HomeMy WebLinkAboutMorgan Road Improvements / PM & A
Augusta Richmond GA
DOCUMENT NAME: MOc<.SA-N ~40 :1Y1JpROV"6meVTS / Pm t A
DOCUMENT TYPE: CON T(tA-O,
YEAR: lqqg
BOX NUMBER: '1
FILE NUMBER: l 4 ) <l7
NUMBER OF PAGES: ;) ~
I .
Public Works and Engineering Department
Jack F. Murphy, Director
Pre-Construction Section
Teresa C. Smith
Pre-Construction Engineer
1815 Marvin Griffin Road
Augusta, Georgia 30906
(706) 796-5040 Fax (706) 796-5045
Clifford A. Goins, Assistant Director
Engineering Division
April 30, 1999
Mr. Lee Wheatley
PM&A Consulting Engineers, Inc.
710 Broad Street
Augusta, Georgia 30901
RE: MORGAN ROAD IMPROVEMENTS
Project Number: 323-04-296823665
File Reference: 87-056
Dear Mr. Wheatley:
Enclosed herewith is the executed Engineering Contract on the above referenced
project for your records.
This documents your verbal ''Notice to Proceed" with the Engineering Services in
accordance with the enclosed contract as given by Clifford Goins after receiving approval
by the County Commission on February 16, 1999.
Sincerely,
P-JJMoCV r! gf~
Teresa C. Smith
Pre-Construction Engineer
Public Works and Engineering
TCSlbar
cc: Jack F. Murphy, Director, Public Works and Engineering
Drew Goins, Interim Assistant Director, Public Works and Engineering (w/copy
of Contract)
Lena Bonner, Clerk of Commission (w/original of Contract)
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 Project and the applicable laws of the jurisdiction in which the professional services for the
Project are to be performed.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
TillS IS AN AGREEMENT made as of ,-fj~
/b
I
,19 99
between
AUl!Usta-Richmond County
("OWNER") and
PM&A ConsuJtin~ Engineers. Inc.
"ENGINEER").
OWNER intends to
Develop plans and solicit bids for construction of road and
storm drainaee improvements for Morean Road
the "Project").
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or
furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for
those services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER
constitutes OWNER's written authorization to ENGINEER to proceed on the date first above written with the first
phase of the Basic Services described in Section 2 below and as further set forth in Exhibit A, "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 19 Pages
SEcnON 11 GENERAL
1.1. Standard of Care.
ENGINEER shall perform for or furnish to OWNER
professional engineering and related services in all
phases of the Project to which this Agreement applies
as hereinafter provided. ENGINEER shall serve as
OWNER's prime design professional and engineering
representative for the Project providing professional
engineering consultation and advice with respect
thereto. ENGINEER may employ such ENGINEER's
Consultants as ENGINEER deems necessary to assist
in the performance or furnishing of professional
engineering and related services hereunder.
ENGINEER shall not be required to employ any
ENGINEER's Consultant unacceptable to ENGINEER.
The 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 otherwise, in connection with
ENGINEER's services.
1.2. Coordination with Other Documents.
It is the intention of the parties that the Standard
General Conditions will be used as the General
Conditions for the Project and that all amendments
thereof and supplements thereto will be generally
consistent therewith. Except as otherwise defined
herein, the terms which have an initial capital letter in
this Agreement and are defined in the Standard
General Conditions will be used in this Agreement as
defined in the Standard General Conditions. The term
"defective" will be used in this Agreement as 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:
1.3.1. 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 described in Section 2 of this
Agreement.
1.3.4. Construction Cost. Construction Cost means
the total cost to OWNER of those portions of the entire
Project designed or specified by ENGINEER.
Construction Cost does not include ENGINEER's
compensation and expenses, the cost of land, rights-of-
way, or compensation for or damages to properties, or
OWNER's legal, accounting, insurance counseling or
auditing services, or interest and financing charges
incurred in connection with the Project or the cost of
other services to be provided by others to OWNER
pursuant to Section 4 of this Agreement. Construction
Cost is one of the items comprising Total Project
Costs.
1.3.5. Contractor. Contractor means the person or
entity with whom OWNER enters into a written
agreement covering construction work to be performed
or furnished with respect to the Project.
1.3.6. ENGINEER's Consultant. ENGINEER's Con-
sultant means a person or entity having a contract with
ENGINEER to perform or furnish Basic or Additional
Services as ENGINEER's independent professional
associate or consultant engaged directly on the Project.
1.3.7. Reimbursable Expenses. Reimbursable
Expenses means the expenses incurred directly in
connection with the performance or furnishing of Basic
and Additional Services for the Project for which
OWNER shall pay ENGINEER as indicated in Exhibit
B, "Payments to Engineer for Services and
Reimbursable Expenses" ("Exhibit B").
1.3.8. Resident Project Representative. Resident
Project Representative means the authorized
representative of ENGINEER who will be assigned to
assist ENGINEER at the site during the Construction
Page 2 of 19 Pages
Phase~ The Resident Project Representative will be
ENGINEER's agent or employee and under
ENGINEER's supervision. As used herein, the term
Resident Project Representative includes any assistants
of Resident Project Representative 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.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1. Study and Report Phase.
Upon this Agreement becoming effective, ENGINEER
shall:
2.1.1. Consult with OWNER to understand OWNER's
requirements for the Project and review available data.
2.1.2, Advise OWNER as to the necessity of
OWNER's providing or obtaining from others data or
services of the types described in paragraph 4.4 which
are not part of ENGINEER's Basic Services, and assist
OWNER in obtaining such data and services.
2.1.3. Identify and analyze requirements of
governmental authorities having jurisdiction to
approve the portions of the Project designed or
specified by ENGINEER with whom consultation is to
be undertaken in connection with the Project.
2.1.4. Evaluate various alternate solutions available to
OWNER as described in Exhibit A, and, after consulta-
tion with Owner, recommend to OWNER those
solutions which in ENGINEER's judgment best meet
OWNER's requirements for the Project.
2.1.5. Prepare a report (the "Report") which will
contain the statement of OWNER's requirements for
the Project and, as appropriate, will contain schematic
layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate the considerations
involved and those alternate solutions available to
OWNER which ENGINEER recommends. This
Report will be accompanied by ENGINEER's opinion
of Total Project Costs for each solution which is so
recommended for the Project, including the following
which will be separately itemized: opinion of probable
Construction Cost, allowances for contingencies and
for the estimated total costs of design professional and
related services provided by ENGINEER and, on the
basis of information furnished by OWNER, allowances
for other items and services included within the
definition of Total Project Costs.
2.1,6. Furnish the Report to and reVIew it with
OWNER.
2.1. 7. Revise the Report in response to OWNER's
comments, as appropriate, and furnish final copies of
the Report in the num.ber get forth in :Exhibit A.
2.1.8. Subm.it the Repert within the stipulated peri6d
indicated in Exhibit A.
2.1.9. ENGINEER's services under the Study and
Report Phase will be considered complete at the earlier
of (1) the date when the Report has been accepted by
OWNER or (2) thirty days after the date when such
Report is delivered to OWNER for 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
ENGINEER, if such approval is to be obtained during
the Study and Report Phase.
The duties and responsibilities of ENGINEER during
the Study and Report Phase as set forth in this
Page 3 of 19 Pages
paragtaph 2.1 are amended and supplemented as
indicated in Exhibit A.
2.2. Preliminary Design Phase.
After acceptance by OWNER of the Report, selection
by OWNER of a recommended solution and indication
of any specific modifications or changes in the scope,
extent, character or design requirements of the Project
desired by OWNER, and upon written authorization
from OWNER, ENGINEER shall:
2.2.1. On 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 information or services of the types described in
paragraph 4.4 are necessary and assist OWNER in
obtaining such reports, data or other information and
servIces.
