MINUTES-) REGULAR MEETING CITYOF CAMILLA, GEORGIA  MAY13,2024  The regular meeting of the Mayor and City Council of the City of Camilla was called to order at 6:00 p.m. on Monday, May 13, 2024 by Mayor Owens in The Honorable Mary Jo Haywood Present at roll call: Councilman Burley, Councilman Morgan, Councilman Collins, Councilman City Manager Stroud, City Attorney Thompson (via phone), and Clerk Ford were also present. City Manager Stroud gave the invocation and the Mayor and Council led the Pledge of  Council Chambers.  Pollard, and Councilman Palmer.  OPENING PRAYER AND PLEDGE  Allegiance to the Flag.  APPROVAL OF AGENDA  A motion was made by Councilman Morgan and seconded by Councilman Burley to approve the May 13, 2024 agenda less item # 9 (Executive Session for Litigation) and add an item related to the City Council's seat on the Library Board. The motion passed by a 5-0 vote. Mayor Owens commented item #9 is no longer necessary and for the library the City has a seat on the Board he  will be asking them to consider. Sign-in Sheet Attached.  CITIZENS AND GUESTS APPROVAL OF MINUTES  The following minutes were presented for approval consideration:  March 29,2024 Called Meeting April 1, 2024 Work Session April 8, 2024 Council Meeting  (Motion: Councilman Pollard/Second: Councilman Burley/Passed 5-0) (Motion: Councilman Pollard/Second: Councilman Morgan/Passed 5-0) (Motion: Councilman Burley/Second: Councilman Pollard/Passed 5-0)  SPEAKER APPEARANCES  Steve Sykes, Megan Cannon  ACTION ITEMS  PROCLAMATION. - MENTAL HEALTH AWARENESS MONTH  Inr recognition ofMental Health Awareness Month the Mayor and Council call upon all citizens, government agencies, public and private institutions, businesses and schools to recommit our community to increasing awareness and understanding of mental health needs. The Council recommends approval of a Proclamation proclaiming May 2024 as MENTAL HEALTH AWARENESS MONTH IN CAMILLA and supports the efforts toj promote mental wellness and  Page 1of6    PROCLAMATION: -I MENTAL HEALTH AWARENESS MONTH (cont.) Council, the Proclamation was presented to Georgia Pines staff. PROCLAMATION- CHARLES KELLY RETIREMENT  prevention. Mayor Owens read the Proclamation in to the record. With unanimous consent from  In recognition of a long and distinguished sixty-six year career with the City of Camilla, the Mayor and Council expressed their sincerest gratitude and congratulations to Mr. Charles Lee Kelly upon his retirement on April 5, 2024. The Council recommends approval of a Proclamation acknowledging Mr. Kelly's contributions to the City of Camilla and its' citizens and proclaim May 17, 2024 as CHARLES KELLY DAY IN CAMILLA, GEORGIA. Mr. Kelly addressed the Mayor and Council and stated he missed working with the city. He commented he will continue to serve on the State BOAG Board and after additional comments, Mayor Owens read the Proclamation in to the record. The Proclamation will be officially presented to Mr. Kelly ORDINANCE NO. 2024-05-13-1 - COMPENSATION INCREASE FOR ELECTED The first reading of the Compensation Increase for Elected Officials Ordinance (Compensation and Expenses - Part One-Article II-Section 2.13) was held Monday, May 6, 2024. Pursuant to O.C.G.A. $36-35-4 the public notice ofi intent to take action on the salary increase was published in the Mitchell County Enterprise-Journal on April 3, April 10, and April 17, 2024. The ordinance provides an increase in the annual salary for the Mayor and Council, a monthly expense allotment, and pension participation. The second reading of the ordinance is being held tonight and Council recommends approving Ordinance No. 2024-05-13-1 with authorization for the Mayor to sign. A motion was made by Councilman Morgan and seconded by Councilman Pollard to adopt the Ordinance. Mayor Owens commented the salary does not take effect until January 2026; however, the monthly expense allotment will become effective immediately. This is the second reading of the ordinance and at: first reading must be a unanimous vote to waive the second reading. There were councilmembers voting against the ordinance last week andi if they are willing to say to the public, for him as Mayor assuming the vote goes the way it did last week, it will be interesting if folks voting against the ordinance receive benefits from it. After speaking with the city manager a line item will be added for the allotment to be returned. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan and Pollard. Voting in opposition: Councilmen Collins and Palmer. The Mayor voted yes and the motion to adopt ORDINANCE NO.2024-05-132-MAYOR: ADMINISTRATIVE FOWERS-SECOND At the May 6, 2024 Work Session the Mayor and Council held the first reading of an ordinance granting certain executive and administrative powers to the Mayor in the absence or unavailability ofthe city manager. The second reading of the ordinance is being held tonight and Council recommends approval of Ordinance No. 2024-05-13-2 and authorizes the Mayor to sign. A motion was made by Councilman Pollard and seconded by Councilman Morgan to adopt the ordinance. Councilman Palmer commented the ordinance was a disregard oft the Charter, abuse  atl his retirement reception on May 17th. OFFICIALS-: SECOND READING  Ordinance No. 2024-05-13-1 passed by a 4-2 vote.  READING  Page2of6    ORDINANCE NO. 202445132-MAYOR: ADMINISTRATIVE POWERS-SECOND of the Charter, and an abuse of power. Everything is spelled out in the Charter and they don't need to make any changes in that direction. Mayor Owens stated as mentioned last week he has noi idea why he [Councilman Palmer] voted to put the item as an additional duty for the mayor. It was never there before but for some reason he voted for it. Councilman Burley asked the city manager how he felt, after reviewing the document, knowing he will not be overstepped. City Manager Stroud stated over the last couple years they have done a lot in the city. During his absence or unavailability progress cannot stop. He does not have an issue with it and it would be a disservice if things were not allowed to continue to move during his absence. Councilman Burley asked if he felt intimidated by the ordinance and City Manager Stroud replied no. Councilman Pollard stated it had been clarified by the city attorney as far as the legal ramifications and echoed Mayor Owens that the legislation was not on the books before and only one councilmember was present at that vote. They voted for it but did not see it as being contradictory. City Attorney Thompson commented they are not removing power and duties from the city manager. The ordinance is for times of need or matters of emergencies. After additional comments and discussion, voting in favor of the ordinance via a roll call vote: Councilmen Burley, Morgan and Pollard. Voting in opposition: Councilman Collins and Palmer. ENGINEERING PROPOSAL - YORK & ASSOCIATES - OAKVIEW CEMETERY The Mayor and Council discussed the proposed road improvements at Oakview Cemetery and reviewed an engineering and management proposal submitted by York & Associates to perform services associated with the project. Contingent upon city attorney approval, the Council recommends approval to enter into an agreement with York & Associates Engineering, Inc. to provide services as outlined in the agreement and authorizes the Mayor to sign associated documents. A motion was made by Councilman Burley and seconded by Councilman Morgan to approve the proposal contingent upon city attorney approval. Mayor Owens asked if a strategy has been developed to accommodate funerals being conducted during the road improvements. City Manager Stroud stated he is talking with the cemetery coordinator and once work starts will be talking with the contractor. Typically they know when funerals are being held and will make sure if a funeral is coming up they suspend work in that portion of the cemetery. A motion was made by Councilman Pollard and seconded by Councilman Burley to amend the original motion to include approval for the Mayor to execute any agreements, resolutions, and other documents for the engineering proposal for the Oakview Cemetery Road Improvements Phase II. The PROFESSIONALSERVICES PROPOSAL-YORK & ASSOCIATES- GYMNASIUM The Mayor and Council reviewed an agreement with York & Associates Engineering, Inc. for professional services related to the new gymnasium to be constructed on Perry Street. The agreement provides for site design, architectural design, structural design, mechanical/ electiealplumbing/fire protection/low voltage/security systems/fire alarm plans, construction details and technical specs, and construction contract documents. Contingent upon city attorney  READING (cont.)  The Mayor voted yes and the motion passed by a 4-2 vote.  ROADIMPROVEMENTS  motion passed by a 5-0 vote.  Page3of6    PROFESSIONALSERVICES PROPOSAL-) YORK & ASSOCIATES- GYMNASIUM approval, the Council recommends approval for the services as outlined in the agreement and authorizes the Mayor to sign associated documents. A motion was made by Councilman Pollard and seconded by Councilman Morgan to approve the agreement between York & Associates and the City of Camilla for the gymnasium project and authorize the Mayor to sign all agreements, resolutions, and all related documents to facilitate the project. Councilman Morgan asked for the scope of the work. City Manager Stroud replied it basically gives them the go ahead to start talking with mechanical and electrical folks and start the whole design process. It is basically getting the team together that will build the gym and giving York the ability to speak on the City's behalf. Councilman Collins commented he was against tearing the old gym down and against the proposal and will be voting no. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan and Pollard. Voting in opposition: Councilmen Collins and Palmer. ORDINANCE NO. 2024-05-13-3-SEASONAL ELECTRIC RATE-AGRICULTURAL The Mayor and Council reviewed the current electrical rate structure for seasonal agricultural customers. Based on a rate study performed by Electric Cities of Georgia, approval is recommended for Ordinance No. 2024-05-13-3 modifying the seasonal agricultural service rate structure. The Council also recommends to waive the second reading and authorization for the Mayor to sign. A motion was made by Councilman Pollard and seconded by Councilman Morgan to approve Ordinance 2024-05-13-3, authorize the Mayor to sign, and to waive the second reading. Councilman Palmer stated it was: fair to the agricultural community who support the county and all the towns involved. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan, Collins, Pollard and Palmer. The motion passed by a 5-0 vote. As part of the City's overall approach to providing animal control services within the corporate limits of Camilla a policy has been developed to assist pet owners with costs associated for spaying/neutering. Eligibility criteria includes: pets must be fully vaccinated to include rabies; pets must be registered and tagged and/or microchipped; pet owners must identify how pets are housed outside/inside - described outside closure, ifa applicable); proofofs scheduled sterilization appointment; and procedure must be performed within 30 days of application submission. The Council recommends approval of the policy as presented. A motion was made by Councilman  (cont.)  The Mayor voted yes and the motion passed by a 4-2 vote.  ANIMAL CONTROL-SPAY/NEUTER POLICY  Pollard, seconded by Councilman Morgan, and passed by a 5-0 vote.  LIBRARY BOARD APPOINTMENTS  Mayor Owens stated as discussed over the last few months regarding the City's relationship with the Library and the good work they do in our community, they reduced funding from $40,000 to $15,000. The Library's new: fiscal year starts in July and considering the reduction of the City's funding, along with suspension of the donation program through the utility billing system, at this time he asks for consideration to rescind the final board member seat on the Library Board; however, library leadership would still need to come to them before October 1st to report on the programming, considering they will still be receiving $15,000. He is seeing very positive things  Page4 4of6    LIBRARY BOARD APPOINTMENTS (cont.)  in the community and folks embracing the library through community outreach. The library is set to make some great moves in the city without the city government of Camilla in that process. A motion was made by Councilman Morgan and seconded by Councilman Pollard to rescind the final seat, and all seats for the City of Camilla, on the De Soto Trail Library Board. Voting in favor of the motion via a roll call vote: Councilmen Burley, Morgan and Pollard. Voting in opposition: Councilmen Collins and Palmer. The Mayor voted yes and the motion passed by a 4- 2 vote. Mayor Owens commented the Library Board meetings are open to the public and anyone  can attend.  CITY MANAGER'S, REPORT  City Manager Stroud reported budget season has started, the cemetery gates and caps were scheduled for install today but the weather held them up, the damaged cemetery gate will be fixed, a bid opening is scheduled May 17th for the Boys and Girls Club demolition project, pellets are being placed in standing water for mosquitos and they are spraying two to four timesa week, Northside project will begin soon, and after Northside the speed tables. Toombs Park restrooms are 90 to 92% complete and the splash pad will open May 15th. After additional discussion regarding mosquito control and spraying, City Manager Stroud commented he would provide a schedule to Council. Mayor Owens commented if they have to they can get a contractor to double up and get more of the city sprayed for mosquitos. City Manager Stroud stated he would add additional spraying and get more tablets placed in the standing water to  control the mosquito larvae.  MAYOR'S ANNOUNCEMENTS  Mayor Owens commented he had a strategic plan document that highlights some of the census numbers related to poverty in the region and the state of Georgia. Ini the city of Camilla there is a poverty rate of 39.6% of the population. Forty-five percent of the households in Camilla are receiving food stamps or SNAP. The poverty rate in Camilla is 39.6% VS. 15% in Georgia; these numbers are important because they have been in conversations related to potentially raising taxes and utility rates. The extra disposal income is needed for folks to survive. There is not any extra the citizens can give this government. It also illustrates they have to do everything they possibly can - thinking outside the box and being innovative in terms of bringing more: revenue to the City. The numbers should be a stark reminder when they come to the room they need to come with ideas. Going to the citizens of Camilla and asking them for more is non-start. The numbers are saying it and there is not any more to give from the citizens. Any chance or opportunity they have to bring reliefis better for all of them. He will have more on this on May 16th at 7PM when he issues the annual State of the City address. He is extremely excited about where they are. headed and are doing things others in the region are: not. Iti is being done ins such a way they are not asking citizens for extra money or to contribute. All street corners have construction or economic activity happening. Ground will soon be breaking on: new single family homes in the city, new restrooms at Toombs Park, SCORES is coming online soon, Three Squares Diner, and another restaurant coming downtown. He asks them to believe what their  eyes are showing them and the city is doing very important and exciting stuff.  Page5of6    Councilman Palmer asked the purpose for the executive session and which litigation it pertained to. Mayor Owens replied obviously because they are not in executive session there is no discussion. Councilman Palmer asked how it was resolved. Mayor Owens replied it was resolved and a motion can be made to add executive session back to the agenda and they can discuss. Councilman Palmer asked if! he is saying he has no comment. Mayor Owens asked ift there wasa  motion to add executive session back to the agenda.  ADJOURNMENT  The meeting adjourned at 7:25 p.m. on motion by Councilman Pollard.  BY:  -  ATTEST:  8 KELVIN M. OWENS, MAYOR  Uicwp E CHERYLI FORD, CLERK  Page 6of6    CITY OF CAMILLA, GEORGIA - SIGN-IN SHEET  DATE: WMAY 13 MEETING: 3 COUNCIL  2924  TIME:  6  A.M.  SP.M  WORK SESSION  OTHER:  SPLAKER NO: YES  NAME  ADDRESS  TOPIC OF DISCUSSION  1  STEVE SYES Thohgeville GA  2 Hawim fcwwrdt 3 Doma achelu 4 MGgon Cannow  5 Je Clevlenl 5470  6 7 8 9 10 11 12 13 14 15 16 17    Proclamation  CITY OF CAMILLA, GEORGIA  WHEREAS, mental health is essential to everyone's overall health and well-being; and WHEREAS, all Americans experience times of difficulty and stress in their lives; and  WHEREAS, a lack of mental health awareness leads to devastating impacts on the wellbeing of WHEREAS, prevention is an effective way to reduce the burden of mental health conditions; and WHEREAS, there is strong research that animal companionship, humor, spirituality, religion, recreation, social connections, and work-life balance can help all Americans protect their health and well-being; and  individuals and communities; and  WHEREAS, mental health conditions are real and prevalent in our nation; and  WHEREAS, with effective treatment individuals with mental health and other chronic health conditions WHEREAS, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental health problems and has a responsibility to promote mental wellness and NOW, THEREFORE, I, KELVIN M. OWENS, MAYOR OF THE CITY OF CAMILLA AND ON  can work toward leading full, productive lives; and  support prevention efforts.  BEHALF OF THE CITY COUNCIL, do hereby proclaim May 2024 as  MENTAL HEALTH AWARENESS MONTH  in Camilla, Georgia and call upon the citizens, government agencies, public and private institutions, businesses and schools to recommit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and IN WITNESS WHEREOF,Ihave hereunto set my hand and caused the Seal of the City of Camilla to be  accessible services for all people with mental health conditions.  affixed this 13thd day ofl May, 2024.  ATTEST: Dowl Cheryl Ford, Clerk  yo Kelvin M. Owens, Mayor  AUN EOKE  N    E OWARD  gProclamation IN HONOR OF CHARLES LEE KELLY  WHEREAS, The City of Camilla's workforce is a team of dedicated, hardworking, and talented employees who make significant contributions to the quality of life for the citizens of Camilla; WHEREAS, Charles Lee Kelly, best known to his colleagues as Mr. Charles, was employed WHEREAS, Mr. Kelly was promoted to Assistant Fire Chief on July 1, 1973 and on January 1, WHEREAS, in October of 1997 Mr. Kelly was named Administrator of the Planning and Zoning Department, providing the City of Camilla and its' residents valuable services by ensuring building codes were adhered to and the safety, health, welfare and quality of life was WHEREAS, During his long and distinguished career with the City of Camilla, Mr. Kelly received the 2005 Wylie Mitchell Award by the Georgia State Inspectors Association; the 2013 State of Georgia Building Official of the Year Award; in 2017 named recipient of the Hal Cooper Lifetime Achievement Award; and in 2023 recognized as a Lifetime Member of the WHEREAS, Mr. Kelly has earned the respect of the City of Camilla and its' citizens for his WHEREAS, Mr. Kelly's legacy of service was performed with integrity, professionalism, WHEREAS, On April 5, 2024 Mr. Kelly retired after a sixty-six year career with the City of NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and Council do hereby express to Charles Lee Kelly their congratulations and sincerest gratitude for his contributions and service, extend their best wishes to him in retirement, and proclaim May 17, 2024 as CHARLES  and  with the City of Camilla on February 28, 1958 as a: firefighter; and 1995 was promoted to Fire Chiefand Building Inspector; and  protected through application of code enforcement laws; and  Building Officials Association of Georgia; and commitment to building and life safety; and dedication, and compassion; and  Camilla.  KELLY DAY IN CAMILLA, GEORGIA.  This 13th day of May, 2024.  L Kelvin M. Owens, Mayor  CNowl m ATTEST: Çhery! Ford, Clerk    STATE OF GEORGIA CITY OF CAMILLA  ORDINANCE NO. 2024-05-13-1  AN ORDINANCE TO AMEND PART ONE ARTICLE II CGOVERNMENT AND STRUCTURE") SECTION 2.13 ("COMPENSATION AND EXPENSES") OF MAYORA AND COUNCIL MEMBERS OF THE CODE OF ORDINANCES OF THE CITY OF CAMILLA, GEORGIA; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION AND EFFECTIVE DATE;  AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.  WHEREAS, the duly elected governing authority of the City of Camilla, Georgia is the  Mayor and Council thereof; and  WHEREAS, the governing authority is authorized under the City Charter as codified in Section 2.13 of the Code of Ordinances and O.C.G.A. $ 36-35-4 to fix the salary, compensation, and expenses of the elective members of the municipal governing authority subject to certain  requirements; and  WHEREAS, in accordance with Section 2.13 ofthe City Charter and O.C.G.A. $ 36-35- 4, the governing authority desires to enact an ordinance revising certain provisions in Ordinance Section 2.13 and increasing the annual salary for the Mayor and Councilmembers to be effective  January 1, 2026; and  WHEAREAS, in accordance with Section 2.13 oft the City Charter and O.C.G.A. $36-35- 4, the governing authority desires to enact an ordinance establishing a monthly expense allotment for the Mayor and Councilmembers as well as provide for pension participation; and  WHEREAS, the salary increase provision will not take effect until January 1, 2026, which is the date after the next municipal election following the enactment oft this Ordinance; and    WHEREAS, public notice ofintent tot take action on the salary increase at the May 6, 2024 regular council meeting was advertised in the Mitchell County Enterprise-Journal newspaper on April 3, 2024; April 10, 204; and April 17,2024, as required pursuant to O.C.G.A. $36-35-4.  BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF Section 1. Section 2.13 ("Compensation and Expenses"): in Part IArticle) II ("Government Structure") of the Code of Ordinances, City of Camilla, Georgia, is hereby amended and revised  THE CITY OF CAMILLA, GEORGIA, and by the authority thereof:  to: read as follows:  "Sec. 2.13. - Compensation and expenses.  (a) The mayor and councilmembers shall receive compensation and expenses for  their services as provided by ordinance.  (b) Annual Salary.  i.  Effective January 1, 2026, the salary of Mayor except as otherwise provided by this Section, shall be ten thousand and two hundred dollars (810,200.00 per annum), payable in monthly equal Effective January 1, 2026, the salary of each council member, except as otherwise provided by this Section, shall be nine thousand dollars (89,000.00 per annum), payable monthly in equal  installments.  ii.  installments.  (c) Expense Allotment.  The Mayor and each member of the city council shall each receive a monthly expense allotment in the amount of two hundred dollars per month (8200.00 per month). Such expense allotment shall be in addition to salary compensation, per diem or travel expense and shall not be limited and/or governed by any salary conditions, modifications or limitations contemplated by any other subsection of  this section. d) Pension. Participation.  In addition to their salary, the Mayor and councilmembers shall be entitled to participate ini the retirement, pension, plan offered under Chapter 4, Article Cofthe Code ofOrdinances ofthe CilyofCamilla, Section. 2-4-41, et seq-, and/or any other applicable law. Said ordinance provision is hereby amended. to include Mayor and councimembers within the provisions thereofand as may be further reflected. in a plan amendment which the Mayor shall be authorized to execute. Said pension    participation shall be in addition to salary compensation and shall not be limited and/or governed by any salary conditions, modifications or limitations  contemplated by any other subsection ofthis section.'  Section 2. The preamble of this Ordinance shall be considered to be and is hereby  incorporated by reference as if fully set out herein.  Section3. All amendments to this Ordinance and provisions not expressly repealed shall  remain in effect.  Section 4. (a) It is hereby declared to be the intent of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council tol be fully valid, enforceable and constitutional. (b)Itis isl hereby declared tol be the intent ofthe Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase oft this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. Itis hereby further declared to be the intent of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.  (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unentorceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and    effect.  Section 5. Except as otherwise provided herein, the effective date oft this ordinance shall  be on the date and year approved.  Section 6. All ordinances and parts ofc ordinances in conflict herewith are hereby expressly  repealed to the extent of such conflict.  Section 7. The Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of Camilla. It is the intention of the governing body, and it is hereby ordained that the provisions oft this Ordinance shall become and be made part ofthe Code ofOrdinances, City of Camilla, Georgia, and the sections ofthis Ordinance may bei renumbered  to accomplish such intention.  Section 8. All budget amendments or revisions necessary to carry out the provisions of  this Ordinance are hereby approved.  Section 9. The City Clerk, with the concurrence of the City Attorney, is authorized to correct any scrivener's errors found in this Ordinance, including any exhibits, as enacted. SO ORDAINED AND EFFECTIVE, this B'aya of WMT  2024.  CITYOF ÇAMILLA,GEORGIA & Kelvin M. Owens, Mayor  ATTEST: Ool fir Cheryl Ford, CityClerk  First Reading: 05-06-2024 Second Reading: 05-13-2024  RXA r  SEAL GEORGIP  APPROVED AST TO FORM BY:  City Attorney    CITY OF CAMILLA ORDINANCE: NO. 2024-05-13-2  AN ORDINANCE OF THE CITY OF CAMILLA, GEORGIA GRANTING CERTAIN EXECUTIVE AND ADMINISTRATIVE POWERS' TOTHE MAYOR INT THE ABSENCE  OR UNAVAILABILITY OF THE CITY MANAGER  WHEREAS, Sec. 2.31 of the City Charter provides that the "city manager shall be the chief WHEREAS, Sec. 2.34 (6) of the City Charter provides that the Mayor "shall fulfill such other WHEREAS, Mayor and Council recognize that there may be certain instances requiringi immediate WHEREAS, the Mayor and Council deems it in the best interests of the citizens of Camilla to NOW THEREFORE, BE: IT ORDAINED by the City Council of the City of Camilla that the Mayor shall be authorized to fulfill executive and administrative duties requiring immediate action when BE IT FURTHER ORDAINED that upon exercising such authority, the Mayor shall notify the City Manager as soon as practical thereafter to allow the City Manager the ability to fulfill his prescribed BE IT FURTHER ORDAINED that all prior resolutions and ordinances in conflict with the  executive and administrative officer of" the City of Camilla; and  executive and administrative duties as the city council shall by ordinance establish"; and  action during a time in which the City Manager is unavailable; and  ensure thati ins such events, the needs oft the City are promptly and adequately addressed.  the City Manager is unavailable to address such matter.  duties upon his availability.  subject provisions and mandate be and are hereby repealed.  ITISSOORDAINED THIS 1374 day of May, 2024.  CITY OF CAMILLA, GEORGIA Bt Kelvin Owens, Mayor  ATTEST: AAcp-ud Cheryl Ford, CityClerk First Reading: May 6, 2024 Second Reading: May 13, 2024  OF EA SEAL [SEAL] EORGIA    &ASSOCIATES ENGINEERING,INC:  YORKI  April 30, 2024 Mr. Dennis Stroud City Manager City of Camilla P.O. Box 328 Camilla, Georgia  RE: Proposal for Project engineering and management  Road Surface Treatment Improvement Phase 2 project  Oakview Cemetery  Dear Mr. Stroud:  Thank you for this opportunity to provide the City of Camilla with a proposal for the additional access roads to be added to the Surface Treatment Project at the Oakview Cemetery located on MLK Jr. Road. Please refer to the attached drawing "Phase 2" for the additional access roads to Phase 2 has approximately 6700 linear feet of access roads, and Phase 1 has approximately 2,400 The existing access roads are unpaved and narrow. The City of Camilla would like to improve the cemetery roads as a service to the community and toj provide smoother access to various locations, including committal service shelters, burial, andj public areas within the cemetery. The accessroads During our field survey at the subject site and deed research on the property, it appears that numerous burial sites have encroached the road right-of-way, which will limit the width of the With our understanding of the above improvement project and your request for a proposal, York & Associates Engineering, Inc. is pleased to propose the following scope ofs services.  be added to the Road Surface Treatment Improvement Project. linear feet ofaccess roads. Please refer to the attached drawing.  would be treated with Surface Treatments.  proposed surfaced treated roads.  Scope of Services A.  Surveying, Engineering, and Construction Plans  1) Limited Boundary and Topographic surveying as needed to re-established the right-  of-way as shown in the original cemetery plat. 2) Determine the encroachments on the road Right-of-way.  308 E. Water Street, Bainbridge, GA 39817 tel:229.248.0141 www.yorlassodiatesnet    &ASSOCIATES ENGINEERING,INC.  YORKI  3) Drives Dand Jwilll be 121 feet wide, Drives G,E,F,G,H,andiwil be 101 feet wide, and Drive B will be limited to a 9-foot-wide access road. The varying road widths are dictated by the location ofe existing monuments and headstones. 4) Storm drainage culverts will not be a part of this project since existing nearby 5) Construction Plans, Technical specifications, quantity takeoff, and contract bidding  burials do not allow room for them.  documents.  B. Contract Administration, Bidding, and Construction Monitoring.  1) Administration oft the construction bid process, including advertisement and 2) Post-award services, Notice to Proceed, including reviewing shop drawing  bidding procedures, bid openings, and evaluations. submittal, warranties, insurance, and as-built drawings.  3)  Construction services including monitoring the construction, review of payment requests as Owner's representative, change orders, and coordination with the construction contractor. Periodic construction review (at least one visit per week during regular hours) with documentation and photographs to ensure proper 4) Construction close-out, final inspection, and coordination with the City as required.  execution oft the work.  C. Fees for Phase 2  Our fee for Part A services is $38,900.00 Our fee for Part B is $9,600.00 D. Specifically Excluded Services staking, and wetland delineation.  Specifically excluded from this scope of services is geotechnical investigation, construction We look forward to assisting the City of Camilla on the above-important improvement project. If this proposal is acceptable, please sign below and return a copy to us as our notice to proceed. Attachment A, our Standard Contract Conditions, and Attachment B, our Standard Hourly Rates,  are attached and made part ofthis contract.  308 E. Water. Street, Bainbridge, GA 39817 tel:229.248.0141 www.yoriassocates.net    & ASSOCIATES ENGINEERING,INC.  YORK  Ifyoul have any questions, please do not hesitate to contact us via telephone at 229-248-0141  or via email at york@yorkassociatesne.  Sincerely,  YORK & ASSOCIATES ENGINEERING,1 INC.  ThPK Theresa P. York, P.E. President attachments  ACCEPTED:  By: 1 City of Camilla  Printed Name: KELN) M. OWENS  Title: MAO Date: S-Is-a  amArg0.ACins Prop.CemeteryRDF Phase.2Revsed.dock  308 E. Water Street, Bainbridge, GA 39817 tel:229.248.0141 www.yorlassociatesnet    DRIMED  DAK EW SEMETERY  PROPOSED:SURFACE REAIMENT-PHASE;  DRIVEA  PHASET  PHASE  FENCEMINE (ORNAMENIAL  PILARS (STONE COLUMNS) WTH NEWFGATES(IPI  LOCATION MAP OAKVIEW CEMETERY  PREPARED FOR:  City of Camilla YORK & ASSOCIATES 308E. tel229.248.0141 Water, Street, Emoil: Bainbridge, intoyorkssociatesnet Ga 39817  PHASE 2 SURFACE TREATMENT  ENGINEERING, INC.    ATTACHMENT A  YORK & ASSOCIATES ENGINEERING, INC. STANDARD CONTRACT CONDITIONS  The client and York & Associates Engineering, Inc. (hereafter called consultant) agree that the following provisions shall be! part oft theira agreement: 1. Itis agreed that the Client and Consultant each binds itself and themselves, its ort their successors, administrators and assigns tot the other party to 3. In the event any provision of this agreement shall be held to bei invalid and unenforceable, the other provisions oft this agreement: shall be valid 4. This Agreement may be terminated in whole or part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault oft the terminating party; provided, that nos such termination may be effected unlesst thec other party is given (a) notl lesst than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) ofi intentt tot terminate, and (b) an opportunity for consultation with the terminating party prior to termination. Ifthe Client decides to terminate this Agreement, the Client shall 5. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement oft this Agreement, including but not limited to breach thereof, shall be referred to mediation undert thet then current Construction Industry Mediation Rules 6. The consulting services provided ont this project will be conducted in a manner consistent with that level ofc care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No additional warranties are provided either express or implied unless 7. The Client agrees to limit the Consultant's liability on the project, including its agents and employees, due to the Consultant's negligent acts, errors or omissions, such that the total aggregate liability of the Consultant shall not exceed $50,000 or the Consultant's total fee for services 8. The Client agrees to indemnify and hold harmless the Consultant, its principals, employees and agents against any claims arising out of the project based in whole ori inj part by the conduct or actions oft the Client, The Consultant agrees to indemnify and hold harmless the Client against 9. To the extentt thatt the proposed services oft the Consultant are for design which does not include construction phase services such as the review or site observation of the contractor's work or performance and the review of shop drawings, then the Client agrees to defend, indemnify and hold harmless the Consultant from any claim ors suit whatsoever, including but not limited to all payments, expenses or costs involved, arising from or alleged to have arisen from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract 10. Consultant shali not be liable for any and all damages or any and all costs due to its delays inj performance including, but not limited to, damages or costs resulting from both excusable and inexcusable delays by consultants, its agents, employees and independent contractors. Additionally, the consultant is not responsible for delay: nor shall be responsible for damages or be in default or deemed to bei in defaultb by reason of lockouts, accidents, or acts of God: or the failure of client to furnish timely information or to approve. or disapprove the consultant's work promptly; or delay or faulty performance by client, other contractors, or governmental agencies; or any other delays beyond consultant's control, 11. Consultant: shall not be liable for damages resulting from the actions ori inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedication, general plans and amendments thereto, zoning matters, annexations or consolidations, use or 12. Int the event that clienti institutes as suit against consuitant because ofa any failure or alleged failure to perform, error, omission, or negligence, and ifsuchs suit is not successfully prosecuted, ori ifit is dismissed, ori if verdict is rendered for consultant, client agrees to pay consultant any and all costs of defense, including attorney's fees, expert witnesses' fees, and court costs, and any all other expenses of defense which may be needful, 13. Should litigation be necessary to enforce any term or provision oft this agreement, or to collect any portion oft the amount payable under this agreement, then all litigation and collection expenses, witness fees and court costs, and attorney's fees shall bey paid to the prevailingi parly. 15. All original papers, documents, files, and copies thereof, produced as a result oft this contract, except documents which are required to be filed  this Agreement and toi its ort theirs successors, executors: and assigns in respect to all covenants ofthis Agreement. 2. Neither the client nor consultant shall assign! his interesti int this agreement without written consent oft the other.  and! binding on the parties hereto.  reimburse the Consultant for all equipment, devices, and material installed att the Consultants cost. ofthe American Arbitration Association prior to any recourse to arbitration oraj judicial forum.  agreed toi in writing.  rendered ont this project, whichever is less.  ther negligent acts ofthe Consultant tot the extent provided above.  documents.  conditional use permits, and building permits; and consultant: shall only act as advisor in all governmental relations. immediately following dismissal ofthe case ori immediately upon judgement being renderedi in behalf ofc consultant.  14. There arer no understandings or agreements except as herein expressly stated.  with publica agencies, shall remain the property oft the consultant and may! be used byo consultant without consent ofc client.  Page 1of2    16. The terms and provisions oft this agreement shall not be construed to alter, waive, or affect any! lien or stop notice rights, which the consultant 17. The consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only and the consultant shall not be responsible for fluctuations in cost 18. All fees and other charges willl bel billed monthly and shall be due att the time ofbilling unless otherwise specified in this agreement. 19. Payment is due upont the presentation ofinvoice andi is past due thirty (30) days from the invoice date. Client agrees to pay a finance charge of one and one-half percent (I %) per month, ort the maximum rate allowedb byl law, whichever is less, on past due accounts. 20. In the event thatt the plans, specifications, and/or field work covered by this agreement are those required by various governmental agencies, and in the event that due to change of policy of said agencies after the date of this agreement additional office or field work is required, the said 21. In the event that the utilities are incorrectly located or not located correctly by a utility owner and the design has to be modified due to the utility owner's negligence and additional worki isr required byt the consultant, the additional work shall be paid for by the client as extra work. 22. Int the event that any staking is destroyed by ana act ofGod or parties other than the consultant, the cost ofre-staking shall paid byo client as extra 23. The client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, total company charges, blueprints and reproductions, and all 24. Should the Consultant provide observations ori monitoring services at thej jobs site during construction, Client agrees that, in accordance with the generally accepted construction practice, the contractor will be solely and completely responsible for working conditions on the jobs site, including  may have for the performance ofs services undert this agreement,  factors.  additional works shall be paid for by the client as extra work.  work.  other charges nots specifically covered by the terms ofthis agreement.  safety ofa all persons and property during the performance ofthe work, and compliance with OSHA regulations.  25. Specifically excluded fromt the Consultant's responsibility aret the following:  Actual, alleged or threatened pollution damages; that being damages caused by the release of solids, liquids or gases which cause Damages arising from handling or disposal ofa asbestos, asbestos containing materials, orl hazardous waste ina any ofits various forms, as defined 26. Force Majeure Neither party will be liable to the other or be deemed to bei in breach oft this Agreement for any failure or delayi in rendering performance arising out of causes beyond its reasonable control. Such causes may include but are not limited to, acts of God ort the public enemy, terrorism, significant fires, floods, earthquakes, unusually severe weather, epidemics, strikes, or governmental authority approval delays or denials. Thej party whose performance is affected agrees tor notifyt the other promptly oft the existence and nature or any delay.  environmental damages or require cleanup. Fines or penalties. Consultant's advice on bonds ori insurance. byt the Environmental Protection. Agency.  Rev. 02/01/22  Page 2 of2    EXHIBITS TO AGREEMENT BETWEEN OWNER AND ENGINEER  FOR PROFESSIONALS SERVICES TABLE OF CONTENTS  EXHIBIT. A--ENGINEER'S: SERVICES EXHIBIT B--DELIVERABLES: SCHEDULE EXHIBIT C- (NOT USED) EXHIBIT D- (NOT USED) EXHIBIT E-(NOT USED) EXHIBIT F- (NOT USED) EXHIBIT G-INSURANCE EXHIBIT H- (NOT USED) EXHBITI-UMITATIONS OF LIABILITY  EXHIBIT. J--PAYMENTS TO ENGINEER FOR SERVICES ANDI REIMBURSABLE EXPENSES: INTRODUCTION COMPENSATION PACKET BC-3: BASIC SERVICES-PERCENTAGE OF CONSTRUCTION COST COMPENSATION PACKET AS-1: ADDITIONAL SERVICES-STANDARD HOURLYRATES  APPENDIX: 1: REIMBURSABLE EXPENSES: SCHEDULE APPENDIX 2: STANDARD HOURLYI RATES SCHEDULE  Exhibits toE EJCDC°E-500, Agreement! between Owner and Engineer for Professional Services. Copyrighto 2020 National Societyo ofP Professional! Engineers, American Councilc ofE Engineering Companies,  andA American Society of Civil Engineers. Allr rights reserved.  TOCF Pagelofi    EXHIBIT A-ENGINEERSSERVICES  Exhibit A Table of Contents  Article 1- BASIC SERVICES.  1.01 Management of Engineering Services 1.02 Study and Report Phase (C Conceptual Plan) 1.03 Preliminary Design Phase(Design Development).  1.04 Final Design Phase. 1.05 Bidding/Proposal Phase. 1.06 Construction Phase. 1.07 Post-Construction Phase. Article 2- ADDITIONALS SERVICES.  10 17 18 18 19  2.01 Additional Services Not Requiring Owner's' Written Authorization. 2.02 Additional Services Requiring Owner's Written Authorization.  Article 1 oft the Agreement, Services of Engineer, is supplemented to include the following provisions: Owner has furnished the following Project information to Engineer as of the Effective Date. Engineer's scope of services has been developed based on this information. As the Project moves forward, some of thei information may change or bei refined, and additional information willl become known, resulting int the  possible need to change, refine, or supplement the scope of services.  Project Title: Type and Size of Facility:  City of Camilla Gymnasium Multi-Use Gym; Approximately 100'X200' exterior wall and roof being metal panels. Conceptual Layout 02/16/2024 Municipal Bond  Description ofl Improvements: Prefabricated Metal Building with the bottom half of the exterior wall  being split-face concrete masonry units and the upper half of the  Expected Construction Start: April 2025 Prior Studies, Reports, Plans: Artist Rendering 01/09/2024  Facility Location(s): Current Project Budget: Funding Sources: Known Design Standards: Known Project Limitations: Project Assumptions:  Tax Parcel C0220-219-000; 167 Perry Street, Camilla, GA $5.0 Million ($4,500,000 (PEMB building) and $500,000 (parking lot))  City of Camilla and State of Georgia  The Owner will retain the services of a geotechnical engineer for a  report of the subsurface conditions oft the site.  Other Pertinent Information: The delivery method of the Project willl be a competitive bid.  Engineer shall provide Basic and Additional Services as seti forth below.  ExhibitA A-Engineer'sSerites. Page: 1of22  Exhibitst toE EJCDC°E E-500, Agreement between Owner and Engineer for Professional Services. Copyright": 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies,  andA American Society of Civil Engineers.. Allr rightsr reserved.    