWNER and ENGINEER for
Professional Services dated March 8, 2002.
Initia~:
OWNER ,
ENGINEE ""~ IN
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, I of the Agreement are as follows:
}, By ENGINEER:
a, Workers' Compensation:
Statutory
b. Employer's Liability-
I) Each Accident: .""""",."",.,.,..."."""""."",.."", 100,000
2) Disease, Policy Limit: . , , , . . , , , , , , , , , . , , , , , , , . , , , , . , . , , , , , , , , , , , . . , . 500,000
3) Disease, Each Employee: """"""""",.".""....,."""".. 100,000
c, General Liability--
I) Each occurrence (Bodily Injury and property Damage): , , , . . . . . , , , , , , . , . , , , 500,000
2) General Aggregate, , , , , , , . , , , , . , . . , . , , . , , . . . . , , . , . , , , , , , , , . . , , , " 1,000,000
d, Excess or Umbrella Liability--
I) Each Occurrence: ......""",..",.""".""".."""""", 1,000,000
2)
General Aggregate:
1,000,000
e, Automobile Liability--
I) Combined Single Limit, , , , , , , , , , , , , , , . . , . . , , , , , , , , , , . , , . , , , . . , , . , , , 500,000
(Bodily Injury and Property Damage):
Each Accident
f. Other (specify): Professional Liability , , , , , , . , , , , , , , , , , , . , . . . . , , , , , , , , . , , . " 1,000,000
2, By OWNER: Self-Insured,
Page I of -L Pages
(Exhibit F--Insurance)