2.2.3. Based on the information contained in the
Preliminary Design documents, submit a revised
opinion of probable Construction' Cost and any
adjustments to Total Project Costs known to
ENGINEER, which will be itemized as provided in
paragraph 2.1.5.
2.2.4. Furnish the Preliminary Design documents to
and review them with OWNER.
2.2.5. Submit the Preliminary Design documents and
revised opinion of probable Construction Cost within
the stipulated period indicated in Exhibit A.
2.2.6. ENGINEER's services under the Preliminary
Design Phase will be considered complete at the earlier
of (1) the date when the Preliminary Design documents
have been accepted by OWNER or (2) thirty days after
the date when such Preliminary Design documents are
delivered to OWNER for final acceptance, plus in each
case such additional time as may be considered
reasonable for obtaining approval of governmental
authorities having jurisdiction to approve the
Preliminary Design documentation, if such approval is
to be obtained during the Preliminary Design Phase.
The duties and responsibilities of ENGINEER during
the Preliminary Design Phase as set forth in this
paragraph 2.2 are amended and supplemented as
indicated in Exhibit A.
2.3. Final Design Phase.
After acceptance by OWNER of the Preliminary
Design Phase documents and revised opinion of
probable Construction Cost and indication of any
specific modifications or changes in the scope, extent,
character or design requirements of the Project desired
by OWNER, and upon written authorization from
OWNER, ENGINEER shall:
2.3.1. On the basis of the accepted Preliminary Design
documents, the modifications or changes in the scope,
extent, character or design requirements of the Project
agreed upon by OWNER and ENGINEER and the
revised opinion of probable Construction Cost, prepare
for incorporation in the Contract Documents final
Drawings showing the scope, extent and character of
the work to be performed and furnished by Contractor
and Specifications (which will be prepared, where
appropriate, in general conformance with thc sixtecn
di...ision fom1at of the Construction Specifications
Institutc ). Augusta-Richmond County Specifications.
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 ~my
adjustments to Total Project Costs known I to
ENGINEER, itemized as Provided in paragraph 2.1.5,
as a result of changes in scope, extent or character or
design requirements of the Project.
2.3.4. Prepare for review and approval by OWNER1 its
legal counsel and other advisors, contract agreement
forms, general conditions and supplementary
conditions, and (where appropriate) bid forms,
invitations to bid and instructions to bidders (all of
Page 4 of 19 Pages
which' will be generally consistent in form and
substance with the forms and pertinent guide sheets
prepared by the Engineers Joint Contract DOeUftlents
Committee) Augusta-Richmond County, and assist in
the preparation of other related documents.
2.3.5. Furnish the above documents, Drawings and
Specifications to and review them with OWNER.
2.3.6. Submit the above documents, Drawings and
Specifications and a revised opinion of probable
Construction Cost within the stipulated period
indicated in Exhibit A.
2.3.7. ENGINEER's services under the Final Design
Phase will be considered complete at the earlier of (1)
the date when the submittals have been accepted by
OWNER or (2) thirty days after the date when such
submittals are delivered to OWNER for final
acceptance, plus in each case such additional time as
may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction to
approve the portions of the Project designed or
specified by ENGINEER, if such approval is to be
obtained during the Final Design Phase.
The duties and responsibilities of ENGINEER during
the Final Design Phase as set forth in this paragraph
2.3 are amended and supplemented as indicated in
Exhibit A.
2.4. 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, materials, equipment and services; and,
where applicable, maintain a record of prospective
bidders to whom Bidding Documents have been issued,
attend pre-bid conferences, if any, and receive and
process deposits for Bidding Documents.
2.4.2. Issue Addenda as appropriate to clarify, correct
or change the Bidding Documents.
2.4.3. Consult with OWNER as to the acceptability of
subcontractors, suppliers and other persons and entities
proposed by Contractor for those portions of the work
as to which such acceptability is required by the
Bidding Documents.
2.4.4. Attend the bid opening, prepare bid tabulation
sheets and assist OWNER in evaluating bids or
proposals and in assembling and awarding contracts for
construction, materials, equipment and services.
2.4.5. The Bidding or Negotiating Phase will terminate
and the services to be performed or furnished
thereunder will be considered complete upon
commencement of the Construction Phase or upon
cessation of negotiations with prospective Contractors
(execpt as may othcfV/ise be reqtlircd to complete the
services calleel f5f in paragraph E7.2.5, if Exhibit E is a
part of this Agreement).
The duties and responsibilities of ENGINEER during
the Bidding or Negotiating Phase as set forth in this
paragraph 2.4 are amended and supplemented as
indicated in Exhibit A.
2.5. Construction Phase.
During the Construction Phase:
2.5.1. General Administration of Construction
Contract. ENGINEER shall consult with and advise
OWNER and act as OWNER's representative as
provided in the Standard General Conditions. The
extent and limitations of the duties, responsibilities and
authority of ENGINEER as assigned in said Standard
General Conditions shall not be modified, except to the
extent provided in Exhibit A and except as
ENGINEER may otherwise agree in writing. All of
OWNER's instructions to Contractor will be issued
through ENGINEER who shall have authority to act on
behalf of OWNER in dealings with Contractor to i the
extent provided in this Agreement and said Standard
General Conditions except as otherwise provided in
writing.
2.5.2. Visits to Site and Observation of Construction.
In connection with observations of the work of
Contractor while it is in progress:
Page 5 of 19 Pages
2:5.2.1. ENGINEER shall make visits to the site
at intervals appropriate to the various stages of
construction as ENGINEER deems necessary in
order to observe as an experienced and qualified
design professional the progress and quality of the
various aspects of Contractor's work. In addition,
ENGINEER shall provide the services of a
Resident Project Representative at the site to
assist ENGINEER and to provide more
continuous observations of such work. The
furnishing of such Resident Project
Representative services will not extend
ENGINEER's responsibilities or authority beyond
the specific limits set forth elsewhere in this
paragraph 2.5. Such visits and observations by
ENGINEER and the Resident Project
Representative are not intended to be exhaustive
or to extend to every aspect of the work in
progress, or to involve detailed inspections of the
work beyond the responsibilities specifically
assigned to ENGINEER in this Agreement and the
Contract Documents, but rather are to be limited
to spot checking, selective sampling and similar
methods of general observation of the work based
on ENGINEER's exercise of professional
judgment as assisted by the Resident Project
Representative. Based on information obtained
during such visits and such observations,
ENGINEER shall endeavor to determine in
general if such work is proceeding in accordance
with the Contract Documents and ENGINEER
shall keep OWNER informed of the progress of
the work. The responsibilities of ENGINEER
contained in this paragraph are expressly subject
to the limitations set forth in paragraph 2.5.2.2
and other express or general limitations in this
Agreement and elsewhere.
2.5.2.2. The purpose of ENGINEER's visits to
and representation by the Resident Project
Representative at the site will be to enable
ENGINEER to better carry out the duties and
responsibilities assigned to and undertaken by
ENGINEER during the Construction Phase, and,
in addition, by the exercise of ENGINEER's
efforts as an experienced and qualified design
professional, to provide for OWNER a greater
degree of confidence that the completed work of
Contractor will conform in general to the Contract
Documents and that the integrity of the design
concept of the completed Project as a functioning
whole as indicated in the Contract Documents has
been implemented and preserved by Contractor.
On the other hand, ENGINEER shall not, during
such visits or as a result of such observations of
Contractor's work in progress, supervise, direct or
have control over Contractor's work nor shall
ENGINEER have authority over or responsibility
for the means, methods, techniques, sequences or
procedures of construction selected by Contractor,
for safety precautions and programs incident to the
work of Contractor or for any failure of Contractor
to comply with laws, rules, regulations,
ordinances, codes or orders applicable to
Contractor's furnishing and performing the work.