ARTICLE: 1-BASIC SERVICES  1.01 Management of Engineering Services  A. The Engineer shall retain the consulting services of: 1. Architect: B9 Architecture, Denver CO  2. Structural Engineer: Ista Engineers, Denver, CO (Subconsultant to B9 Architecture, 3. Mechanical, Electrical, Plumbing, Fire Protection, and Low Voltage Engineer: Andrews, B. All phases of Engineer's services will include management of Engineer's Project-specific responsibilities, including but not limited to the following management tasks, whether separately tracked and itemized or included as being incidental to other phase and scope 1. Develop and submit an Engineering Services Schedule. The Engineering Services a. bec consistent with and serve as a supplement to the Schedule of Deliverables set b. be updated on a regular basis, and as required to reflect any programmatic include, but not be limited to, an anticipated sequence of tasks; estimates of task duration; interrelationships among tasks; milestone meetings and submittals; anticipated schedule of construction; and other pertinent Project events.  Denver CO).  Hammock, & Powell, Inc., Macon, GA.  task items. Schedule will:  forth in Exhibit B. decisions by Owner.  2. Develop and submit detailed work plans from Exhibit A1 tasks.  3. Coordinate services within Engineer's internal team, and with Subconsultants and 4. Prepare for and participate in meetings with consultants and contractors working on other parts of the Project that may affect, or be affected by, Engineer's services or 5. Prepare and submit monthly engineering services progress reports to the Owner. Include summary of services performed in period, expected progress in next period, percent completion of current tasks, and a description of major issues or concerns. a. Maintaining communications records and files pertaining to or arising from b. With respect tol Engineersservices: and other directly relevant parts oft thel Project, prepare for and participate in periodic progress meetings with Owner to discuss progress, schedule, budget, issues, potential problems and their resolution;and  ingne/sSubcontraton. resulting construction.  Conduct ongoing management tasks, including:  Engineer'sservices;  1.02 Study and Report Phase (Conceptual Plan)  A. Engineer shall:  Exhibit A-E -Engineer's Services. Page 2of22  Exhibitst toE EJCDCPE-500, Agreement! between Owner andE Engineer forF ProfessionalServices. Copyrighto 2020 National Society ofF Professional Engineers, American Council of Engineering Companies,  andA American Societyo ofC CivilE Engineers. Allr rights reserved.    1. Consult with Owner to define and clarify Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. 2. Identify potential solution(s) to meet Owner's Project requirements, as needed. 3. Study and evaluate the potential solution(s) to meet Owner's Project requirements. 4. Visitt the Site, or potential Project sites, to review existing conditions andi facilities, unless such visits are not necessary or applicable to meeting the objectives oft the Study and 5. Assess initially available Project information and data, including the Baseline 6. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineeradditional: Project-related information and data, for Engineer's use int thes study and evaluation of potential solution(s) to Owner's Project requirements, and 7. After consultation with Owner, recommend the solution(s) which in Engineer's 8. Identify, consult with, and analyze requirements of authorities having jurisdiction to permit or approve construction or operation of the portions of the Project to be designed or specified by Engineer, including but not limited to impacts and mitigating measures identified in previously prepared environmental assessments for the Project provided to the Engineer or being concurrently prepared for Owner by others. 9. Advise the Owner of any need for Owner to provide data or services of the types described in Article 2 of the Agreement, for use in Project design, or in preparation for 10. Assist Owneri ini identifying opportunities fore enhancing the sustainability of the Project, and pursuant to Owner's instructions, plan for the inclusion of sustainable features in 11. Review with Owner the thresholds established in applicable codes, standards, and design criteria specifically governing the ability of the proposed facilities or improvements to perform, and to absorb or avoid damage without suffering complete or substantial failure. As part of the review, identify additional risk assessment studies ort tools that are available to evaluate thes susceptibility oft thet facilities ori improvements to natural and man-made events beyond the applicable established thresholds. Upon Owner request, as an additional service, perform additional risk assessment studies or tools to further evaluate system resiliency beyond the applicable established 12. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and Engineer's recommended  Report Phase.  Information set forth at the beginning of this Exhibit A.  preparation of a related report.  judgment meet Owner's requirements for the Project.  Contractor selection and construction.  the design.  thresholds.  solution(s).  ExhibitA A-E Engineer's! Services. Page 3of22  Exhibitst toE EJCDC*E-500, Agreement! between Owner and Engineer for Professional Services. Copyrighto 2020 National Society of Professional Engineers, American Council ofE Engineering' Companies,  and Americans Society of CivilE Engineers. Allr rights reserved.    a. Engineer will meet with Owner to discuss the draft Report and receive Owner's 13. Furnish the Report and any other Study and Report Phase deliverables to Owner pursuant to the requirements of the Deliverables Schedule in Exhibit B, and review the 14. Revise the Report and any other Study and Report Phase deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant to the B. Engineer's services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Ownert the final Report (as revised) and any other Study  comments.  deliverables with Owner. Deliverables Schedule. and Report Phase deliverables.  1.03 Preliminary Design Phase (Design Development)  A. Afteracceptance by Owner oft thel Report and any other Study and Report Phase deliverables (if Engineer's services under this Agreement included Study and Report Phase services); selection by Owner of a recommended solution; issuance by Owner of any instructions for use of Project Strategies, Technologies, and Techniques, or for inclusion of sustainable features in the design, or enhanced resiliency of the design; indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this Exhibit A, Engineer and Owner shall discuss, resolve, and document in writing any necessary revisions to Engineer's scope of services, compensation (through application of the provisions regarding Additional Services, or otherwise), and the time for completion of Engineer's services, resulting from the selected solution, related Project Strategies, Technologies, or Techniques, sustainable design and resiliency instructions, specific modifications to the Project, or changes, refinements, or supplementation of the Baseline Information. 1. Review and assess all available Project information and data, including any pertinent reports orstudies (whether prepared by Engineer orothers): and any relatedi instructions 2. Based on thet threshold review and assessment ofa available information and data, advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer anya additional information and data, for Engineer's use int the preparation ofa  3. Upon written authorization from Owner, Engineer shall:  from Owner.  Preliminary Design Phase Report. 3. Prepare al Preliminary Design Phase.  4. The Preliminary Design Phase will consist of final design criteria, preliminary drawings, ap preliminary list ofexpecteds specifications, and written descriptions of thel Project. The Preliminary Design Phase will consider thei following matters tot the extent applicable to the Project and as necessary to establish the basis of design for proceeding to final a. The Project concept, intent, performance criteria, desired outcomes, Owner's standards and Owner directed improvements and facility elements as established  design and construction:  ExhibitA A- Engineer's Services. Page 4of22  Exhibitst to EJCDCPE-500, Agreement between Owner and Engineer for Professional Services. Copyrighto 2020 National Societyo of Professionall Engineers, American Councilo ofE Engineering Companies,  and American Society of Civil Engineers. Allr rightsr reserved.    ini the Studya and! Report Phase and as expressly setf forthi int the Baseline Information section of this Exhibit A (collectively the "Project Goals"). b. Recommended appropriate design criteriai fore each primary portion and significant discipline oft the design necessary to address the Project Goals. The time schedule for completion of the Project in accordance with Project Goals, including any recommended changes to the time required to complete the Final Design Phase (as set forth in Exhibit B, Deliverables Schedule) and estimated d. Identification of major items of materials and equipment, rationale for selection with consideration of quality, suitability, pricing, sourcing, regulatory, and bidding  schedule(s) for construction.  issues affecting recommended selection. e. Revised opinions of probable Construction Cost.  f. The impact of Project Strategies, Technologies, and Techniques, sustainable features, and enhanced resiliency selected by Owner for inclusion int the Project on the Project Goals, schedule and probable Construction Cost, including impact of multiple prime construction contracts, separate procurement of materials or equipment, and other alternate project delivery methods when the Project Goals Construction Phase quality assurance and quality control needs affecting development of Drawings and Specifications and other Final Design and Bidding h. The effect of permits and authorizations by other entities and utility coordination Other matters andi information pertinent to addressing the Project Goals. 5. Inp preparing the Preliminary Design Phase, use anys specific applicable Project Strategies, Technologies, and Techniques authorized by Owner during or following the Study and Report Phase, andi include sustainable features and enhanced resiliency, as appropriate,  necessitate and Owner authorizes;  Phase documents. needs on the Project.  pursuant to Owner's instructions.  6. Visit the Site as needed to prepare the Preliminary Design Phase.  7. Ifat any point in the Preliminary Design Phase it becomes apparent to Engineer that additional reports, data, information, or services of the types described in Article 2are necessary, then so advise Owner, and assist Owner in obtaining such reports, data, 8. Prepare initial draftofac comprehensive permit document thati identifies Owner'spermit duties, Engineer's permit duties, and Contractor's permit duties, and the schedule for 9. Continue to assist Owner with Project Strategies, Technologies, and Techniques that 10. Obtain Owner's instructions regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and  information, or services. permitting activities.  Owner has chosen to implement in Exhibit AI Paragraph 1.03.A.  Exhibit A- Enginee'sServices. Page! 5of22  Exhibits toE EJCDCPE-500, Agreement between Owner and Engineer for Professional: Services. Copyrighto 2020 National Societyo of Professional Engineers, American Councilc ofE Engineering Companies,  and American Societyo ofc Civill Engineers. Allr rights reserved.    requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's Bidding/Proposal Documents and Front-End Construction Contract Documents. a. Also obtain copies of Owner's standard Bidding/Proposal Documents and Front- End Construction Contract Documents (if other than the EJCDC 2018 Construction Series documents), and any other related documents or content for Engineer to include in drafts ofthel Project-specific Bidding/Proposal Documents and Front-End b. Review Owner's instructions regarding procurement, bidding and contracting of construction services with respect to effects on the Project design, schedule and construction and address as needed in the Preliminary Design Phase deliverables. 11. Prepare thel Preliminary Design Phase Report. This Report will consist of, as appropriate, separate or combined submittals in whole or summary, the Preliminary Design Phase documents listed in ExhibitA Paragraph 1.03.B.4, and Engineer's findings and recommendations for advancing the Project to the Final Design Phase (including Engineer's findings and recommendations, if any, regarding permitting, utilities, and Underground Facilities). The submittal will be in the format of a report, or otherwise a. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and on the basis of information furnished by Owner, assist Owner in tabulating the various cost b. Engineer will meet with Owner to discuss the draft Preliminary Design Phase 12. Furnish the Preliminary Design Phase Report, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner pursuant to the requirements ofthe Deliverables Schedule in Exhibit B, and reviewt the deliverableswith 13. Revise the Report and any other deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule. Engineer's services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Preliminary Design Phase Report (as revised) and associated documents, revised opinion of probable Construction Cost, and any  Construction Contract Documents, when applicable.  organized and assembled for ease and practicality of use.  categories which comprise Total Project Costs. submittal and receive Owner's comments.  Owner.  other Preliminary Design Phase deliverables.  1.04 Final Design Phase  A. Afteracceptance by Ownero oft the Preliminary! Design! Phase Report and any other Preliminary Design Phase deliverables; issuance by Owner of any instructions for specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this Exhibit A, Engineer and Owner shall discuss, resolve, and document any necessary revisions to Engineer's scope of services, Exhibits toE EJCDC*E-500, Agreement! between Owner and Engineert for Professional: Services. Copyrighto 2020 National Society ofF Professional Engineers, American Councilc ofE Engineering Companies,  Exhibit A- Engineer'sServices. Page 6of22  andA American Societyo of Civil Engineers. Allr rightsr reserved.    compensation (through application of the provisions regarding Additional Services, or otherwise), and the time for completion of Engineer's services, resulting from specific modifications to the Project, or changes, refinements, or supplementation of the Baseline 1. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is [1). Ifmore prime contracts are awarded, Engineer shall be entitled to an equitable increase in its B. Upon written authorization from Owner, Engineer shall prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor, in accordancev with the Preliminary Design Phase Report (as revised) and other Preliminary Design Phase deliverables. As part of the preparation of the Drawings and Specifications, Engineer shall prepare interim drafts and final Drawings and Specifications as follows, pursuant tot the Deliverables Schedule in Exhibit B: 1. First Final Design Phase draft of all Drawings and Specifications. 2. Second Final Design Phase draft of all Drawings and Specifications, addressing Owner comments and including appropriate design advancement. 3. Final Drawings and Specifications that address Owner comments; complete the design; are suitable for estimating and pricing by prospective Contractors; and are complete . Inp preparing the Specifications (and any bidding, contract, or other documents that are part of Engineer's scope of services), Engineer shall obtain from Owner or Owner's legal counsel any relevant constraints such as requirements for use of domestic steel and iron, other domestic purchasing requirements, statutory restrictions on utilizing proprietary specifying methods, and the like, and comply with or account for such constraints in drafting Specifications, Bidding/Proposal Documents, and other Project documents. D. Engineer shall prepare or assemble draft Bidding/Proposal Documents and Front-End 1. Such documents will be based on the Engineer's Construction Documents, and on the specific bidding or Contractor selection-related instructions and forms, contract forms, 2. Engineer will furnish to Owner, for review by Owner's legal counsel, the draft Bidding/Proposal Documents and Front-End Construction Contract Documents. Owner and Owner's legal counsel must transmit to Engineer, in a timely manner, one coordinated set of comments and revisions toi the draft documents. . Engineer shall perform or furnish thet following other Final Design Phase: services:- 1. Visit the Site as needed to assist in preparing the final Drawings and Specifications. 2. Assist with or prepare applications for permits and approvals, as follows: a. Update comprehensive permit document created in Preliminary Design Phase for  Information.  compensation under this Agreement.  and ready for construction.  Construction Contract Documents as follows:  text, or other content received from Owner.  Final Design detail.  ExhibitA A- Engineer's! Services. Page 7of22  Exhibits to EJCDCPE-500, Agreement between Ownera and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professionall Engineers, American Council ofE Engineering Companies,  andA American! Society ofc CivilE Engineers. Allr rightsr reserved.    b. Prepare the following applications for Owner's submittal to authorities having jurisdiction over the construction or operation oft the Project:  1) State Fire Marshall's approval. 2) NPDES Permit having jurisdiction.  Confer with Owner regarding revisions, if any, to the application(s), and make appropriate revisions tot the applicationt)forOwnersresubmitalto: the authority d. Providei technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of the authorities having jurisdiction listed above, including applications for review or approval of the final . Identify and indicate in the Construction Contract Documents the permits and approvals forwhich Contractor willl be responsible, including work permits, building permits, and other permits and approvals that will be Contractor's responsibility; and, in addition, indicate those permits initially obtained by Owner for which Contractor willl be a co-permittee, together with associated requirements. Unless expressly indicated otherwise, Engineer's scope and budget includes attending one meeting or conference call with each permit and approval-issuing agency to discuss the Project and receive the agency's comments on the g. Engineer does not guarantee issuance of any required permit or approval. h. Fees charged by authorities having. jurisdiction for such permits or approvals are 3. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. Furnish to Owner an updated opinion of probable Construction Cost with the interim and final deliverables of the Drawings and Specifications. 4. After consultation with Owner, include in the Front-End Construction Contract Documents any Electronic Document Protocol addressing specific protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or 5. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which 6. Review the preliminary schedule for the Construction Phase and advise Owner when initalunderstanding oft the Construction Contract Times must or should be revised, and furnish Owner with recommendations on revisions to the proposed Construction 7. Engineer's project manager and other appropriate. staff will participate in the following  design.  application.  the responsibility of Owner.  through access to as secure Project website.  bidders or other prospective contractors may rely.  Contract Times.  meetings and conference calls:  ExhibitA A-E Engineer'ss Services. Page 8of22  Exhibitst toE EJCDC*E-500, Agreement between Owner and Engineerf for Professional: Services. Copyrighto 2020 National Society of Professional Engineers, American Councilo ofE Engineering Companies,  andA American! Societyo of Civil Engineers. Allr rights reserved.    a. First draft design review meeting at Owner's office. b. Second draft design review meeting at Owner's office.  C. Engineer will prepare and distribute minutes ofe each such meeting and conference call, indicating attendees, topics discussed, decisions made, and action items for  follow-up.  F. Engineer shall complete the Final Design Phase as follows:  1. Pursuant to the requirements of the Deliverables Schedule in Exhibit B, furnish for review by Owner, its legal counsel, and other advisors, the final Drawings and Specifications (as set forth in Exhibit A Paragraph 1.04.B.3 above); assembled drafts of other Construction Contract Documents including the draft Front-End Construction Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable Construction Cost; and any other Final Design Phase deliverables, and 2. Revise the final Design Phase deliverables in response to Owner's comments, as appropriate, and submit revised deliverables pursuant tot the Deliverables Schedule. 3. Engineer's services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications; assembled drafts of the Front-End Construction Contract Documents; the draft oagropoaDoument, and any other Final Design Phase deliverables, as revised.  review the deliverables with Owner.  1.05 Bidding/Proposal Phase  A. After acceptance by Owner of the final Drawings and Specifications; assembled drafts of other Construction Contract Documents, including the draft Front-End Construction Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and any other Final Design Phase deliverables, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work; assist Owner in issuing assembled Bidding/Proposal Documents and proposed Construction Contract Documents to prospective contractors; if applicable, maintain a record of prospective contractors to which documents have been issued; attend pre-bid conferences, if any; and receive and process contractor deposits or charges, ifa any, for a. Georgia Procurement website, City of Camilla's website, and constructconnect.com or other commercial plan room that Owner will use for 2. Prepare and issue addenda as appropriate to clarify, correct, or change the issued 3. Ifthe issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding- related documents (or requests for proposals or other construction procurement  thei issued documents.  distributing Bidding Documents.  documents.  