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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 .. . . . . --\ 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 -. ." 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)