Accordingly, ENGINEER 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 disapprove of or reject Contractor's work
while it is in progress if ENGINEER believes that such
work will not produce a completed Project that
conforms generally to the Contract Documents or that
it will prejudice the integrity of the design concept of
the completed Project as a functioning whole as
indicated in the Contract Documents.
2.5.4. Clarifications and Interpretations, Field Orders.
ENGINEER shall issue necessary clarifications and
interpretations of the Contract Documents as
appropriate to the orderly completion of the work.
Such clarifications and interpretations will be
consistent with the intent of and reasonably inferable
from the Contract Documents. ENGINEER may issue
Field Orders authorizing minor variations from the
requirements of the Contract Documents.
2.5.5. Change Orders and Work Change Directives.
ENGINEER shall recommend Change Orders and
Work Change Directives to OWNER as appropriate,
and shall prepare Change Orders and Work Change
Directives as required.
2.5.6. Shop Drawings. ENGINEER shall review and
approve (or take other appropriate action in respect of)
Shop Drawings and Samples and other data which
Page 6 of 19 Pages
Contr~ctor 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 provisions 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 constitute an independent evaluation that the
content or procedures of such inspections, tests or
approvals comply with the requirements of the
Contract Documents. ENGINEER shall be entitled to
rely on the results of such tests.
2.5.9. Disagreements between OWNER and
Contractor. ENGINEER shall render the initial
decisions on all claims of OWNER and Contractor
relating to the acceptability of the work or the
interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of
the work. In rendering such decisions, ENGINEER
shall be fair and not show partiality to OWNER or
Contractor and shall not be liable in connection with
any decision rendered in good faith in such capacity.
2.5.10. Applications for Payment. Based on
ENGINEER's on-site observations as an experienced
and qualified design professional and on review of
Applications for Payment and the accompanying data
and schedules:
2.5.10.1. ENGINEER shall determine the
amounts that ENGINEER recommends Contractor
be paid. Such recommendations of payment will
be in writing and will constitute ENGINEER's
representation to OWNER, based on such
observations and review, that, to the best of
ENGINEER's lmowledge, 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 2.5.10.1 are
expressly subject to the limitations set forth in
paragraph 2.5.10.2 and other express or general
limitations in this Agreement and elsewhere.
2.5.10.2. By recommending any payment
ENGINEER shall not thereby be deemed to have
represented that on-site observations made by
ENGINEER to check the quality or quantity of
Contractor's work as it is performed and furnished
have been exhaustive, extended to every aspect of
the work in progress, or involved detailed
inspections of the work beyond the responsibilities
specifically assigned to ENGINEER in this
Agreement and the Contract Documents. Neither
ENGINEER's review of Contractor's work for the
purposes of recommending payments nor
ENGINEER's recommendation of any payment
(including final payment) will impose on
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
performing the work. It will also not impose
responsibility on ENGINEER to make any
examination to ascertain how or for what purposes
Contractor has used the moneys paid on account
Page 7 of 19 Pages
0'[ the C6ntract Price, or to determine that title to
any of the work, materials or equipment has
passed to OWNER free and clear of any liens,
claims, security interests or encumbrances, or that
there may not be other matters at issue between
OWNER and Contractor that might affect the
amount that should be paid.
2.5.11. Contractor's Completion Documents.
ENGINEER shall receive, review and transmit to
OWNER with written comments maintenance and
operating instructions, schedules, guarantees, Bonds,
certificates or other evidence of insurance required by
the Contract Documents, certificates of inspection,
tests and approvals, and marked-up record documents
(including Shop Drawings, Samples and other data
approved as provided under paragraph 2.5.6 and
marked-up record Drawings) which are to be
assembled by Contractor in accordance with the
Contract Documents to obtain final payment.
ENGINEER's review of such documents will only be
to determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
2.5.12. Substantial Completion. Following notice
from Contractor that Contractor considers the entire
work ready for its intended use, ENGINEER and
OWNER, accompanied by Contractor, shall conduct an
inspection to determine if the work is substantially
complete. If after considering any objections of
OWNER, ENGINEER considers the work substantially
complete, ENGINEER shall deliver a certificate of
Substantial Completion to OWNER and Contractor.
2.5.13. Final Notice of Acceptability of the Work.
ENGINEER shall conduct a final inspection to
determine if the completed work of Contractor is
acceptable so that ENGINEER may recommend, in
writing, final payment to Contractor. Accompanying
the recommendation for final payment, ENGINEER
shall also provide a notice in the form attached hereto
as Exhibit D (the "Notice e>f Acceptability af Work")
that the work is acceptable (subject to the provisions of
paragraph 2.5.10.2) to the best of ENGINEER's
knowledge, information and belief and based on the
extent of the services performed and furnished by
ENGINEER under this Agreement.
2.5.14. Limitation of Responsibilities. ENGINEER
shall not be responsible for the acts or omissions of any
Contractor, or of any subcontractor, any supplier, or of
any other person or organization performing or
furnishing any of the work. ENGINEER shall not be
responsible for Contractor's failure to perform or
furnish the work in accordance with the Contract
Documents.
2.5.15. Duration of Construction Phase. The
Construction Phase will commence with the execution
of the construction contract for the Project or any part
thereof and will terminate upon written
recommendation by ENGINEER of final payment. If
the Project involves more than one prime contract as
indicated in paragraph 5.5, Construction Phase services
may be rendered at different times in respect of
separate prime contracts.
The duties and responsibilities of ENGINEER during
the Construction Phase as set forth in this paragraph
2.5 are amended and supplemented as indicated in
Exhibit A.
2.6. Operati6ftlll Phllse.
During the Operatie>ftal Phase, ENGINEER shall, \(hen
requested by OWNER:
2.6.1. Pro'vide assistance in connection .vith the
rdiniflg and adjusting of any equipment or system.
2.6.2. Assist O'NNER in training OWNER's staff to
operate and maintain the Project.
2.6.3. Assist OWNER in due10ping systefi1s and
procedures for eentrol of the eperatiofi and
maintenancc of ana record keeping fe>r the Project.
2.6.4. Prepare a set of reproducible reeard dra~vings
sho'(/ing record infenmation which ENGINEER
considers significant based on the Drawings, Shop
Drawings, and other record de>euments furnishcel by
Contractor t6 ENGINEER (mieh were annotated by
Contractor to show all changes n1ade during
construction. ENGINEER will net be responsible for
any elTe>f3 in or omissions in the information pre> 9"idcd
by COf'ltraetor that is incorp5ratcd in the record
drawings e>r other record documents.
Page 8 of 19 Pages
2.6.5. I 1ft eeffipaft) ..,-(ith OWNER, -visit the Pr6jeet to
66ser. e aft). appareftt defects ift the completed ."(ork,
assist OWNER ift consultatiOfB afta aiscussions 'Nith
Contractor eoneerniftg eOfi'eetion of such def-cets, and
make reeemmenelati6ftg as to l'eplaeemeftt ()f cofi'cetion
of defective ".'(ork.
2.6.6. Provide miscellaneous services as requested by
OWNER ift cormeetioft \vith Pf6jcet eloscout.
2.6.7. The Operatioftal Phase may eommcftee during
the Construetion Phase and will terminate one year
after the date of Substantial Completi6ft.
The duties Itfld respoftsibilities of ENGINEER during
the Operatioftal Phase as set forth ift this paragt'aph 2.6
arc amended and gUpplcft1entea as inaieated in Exhibit
-k
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 paragraphs 3.1.1 through 3.1.19,
inclusive, as amended and supplemented as indicated
in Exhibit A. These services are not included as part of
Basic Services except to the extent otherwise provided
in Exhibit A. These services will be paid for by
OWNER as indicated in Section 6.