ExhibitA A-E Engineer's Services. Page 9of22  Exhibits to EJCDCOE-500, Agreement between Owner andE Engineer for Professional Services. Copyrighto 2020 Nationals Societyo ofProfessional Engineers, American Council ofE Engineering Companies,  andA American Society of Civil Engineers. Allr rights reserved.    documents) prior to award of contracts for the Work. Services under this paragraphare 4. Attend the bid opening; prepare bid tabulation sheets; and assist Owner in evaluating bids or proposals, assembling final Construction Contracts for the Work for execution by Owner and Contractor, and in preparing notices of award to be issued by Ownert for 5. Provide information or assistance needed by Owner int the course of any review of bids, proposals, or negotiations with prospective contractors. 6. Consult with Owner ast to the qualifications ofp prospective contractors. 7. Consult with Owner as to the qualifications of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions oft the Work as to which review of qualifications is required byt the issued documents. 8. IfOwner engages in negotiations with bidders or proposers, assist Owner with respect totechnical: and engineering issues that arise during the negotiations. 9. Perform or provide the following other Bidding/Proposal Phase tasks or deliverables: 10. The Bidding/Proposal Phase will be considered complete upon award of Construction Contracts for the Work and commencement of the Construction Phase, or upon  subject to the provisions of Exhibit A Paragraph 2.01.A.2.  such contracts.  a. Provide Bidding Phase deliverables to Owner. cessation of negotiations with prospective contractors.  1.06 Construction Phase  A. After completion of the Final Design Phase and concurrent with the Bidding/Proposal Phase, and after issuance by Owner of any instructions for specific modifications or changes ini the scope, extent, character, design, schedule, number of prime construction contracts, and other construction requirements of the Project during the Construction Phase desired by Owner,t the Engineer and Ownershall discuss, resolve, and document any necessary revisions to Engineer's scope of services or compensation (through application of the provisions regarding Additional Services, or otherwise), or the time for completion of Engineer's 1. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A Paragraph: 1.06, as duly modified. With the exception of such expressly required: services, Engineer shall have no design, Submittal (including Shop! Drawing) review, or other obligations during construction, and Owner assumes all responsibility for providing or arranging for all other necessary Construction Phase 2. Owner waives all claims against Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants, and Engineer's Subcontractors, that may be connected in any way to Construction Phase administrative, engineering, or professional services except for those services that are expressly required of Engineer inE Exhibit A. Notwithstanding thet foregoing waiver, Engineer shall be responsible forany professional opinions and interpretations provided by Engineer to Owner during the  services, resulting from specific modifications to the Project.  administrative, engineering, and prolessionalservices.  ExhibitA A-E Engineer's Services. Page 10of22  Exhibitst toE EJCDC E-500, Agreement! between Owner and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering' Companies,  andA American! Society of Civill Engineers. All rightsr reserved.    Construction Phase or Post-Construction Phase, including interpretations or  clarifications of the Construction Contract Documents. from Owner, Engineer shall provide thet following services:  B. Upon successful completion of the Bidding/Proposal Phase, and upon written authorization 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in this Agreement and the Construction Contract. Unless otherwise set forth in the scope of Basic Services (as duly modified), the extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDCO C-700, Standard General Conditions of the Construction Contract (2018) or other construction general conditions specified in this Agreement. Except as otherwise provided in the Construction Contract, Owner's communications to a. Ift the responsibilities of Engineer as set forth in the Construction Contract are greater than those Construction Phase services expressly required of Engineer in Exhibit A Paragraph 1.06, as duly modified, then Owner shall either (1) expand the scope of the Construction Phase services to match those of the Construction Contract, and compensate Engineer for any relatedi increases in the cost to provide Construction Phase services, pursuant to the provisions for compensating Additional Services, or (2) identify a qualified individual or entity (other than Engineer) responsible for the additional responsibilities in the Construction b. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, or if Owner requires Engineer's services for construction that extends longer than the anticipated Construction Contract Times, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services, pursuant to Engineer shallr not ber required tot furnish or perform services contrary to Engineer's  Contractorwill bei issued through Engineer.  Contract.  the provisions for compensating Additional Services. responsibilities as al licensed professional.  2. Field Office: [Deleted]  3. Resident Project Representative (RPR): [Deleted]  4. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform required testing services. 5. Pre-construction Conference: Participate in a pre-construction conference prior to commencement of Work at the Site; prepare and distribute agenda for the conference and prepare and distribute minutes of such conference. 6. Electronic Transmittal Protocols: If the Construction Contract does not establish protocols for transmittal of Electronic Documents by Electronic Means, then Owner, 7. Original Documents:! Ifrequested by Ownert to dos sO, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Exhibitst to EJCDC*E-500, Agreement between Owner andE Engineerf for Professional Services. Copyrighto 2020 Nationals Society of Professional Engineers, American Councild of Engineering Companies,  Engineer, and Contractor shallj jointly develop such protocols.  Exhibit A- Engineer's Services. Page 11of22  and American! Society of Civil Engineers. Allr rights reserved.    Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for 8. Schedules: Receive, review, and, and, subject to the criteria of the Construction Contract, determine the acceptability of any and all schedules that Contractor is required to submit tol Engineer, including the progress schedule, schedule ofs submittals, and schedule of values. Advise Contractor in writing of Engineer's comments or a. Schedules willl be acceptable to Engineer as to form and substance:  review.  acceptance of schedules.  1) Progress Schedule: if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from 2) Contractor's Schedule of Submittals: ifitp PoNdSaMONaeamaceeNs for 3) Contractor's Schedule of Values: if it provides a reasonable allocation of the 9. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to 10. Permits: Provide Owner with copies of technical information and supporting data previously obtained or developed by Engineer for Owner'suse, orf for Owner to provide to Contractor, in obtaining required permits and licenses delegated to Contractor by 11. Visits to Site and Observation of Construction: In connection with observations of a. Make weekly visits to the Site at intervals appropriate to the various stages of the Work, as Engineer deems necessary, to observe as an experienced and qualified design professional, the progress of Contractor's executed Work. Such visits and observations by Engineer, including its RPR, if any, are not intended to be exhaustive or to extend to every aspect of the Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Construction 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 byi its RPR, if any. Based on information obtained duringsuch visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. Engineer will  Contractor's full responsibility therefor. reviewing and processing the required Submittals. Contract Price to the component parts of the Work.  proceed.  Owner.  Contractor's Work while iti is in progress:  ExhibitA A-E Engineer'sServices. Page: 12of22  Exhibits to EJCDCE-500, Agreement between Ownera and Engineert for Professional Services. Copyright" 20201 National Society ofP Professional Engineers, American Council ofE Engineering Companies,  andA American Society of CivilE Engineers. Allr rights reserved.    make a report of Engineer'svisit,S summarizing enersmrlcerasend b. The purpose of Engineer's visits to the Site, and representation by the Resident Project Representative, ifa any, at the Site, willl be to enable Engineer tol bettero carry out the duties and responsibilities assigned to by this Agreement 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 Owneragreater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained thei integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer will not, during such visits or asar result of such observations of the Work, supervise, direct, or have control over the Work, nor will Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor's work in progress, for the coordination of the Constructors' work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish or perform the Work, or any portion oft the Work, in accordance with the Construction Contract Documents. 12. Defective Work: If, on the basis of Engineer's observations or as indicated in documentation available to Engineer, Engineer believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, Engineer will promptly issue written notice to Contractor (with copy to Owner) of such defective Work. Such notice will communicate the scope, extent (to Engineer's understanding) of defect, and associated provisions of the Construction a. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting the defective Worki ina accordance witht the provisions oft the Construction Contract Documents. Engineer shall give notice to Contractor regarding whether the defective Work: should be repaired, replaced, or will be accepted by Owner. b. However, Engineer's authority to provide this information to Owner or Engineer's decision to exercise or not exercise such authority will not give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to 13. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design  any significant findings.  Contract Documents.  the Work.  Exhibit A-E Engineer's Services. Page 13of22  Exhibits toE EJCDC E-500, Agreement! between Owner and Engineert for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Councilo ofE Engineering Companies,  andA American! Society ofC Civil Engineers. All rights reserved.    concept of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 14. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referredto: as requests fori information ori interpretation-RHS), orrelating to the acceptabilityofthel Workunder the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction 15. Non-reviewable Matters: If a submitted matter in question concerns the Engineer's performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (a) the performance or acceptability of the Work under the Construction Contract Documents, (b) the design (as set forth in the Drawings, Specifications, or otherwise), or (c) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer 16. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 17. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work a. Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve iti in whole, or denyi it in part and approve it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth int the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. b. Provide information or data to Owner regarding engineering or technical matters 19. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to Underground Facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews and prepare findings, conclusions, and recommendations for Owner's use subject to limitations of Engineer's 20. Contractor's Submittals: Review and approve or take other appropriate action with respect to required Contractor Submittals, but only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Construction Contract Documents, and for compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews and approvals or other action will not Exhibits toE EJCDC°E E-500, Agreement between Owner andE Engineer for Professional Services. Copyrighto 2020N National Society ofP Professional Engineers, American Council of Engineering Companies,  Contract Documents.  will not provide a decision or interpretation.  Change Directives as required. 18. Change Proposals and Claims  pertaining to Claims.  obligations under this Agreement.  ExhibitA A-E Engineer's! Services. Page 14of22  andA American Society of Civil Engineers. Allr rights reserved.    extend to means, methods, techniques, sequences, or procedures of construction orto safety precautions and programs incident thereto. Engineer shall meet any Contractor's 21. Substitutes and "Or-equals": Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor, but subject to the a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer's review of such certificates will be for the purpose of determining whether the results certified indicate compliance with the Construction 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 Construction Contract Documents. Engineer shall be entitled to rely on the results of such b. Reply to Contractor requests for written conçurrence that specific portions oft the Work that are to be inspected, tested, or approved may be covered. Issue written requests to Contractor that specific portions of the Work remain d. As deemed reasonably necessary, request that Contractor uncover Work that ist to e. Pursuant tot thet terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or 23. Contractor's Applications for Payment: Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set offs) based on the provisions for set offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, within the limits of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appearto! have been fulfilled ins sot farasi itis Engineersresponsility to observe the Work. In the case of unit price Work, Engineer's recommendations of payment willi include final determinations of quantities and classifications oft the Work (subject to any subsequent adjustments allowed by the Construction  Submittal schedule that Engineer has accepted. provisions of Exhibit A Paragraph 2.01.A.2.  22. Inspections and Tests  inspections and tests.  uncovered.  bei inspected, tested, or approved.  completed.  Payment and accompanying supporting documentation:  Contract Documents).  Exhibit A-Engineer'ss Services. Page 15of22  Exhibitst toE EJCDCE E-500,A Agreement between Owner and Engineer for Professional: Services. Copyrighto 2020 National Society ofP Professional Engineers, American Council ofE Engineering Companies,  and/ American Society of CivilE Engineers.A Allr rightsr reserved.    b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineeri int this Agreement. Neither Engineer'sreviewo ofC Contractor'sWork fort 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 the 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 and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including 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. 24. Contractor's Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates ofi inspection, tests and approvals, and Shopl Drawings, Samples, and other data approved as provided under Exhibit AP Paragraph 1.06.B.20. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer's review of record documents will be to check that Contractor has submitted a complete set of those 25. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, visit the Site in company with Owner and Contractor to review the Work and determine the status of completion. Follow the procedures int the Construction Contract regarding the prelminalycertificate of Substantial Completion, punch list of items to be completed, Owner's objections, noticeto Contractor, andi issuance ofaf final certificate of Substantial Completion. Assist Owner regarding any remaining engineering ort technical matters affecting Owner'suse 26. Other Tasks: Provide thet following other Construction Phase Tasks or deliverables: a. Provide Construction Phase deliverables to Owner prior to the commencement 27. Completion and Acceptability oft the Work: After notice from Contractor that the Work a. visit the Site with Owner and Contractor to determine if the Work is in fact  documents that Contractor is required to submit.  oroccupancy of the Work following Substantial Completion.  of the Construction Contract Times.  is complete:  complete and acceptable;  Exhibit A--Engineer's: Services. Page 16of22  Exhibits toE EJCDC E-500, Agreement! between Owner and Engineer for Professional: Services. Copyrighto 2020 National Society off Professional Engineers, American Council ofE Engineering Companies,  andA American! Society of Civil Engineers. All rights reserved.    b. notify Contractor of any part of the Work that is found during the visit to be incomplete or defective, and subsequently confirm that Contractor has corrected follow the procedures ini the Construction Contract regarding review and response to Contractor's application for final payment and accompanying documentation; d. ifEngineer is satisfied that the Worki is complete and acceptable, provide a notice to Owner and Contractor using EJCDCO C-626, Notice of Acceptability of Work (attached as Exhibit E), stating that the Work is acceptable (subject to the provisions of the Notice and this Exhibit A) within the limits of Engineer's knowledge, information, and belief, and based on the extent of the services 28. Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions andj judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted Duration of Construction Phase: The Construction Phase will commence with the execution ofthe first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer fort final payment to Contractor. Ift the Project involves more than one prime contract as indicated in Exhibit A Paragraph 1.04.A.1, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forthi ini the Construction Contract. A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such 2. Together with Owner, visit the Project within one month before the end of the Construction Contract's correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified ini this Exhibit A, will terminate 12 months after the commencement  any such deficiencies;  and  provided by Engineer under this Agreement.  orr rendered in good faith.  1.07 Post-Construction Phase  defective Work and any needed repairs.  subject to correction by Contractor.  of the Construction Contract's correction period.  ExhibitA A-E Engineer'ss Services. Page 17of22  Exhibitst toE EJCDC"E-500, Agreement! between Owner and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers,A American Councilc ofE Engineering Companies,  andA American Societyo ofc Civil Engineers. Allr rightsr reserved.    ARTICLE2-ADDITIONALSERVICES  2.01 Additional Services Not Requiring Owner's Written. Authorization  A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional: Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. These services are not included as part of Basic Services and willl be paid for by 1. Substantive design and other technical services in connection with Work Change Directives, Change Proposals, and Change Orders to reflect changes requested by 2. Services essential to the orderly progress of the Bidding/Proposal and Construction Phases and not wholly quantifiable prior to those Phases or otherwise dependent on the actions of prospective individual bidders or contractors and including: a. making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or equal" items; b. services aftert the award oft the Construction Contract ine evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be evaluation and determination of an excessive number of proposed' "or equals" or substitutions, whether proposed before or after award of the Construction d. providing to the Contractor or Owner additional or new information not previously prepared or developed by the Engineer for their use in applying for or obtaining required permits and licenses, in responding to agency comments on such applications, ori in the administration of any such permits or licenses. 3. Services resulting from significant delays, changes, or price increases occurring as a direct ori indirect result of materials, equipment, ore energy shortages. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or actsofGodendangering: the Work, (c) damage tot the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, 5. Implement coordination of Engineer's services with other parts of the Project that are not planned or designed by Engineer or its Subconsultants, unless Owner furnished to Engineer substantive information about such other parts of the Project prior to the parties' entry into this Agreement, ini the Baseline Information: section of this Exhibit A, or otherwise in Exhibit A; if such substantive information has been sO provided,  Owner as indicated in ExhibitJ.  Owner.  inappropriate for the Project;  Contract; and  or( (f) default by Contractor.  coordination of Engineer'sservices willl be part of Basic Services. Exhibits toE EJCDCE-500, Agreement! between Owner andE Engineerf for Professional Services. Copyright° 2020 Nationals Society ofF Professional Engineers, American Council ofE Engineering Companies,  Exhibit A-E Engineer's Services. Page 18of22  and American Society of Civil Engineers. Allr rights reserved.    6. Implement the specific parts of an Underground Facilities Procedure that are assigned to Engineer, or above-ground utilities tasks that are assigned to Engineer as the Project progresses (but not including the design-related services already assigned to Engineer 7. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 8. Evaluating unreasonable or frivolous requests fori interpretation or information (RFls), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 9. Reviewing a Shop Drawing or other Contractor submittal more than three times, asa result of repeated inadequate submissions by Contractor. 10. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor'ssafety program provided to Engineer subsequent tot thel Effective Datet that exceed those normally required of engineering personnel by federal, State, or local 11. To the extent the Project is subject to Laws and Regulations governing public or government records disclosure or non-disclosure, Engineer will comply with provisions applicable to Engineer, and Owner will compensate Engineer as Additional Services for Engineer's costs to comply with any disclosure or non-disclosure obligations beyond 12. Services directly attributable to changes in Engineer's Electronic Documents obligations  as al Basic Service).  safetya authorities for similar construction sites.  those identified in the Basic Services. after the effective date of the Agreement.  2.02 Additional Services Requiring Owner's' Written Authorization  A. Ifauthorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. These services are noti included as part of Basic Services and will be paid for by 1. Obtain or provide specified additional Project-related information and data to enable 2. Preparation of special and customized reporting, invoicing, and related support documentation in addition toi that identified to be provided under Basic Services. 3. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on1 the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated 4. Services to make measured drawings of existing conditions or facilities, to conduct tests ori investigations of existing conditions ort facilities, or to verify the accuracy of drawings  Owner asi indicated in Exhibit J.  Engineer to complete its Basic and Additional Services.  environmental impact oft the Project.  orotheri information furnished by Owner or others.  Exhibit A-Engineer'ss Services. Page 19of22  Exhibits toE EJCDC°E E-500, Agreement! between Owner and Engineer for Professional Services. Copyrighto 2020N National Society ofp Professional Engineers, American Council ofE Engineering Companies,  andA Americans Society of CivilE Engineers. Allrightsr reserved.    5. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project's 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 Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond 6. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Exhibit A Paragraph 1.02.A.1. 7. Services required as a result of Owner's providing incomplete or incorrect Project 8. Providing renderings or models for Owner's use, including development, management, and other services in support of building information modeling or civil integrated  Engineer's control.  information to Engineer. management.  9. Undertaking investigations and studies including, but not limited to:  a. All-hazards risk assessments and other studies to evaluate the feasibility of b. detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering andt technicala aspects of the Project, and do noti include rendering advice regarding municipal financial products or the issuance of municpalsecurties; e. with respect to proprietary systems or processes requiring licensing, providing services necessary to assist Owner in obtaining such licensing. detailed quantity surveys of materials, equipment, and labor;and audits or inventories required in connection with construction performed or 10. Furnishing services of Subconsultants or Engineer's Subcontractors for other than Basic 11. Providing data or services of the types described in Article 2, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. a. Services attributable to more prime construction contracts than specified in b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner's  enhancing the resiliency of the design;  d. preparation of appraisals;  furnished by Owner.  Services.  12. Providing the following services:  Exhibit Al Paragraph 1.04.A.1. contract for such services.  ExhibitA A-E Enginee'sServices. Page 20of22  Exhibitst toE EJCDCPE-500, Agreement between Ownera and Engineer for Professional Services. Copyrighto 2020 Nationals Societyo ofProfessional Engineers, American Council ofE Engineering Companies,  and American Society of CivilE Engineers. Allrights reserved.    13. Services during out-of-town travel required of Engineer, other than for visits toi the Site or Owner's office as required in Basic Services (Article 1 of Exhibit A). 14. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, constructionn 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 other documents as a result of such review 15. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents); preparing pre-qualification procedures and documents, and participating in pre-qualifying prospective Bidders; and preparing 16. Assistance in connection with bid protests, rebidding, or renegotiating contracts for 17. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all addenda and any amendments negotiated by Owner and Contractor. 18. Services to assist Owner in developing or modifying protocols for transmittal of Electronic Documents by Electronic Means after the effective date of this Agreement, either by revising or adapting Exhibit Ft to the Project or implementing other Electronic 19. Any services by Engineer in connection with Owner or Engineer providing al Document toal Requesting Party under ExhibitF Paragraph 1.01.D (see Exhibit F, Electronic Documents Protocol), or any other distribution of a Document to a third party. Such services may include but are not limited to preparing the data contained in the requested Document in a manner deemed appropriate by Engineer; creating or otherwise preparing and distributing the Document in at format necessary to respond to Owner's direction or decision to provide the Document to a requesting party, including Contractor, in a format other than that required for deliverables from Engineer to Owner; and services in connection with obtaining required releases from the third parties to which the Documents will be distributed. Compensation for these Additional Services is not contingent upon Ownersrembursement from the requesting party. 20. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely 21. Preparing Record Drawings, and furnishing such Record Drawings to Owner. 22. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility 23. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtainedi from Contractor, Owner, utility companies, andother  processes.  Construction Contract Documents for alternate bids. construction, materials, equipment, or services.  Documents protocols among Project participants.  shifting performance of such services to al later date.  companies, and other reliable sources.  sources; revise and: supplement Record Drawings as needed. Exhibitst to EJCDC°E-500, Agreement! between Owner andE Engineer for Professional Services. Copyright" 2020 National Society ofP Professional Engineers, American Council ofE Engineering Companies,  Exhibit A-E Engineer's Services. Page 21of22  andA American Society of Civil Engineers. Allr rights reserved.    24. Preparation of operation, maintenance, and staffing manuals. systems (such asi initial startup, testing, and balancing).  25. Protracted or extensive assistance in refining and adjusting of Project equipment and 26. Assistance to Owner in training Owner's staff to operate and maintain Project 27. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related 28. Preparing to serve or serving as a consultant or witness for, or producing documents for or on behalf of, Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project (but not including  equipment ands systems. recordkeeping.  disputes between Owner and Engineer). 29. Overtime work requiring higher than regular rates.  30. Providing construction surveys and staking to enable Contractor to perform its work otherthan: as required under Exhibit AP Paragraph 1.06.B.9; any type of property: surveys or related engineering services needed for the transfer of interests in real property; providing construction and property surveys to replace reference points or property monuments lost or destroyed during construction; and providing other special field 31. Providing more extensive services required to enable Engineer to issue notices or 32. Extensive services required during any correction period, or with respect to monitoring Contractor's compliance with warranties and guarantees called for in the Construction 33. Other additional services performed or furnished by Engineer not otherwise provided  surveys.  certifications requested by Owner.  Contract (except as agreed to under Basic Services).  fori int this Agreement.  Exhibit A-Engineer'sSenvites. Page 22of22  Exhibits toE EJCDC E-500, Agreement! between Owner and Engineer for Professional: Services. Copyright" 2020 National Societyo ofP Professional Engineers, American Council of Engineering Companies,  and/ American Society of CivilE Engineers. Allr rightsr reserved.    EXHIBIT B-DELIVERABLESS SCHEDULE  Paragraphs 2.04.E, 3.02.A, and Exhibit A oft the Agreement are supplemented byt the following paragraph Engineer shall furnish Documents to Owner as required in thet following anticipated schedule below. Engineer shall furnish Documents to Owner as required in Column 2 of the following table (and as further described in Exhibit A), according to the schedule in Column 4. Owner shall comment or take other identified actions with respect to the Documents as indicated in Column 2 (and as further described in  and table.  Exhibit A), according tot the schedule in Column 4.  Party Owner  Action  Exhibit AF Reference  Schedule Within [2-4] weeks of the Effective Date. Within [7] days of ther receipt from Engineer of the Report and other Study and Report Phase deliverables. Within [2-4] weeks oft the receipt of Owner's comments regarding the Report and other Study and Report Phase deliverables. Within [6-8)] weeks of Owner's authorization top proceed with Preliminary Design Phase services. Within [7] days of ther receipt from Engineer of Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. Within [2-4] weeks of the receipt of Owner's comments regarding the Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. Within [4-6] weeks of Owner's authorization to proceed with Final Design Phase services.  Engineer Submit [1]r review copies oft the Report 1.02.A.12  and other Study and Report Phase (Conceptual) deliverables to Owner. Submit comments regarding the Report 1.02.A.14 and other Study and Report Phase (Conceptual) deliverables to Engineer. and other Study and Report Phase (Conceptual) deliverables to Owner. Preliminary Design (Schematic Design) Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Submit comments regarding Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables Preliminary Design Report, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables  Engineer Submit [1] copies of ther revised Report 1.02.A.14  Engineer Submit [1]r review copies of the  1.03.B.12  Owner  1.03.B.13  toE Engineer.  Engineer Submit [1] copies of ther revised  1.03.B.13  to Owner.  Engineer Submit [1) copies of thet first Final  1.04.B.1  Design Phase (Design Development) draft of Drawings and pecifications to  Owner.  ExhibitB B-Deliverables: Schedule. and American Society of Civil Engineers. Allr rights reserved.  Exhibits to EJCDCPE-500, Agreement between Owner and Engineer for Professional: Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies,  Pageiof2    Party Owner Engineer  Action  Exhibit A Reference 1.04.B.1 1.04.B.2  Schedule Within [7] days of the receipt oft thet first final Design Phase drafts of Drawings and Specifications from Engineer. Within [4-6] weeks of the receipt of Owner's comments andi instructions regarding the first Final Design Phase drafts of Drawings and Specifications. Concurrent with submittal to Owner oft the: second Final Design Phase drafts of Drawings and Specifications. Within [7) days of the receipt from Engineer oft thes second Final Design Phase drafts of Drawings and Specifications. Within [2-4] weeks oft the receipt of Owner's comments and instructions regarding the second Final Design Phase drafts of Drawings and Specifications. Within [14] days oft ther receipt from Engineer oft thet final, completed, pricing-ready and construction-ready Drawings and Specifications. Within [4-6] weeks of receipt of Owner's final comments and instructions regarding the regarding the final, completed, pricing-ready and construction- ready Drawings and Specifications, the Bidding/Proposal and Front- End Construction Contract Documents, and any other Final Design Phase deliverables. Within [7] days of written authorization by Owner to proceed with Bidding/Proposal Phase services.  Submit comments andi instructions regardingt thet first Final Design Phase draft of Drawings and Specifications to Submit [1) copy of thes second Final Design Phase drafts of Drawings and 1.04.E.2b Specifications to Owner.  Engineer.  Engineer Submit [1) of copy of draft  1.04.D.2; 1.04.E.2b  Bidding/Proposal. and Front-End Construction Contract Documents, as required, and any other Final Design Phase deliverables (other than Drawings and Specifications) to Owner. Submit comments andi instructions regarding the second Final Design Phase drafts of Drawings and Specifications to Engineer. pricing-ready and construction-ready 1.04.E.1 Drawings and Specifications to Owner. Submit comments and instructions regarding thet final, completed, pricing- ready and construction-ready Drawings and Specifications to Engineer. Submit to Owner: [1]copy of the revised final, completed, pricing-ready: and construction-ready Drawings and Specifications; and [1] of copy of assembled Bidding/Proposal and Front-End Construction Contract Documents, and any other Final Design Phase deliverables.  Owner  1.04.B.2  Engineer Submit [1) copy oft thet final, completed, 1.04.B.3and  Owner  1.04.F.2  Engineer  1.04.F.2 1.04.F.3  Engineer Submit [1) copies of Bidding/Proposal 1.05.A.9.a  Phase deliverables (ifany) identifiedi in Exhibit. AF Paragraph 1.05.A.9.ato  Owner.  Exhibit B-D Deliverables! Schedule. and/ Ameriçan Society of Civil Engineers.A Allr rights reserved.  Exhibits toE EJCDCPE-500, Agreement! between Ownera and Engineer for Professional: Services. Copyrighto 2020 National Societyo ofP Professional Engineers, American Council ofE Engineering Companies,  Page 2of2    EXHIBIT G-INSURANCE ARTICEI-INSURANCE Paragraphs 1.01 and 1.02: 1.01 Insurance Policies and Limits  Paragraph 6.04 of the Agreement, Insurance, is supplemented to include the following Exhibit G  A. Ina accordance with Paragraph 6.04.A of the Agreement, the insurance that Engineer must procure and maintain, and the policy limits of such insurance, are as follows:  Policy limits of not less than: Statutory $100,000 $100,000 $500,000 $1,000,000 $500,000 $500,000 $ $ $ $100,000 $ $ $1,000,000 $2,000,000 $ $ $ $  Coverage  Workers' Compensation State Employer'sliability Each accident Each employee Policy limit Commercial General Liability General Aggregate Personal and Advertising Injury Automobile Liability Bodily Injury Each Person Each Accident Property Damage Each Accident Or Combined Single Limit Excess or Umbrella Liability Each Occurrence General Aggregate Professional Liability Each Claim Annual Aggregate Each Claim General Aggregate Other Insurance [Specify] Each Claim General, Aggregate  Bodily Injury and Property Damage-Each Occurrence  Combined Single Limit (Bodily Injury and Property Damage)  Unmanned. Aerial Vehicle Liability Insurance  Exhibit G-Insurance. Page 1of3  Exhibits toE EJCDCE E-500, Agreement between Owner and Engineer for Professional Services. Copyrighto 2020 National Society off Professional Engineers, American Council ofE Engineering Companies,  andA American! Society of CivilE Engineers. Allr rightsr reserved.    B. Ina accordance with Paragraph 6.04.C of the Agreement, the insurance that Owner must procure and maintain, and the policy limits ofs such insurance, are as follows:  Policy limits of not less than: Statutory $100,000 $100,000 $500,000 $ $ $ $ $ $ $ $ $ $ $ $ $  Coverage  Workers' Compensation State Employer'sliability Each accident Each employee Policy limit Commercial General Liability General Aggregate Personal and/ Advertising Injury Automobile Liability Bodily Injury Each Person Each Accident Property Damage Each Accident Or Combined Single Limit Excess or Umbrella Liability Each Occurrence General Aggregate Each Claim General Aggregate Other Insurance [Specifyl Each Claim General Aggregate  Bodily Injury and Property Damage--Each Occurrence  Combined Single Limit (Bodily Injury and Property Damage)  Unmanned. Aerial Vehicle Liability Insurance  1.02 Additional Insureds  A. Ownershall cause Engineer, its Subconsultants, andi its ingnersSubcontractors tol be listed as additional insureds on any of Owner's general liability policies that are applicable to the Project. The following individuals or entities are to be listed on Owner's general liability policies of insurance (and on Contractor's policies required under Paragraph 6.04.D of the  Agreement) as additional insureds: Name of Additional Insured  Address  Exhibit G-Insurance. Page 2of3  Exhibitst to EJCDCE E-500, Agreement between Ownera and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies,  andA American! Society of Civil Engineers. Allr rights reserved.    B. During the term of this Agreement the Engineer shall notify Owner of any other Subconsultant or Engineer's Subcontractor to be listed as an additional insured on Owner's The Owner must be listed on Engineer's general liability policy as provided in D. For applicable Contractor's general liability policies of insurance, the additional insured endorsements willi include both ongoing operations and products and completed operations coverage through ISO Endorsements CG20101001 and CG20371001 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercalyavalabe, then Contractormaysatslylhs: requirement by providing gequivalent E. For applicable Contractor's general liability policies of insurance, Contractor shall provide ISO Endorsement CG20320704, "Additional Insured-Engineers, Architects or Surveyors Not Engaged byt thel NamedI Insured" ori its equivalent for ingneer,ubconsultants, and other  and applicable Contractor's general liability policies of insurance.  Paragraph 6.04.B.  endorsements.  design professional: additional insureds.  Exhibit G--Insurance. Page 3of3  Exhibits to EJCDCPE-500, Agreement between Owner and Engineerf for Professional Services. Copyrighto 20201 National Society ofp Professional Engineers, American Council ofE Engineering Companies,  and/ American: Society of Civil Engineers. Allr rights reserved.    EXHBITI-LMITATIONS OF LIABILITY ARICEI-UMITATIONS OF LIABILITY  Paragraph 6.10 of the Agreement is supplemented to include Exhibit! Paragraph(s) [1.01, Mutual  Indemnification and 1.02, Limitation of Engineer's Liability!:  1.01 Mutual Indemnification  A. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants, and Engineer's Subcontractors, 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, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission dfOwmercrOwmersolies, directors, members,partners; agents, employees, or others retained by or under contract to the Owner with respect to this  Agreement or to the Project.  1.02 Limitation of Engineer's Liability  A. Engineer's Liability! Limitedt to! Stated Amount, or Amount of Engineer's Compensation:Tothe fullest extent permitted by Laws and Regulations, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's Subcontractors, officers, directors, members, partners, agents, employees, and Subconsultants, to Owner and anyone claiming by, through, or under Owner for any and all injuries, claims, losses, expenses, costs, or damages whatsoever (including but not limited to direct, indirect, special, incidental, punitive, exemplary, or consequential damages) arising outo of, resultingf from, orinanyv wayrelatedtot the Project,t to Engineer'sori its Subconsultants' or Engineer's Subcontractor's services, or to this Agreement, from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Subconsultants, or Engineer's Subcontractors, will not exceed the total amount of $1,000,000orthet totalc compensation received! by menermaerHiAremen, whichever  is greater. Higher limits are available for an additional fee.  Exhibit I-Limitation ofl Liability.  Exhibitst toE EJCDCE E-500,A Agreement between Owner and Engineer for Professional Services. Copyrighto 2020 National Societyo of Professionall Engineers, American Council ofE Engineering Companies,  and/ American Society of CivilE Engineers. Allrights reserved.  Page: 1of1    EXHIBITJ-PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES COMPENSATION PACKET BC-3: BASIC SERVICES-PERCENTAGE OF CONSTRUCTION COST ARTICLE 1-COMPENSATION PACKET BC-3: BASIC SERVICES-PERCENTAGE OF CONSTRUCTION COST Article 2 of the Agreement is supplemented to include the following Exhibit/Paragraph: 1.01: 1.01 Compensation for Basic Services (other than Resident Project epceenaivel-Perenase of A. Owners shall pay Engineer for Basic Services seti forth in Exhibit A (except for Resident Project 1. Percentage of Construction Cost: An amount equalt to [7% percent oft the Construction Cost. This amount includes compensation for Engineer's services and services of Engineer's Subconsultants and, Subcontractors, if any. The percentage of Construction Cost noted herein accounts for labor, overhead, profit, and expenses (other than any 2. Asal basis for payment to Engineer, Construction Cost will be based on one or more of the following determinations with precedence in the order listed for Work designed or a. For Work designed or specified and incorporated in the completed Project, the actual final price of the Construction Contract(s), as duly adjusted by Change b. For Work designed or specified but not constructed, the lowest bona fide Bid received from ac qualified biddert for such Work; or, ifthe Worki is not bid, thel lowest For Work designed or specified but not constructed upon which no such Bid or proposalisrecelved, Engineer'smost: recent opinion of probable Construction Cost. d. Labor furnished by Owner for the Project willl bei included ini the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by Owner will be included at current market e. For purposes of determining Construction Cost under this provision, no deduction is to be made from Construction Contract pricing on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s). 3. Reimbursable Expenses: In addition to the Percentage of Construction Cost, Engineer is also entitled to reimbursement from Owner for the following Reimbursable Expenses a. The portion of the amounts billed for Engineer's services that is on account of the Percentage of Construction Cost will be based upon Engineer's estimate of the percentage oft thet total services actually completed during the billing period. Ifany  Construction Cost Method of Payment  Representative services, ifany) as follows:  expressly allowed Reimbursable Expenses).  specified by Engineer: Orders.  bona fide negotiated proposal for such Work.  prices.  (see Appendix: 1 for rates or charges): "None."  4. Progress Payments  Exhibit J--Payments toE Engineer for Services and Reimbursable Expenses. Compensation! Packet RPR-5: Resident Project Representative-salary Costs Times aF Factor. Exhibits toE EJCDC E-500, Agreement between Owner and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers,A American Councilc ofE Engineering' Companies, andA American Society ofC Civil Engineers. Allr rightsr reserved.  Page 1of2    Reimbursable Expenses are expressly allowed, Engineer may also bill for any such b. Upon conclusion of each phase of Basic Services, Owner shall pay such additional amount, ifa any, as may be necessary to bring total compensation paid during such phase on account of the percentage of Construction Cost to the following estimated percentages of total compensation payable on account of the percentage of Construction Cost for all phases of Basic Services. For billing purposes only, the following will be based on the percentage fee of 7% of $5,000,000. The billing will be adjusted once bids are received and the schedule of  Reimbursable Expenses incurred during the billing period.  values is available:  a. Study Report Phase/Conceptual Plan (5%)  $17,500  b. Preliminary Design Phase/Schematic Design (15%) $52,500 Final Design Phase/90% Construction Documents/  Permit Set (50%) d. Bidding (7%6) Construction Phase (20%) Post-Construction Phase/Close-Out (3%)  $175,000 $24,500 $70,000 $10,500  Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but compensation will not exceed the total estimated compensation amount unless  approved in writing by Owner.  Exhibit J-Paymentst toE Engineer for Services andF Reimbursable! Expenses. Compensation! Packet RPR-5:F Resident Project Representative-Salarys Costs Times aFactor. Exhibitst tot EJCDC°E E-500, Agreement! between Ownera andE Engineer for Professional Services. Copyrighto 2020 National Society ofP Professional Engineers, American Council ofE Engineering Companies, and American Societyo of Civil Engineers.A Allr rights reserved.  Page: 2of2    EXHBTI-PAIMENISTO ENGINEER FOR SERVICES. AND REIMBURSABLE EXPENSES COMPENSATION PACKET AS-1: ADDITIONAL SERVICES-STANDARD HOURLY RATES ARTICE2-COMPENSATON PACKET AS-1: ADDITIONAL SERVICES-STANDARD HOURLY RATES Article 2 oft the Agreement is supplemented to include the following ExhibitJ JF Paragraph 3.01: 2.01 Compensation for Additional: Services--Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows:  1. For services of Engineer's personnel engaged directly on the Project pursuant to Exhibit A Paragraph: 2.01 or 2.02, except for services as a consultant or witness under Exhibit A Paragraph2.02.A.28 (which if needed will be separately negotiated based on the nature of the required consultation or testimony), an amount equal to the cumulative hours charged by each class of Engineer's personnel providing such Additional Services times Standard Hourly Rates for each applicable billing class, plus Additional Services-related Reimbursable Expenses and Additional Services-related  Engineer's Subcontractors' and Subconsultants' charges, ifany.  B. Compensation for Reimbursable Expenses  1. Forthose Reimbursable Expenses that are directly related to the provision of Additional Services, and are not already accounted for in the compensation for Basic Services or RPR-related services, Owner shall reimburse Engineer, using the rates set forth in 2. Such Reimbursable Expenses include, to the extent Additional Services-related, the expenses identified in Appendix 1 and the following categories: transportation (including mileage), lodging, and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls, mobile phone charges, and courier charges; reproduction of reports, Drawings, Specifications, bidding-related orc other procurement documents, Construction Contract Documents, and similar items. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Acdltionalsenvicerelated internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services,  Appendix 11 to this ExhibitJ Jwhen applicable.  specialized equipment.  the latter multiplied by a factor of [1.15]. Other Provisions Concerning Payment for Additional Services  1. Whenever Engineer is entitled to compensation for the charges of Engineer's Subcontractors and Subconsultants, such compensation will be the amounts billed by Engineer's Subcontractors and Subconsultants to Engineer times ai factor of [1.15). 2. Factors: The external Reimbursable Expenses and Engineer's Subcontractors' and Subconsultants' factors include Engineer's overhead and profit associated with Engineer's responsibility fort the administration of such services and costs. ExhibitJ J-Payments toE Engineer for Services andF Reimbursable! Expenses. Compensation Packet AS-3:A Additional Services--Salary Costs Times al Factor. Exhibits toEJCDC E-500, Agreement! between Owner andE Engineer for Professional Services. Copyrighto 2020 National Society ofP Professional Engineers, American Council ofE Engineering Companies, and/ American Society of Civil Engineers. Allrights reserved.  Page: 1of2    3. The Standard Hourly Rates and the Reimbursable Expenses Schedule will be adjusted annually (as of January 1, 2025) to reflect equitable changes in the compensation payable to Engineer for Additional Services-related services and expenses. 4. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost.  Exhibit J-Paymentst to Engineer fors Services andF Reimbursable! Expenses. Compensation! Packet AS-3:Additionals Services--Salary Costs Times aF Factor. Exhibits to EICDCPE-500, Agreement between Owner andE Engineer for Professional Services. Copyrighto 2020 National Society ofF ProfessionalE Engineers, American Councilo ofE Engineering Companies, and American Societyo of Civil Engineers. Alir rights reserved.  Page2of2    EXHIBIT. J-PAYMENTSTO ENGINEER FOR SERVICES ANDI REIMBURSABLE EXPENSES  APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE  Reimbursable Expenses are subject to review and adjustment per ExhibitJ J. Rates and charges for  Reimbursable Expenses as oft the date oft the Agreement are:  8"x11" Copies/Impressions Copies of Drawings Mileage (auto) Air Transportation Laboratory Testing Meals and Lodging  At cost + 15% At cost + 15% At cost + 15% At cost + 15%  At cost +1 15% beyond 50 mile radius of office. At cost +1 15% beyond 50 mile radius of office.  ExhibitJ J-Payments toE Engineer fors Services and Reimbursable Expenses. Appendix 1:R Reimbursable! Expenses Schedule. Exhibits toE EJCDCE E-500, Agreement between Owner andE Engineerf for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. Allr rights reserved.  Page: 1of1    EXHIBIT. J--PAYMENTSTO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES  APPENDIX2: STANDARD HOURLY RATES SCHEDULE  A. Standard Hourly Rates  1. Standard Hourly Rates are set forth in this Appendix 2 to this ExhibitJ and include salaries and wages paidt to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs,  and operating margin or profit.  2. The Standard Hourly Rates apply only as specified in ExhibitJ.  B. Schedule: Hourly rates for services performed on or after the date oft the Agreement are:  Professional Engineer Project Manager Project Engineer Registered Land Surveyor Survey Crew Engineer Aide Sub-Consultant  $160.00/hour $140.00/hour $130.00/hour $140.00/hour $160.00/hour $90.00/hour $Cost + 15%  ExhibitJ J--Payments toE Engineer fors Services andF Reimbursable Expenses. Appendix2 2: Standard HourlyR Rates Schedule. Exhibitst to EJCDCPE-500, Agreement! between Owner and Engineer for Professional: Services. Copyrighto 2020 Nationals Society of Professional! Engineers, American Council of Engineering Companies, andA American Society of Civil Engineers. Allr rights reserved.  Page: 1of1    GMNASILM PBOJECT  AGREEMENT BETWEEN OWNER AND ENGINEER  FOR PROFESSIONAL SERVICES TABLE OF CONTENTS  Page 2 2  Article 1- Services Of Engineer. 1.01 Scope. Article 2- Owner's Responsibilities. 2.01 Project Information Documents. 2.03 Owner-Furnished, Services.. 2.04 Owner's General Responsibilities. 2.05 Payment.. Article 3- Schedule For Rendering Services. 3.01 Commencement. 3.02 Time for Completion. Article 4- Invoices And Payments 4.01 Invoices. 4.02 Payments Article 5- Opinions Of Cost. 5.01 Opinions of Probable Construction Cost. 5.02 Opinions of Total Project Costs. Article 6- General Considerations. 6.01 Standards of Performance. 6.02 Ownership and Use of Documents. 6.03 Electronic Transmittals. 6.04 Insurance. 6.05 Suspension and Termination, 6.06 Successors, Assigns, and Beneficiaries 6.07 Dispute Resolution. 6.08 Controlling Law; Venue 6.09 Environmental Condition of Site. 6.10 Indemnification and Mutual Waiver. 6.11 Records Retention. 6.12 Miscellaneous Provisions.. Article7 7- Definitions. 7.01 Defined' Terms. Article 8- Exhibits And Special Provisions. 8.01 Exhibits to Agreement. 8.02 Total Agreement. 8.03 Designated Representatives. 8.04 Engineer's Certifications. 8.05 Conflict of Interest.  2.02 Owner's Instructions Regarding Bidding/Proposal and Front-End Construction Contract  10 11 13 14 15 15 15 16 17 17 18 18 23 23 23 23 23 24  EJCDCA E-500, Agreement between Owner andE Engineer for Professional Services. Copyright" 2020N National Society ofP Professional Engineers, American Council ofE Engineering' Companies, andA American! Society of CivilE Engineers. Allrights reserved.  TOCPagelof1    AGREEMENT  BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES  Thisi is an Agreement between City of Camilla (Owner) and York & Associates Engineering, Inc. (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as  Gymnasium (Project).  Other terms used ini this Agreement are defined in Article 7.  Engineer's services under this Agreement are generally identified as follows:  Engineering design, project management of design, and construction monitoring associated with the Proposed Gymnasium to be located in the Perry Street, Morgan Street, and Spence Street block or area  of Camilla, Geogia 31730. The scope of work toi include:  1. Site Design toi include: Site plans Grading plans. Drainage plans. Utilities plans. Landscaping plans. Erosion & sediment control plans. Construction details and Technicalspechitations  2. Architectural Design to include: Generic information Code plans and Life Safety plans. Floor, Ceiling, and Roof plans Building Exterior, Elevations, and Sections Wall Sections. 3D views  Interior finish, equipment details and schedules Accessory details and schedules Construction Details and Technical specifications  3. Structural Design for PEMB (Pre-Engineered Metal Building) to include:  Structural design criteria Foundation plans and Details  EJCDCO E-500, Agreement! between Owner and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. Allr rightsr reserved.  Page 1of25    Mezzanine framing plans and Details Steel and Framing Details 4. PMEFP-LV Design to include: Mechanical plans. Electrical plans. Plumbing plans. Fire protection plans. Low' Voltage Systems plans to include. Data Cabling System Public Announcement (PA)system Securitysystems to include: Access Control. Intrusion Detection. Video Surveillance Fire Alarm system.  Construction Details and Technical specifications  Construction Details and Technical Specifications 5. Construction Contract Documents and Specifications.  The services are more fully described in Exhibit Al hereto and made a part hereof.  Owner and Engineer further agree as follows: ARTICLE: 1-SERVICES OF ENGINEER  1.01 Scope  A. Engineer shall provide, or cause to be provided, the services seti forth herein andi in Exhibit A. B. Allp phases of service willi include Management of Engineering Services as shown in Exhibit A.  ARTICIEZ-OWNERS RESPONSIBILITIES 2.01 Project Information  A. To the extent Owner has not already provided the following, or has new, additional, or revised information from that previously provided, Owner shall provide Engineer with information and data needed by Engineer in the performance of Basic and Additional EJCDCPE E-500, Agreement between Owner and Engineer for Professional Services. Copyright" 20201 National Society ofP Professional Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. Allr rightsr reserved.  Services, including Owner's:  Page 2of25    1. design objectives and constraints; 2. space, capacity, and performance requirements; 3. flexibility and expandability needs; 4. design and construction standards; 5. budgetary limitations; and  6. any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent tot the Site. B. Following Engineer's assessment ofi initially-available Project information and data and upon Engineer's request, Owner shall obtain, furnish, or otherwise make available (if necessary through retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information as Additional Services. Such additional  information or data mayi include thei following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Surveys, topographici mapping, and utility documentation. including establishing relevant reference points.  4. Property, boundary, easement, right-of-way, and other special surveys or data, 5. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; appropriate professional 6. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, 7. Data or consultations as required for the Project but not otherwise identified in this Owner shall examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and otheradvisors or consultants as Owner deems appropriate with respect to such examination) D. Owner shall furnish to Engineer data as to Owner's anticipated costs for services to be provided to Owner by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) sO that Engineer may assist Owneri in collating the various cost categories that comprise Total Project Costs. E. Owner shall advise Engineer if any invention, design, process, product, or device that Owner has requested, required, or recommended for inclusion int the Drawings or Specifications will EJCDC E-500, Agreement between Owner andE Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. All rightsr reserved.  interpretation of suchi information or data.  and adjacent areas. Agreement.  and render in writing timely decisions pertaining thereto.  Page 3of25    be subject to payment (whether by Owner or Contractor) of any license fee or royalty to Owner shall inform Engineer as to whether Engineer's assistance is requested with respect to Owner's evaluation of the possible use of Project Strategies, Technologies, and G. Owner shall inform Engineer as to whether Engineer's assistance is requested in identifying 2.02 Owner's Instructions Regarding Bidding/Proposal and Front-End Construction Contract A. Owner shall give instructions to Engineer regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable) and Owner's construction contract practices and requirements, and furnish to Engineer (or give specific directions requesting Engineer to use 1. Owner's standard contract forms, general conditions (if other than the current edition of EJCDCO C-700, Standard General Conditions of the Construction Contract), supplementary conditions, text, and related documents and content for Engineer to include in the draft Bidding/Proposal Documents, and in draft Front-End Construction  others, as required by patent rights or copyrights.  Techniques, as defined in Exhibit A.  opportunities for enhancing the sustainability of the Project.  Documents  copies already in Engineer's possession) the following:  Contract Documents; 2. insurance and bonding requirements;  3. protocols for electronic transmittals during bidding and construction; 5. diversity and others social responsibility requirements;  4. Owner's safety and security programs applicable to Contractor and other Constructors; 6. bidding and contract requirements of funding, financing, or regulatoryentities; 7. other specific conditions applicable to the procurement of construction or contract 8. any other information necessary for Engineer to assist Owner in preparing its Bidding/Proposal Documents and Front-End Construction Contract Documents. B. Owners shallh have responsibilityt fort thei final content of (1) such BadnPopoalDocumens, and (2) such Front-End Construction Contract Documents, other than content furnished by Engineer concerning the design (as set forthi int the Drawings, Specifications, or otherwise) or 1. Owner shall seek the advice of Owner's legal counsel, risk managers, and insurance advisors with respect to the drafting and content of such documents. Ifthere will be an advertisement soliciting bids for construction, Owner shall place and pay  documents;  other engineering or technical matters.  fors such advertisement.  2.03 Owner-Furnished Services  A. Recognizing and acknowledging that Engineer's services and expertise do not include the  following services, Owner shall obtain, as required fort the Project:  EJCDCe E-500,A Agreement between Owner and Engineerf for Professional Services. Copyrighto 2020 National Society ofP Professional Engineers, American Council ofE Engineering' Companies, andA American Society of Civil Engineers. Allr rights reserved.  Page 4of25    1. Accounting, bond and financial advisory services (including, if applicable, "municipal advisor" services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, andi insurance 2. Legal services, including attorney review of proposed Construction Contract Documents, legal services required by Owner, legalservices needed as ar result of issues raised by Contractor, and Project-related legal services reasonably requested by 3. Auditing services, including those needed by Owner to ascertain how or for what B. Owner shall provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to bei furnished or arranged by Contractor), ortoevaluate the performance of materials, equipment, andi facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Owner shall provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor. Ownershallarquire or arrange fora acquisition oft the Site(s) anda anyt temporary or permanent rights of access, easements, or property rights needed for the Project. D. With respect to the portions or phases of the Project designed or specified by Engineer, 1. all required reviews, approvals, consents, and permits from governmental authorities 2. such reviews, approvals, and consents from others as may be necessary for completion . Owner may delegate to Contractor or others the responsibilities set forth in A. Ownershallinform, Engineer oft the policies, procedures, andi requirements of Ownert that are applicable to Engineer's performance of services under this Agreement. B. Ownershall provide Engineerwith Owner's budget fort the Project, including type ands source oft funding to be used, and will promptly inform Engineer if the budget or funding sources Owners shall inform Engineer in writing of any safety or security programs that are applicable to the personnel of Engineer, its Subconsultants, and Engineer's Subcontractors, as theyvisit D. Owner shall arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this  counseling services.  Engineer.  purpose Contractor has used money paid to it.  Owner shall provide, obtain, or arrange for: having jurisdiction, and  of each portion or phase of the Project.  Paragraphs 2.03.Cand! D.  2.04 Owner's General Responsibilities  change.  the Site or otherwise perform services under this Agreement.  Agreement.  EICDC E-500, Agreement between Owner and Engineer forF Professional Services. Copyright" 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page! 5of25    E. Owner shall provide necessary direction and make decisions, including prompt review of Engineerssubmitals, and carry out its other responsibilities in a timely manner: so as not to F. Owners shalll be responsible for all requirements andi instructions thati itf furnishes to Engineer pursuant to this Agreement, andi fort the accuracy and completeness ofa all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement, subject to any Owner: shall give prompt written notice to Engineer whenever Owner observes or otherwise 1. any development that affects the scope or time of performance of Engineersservices; 3. any relevant, material defect or nonconformance in: (a) Engineer's services, (b) the Work, (c)the performance of any Constructor, or (d) Owner's performance of its H. Owner shall advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and IfOwner designates a construction manager, site representative, or any individual or entity otherthan, or ina addition to, Engineertor represent Ownera at the Site, Owner shall define and set forth as an exhibit to this Agreement the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and  delay Engineer's performance ofi its services.  express limitations or reservations applicable to the furnished items.  becomes aware of:  2. the presence at the Site of any Constituent of Concern; or  responsibilities under this Agreement.  constructability review.  authority of Engineer. Ownershal!:  1. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job-related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final 2. Primarily communicate with EnghneersSubcontractos: and Subconsultants through the a. Promptly inform Engineer of the substance of any communications between b. Refrain from directing the services of Engneerssubcontractors or Subconsultants. 3. Authorize Engineer to provide Additional: Services as set forth in Article 2 of ExhibitAof  payment. Engineer.  Owner and Engineer's! Subcontractors or Subconsultants.  the Agreement, as required.  2.05 Payment  A. Owner shall pay Engineer as seti forth in Article 4 and Exhibit. J.  Based on an anticipated 6-month design and 24-month continuous construction milestone period.  