3.1.1. Preparation of applications and supporting
documents (in addition to those furnished under Basic
Services) for private or governmental grants, loans or
advances in connection with the Project; preparation or
review of environmental assessments and impact
statements; review and evaluation of the effect on the
design requirements of the Project of any such
statements and documents prepared by others; and
assistance in obtaining approvals of authorities having
jurisdiction over the anticipated environmental impact
of the Project.
3.1.2. Services to make measured drawings of or to
investigate existing conditions or facilities, or to verify
the accuracy of drawings or other information
furnished by OWNER.
3.1.3. . Services resulting from evaluation by
ENGINEER during the Study and Report Phase at
OWNER's request of alternative solutions in addition
to those specified in Exhibit A.
3.1.4. Services resulting from significant changes in
the scope, extent or character of the portions of the
Project designed or specified by ENGINEER or its
design requirements including, but not limited to,
changes in size, complexity, OWNER's schedule,
character of construction or method of financing; and
revising previously accepted studies, reports,
Drawings, Specifications or Contract Documents when
such revisions are required by changes in laws, rules,
regulations, ordinances, codes or orders enacted
subsequent to the preparation of such studies, reports,
Drawings, Specifications, or Contract Documents, or
are due to any other causes beyond ENGINEER's
control.
3.1.5. Services resulting from facts revealed about
conditions:
3.1.5.1. which are different from information
about such conditions that OWNER previously
provided to ENGINEER under paragraph 4.4 and
upon which ENGINEER was entitled to rely; or
3.1.5.2. as to which OWNER had responsibility to
provide information under paragraph 4.4 if such
information was not previously provided.
3.1.6. Providing renderings or models for OWNER's
use.
3.1. 7. Preparing documents for alternate bids
requested by OWNER for Contractor's work which is
not executed or documents for out-of-sequence work.
3.1.8. Undertaking investigations and stu~ies
including, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; the
preparation of feasibility studies, cash flow and
economic evaluations, rate schedules and appraisals;
assistance in obtaining financing for the Project;
evaluating processes available for licensing ~nd
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.
Page 9 of 19 Pages
3.1.9.' Futnishing services of ENGINEER's
Consultants for other than Basic Services; and
furnishing data or services of the types described in
paragraph 4.4 when OWNER employs ENGINEER to
provide such data or services in lieu of furnishing the
same under paragraph 4.4.
3.1.10. Services attributable to a 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
ENGINEER other than visits to the site or OWNER's
office as required by Section 2.
3.1.12. Preparing for, coordinating with, participating
in and responding to structured independent review
processes, including, but not limited to, Construction
Management, Cost Estimating, Project Peer Review,
Value Engineering and Constructability Review
requested by OWNER; and performing or furnishing
services required to revise studies, reports, Drawings,
Specifications or Contract Documents as a result of
such review processes.
3.1.13. Determining the acceptabflity of substitute
materials and equipment proposed during the Bidding
or Negotiating Phase when substitution prior to the
award of contracts is allowed by the Bidding
Documents.
3.1.14. Assistance in connection with bid protests,
rebidding or renegotiating contracts for construction,
materials, equipment or services, except when such
assistance is required to complete services called for in
paragraph E7.2.5, if Exhibit E is a part of this
Agreement.
3.1.15. Providing field surveys for design purposes,
engineering surveys and staking to enable Contractor
to proceed with its work, and any type of property
surveys or related engineering services needed for the
transfer of interests in real property; and providing
other special field surveys.
3.1.16. Preparation of operating, maintenance and
staffing manuals to supplement Basic Services under
paragraph 2.6.3.
3.1.17. Preparing to serve or serving as a consultant or
witness for OWNER in any litigation, arbitration or
other legal or administrative proceeding involving the
Project (except for assistance in consultations which is
included as part of Basic Services under paragraphs
2.1.3 and 2.3.2).
3.1.18. Providing more extensive services required to
enable ENGINEER to issue notices or certifications
requested by OWNER under paragraph 4.12.
3.1.19. Other additional services performed or
furnished by ENGINEER in connection with the
Project, including services which are to be furnished by
OWNER under Section 4, and services not otherwise
provided for in this Agreement.
3.2. Required Additional Services.
When required by the Contract 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 compensation for
Basic Services is not commensurate with the extent of
the additional services rendered.
3.2.2. Services in making revisions to Drawings and
Specifications occasioned by the acceptance of
substitute materials or equipment other than "or-equal"
items; and services after the award of the construction
contract in evaluating and determining the
acceptability of a substitution which is inappropriate
for the Project or an excessive number of substitutions.
Page 10 of 19 Pages
3.2.3.' Services resulting from significant delays,
changes or price increases occurring as a direct or
indirect result of materials, equipment or energy
shortages.
3.2.4. Additional or extended services during
construction made necessary by (l) work damaged by
fire or other cause during construction, (2) a significant
amount of defective, neglected or delayed work of
Contractor, (3) acceleration of the progress schedule
involving services beyond normal working hours, or
(4) default by Contractor.
3.2.5. Services (other than Basic Services during the
Operational Phase) in connection with any partial
utilization of any part of the Project by OWNER prior
to its Substantial Completion.
3.2.6. Evaluating an unreasonable claim or an
excessive number of claims submitted by Contractor or
others in connection with the work.
SECTION 4 - OWNER'S 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
representative with respect to the services to be
performed or furnished by ENGINEER under this
Agreement. Such person will have complete authority
to transmit instructions, receive information, interpret
and 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 OW'NER 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;
4.4.5. field surveys for dcgign pUffHm;g and
property, bemndary, cagcment, right-of-way,
topographic and utility surveys or data, including
rele', ant refcrcnce pointg,
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 ENG~ER
may rely upon, the accuracy and completeness of all
reports, data and other information furnished pursuant
to this paragraph. ENGINEER may use such reports,
data and information in performing or furnishing
services under this Agreement.
4.5. Provide, as required by the Contract Documents,
engineering surveys and staking to enable Contractor
to proceed with the layout of the work, and other
Page 11 of 19 Pages
specia1 field surveys.
4.6. Arrange for access to and make all provisions for
ENGINEER to enter upon public and private property
as required for ENGINEER to perform services under
this Agreement.
4.7. Examine all alternate solutions, studies, reports,
sketches, Drawings, Specifications, proposals and
other documents presented by ENGINEER (including
obtaining advice of an attorney, insurance counselor
and other consultants as OWNER deems appropriate
with respect to such examination) and render in writing
decisions pertaining thereto.
4.8. Provide approvals and permits from all
governmental authorities having jurisdiction to
approve the portions of the Project designed or
specified by ENGINEER and such approvals and
consents from others as may be necessary for
completion of such portions of the Project.
4.9. Provide, as may be required for the Project
4.9.1. accounting, bond and financial advisory,
independent cost estimating and insurance
counseling services;
4.9.2, such legal services as OWNER may require
or ENGINEER may reasonably request with
regard to legal issues pertaining to the Project,
including any that may be raised by Contractor;
and
4.9.3. such auditing services as OWNER may
require to ascertain how or for what purpose
Contractor has used the moneys paid on account
of the Contract Price.
4.10. Provide such inspection or monitoring services
by an individual or entity other than ENGINEER as
OWNER may desire to verify:
4.10.1. that Contractor is complying with any
law, rule, regulation, ordinance, code or order
applicable to 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 prOVlSlons of the
Contract Documents applicable to safety.
ENGINEER does not undertake in this Agreement to
perform the services referred to in 4.10.1 and 4.10.2
above. The identity of any individual or entity em-
ployed to perform such services and the scope of such
services will be disclosed to ENGINEER.