EJCDCe E-500, Agreement between Owner andE Engineer for Professional Services. Copyright°: 2020 National Societyo ofF Professional Engineers, American Council ofE Engineering Companies, and American Society of Civil Engineers. Allr rights reserved.  Page 6of25    1. Compensation items and totals based in whole ori in part on Hourly Rates, Direct Labor, 2. Lump sum amounts incorporate Engineer's labor, overhead, profit, and Engineer's  or Percentage of Construction Cost are estimates only. Subcontractor and Subconsultants' charges.  ARTICLES-SCHEDUIE FOR RENDERING SERVICES  3.01 Commencement 3.02 Time for Completion  A. Engineer is authorized to begin rendering services as of the Effective Date.  A. Engineer shall complete its obligations within a reasonable time. Specific periods oft time for rendering services, or specific dates by which services are to be completed, are provided in B. If,t through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress ofEngineer'sservicesi isi impaired, or Engineer'sservices are delayed or suspended, then the time for completion of Engineer's services, and the rates and IfOwner authorizes changes in the scope, extent, or character of the Project or Engineer's services, then the time for completion of Engineer's services, and the rates and amounts of D. If Engineer fails, for reasons within control of Engineer, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages to the extent, ifany, resulting  Exhibit B, and are hereby agreed to be reasonable.  amounts of Engineer's compensation, will be adjusted equitably. Engineer's compensation, will be adjusted equitably.  from: such failure by Engineer.  ARTICLE 4-INVOICES AND PAYMENTS  4.01 Invoices  A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance withi its standard invoicing practices, the progress reporting and special invoicing requirements (if any) in Exhibit A Paragraph 1.01.A, and the terms of ExhibitJ J. Engineer shall submit its invoices to Owner onar monthly basis. Invoices are due and payable within 30 days ofr receipt. A. Application to Interest and Principal: Payment will be credited first to any interest owed to B. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so; may withhold only that portion sO disputed; and must pay the undisputed portion, subject to the terms of Paragraph 4.01. After a disputed item has been resolved, Engineer shalli include the Failure to Pay: If Owner fails to make any undisputed payment due Engineer within 30 days  4.02 Payments  Engineer and then to principal.  agreed-upon amount on ar new invoice. after receipt of Engineer's invoice, then:  EJCDC E-500, Agreement! between Owner andE Engineer for Professional Services. Copyright" 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. All rights reserved.  Page 7of25    1. amounts due Engineer willl bei increased att ther rate of 1.0% per month (ort the maximum rate of interest permitted byl law, if! less) from: said thirtieth day, and 2. Engineer may, after giving 7 days' written notice to Owner, suspend services under this Agreement until Owner has paid in full amounts due. Owner waives any and all claims D. Sales or Use Taxes: If after the Effective Date any governmental entity takes an action that imposes additional sales or use taxes on Engineer's services or compensation under this Agreement, then Engineer mayi invoice such additional. sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement willl be in addition to the compensation to which Engineeris  against Engineer fora any such suspension.  entitled under the terms of ExhibitJ.  ARTICLES-OPINIONS OF COST 5.01 Opinions of Probable Construction Cost  A. Engineer's opinions of probable Construction Cost (if any) are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' 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 requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate.  5.02 Opinions of Total Project Costs  A. The services, ifany, of Engineer with respect to Total Project Costs willl be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs.  ARTICLE 6-GENERAL CONSIDERATIONS 6.01 Standards of Performance  A. Standard of Care: The standard of care for all professional engineering and related services performed orf furnished by Engineer undert this Agreement willl be the care and: skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time andi int the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly Engineer's Subcontractors and Subconsultants: Engineer may retain such Engineer's Subcontractors and Subconsultants as Engineer deems necessary to assist in the  Engineer.  attributable to deficiencies in Owner-furnished information.  EJCDÇPE E-500, Agreement between Ownera and Engineer for Professional Services. Copyright" 2020 National Society ofp Professional Engineers, American Council ofE Engineering Companies, and/ American Society of CivilE Engineers. Allr rights reserved.  Page 8of25    performance or furnishing of the services, subject to reasonable, timely, and substantive D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer may use or rely upon design elements andi information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the  objections by Owner.  publishers of technical standards.  Compliance with Laws and Regulations, and Policies and Procedures 1. Engineer and Owner shall comply with applicable Laws and Regulations. 2. Engineer shall comply with the policies, procedures, andi instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date. The following may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of b. ther receipt by Engineer after the Effective Date of Owner-provided written policies changes after the Effective Date to Owner-provided written policies or procedures. F. Copies of Drawings and Specifications: If Engineeri is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to Owner at least one complete electronic copy of such Drawings and Specifications, signed and sealed according toa applicable Laws and Regulations, and one complete printed copy, duly signed and sealed. G. Engineer shall not be required to sign any document, no matter by whom requested, that would result in Engineer having to certify, guarantee, or warrant conditions whose existence Engineer cannot ascertain within the authorized scope of Engineer's services. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to Engineer in any way contingent upon Engineer signing any such document. H. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be Engineer neitherg guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform the Work in accordance with the  practice requirements.  performance, or compensation:  a. changes after the Effective Date to Laws and Regulations,  and procedures, and  responsible fort the acts or omissions of any Constructor.  Construction Contract Documents.  EICDC E-500, Agreement between Ownera and Engineert for Professional Services. Copyrighto 2020 National Society of Professional Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. Allr rights reserved.  Page 9of25    J. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer. K. Engineer is not required to provide and does not have any responsibility for surety bonding ori insurance-related advice, recommendations, counseling, or research, or enforcement of Engineer's services do not include providing legal advice or representation. M. Engineer's services do not include (1) serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar N. While at the Site, Engineer, its Subconsultants, and Engineer's Subcontractors, and their employees and representatives willo comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing.  construction insurance or surety bonding requirements.  matters concerning such products ori issuances.  6.02 Ownership and Use of Documents  A. All Documents are instruments of service, and Engineer owns the Documents, including all associated copyrights and the right of reuse at the discretion of the Engineer. Engineer shall continue to own the Documents and all associated rights whether or not the Project is 1. Owner may make and retain copies of Documents for information and reference in 2. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the a. Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; b. any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, willl be at Owner'ssole riska andy without liability or legalexposure tol Engineer or toi its officers, directors, members, partners, agents, employees, and Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees, arising outoforresulting froma any use, reuse, orr modification ofthel Documents without writteny verification,  completed.  connection with the use of the Documents on the Project.  Documents, and subject to the following limitations:  Subconsultants;  completion, or adaptation by Engineer; and  EJCDC E-500, Agreement between Owner and Engineer for Professional Services. Copyright° 20201 National Society ofF Professional Engineers, American Council ofE Engineering' Companies, and American Society of Civil Engineers. All rightsr reserved.  Page: 10of25    d. such limited license to Owner shall not create any rights ini third parties.  6.03 ElectronicTransmitas  A. To the fullest extent practical, Owner and Engineer agree to transmit, and accept, Project- related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with Exhibit F, Electronic Documents Protocol (EDP). 1. Compliance with the EDP by Engineer shall be considered a Basic Service and no direct or separate compensation will be paid to Engineer for such compliance, unless provisions for separate compensation are expressly set forth ini the EDP. 2. Engineer's costs directly attributable to changes in Engineer's Electronic Documents obligations, after the effective date of this Agreement, necessitated by revisions to ExhibitF, delayed adoption of Exhibit F, or implementation of other Electronic Documents protocols, will be compensated as Additional Services. B. Ifthis Agreement does not include ExhibitF F or otherwise does not establish or include protocols for transmittal of Electronic Documents by Electronic Means, then Owner and Engineer may operate without specific protocols or may jointly develop such protocols at a Except as stated otherwise in Exhibit F (if included in this Agreement), when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic D. This Agreement (including the EDP) is not intended to create obligations for Owner or Engineer with respect to transmittals to or from third parties, except as expressly stated in  later date.  Documents, or from those established in applicable protocols.  the EDP.  6.04 Insurance  A. Engineer shall procure and maintain insurance as set forth in Exhibit G.  B. Additional Insureds: The Engineer's commercial general liability, automobile liability, and 1. include and list as additional insureds Owner, and any individuals or entities identified 2. include coverage for the respective officers, directors, members, partners, and 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 4. not seek contribution from insurance maintained byt the additional insured. Owner shall procure and maintain insurance as set forthi in Exhibit G.  umbrella or excess liability policies, must: as additional insureds in Exhibit G; employees of all: such additional insureds;  and  EJCDC E-500, Agreement between Owner and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 11of25    D. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer, its Subconsultants, and Engineer's Subcontractors to be listed as additional insureds with respect to such liability insurance purchased and maintained by Contractor: fort the Project. Ownershall; give Engineera access to anycertificates ofinsurance and copies ofe endorsements and policies obtained by Owner from Contractor. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates must bei furnished priorto commencement of Engineer's services and at renewals thereafter during the life of the Agreement. 1. Upon request by Owner or any otheri insured, Engineer shall alsoi furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, documentation of applicable self-insured retentions (if allowed) and deductibles, full discdosureofalirelevant exclusions, and evidence of insurance required to be purchased and maintained by Subconsultants and Engineer's Subcontractors. In any documentation furnished under this provision, Engineer may redact (a) any confidential premium or pricing information and (b) any wording specific to projects or F. All construction contracts entered into by Owner with respect to the Project must require G. All policies of property insurance relating to the Project, including but not limited to any builder's risk or similar policy, must allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage thei insurers will have no rights of recovery against any insured thereunder or against Engineer, its Subconsultants, or Engineer's Subcontractors. Owner and Engineer waive all rights against each other, Contractor, Engineer's Subcontractors and Subconsultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any oft the perils or causes of loss covered by any such builder's risk or similar policyand any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights H. All policies ofi insurance must contain a provision or endorsement that the coverage afforded willr not be canceled, and that renewal will not ber refused, until at least 10 days' prior written notice has been given to the primary insured. Upon receipt of such notice, the primary insured must promptly forwarda a copy oft the notice tot the other party tot this Agreementa and replace the coverage being cancelled or reduced to conform to the requirements of this At any time, Owner may request that Engineer, or Engineer's Subcontractors or Subconsultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G.Ifso requested by Owner, and if commercially available, Engineer shall obtain and shall require Engineer's Subcontractors or Subconsultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods oft time as requested by Owner, and Exhibit G willl be supplemented to incorporate these requirements. EJCDCéE-500, Agreement between Owner and Engineerf for Professional Services. Copyrighto 2020 National Society ofp Professionall Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. Allr rights reserved.  jurisdictions other than those applicable to this Agreement.  builder's risk or similar property insurance.  consistent with those: set forth in this paragraph.  Agreement.  Page 12of25    6.05 Suspension and Termination A. Suspension  1. By Owner: Owner may suspend Engineer's services for up to 90 days upon 7 days' 2. By Engineer: Engineer may, after giving 7days' written notice to Owner, suspend a. ifOwner has failed to pay Engineer fori invoiced services and expenses, as set forth b. inn response to the presence of Constituents of Concern at the Site, as set forth in ifp persistent circumstances beyond the control of Engineer have prevented it from  written notice to Engineer. services under this Agreement: inP Paragraphs 4.02.Band 4.02.C; Paragraph 6.09.D;or  performing its obligations under this Agreement.  B. Termination for Cause  1. Either party mayt terminate the Agreement for cause upon 30 days' written notice int the event of substantial failure by the other party to perform in accordance with thet terms a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more 2. Inaddition to its termination rights in Paragraph 6.05.B.1, Engineer may terminate this a. ifOwner demands that Engineer furnish or perform services contraryt to Engineer's b. if Engineer's services for the Project are delayed or suspended for more than C. as the result of the presence at or adjacent to the Site of undisclosed Constituents 3. Engineer will have no liability to Owner on account of any termination by Engineer for Termination for Convenience: Owner may terminate this Agreement for convenience, D. Extension of Effective Date of Termination: If Owner terminates the Agreement for cause or convenience, Owner may set the effective date of termination at at time up to 30 days later than otherwise provided to allow Engineerto demobilize personnelande equipment from the EJCDCPE-500, Agreement! between Owner andE Engineerf for Professional Services. Copyright" 2020 National Society ofF Professional Engineers, American Council of Engineering' Companies, andA American Societyo of Civil Engineers. Allr rights reserved.  of the Agreement, through no fault oft the terminating party.  than, 60 days after the date ofr receipt of the notice. Agreement for cause upon 7 days' written notice: responsibilities as al licensed professional; 90 days for reasons beyond Engineer's control; or of Concern, as set forthi in Paragraph 6.09.E.  cause.  effective upon Engineer's receipt of notice from Owner.  Page 13of25    Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly Payments Upon Termination: In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date oft termination. Upon making such payment, Ownerv will havet the limited right tot the use of Documents, at Owner's sole risk, subject to the provisions 1. IfOwner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's entitlement to payment and Owner'srights' tot the use ofthe Documentswill ber resolved ina accordance with the dispute resolution provisions oft this Agreement or as otherwise 2. IfOwner has terminated the Agreement for convenience, or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date oft termination, such as reassignment of personnel, costs of terminating contracts with ingheersubcontractors or Subconsultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit. J.  files. Engineer shall be entitled to compensation for such tasks.  of Paragraph 6.02.A.  agreed in writing.  6.06 Successors, Assigns, and Beneficiaries  A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.06.Bthe assigns of Ownera and Engineer): are hereby bound tot the other partyt to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Agreement without the written consent of the other party, except tot the extent that any assignment, subletting, or transferi is mandated 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 undert this Agreement. 1. Allduties and responsibilities undertaken pursuant tot this Agreement willl bet fori thes sole and exclusive benefit of Owner and Engineer and not for the benefit ofa any other party. 2. Nothing in this Agreement will be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, 3. Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear  obligations oft this Agreement.  Unless expressly provided otherwise int this Agreement:  or to any surety for or employee of any of them. int the Construction Contract Documents.  EICDC E-500, Agreement! between Owner and Engineer for Professional Services. Copyright" 2020 National Societyo ofF Professional Engineers, American Council ofE Engineering Companies, and/ American! Society of Civil Engineers. Allr rights reserved.  Page 14of25    6.07 Dispute Resolution  A. Unless otherwise required by Exhibit H, Owner and Engineer shall resolve all disputes int the 1. Owner and Engineer agree to negotiate all disputes between them in good faith fora a period of 30 days from the date of notice, prior to invoking mediation. 2. Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating tot this Agreement or the breach thereof ("Disputes") to mediation. Owner and Engineer agree to participate int ther mediation process in goodf faith. The process willl be conducted on a confidential basis, and must be completed within 120 days. 3. Ifthep parties fail to resolve al Dispute through negotiations under Paragraph 6.07.A.1or a. either or both may invoke the applicable dispute resolution procedures of b. IfExhibit H is not included, or if not final dispute resolution method is specified in  following manner:  mediation under Paragraph 6.07.A.2, then: Exhibit Ht for final resolution of Disputes.  Exhibit H, thent the parties may exercise their rights at law.  6.08 Controlling Law; Venue  A. This Agreement is to be governed by the Laws and Regulations of the state in which the B. Venue for any exercise of rights at law will be the state court having jurisdiction at the location of the Project; or at the choice of either party, and if federal jurisdictional requirements can be met, ini federal court ini the district in which the Project is located. A. Owner represents to Engineer that, as of the Effective Date, to the best of Owner's knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to 1. The presence at the Site of materials that are necessary for the execution oft the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under this Agreement are not undisclosed 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not EJCDCe E-500, Agreement between Owner andE Engineer for Professional Services. Copyrighto 2020 National Society ofp Professional Engineers, American Council ofE Engineering Companies, andA American! Society of Civil Engineers. Allr rights reserved.  Project is located.  6.09 Environmental Condition of Site  exist at or adjacent toi the Site.  as "undisclosed" Constituents of Concern.  Constituents of Concern.  Page 15of25    undisclosed Constituents of Concerni ifE Engineer has been informed oft the general scope IfE Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify(1) Ownera and (2) appropriate authorities having jurisdictionifE Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. Itisa acknowledged by both parties that Engineer's scope of services does not include any services related to undisclosed Constituents of Concern. If Engineer or any other party encounters, unçovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities orsubstantially different locations than disclosed or anticipated, ori ifi investigative orr remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion oft the Project adversely affected thereby until such portion oft the Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective Ifthe presence at the Site of undisclosed Constituents of Concern, or of Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer's services under this 1. if the adverse effects do not preclude Engineer from completing its Project services in general accordance with this Agreement on unaffected or marginally affected portions of the Project, Engineer may accept an equitable adjustment in its compensation or in the time of completion, or both; and the Agreement willl be amended to reflect changes 2. ifthe adverse effects are of such materiality to the overall performance ofE Engineert that itcannot complete its services without significant changes toi the scope of services, time of completion, and compensation, then Engineer may terminate this Agreement for F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and will not be required to become an "owner," "arranger," "operator," "generator," or transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, whicha are ormay be encountered at or near the Site in connection with Engineer's activities under this  ofs such contract.  