4.11. Advise ENGINEER of the identity and scope of
services of any independent consultants employed by
OWNER to perform or furnish services in regard to the
Project, including, but not limited to, Construction
Management, Cost Estimating, Project Peer Review,
Value Engineering and Constructability Review. If
OWNER designates a person or entity other than, or in
addition to, ENGINEER to represent OWNER at the
site, OWNER shall define and set forth in an exhibit
that is to be mutually agreed upon and attached to and
made a part of this Agreement before such services
begin, the duties, responsibilities and limitations of
authority of such other party and the relation thereof to
the duties, responsibilities and authority of
ENGINEER.
4.12. Prior to the commencement of the Construction
Phase, notify ENGINEER of any variations in the
language of the Notice of Acceptability of Work, or of
any notice or certification other than such Notice that
ENGINEER will be requested to provide to OWNER
or third parties in connection with the financing or
completion of the Project. OWNER and ENGINEER
shall reach agreement on the terms of any such
requested notice or certification and OWNER shall
authorize such Additional Services as are necessary to
enable ENGINEER to provide the notice or
certification requested under this paragraph.
4.13. If more 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 person 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.
Page 12 of 19 Pages
4.14. 'Furnish'to ENGINEER data or estimated figures
as to OWNER's anticipated costs for services to be
provided by others for OWNER (such as services
pursuant to paragraphs 4A, 4.5 and 4.7 through 4.14,
inclusive) and other costs of the types referred to in
paragraph 2.1.5 so that ENGINEER may make the
necessary calculations to develop and periodically
adjust ENGINEER's opinion of Total Project Costs.
4.15. Attend the pre-bid conference, bid opening,
preconstruction conferences, construction progress and
other job related meetings and Substantial Completion
and final payment inspections.
4.16. Give prompt written notice to ENGINEER
whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or
time of performance or furnishing of ENGINEER's
services, or any defect or nonconformance in
ENGINEER's services or in the work of any
Contractor,
4.17. Furnish, or direct ENGINEER to provide, Addi-
tional Services as stipulated in paragraph 3.1 of this
Agreement or other services as required.
SECTION 5 - TIMES FOR RENDERING
SERVICES
5.1. ENGINEER's services and compensation under
this Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project
through completion of the Construction Phase. Unless
specific periods of time or specific dates for providing
services are specified in this Agreement ENGINEER's
obligation to render services hereunder will extend for
a period which may reasonably be required for the
design, award of construction contracts, construction
and initial operation of the Project including extra
work and required extensions thereto.
5.2. If in this Agreement specific periods of time for
rendering services are set forth or specific dates by
which services are to be completed are provided and if
such periods of time or dates are changed through no
fault of ENGINEER, the rates and amounts of
compensation provided for herein shall be subject to
equitable adjustment. If OWNER has requested
changes in the scope, extent or character of the Project,
the time of performance of ENGINEER's services shall
be adjusted equitably.
5.3. If OWNER fails to give prompt written
authorization to proceed with any phase of services
after completion of the immediately preceding phase,
or if the Construction Phase has not commenced within
the stipulated period identified 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 A. If ENGINEER's services for design or during
construction of the Project are delayed or suspended in
whole or in part by OWNER:
5A.1. for more than three months through no fault
of ENGINEER, ENGINEER shall be entitled to
equitable adjustment of rates and amounts of
compensation provided for 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
5A.2. for more than one year through no fault of
ENGINEER, or if ENGINEER for any reason is
required to render Construction Phase services
more than one year after Substantial Completion is
achieved, the rates and amounts of compensation
provided for elsewhere in this Agreement will be
subject to equitable adjustment to reflect, among
other things, changes in the various elements that
comprise such rates of compensation.
5.5. In the event that the work designed or specified by
ENGINEER is to be performed or fumished 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 ca~e of
fast-tracking), OWNER and ENGINEER shall, prior to
commencement of the Final Design Phase, develop a
schedule for performance of ENGINEER's services
during the Final Design, Bidding or Negotiating and
Construction Phases in order to sequence and
Page 13 of 19 Pages
coordinate prbperly 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 - PAYMENTS TO ENGINEER FOR
SERVICES AND REIMBURSABLE EXPENSES
6.1 Methods of Payment for Services and Expenses
of ENGINEER.
6.1.1. For Basic Services. OWNER shall pay
ENGINEER for Basic Services performed or furnished
under Section 2 on the basis set forth in Exhibit B.
6.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or
furnished under Section 3 on the basis set forth in
Exhibit B.
6.1.3. For Reimbursable Expenses. In addition to
payments provided for in paragraphs 6.1.1 and 6.1.2,
OWNER shall pay ENGINEER for Reimbursable
Expenses incurred by ENGINEER and ENGINEER's
Consultants as set forth in Exhibit B. The amount
payable for Reimbursable Expenses will include a
factor to the extent so indicated in Exhibit B.
6.2. Other Provisions Concerning Payments.
6.2.1. Preparation of Invoices. Invoices for Basic and
Additional Services and Reimbursable Expenses will
be prepared in accordance with ENGINEER's standard
invoicing practices and will be submitted to OWNER
by ENGINEER at least monthly. The amount billed
for Basic Services and Additional Services in each
invoice will be calculated on the 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 1.5% 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. Payments 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.
6.2.3.1. Termination by OWNER for Cause. In
the event of termination by OWNER for cause
under paragraph 8.1.1:
6.2.3.1.1. Upon the completion of any phase
of Basic Services, progress payments due
ENGINEER in accordance with this
Agreement for all such services performed or
furnished by ENGINEER and ENGINEER's
Consultants through the completion of such
phase will constitute total payment for such
services. ENGINEER also will be paid for all
unpaid Additional Services and unpaid
Reimbursable Expenses.
6.2.3.1.2. During any phase of the Basic
Services, ENGINEER also will be paid for
such services performed or furnished in
accordance with this Agreement by
ENGINEER during that phase through the
date of termination on the basis specified in
Exhibit B. ENGINEER also will be paid for
the charges of ENGINEER's Consultants
employed to perform or furnish Basic Services
to the extent such services have been
performed or furnished in accordance with
this Agreement through the effective date of
the termination. ENGINEER also will be paid
for all unpaid Additional Services and unpaid
Reimbursable Expenses.
6.2.3.2. Termination by OWNERfor Convenience.
In the event of termination by OWNER under
paragraph 8.1.2:
6.2.3.2.1. Upon the completion of any phase
of Basic Services, progress payments due
ENGINEER in accordance with this
Agreement for all such services performed or
furnished by ENGINEER and ENGINEER's
Consultants through the completion of such
phase will constitute total payment for such
Page 14 of 19 Pages
servicts. 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, ENGINEER also will be paid for
such services performed or furnished by
ENGINEER during that phase through the
date of termination on the basis specified in
Exhibit B. In addition, ENGINEER will be
paid for the charges of ENGINEER's
Consultants employed to perform or furnish
Basic Services through the effective date of
the termination. ENGINEER also will be paid
for all unpaid Additional Services and unpaid
Reimbursable Expenses, and for termination
expenses under subparagraph 6.2.3.2.3 below.
6.2.3.2.3. In the event of termination by
OWNER for convenience during or at
completion of any phase of Basic Services,
OWNER shall pay ENGINEER's reasonable
expenses directly attributable to termination
in accordance with rates applicable to the
various categories of Additional Services
measured from the date of termination,
including other fair and reasonable sums for
overhead and profit, and costs of terminating
contracts with ENGINEER's Consultants.
6.2.3.3. Termination By ENGINEER for Cause.
In the event of termination by ENGINEER for
cause under paragraph 8.1.1, ENGINEER shall be
entitled to receive compensation calculated as set
forth in paragraph 6.2.3.2.
6.2.4. Records of ENGINEER's Costs. Records of
ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement will be kept in
accordance with generally accepted accounting
practices. Copies will be made available to OWNER at
cost on request prior to final payment for ENGINEER's
servIces.
SECTION 7 - OPINIONS OF COST
7.1. Opinions of Probable Construction Cost.
ENGINEER's opinions of probable Construction Cost
provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and
represent ENGINEER's best judgment as an
experienced and qualified professional engineer
generally familiar with the construction industry.
However, since ENGINEER has no control over the
cost of labor, materials, equipment or services
furnished by others, or over the Contractor's methods
of determining prices, or over competitive bidding or
market conditions, ENGINEER cannot and does not
guarantee that proposals, bids or actual Construction
Cost will not vary from opinions of probable
Construction Cost prepared by ENGINEER. If
OWNER wishes greater assurance as to probable
Construction Cost, OWNER shall employ an
independent cost estimator as provided in paragraph
4.9.1.
7.2. Designing to Construction Cost Limit.
If a Construction Cost limit is established between
OWNER and ENGINEER, such Construction Cost
limit and a statement of ENGINEER's rights and
responsibilities with respect thereto will be specifically
set forth in Exhibit E, "Construction Cost Limit", to
this Agreement.
7.3. Opinions of Total Project Costs.
ENGINEER assumes no responsibility for the accuracy
of opinions of Total Project Costs provided for in
Section 2.
SECTION 8 - GENERAL CONSIDERATIONS
8.1. Termination.
The obligation to provide further services under this
Agreement may be terminated:
8.1.1. For cause,
8.1.1.1. by either party upon thirty days' written
notice in the event of substantial failure by the
other party to perform in accordance with the
terms hereof through no fault of the terminating
party. Notwithstanding the foregoing, this
Agreement will not terminate as a result of such
substantial failure if the party receiving such
notice begins, within seven days of receipt of such
Page 15 of 19 Pages
n'otice, to correct its failure to perform and
proceeds diligently to cure such failure within no
more than thirty days of receipt thereof; provided,
however, that if and to the extent such substantial
failure cannot be reasonably cured within such
thirty-day period, and if such party has diligently
attempted to cure the same and thereafter
continues diligently to cure the same, then the
cure period provided from herein shall extend up
to, but in no case more than, sixty days after the
date of receipt of the notice.
8.1.1.2. by ENGINEER:
8.1.1.2.1. upon seven days' written notice if
ENGINEER believes that ENGINEER is
being requested by OWNER to furnish or
perform services contrary to ENGINEER's
responsibili ties as a licensed design
professional; or
8.1.1.2.2. upon seven days' written notice if
the ENGINEER's services for design or
during the construction of the Project are
delayed or suspended for more than ninety
days for reasons beyond ENGINEER's
control.
8.1.1.2.3. In the case of termination under
this paragraph 8.1.1.2, ENGINEER shall have
no liability to OWNER on account of such
termination.
8.1.2. For convenience, by OWNER effective upon
the receipt of notice by ENGINEER.
8.2. Reuse of Documents.
All documents including Drawings and Specifications
provided or furnished by ENGINEER (or
ENGINEER's Consultants) pursuant to this Agreement
are instruments of service in respect of the Project, and
ENGINEER and ENGINEER's Consultants, as
appropriate, shall retain an ownership and property
interest therein (including the right of reuse by and at
the discretion of ENGINEER and ENGINEER's
Consultants, as appropriate) whether or not the Project
is completed. OWNER may make and retain copies
for information and reference in connection with the
use and occupancy of the Project by OWNER and
others; however, such documents are not intended or
represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other
project. Any such reuse without written verification or
adaptation by ENGINEER and ENGINEER's
Consultants, as appropriate, for the specific purpose
intended will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, or to
ENGINEER's Consultants, and OWNER shall
indemnify and hold harmless ENGINEER and
ENGINEER's Consultants from all claims, damages,
losses and expenses including attorneys' fees arising
out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER
and ENGINEER.
8.3. Insurance.
8.3.1. ENGINEER shall procure and maintain
insurance as set forth in Exhibit F, "Insurance", for
protection from claims under workers' compensation
acts, claims for damages because of bodily injury
including personal injury, sickness or disease or death
of any and all employees or of any person other than
such employees, and from claims or damages because
of injury to or destruction of property including loss of
use resulting therefrom. ENGINEER shall list
OWNER as an additional insured on ENGINEER's
general liability insurance poliey.
8.3.2. OWNER shall list ENGINEER and
ENGINEER's Censtlltants as additional insurcds on
any gcneral liability ar property in:mranee polieics
carried 6) O\~~R Nhich arc tipplicabk ta the
Project. OVn-~R shall require Contraetor to purehase
and maintain general liability and other insurance as
specified in the Contract Documents and to list
ENGINEER and ENGll'~ER's Consultants as
additianal insurcds 'uith rcspect to such liabilit), prap
crt}' and other insurantie purchased and maintained by
Contractor. All polieies ef property insurance shall
contain pro'.isions to the effect that ENGll'U2ER's and
ENGfrU2ER's Consultants' interests are tie tcred and
that in the e tent of payment of any loss or damage the
insurers will have no rights af reco'(cry against any of
the insured 6f additional insurcds thereunder.
Page 16 of 19 Pages
8.3.3.' At any time OWNER may request that
ENGINEER, at OWNER's sole expense, provide
additional insurance coverage, different limits or
revised deductibles in excess of those specified in
Exhibit F. If so requested by OWNER, and if
commercially available, ENGINEER shall obtain and
shall require ENGINEER's Consultants to obtain such
additional insurance coverage, different limits or
revised deductibles, for such periods of time as
requested by OWNER, at OWNER's sole expense, and
Exhibit F will be supplemented to incorporate these
requirements.
8.4. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
8.5. Successors and Assigns.
8.5.1. OWNER and ENGINEER each is hereby bound
and the partners, successors, executors, administrators
and legal representatives of OWNER and ENGINEER
(and to the extent permitted by paragraph 8.5.2 the
assigns of OWNER and ENGINEER) are hereby
bound to the other party to this Agreement and to the
partners, successors, executors, administrators and
legal representatives (and said assigns) of such other
party, in respect of all covenants, agreements and
obligations of this Agreement.
8.5.2. Neither OWNER nor ENGINEER may assign,
sublet or transfer any rights under or interest
(including, but without limitation, moneys that may
become due or moneys that are due) in this Agreement
without the written consent of the other, except to the
extent that any assignment, subletting or transfer is
mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from
any duty or responsibility under this Agreement.
8.5.3. Unless expressly provided otherwise in this
Agreement:
8.5.3.1. Nothing in this Agreement shall be
construed to create, impose or give rise to any
duty owed by ENGINEER to any Contractor,
Subcontractor, Supplier, other person or entity, or
to any surety for or employee of any of 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.
8.6. Dispute Res6luti60.
If and t6 the: e:xtent that O~,ljNER and ENGINEER ha, e:
agre:ed on a meth6d and pfOccdtlre for re:s8lving
disputes ben, e:e:n them arising clUt of or relating to this
Agree:me:nt, such dispute: resolution meth8d and
procedure, if any, is se:t forth in Exhibit G, "Digpute
Res6Iutiem." OWNER and ENGINEER agt'ee ta
negotiate in gMd faith for a period of thirty days from
the date ef fl6tice of all dispute:s bet-,/een them prior to
exercising their rights uftde:r Exhibit G or other
pro, isi6ns ef this f.gt'eement, or under law.
8.7. Allocation of Risks-Indemnification.
8.7.1. To the fullest extent permitted by law,
ENGINEER shall indemnify and hold harmless
OWNER, OWNER's officers, directors, partners,
employees and agents from and against any and all
claims, costs, losses and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution 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. :;Fhe
inde:mnification pro',ision of the pre:eeding sentence is
subjee:t to and limited by the pro ,isi6ns agt'eed to by
I
OV{NER and ENGINEER in Exhibit II, "Allocation of
Risks", if any.
8.7.2. To the fullest extent permitted b) law, OWNER
shall indemnify and held harmless ENGINEER,
ENGINEER's officers, diree:tors, partners, e:mployees
and agents and ENGINEER's Consultants from and
Page 17 of 19 Pages
agains!t any ahd all elaims, cost" losses and damages
(ineh:lding but not limited to all fees and charges of
engineers, arehiteets, attorncys and other professionals
and all eemrt Of arbitration or other dispute resolution
costs) caused solely by the negligent acts or 6missions
of O'.VNER or OWNER's officers, direetors, partners,
employees, agents and O'.VNER's eemsultants vv ith
respeet to this Agreement or the Project.
8.7.3. In addition to the indemnify prOvided under
paragraph 8.7.2 of this Agreement, and to the fullest
extent permitted by law, O\VNER shall indemnify and
hold harmless ENGINEER and its officers, directors,
partners, employees, and agents and ENGINEER's
Consultants :&om and against all elaims, costs, losscs,
Me! e!amages (inelue!ing but net limited to all fees and
eharges of engincers, arehiteets, attorney s and other
professionals and all court or arbitration or other
dispute fCsolution eosts) eausca by, arising 61::1t of or
relating to the presence, diseharge, release, or esefrpe of
Asbestos, PCDS, Petroleun1, Hazardous \Vaste, 6r
Radioactive Material at, on, under or from the Pr6jeet
site.
8.8. Notices.
Any notice required under this Agreement will be in is
writing, addressed to the appropriate party at the
address which appears on the signature page to this
Agreement (as modified in writing from time to time
by such party) and given personally, by registered or
certified mail, return receipt requested, by facsimile, or
by a nationally recognized overnight courier service.
All notices shall be effective upon the date of receipt.
8.9. Survival.
All express representations, indemnifications or
limitations of liability made in or given in this
Agreement will survive the completion of all services
of ENGINEER under this Agreement or the
termination of this Agreement for any reason.
8.10. Severability.
Any provision or part of the Agreement held to be void
or unenforceable under any law or regulation shall be
deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be
reformed to replace such stricken proVISIOn or part
thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention
of the stricken provision.
SECTION 9 - EXHIBITS AND SPECIAL
PROVISIONS
9.1. This Agreement is subject to the provisions of the
following Exhibits which are attached to and made a
part of the Agreement:
9.1.1. Exhibit A, "Further Description of Basic
Engineering Services and Related Matters", consisting
of 3 pages.
9.1.2. Exhibit B, "Payments to Engineer for Services
and Reimbursable Expenses", consisting of 2 pages.
9 .1.3. Exhibit C, "Duties, Respclflsibilities and
Limitations of Auth5rity ef Resident Project
Reprcscntative", consisting of _ pages.
9.1.4. Exhibit D, "Notice of Aceeptability of Work",
consisting of _ pages.
9.1.5. Exhibit 12, "Cemstruetion Cost Limit", consisting
of _ pages.
9.1.6. ExhibitF, "Insurance", consisting of1 page.
9.1.7. Exhibit G, "Dispute Resolution", consisting of_
~
9.1.8. Exhibit II, "Allocation of Risks", consisting of
_ pages.
9.1.9. Exhibit I, "Special Pro'visions", consisting of
_ pages.
9.2. This Agreement (consisting of pages 1 to 19,
inclusive and the Exhibits identified above) constitutes
the entire agreement between OWNER and ENGI-
NEER and supersedes all prior written or oral under-
standings. This Agreement may only be amended, sup-
plemented, modified or cancelled by a duly executed
written instrument.
Page 18 of 19 Pages
9.3. All clairhs, disputes and other matters in question
between the OWNER and the ENGINEER arising out
of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond
County, Georgia. The Engineer, by executing this
Agreement, specifically consents to venue in
Richmond County and waives any right to contest the
venue in the Superior Court of Richmond County,
Georgia.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above
written.
tAil
~B
If Title:
Au~usta-Richmond County
701 Municipal Buildine:
530 Greene Street
PM&A Consultin~ En~ineers. Inc.
710 Broad Street
Augusta. GA 30901
Augusta. GA 30911
/99005
Page 19 of 19 Pages
SUGGESTED FORMAT
(for use with 1910-1, 1992 Edition)
This is EXHIBIT A, consisting of ~ pages, referred to
in the Agreement between OWNER and ENGINEER
for Professional Services, dated ). -I f.t. 199.j
Further Description of Basic Engineering Services and Related Matters
Initial:
OWNER
ENGINE
Road and Storm Drainage Improvements for Morgan Road
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:
SECTION A2-BASIC SERVICES OF ENGINEER
A2.0. General.
The Basic Services are premised on the following general scope of professional services:
DESCRIPTION OF PROJECT
Morgan Road is located approximately one mile east of Fort Gordon's Gate 5 on US Highway 1 (Deans Bridge
Road) and runs from Tobacco Road primarily north for two miles to Deans Bridge Road. It has posted speed
limits of 35 and 40 MPH and its course changes in elevation from a high of 460+/- near Tobacco Road down to
230 over a tributary of Butler Creek back up to 290 near Deans Bridge Road. Morgan Road runs through what is
predominantly a residential area of single family residences, churches, and a few small businesses and it has a few
subdivisions and streets that tie into it at various points. The tax maps show an existing 80 foot right of way.
Some of the adjacent terrain slopes steeply away from the road, and in only a few places, the adjacent grades slope
towards the road.
The project scope is to add curb and gutter and widen the road to 31 feet back to back of the curbs; the road is to be
widened at each intersecting road to include deceleration and left turn lanes. Open ditches shall be filled in with
storm piping added to convey storm water runoff to the same points that storm water is now being conveyed to by
ditch. Sidewalks shall be added to both sides of Morgan Road. Where it is feasible, PM&A shall realign Morgan
Road either or both horizontally and vertically to comply with the Georgia Department of Transportation's
requirements for the proposed 40 MPH speed limit. Should this not be practical without requiring additional right
of way or affecting grades of intersecting streets and/or drives, PM&A shall consult with Augusta-Richmond
County before proceeding with the design. Augusta-Richmond County shall notify PM&A at a later date whether
or not to design for passing.
Page 1 of 3 pages
(Exhibit A - Basic Services and Related Matters)
SCOPE OF WORK
The scope of work for engineering services required for the proposed improvements as detailed above is as
follows:
1) Engineering Survey
PM&A shall perform an engineering/topographical survey of the Morgan Road Right of Way running
between the centerline of intersections with Loren Parkway near Tobacco Road north to a point of tie-in with
the GDOT Project NH 043-1(49),1,850 feet south of Deans Bridge Road. This results in approximately 1.55
miles ofreconstruction. Additional topography shall be taken adjacent to the right of way in order to
determine adjacent grades and points of tie-in for each intersecting street. Initial observations lead to the
assumption that additional right of way will not be required; however, temporary construction easements will
probably be required to facilitate construction in the areas where the adjacent terrain slopes steeply away from
the new edge of pavement, where horizontal and/or vertical realignment is required and at each intersecting
street.
2) Construction Drawings, Specifications and Cost Estimate
PM&A shall prepare construction drawings detailing both the road, sidewalk and storm sewer improvements,
as well as a cost estimate for the entire project using the Georgia Department of Transportation's unit costs.
The plans shall show the centerline stationing beginning with Station 0+00 at the point of tie-in with Loren
Parkway progressing north to the GDOT project-end previously described. Offsets shall be shown for all
existing and new structural/manmade features such as utility poles, centerline of intersecting streets, drives
and storm water appurtenances, (mail boxes and street signs shall not be located unless requested by the
county). Drawings will be prepared using AutoCAD Release 14 and Eagle Point Civil Modules. A proposed
drawing list follows:
TITLE
Estimated
Number of Sheets
Cover and Index Sheet
General Notes
Detailed Estimate
Plan & Profiles (1 "=20')
Cross Sections (every 100',+cross drainage)
Signing & Pavement Marking
Erosion Control Plans
Civil Details, Typical Pavement Cross Sections
Temporary Construction Easement Plats
1
1
I
14
15
5
4
2
6
SUBMITTALS
PM&A will submit three sets of documents for review at the concept and final design stages.
Page 2 of 3 pages
(Exhibit A - Basic Services and Related Matters)
COM'PENSA TION
PM&A shall be paid the lump sum of $110,900 for the scope of services defined in this proposal. The total lump
sum will be distributed as follows:
Engineering Survey & Concept Design
$33,100
.
Construction Documents
$77 ,800
WORK NOT INCLUDED
The following services are not included in the scope of work but may be added at additional cost:
1. Surveying Right of Way acquisitions and plats. (None are anticipated).
2. Services during bidding(paragraph 2.4) and construction phases (paragraph 2.5). (Except that Engineer will
be available for teleconference or meeting for resolution of questions regarding the construction documents.)
3. Reproduction of bid sets and construction issues.
/99005
Page 3 of 3 pages
(Exhibit A - Basic Services and Related Matters)
'.
~
j
SUGGESTED FORMAT
(for use with No. 1910-1, 1992 Edition)
Payments to ENGINEER for Services and Reimbursable Expenses
Road and Storm Drainage Improvements for Morgan Road
This is EXHIBIT B, consisting of 2 pages,
referred to in the Agreement between OWNER
and ENGINEER for Professional Services,
dated , 19_.
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)
SECTION B6 - PAYMENTS TO ENGINEER
B6.1. Methods of Payment for Services and Expenses
of ENGINEER.
B6.1.1. For Basic Services. OWNER shall pay ENGINEER
for Basic Services as follows:
B6.1.1.1. General. A lump sum fee of $110,900
($33,100 for survey and concept design and $77,800
for construction documents) for all services of
ENGINEER (except for services for the Bidding and
Negotiating Phase performed or furnished under
paragraph 2.4 and Construction Phase performed or
furnished under paragraph 2.5).
B6.1.1.2. Rcsidt:/It ['1oject RCplcse/lffltive &1l:!iaJ. Fer
3er, iee3 ef ENGINEER' 3 Re3ideht Pyejeet
Repre3entati, e peyfermed oy fuyfti3hed tlnder payagraph
2.5.2.1, Bidding and Negotiating Phase Services of
ENGINEER performed or furnished under
paragraph 2.4, an amount equal to ENGINEER's Salary
Costs times a factor of 2.15 for services performed or
furnished by principals and employees engaged directly
m re3icknt Projeet repre3entarion. on the project.
B6.1.1.3. Opel (1ti"'!(1! ,n],(1se &1 vias. Foy Opeyatienal
Pha3e 3eT'\> iee3 perfBrmed ey fumi3ned tmdey payagraph
r.6; Construction Phase Services. Construction Phase
Services of ENGINEER performed or furnished
under paragraph 2.5, an amount equal to ENGINEER's
Salary Costs times a factor of 2,15 for services
performed or furnished by principals and employees
directly on the Project.
B6.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services as follows:
B6.1.2.1. General. For services of ENGINEER's
principals and employees engaged directly on the Project
performed 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 ENGINEER's
Salary Costs times a factor of2.15.
B6.1.2.2. ENGINEER's Consultants. For services of
ENGINEER's Consultants performed or furnished
pursuant to paragraph 3.1 or 3.2, the amount billed to
ENGINEER therefor times a factor of 1.10.
D6.1.2.3. C{jst IYtis (jI I1lcClltivc f;(1vi/lgs O:mstllu:tiIJ/I
C",lt'(1cfs. Ifany eentyaet f(jr "erk de3igned ey 3peeified
by CNGItJCER fer the Prejeet eelntain3 ee3t pltq m
ineenti,e 3a,ing3 pye,i3ien3 fey Centfactey'3 ba3ic
eompcn3atien, an additienalltlft1p 3tlll1 fee ef $
f(jy eaeh 3tleh eentfact fey Da3ie SeT'\> ice3 tlfldey D6.1.1.1
and ell the basi3 indicated in D6.1.1.2 and D6.1.1.3
exeept that the faetof3 in D6.1.1.2 arid D61.1.3 3hall be.
Page 1 of 2 Pages
(Exhibit B - Lump Sum Method)
· I1tll.1~2
D6. 1. 1.3
B6.1.2A. SeyeJ at ,n, illle Omtl acts. If ffi6rc than 6nc
sC:l'aratc: prime e6nft'aet is a ~ anted fur vv 6rk designed 6r
speEified B) ENGINEER far the Pr6jeet, an additi6ll!l1
ltlmp Stlffi fee 6f $ F6r eaeh stich
adcliti6nal prime e6nffac:t fur Dask Serviees tlllcler
D61.1.1 Ilna 6n the basis inclieated if! D61.1.2 Ilnd
D61.1.3 exeept that the faet6fs in D6.1.1.2 and D6. 1. 1.3
shall be.
D61.1.2
D6.1.1.2
B6.1.2.5. Serving as a Witness. For services performed
by ENGINEER's principals and employees as
consultants or 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 or any portion
thereof (but compensation 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).
Compensation for ENGINEER's Consultants for such
services will be on the basis provided in paragraph
B6.1.2.2.
B6.1.3. For Reimbursable Expenses. OWNER shall pay
ENGINEER for Reimbursable Expenses such as:
Reproduction of bid and construction documents.
Out of town travel.
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 1.10.
.
B6.IA. Salary Costs. Salary Costs means salaries 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, workers' 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:
Principal (name and title)
Imputed Hourly
Salary Costs
As Submitted bv Pavroll Records $
$
$
B6.1.5. Adjustment of Salary Costs. The Salary Costs and
the f~ctor applied to Salary Costs in determining
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 ENGINEER and consistent with ENGINEER's
overall compensation practices and procedures.
B6.2. Other Provisions Concerning Payments.
B6.2.1. 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, if any, as stated above) incurred at
the time of biIling.
B6.2.3. Payments Upon Termination.
B6.2.3.4. In the event ofternlination during any phase of
the Basic Services, ENGINEER will be paid for services
performed or furnished in accordance with this
Agreement during that phase on the basis I of
ENGINEER's Salary Costs times a factor of 2.15: for
services performed or furnished during that phase to date
of termination by ENGINEER's principals and
employees engaged directly on the Project.
/9905
Page 2 of 2 Pages
(Exhibit B - Lump Sum Method)
..
,.,
t
~ . t. ..
SUGGESTED FORMAT
(for use with No. 1910-1, 1992 Edition)
This is EXHIBIT F, consisting of -1- Page, referred to
in the Agreement between OWNER and ENGINEER
for Professional Services, dated , 19_.
Insurance
Road and Storm Drainage Improvements for Morgan Road
Section 8 of the Agreement is amended and supplemented to include the following agreement of the parties:
8.3. Insurance.
The limits of Liability for the insurance required by paragraph 8.3 of the Agreement are as follows:
F8.3.1. By ENGINEER:
1.
Workers' Compensation:
Statutory
2.
General Liability:
General Aggregate:
Each Occurrence ( Bodily Injury and
Property Damage):
$2,000,000
3.
Automobile Liability
$1,000,000
$1,000,000
a. Bodily Injury:
Each Person
Each Accident
or
$1,000,000
$1,000,000
b.
Combined Single Limit
(Bodily Injury and Property Damage):
Each Accident
$1,000,000
4.
Other (specify)
Professional Liability
$ 250,000
F.8.3.2. By OWNER: Self-Insured
/99005
Page 1 of 1 page
(Exhibit F - Insurance)