action.  Agreement, then:  necessitated by the presence of such Constituents of Concern; or  cause on 7 days' written notice.  Agreement.  6.10 Indemnification and Mutual Waiver  A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, and employees, from losses, damages, andj judgments (including reasonable consultants' and attorneys' fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use EJCDC E-500, Agreement between Owner and Engineer for Professional Services. Copyrighto 2020 National Society ofF Professional Engineers, American Council ofE Engineering' Companies, andA American! Society of Civil Engineers. Allr rights reserved.  Page 16of25    resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, Subconsultants, or Engineer's Subcontractors. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibitl, B. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer, its Subconsultants, Engineer's Subcontractors, and their officers, directors, members, partners, agents, employees, and subconsultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants' and attorney'sf fees and expenses) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that: 1. any such claim, cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death,ortoi injuytoordestruction. oftangible property(otherthan 2. nothing in this paragraph obligates Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful No[ Defense Obligation: Thei indemnification commitments ini this Agreement do noti include adefense obligation byt the indemnitor unless such obligation is expressly stated. D. Percentage Share of Negligence: To the fullest extent permitted by Laws and Regulations, a party'stotall liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part byt the negligence of the party andi in part by the negligence of the other party or any other negligent entity or individual, will not exceed the percentage share that the party's negligence bears to the total negligence of . MutualWalverTothe fullest extent permitted byl Laws and Regulations, Ownerand Engineer waive against each other, and the other's officers, directors, members, partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. Such excluded damages include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and cost of capital.  "Limitations of Liability."  the Worki itself), including the loss of use resulting therefrom, and  misconduct.  Owner, Engineer, and all other negligent entities and individuals.  6.11 Records Retention  A. Engineer shall maintain ont file in legible form, for a period of five years following completion or termination of its services, or such other period as required by Laws and Regulations, all Documents, records (including cost records), and design calculations related to Engineer's services or pertinent to Engineer's performance under this Agreement. Upon Owner's request, Engineer shall provide a copy ofanysuch item to Owner at cost.  6.12 Miscellaneous Provisions  A. Notices: Any notice required under this Agreement willl be iny writing, and delivered: in person (by commercial courier or otherwise); by registered or certified mail; or by e-mail to the recipient, with the words Formal Notice" or similar in the e-mail's subject line. All such EJCDCe E-500, Agreement between Owner and Engineerf forF Professional: Services. Copyrighto 2020 National Societyo ofF Professionall Engineers, American Council ofE Engineering Companies, and American Society of Civil Engineers. All rights reserved.  notices are effective upon the date of receipt.  Page 17of25    B. Survival: Subject to applicable Laws and Regulations, all express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations will be deemed stricken, and all remaining provisions will continue D. No Waiver: A party's non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this . Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no later than the date of Substantial Completion;or, if Engineer's services do not include Construction Phase services, or the Project is not completed, then no later than the date of Owner's last payment to Engineer.  completion or termination for any reason.  to be valid and binding upon Owner and Engineer.  Agreement.  ARTICLE7-DEFINITIONS 7.01 Defined Terms  A. Wherever usedi ini this Agreement (including the exhibits hereto)terms (includingt the singular and plural forms) printed with initial capital letters have the meanings indicated in the text 1. Addenda--Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction 2. Additional Services-The services to be performed for or furnished to Owner by Engineer in accordance with Article 2 of Exhibit A oft this Agreement. 3. Agreement-This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed 4. Application for Payment-The form acceptable to Engineer which is to be used by Contractor during the course of the Worki in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the 5. Basic Services-The services to be performed for or furnished to Owner by Engineer in 6. Bidding/Proposal Documents-Documents related to the selection of the Contractor, including advertisements or invitations to bid; requests for proposals; instructions to bidders or proposers, including any attachments such as lists of available Site-related documents; bid forms; bids; proposal forms; proposals; bidding requirements; and 7. Change Order-A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction EJCDC E-500, Agreement between Owner and Engineer for Professional Services. Copyright°: 2020 National Society ofF Professional Engineers, American Council ofE Engineering' Companies, andA American! Society of Civil Engineers. Allr rightsr reserved.  above, in the exhibits, or in the following definitions:  Contract Documents.  amendments.  Construction Contract.  accordance with Article 1 of Exhibit A of this Agreement.  qualifications documents.  Page 18of25    Contract Price ort the Construction Contract Times, or other revisioni tot the Construction Contract, issued on or after the effective date oft the Construction Contract. 8. Change Proposal-A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Construction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Construction Contract Documents or the acceptability of Work under the Construction Contract Documents; challengingaset-off: against payments due; or seeking other relief 9. Constituents of Concern--Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any 10. Construction Contract--The entire andi integrated written contract between Ownera and 11. Construction Contract Documents--Those items designated as "Contract Documents" in the Construction Contract, and which together comprise the Construction Contract. See also definition of "Front-End Construction Contract Documents" below. 12. Construction Contract Price-The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 13. Construction Contract Times-The number of days or the dates by which Contractor must: (a)a achieve milestones, if any, in the Construction Contract; (b) achieve 14. Construction Cost-The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner's costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 15. Constructor-Any person or entity (not including the Engineer, its employees, agents, representatives, or Subconsultants, or Engineer's Subcontractors), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner's work forces, utility companies, other contractors, construction managers, design-builders, testing firms, shippers, and truckers, and the employees, agents, and representatives ofa any or all oft them. 16. Contractor-The entity or individual with which Owner enters into a Construction  with respect to the terms of the Construction Contract.  hazardous, toxic, or dangerous waste, substance, or material.  Contractor concerning the Work.  Substantial Completion; and (c) complete the Work.  Contract.  EJCDCE-500, Agreement between Ownera andE Engineerf for Professional Services. Copyrighto 2020 National Society of Professional Engineers, American Council of Engineering Companies, andA American Society of CivilE Engineers. Allr rightsr reserved.  Page 19of25    17. Documents-All documents expressly identified as deliverables in this Agreement, whether in printed or Electronic Document form, required by this Agreement to be provided or furnished by Engineer to Owner. Suchs specifically required deliverables may include, by wayo of example, Drawings, Specifications, data, reports, buildingi information 18. Drawings-That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date-The date indicated in this Agreement on whichi it becomes effective, but ifr no such date is indicated, the date on which this Agreement is signed and delivered 20. Electronic Document-Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, orgraphics, including butr not limited to Shop Drawings and other Submittals, that are in an electronic or digital 21. Electronic Means--Electronic mail (e-mail), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving oft the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Agreement. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for  models, and civili integrated management models.  by the last oft the parties to sign and deliver.  format.  transmission of Electronic Documents.  22. Engineer-The individual or entity named as such ini this Agreement.  23. Engineer's Subcontractor-Anti individual, firm, vendor, or other entity having a contract with Engineer to furnish general services, equipment, or materials with respect to the 24. Field Order-A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract 25. Front-End Construction Contract Documents--Those Construction Contract Documents whose primary purpose is to establish legal and contractual terms and conditions, typically including the Owner-Contractor agreement, bonds, general conditions, and supplementary conditions. The term excludes the Drawings and Specifications, and any Construction Contract Documents delivered or issued after the effective date of the 26. Laws and Regulations; Laws or Regulations--Any: anda all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any anda allg governmentalbodies, agencies, 27. Owner-The individual or entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the  Project as an independent contractor.  Times.  Construction Contract.  authorities, and courts having jurisdiction.  Project.  EJCDC E-500, Agreement between Owner and Engineer forF Professional Services. Copyrighto 2020 National Societyo ofF Professional Engineers, American Council ofE Engineering Companies, and/ American! Society of Civil Engineers. Allr rights reserved.  Page 20of25    28. Project-Thet total undertakingt tol bea accomplished for Owner! bye engineers,contratos, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which thes services to be performed or furnished by Engineer underthis 29. Record Drawings--Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 30. Resident Project Representative--The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative (RPR) includes any assistants or field: staff oft the RPR. 31. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which 32. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract 33. Site-Lands or areas to bei indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the 34. Spectications-The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship asa applied tot the Work, and certain dmnatralwerequlemens: and proceduralmatters 35. Subconsultant-Ant individual, design firm, consultant, or other entity having a contract with Engineer to furnish professional services with respect to the Project as an 36. Subcontractor--An individual or entity! having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 37. Submittal-A written or graphic document, prepared by or for Contractor, which the Construction Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittalin the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Construction Contract EJCDCE E-500, Agreement! between Owner andE Engineerf for Professional Services. Copyright" 2020 National Society ofP Professional Engineers, American Councilc ofE Engineering Companies, andA American Society of CivilE Engineers. Allrights reserved.  Agreement are a part.  such portion oft the Work will be judged.  Documents.  use of Contractor.  applicable tot the Work. independent contractor.  Page 21of25    Documents. Submittals, whether or not approved or accepted by Engineer, are not Construction Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not 38. Substantial Completion-The time at which the Work (or a specified part thereof) has progressed to the point where, int the opinion of Engineer, the Work (oras specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, sO that the Work (or a specified part thereof) can be utilized for the purposes for which iti isi intended. Thet terms' substantially complete'and" "substantially completed" as applied to all or part ofthe Workr referto Substantial Completionthereof. 39. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials ore equipment tol bei incorporated in the Work by Contractor ora a Subcontractor. 40. Total Project Costs-The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up oft the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer or othero design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties and private utilities (including relocationifnot part of Construction Cost), Owner's costs for legal, accounting, insurance counseling, and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner. 41. Underground Facilities-All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, ort traffic or other control systems. 42. Work-The entire construction or the various separately identifiable parts thereof required to be provided under the Construction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and mayi include related services such as testing, start-up, and commissioning, all as required by the Construction Contract 43. Work Change Directive-A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by  Submittals.  Ana abandoned facility or system is not an Underground Facility.  Documents.  Engineer, ordering an addition, deletion, or revision in the Work.  B. Terminology  1. The word "day" means a calendar day of 24 hours measured from midnight to ther next EJCDC°E E-500,A Agreement between Owner and Engineer for Professional Services. Copyrighto 20201 National Societyo ofF Professionall Engineers, American Council ofE Engineering Companies, and American Society of Civil Engineers./ Allr rights reserved.  midnight.  Page 22of25    ARTICLE 8-EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits to Agreement  The following exhibits are incorporated by reference and included as part of this Agreement:  A. Exhibit A, Engineer's Services. B. Exhibit B, Deliverables Schedule.  Exhibit C, Amendment to Owner-Engineer Agreement (form). "Not Used"  D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project  Representative. "Not Used"  E. Exhibit E, EJCDCO C-626, Notice of Acceptability of Work. "Not Used" F. Exhibit F, Electronic Documents Protocol (EDP). "Not Used"  G. Exhibit G, Insurance.  H. Exhibit H, Dispute Resolution. "Not Used" Exhibit 1, Limitations of Liability.  . Exhibit. J, Payments tol Engineer for Services and Reimbursable Expenses.  8.02 Total Agreement  A. This Agreement (which includes the exhibits listed above) constitutes the entire contractual 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 written instrument duly executed by both parties. Amendments should be  based whenever possible on thet format of Exhibit Ct to this Agreement.  8.03 Designated Representatives  A. With the execution of this Agreement, Engineer and Owner shall each designate a specific individual to act as representative under this Agreement. Such an individual must have authority to transmit instructions, receive information, and render decisions with respect to  this Agreement on behalf of the party that the individual represents.  8.04 Engineer's Certifications  A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. Fort the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the 2. "fraudulent practice" means an intentional misrepresentation of facts made (a)to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition;  Agreement execution;  EJCDC° E-500, Agreement! between Owner and Engineerf for Professional Services. Copyrighto: 2020 National Society ofF Professional Engineers, American Councilo ofE Engineering Companies, and American! Society of Civil Engineers. Allr rightsr reserved.  Page 23of25    3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or  affect the execution oft the. Agreement.  8.05 Conflict of Interest  A. Nothing in this Agreement will be construed to create or impose any duty on the part of Engineer that would be in conflict with Engineer's paramount obligations to the public health,safety,andv welfare underthep professional practice requirements governing Engineer, its Subconsultants, and all licensed professionals employed by Engineer or its B. Ifduring the term of this Agreement a potential or actual conflict of interest arises or is 1. Engineer and Owner together will make reasonable, good faith efforts to avoid or eliminate the conflict of interest; to mitigate any adverse consequences of the conflict of interest; and, if necessary and feasible, to modify this Agreement to address the conflict of interest andi its consequences, such that progress under the Agreement may 2. Such efforts will be governed by applicable Laws and Regulations and by any pertinent Owner's policies, procedures, and requirements (including any conflict of interest resolution methodologies) provided to Engineer under Paragraph 2.04.A of this  Subconsultants. identified:  continue.  Agreement.  EJCDCPE-500, Agreement between Ownera and Engineer for Professional Services. Copyrighto 2020 National Society ofProfessional Engineers, American Councilo ofE Engineering Companies, and/ Americans Society of Civill Engineers. Ailr rights reserved.  Page 24of25    WWAY 13, 224/CF)  This Agreement's Effective Date is Ap_2024:  Owner: City of Camilla By: Date:  Engineer: By: Date:  York & Associates Engineering, Inc.  (name ofc  (name of organization) LsPkk (authorized individual's signature) 04/08/2024 (date signed) (typed or printed) (typed orp printed)  E (authorized individual'ssignature), 5-15-39 (date signed) (typed orp printed) (typed or printed).  Name: Kelvin M. Owens Title: Mayor Address for giving notices: 30 Broad St. Camilla, Ga 31730 Designated Representative: Name: Dennis Stroud Title: City Manager Address: Same as above  Name: Theresa P. York  Title:  President Address for giving notices: 308 E. Water St. Bainbridge, Ga 39817 Designated Representative:  Name: Title: Address:  (typed orp printed) (typed orp printed)  (typed or printed) (typed or printed)  Phone: 229-330-2300  Phone: 229-248-0141 Email:  Email: Dennis-Stroud@ctyyofcamila.com  yorkeyoriasocatesnet  EICDCPE-500, Agreement between Owner andE Engineerf for Professional Services. Copyrighto 20201 National Societyo ofF Professional Engineers, American Council ofE Engineering Companies, and American Society of Civil Engineers.A Allrights reserved.  Page 25of25    CITY OF CAMILLA ORDINANCE NO. 2024-05-13-3  TO SET ELECTRIC SERVICE TARIFF FOR THE CITY OF CAMILLA  SEASONAL AGRICULTURAL SERVICE RATE  WHEREAS, The City of Camilla has reviewed its fee schedule for various electrical services WHEREAS, it is deemed appropriate for the proper administration of the business of the City of NOW, THEREFORE, it is hereby ordained that the rate structure as provided in Exhibit A attached hereto and by reference incorporated herein, labeled City of Camilla Electric Service Tariff Seasonal Agricultural Service, become the lawful rate structure ofthe City of Camilla. This Ordinance shall be effective for all utility services provided for billing beginning June 1, Nothing contained in this Ordinance shall prevent this Ordinance or any part hereof from being amended from time to time as deemed just and appropriate by the Mayor and Council oft the City  provided by the City; and  Camilla that the present rate structure be revised.  2024.  of Camilla.  All ordinances in conflict herewith are hereby repealed.  SOORDAINED this 13th day of] May, 2024.  CITY OF CAMILLA Ct Kelvin M. Owens, Mayor  ATTEST  Oul fn Cheryl Ford, Clerk  OF BRAL SEORGIA  1st Reading: WAY 13 2024 2nd Reading: WAIVED    CITY OF CAMILLA Electric Service Tariff  EXHIBIT A  SEASONAL AGRICULTURAL SERVICE  PAGE(S) 1  EFFECTIVE DATE Asnoted below  REVISION 20240509  AVAILABILITY: APPLICABILITY:  Available in all areas served byt the City of Camilla and subject toi its service rules and regulations.  Applicable to electric service where the following criteria are met: 1) Service is for agricultural production, processing or other use directly related to agriculture; and, 2) 12-month average usage is greater than 2,500 kWh per month; and, 3) Highest winter (October through May) metered demand is greater than 601 kW; and 4) Nor more than twenty percent (20%) ofa annual energy (KWh) is consumed during thes summer months  ofJ June through September.  TYPE OF SERVICE: MONTHLY RATE:  Single or three-phase, sixty (60) hertz, at a standard voltage.  Requirement: Read cycle for customer billed on this rate: shall be calendar month, spanning from the first  through last day of the month. Effective Date Base Charge Generation Demand Charge Transmission Demand Charge Energy Charge Oto 400 hr.xk kW Billing Demand Over 400 hr. xk kW Billing Demand Minimum Bill REVENUE ADJUSTMENTS:  06/01/24 $50.00 $5.00 per kW GBD $4.00 per kW TBD 11.0C per kWh 5.0C  per kWh  Base Charge plus $5.00 per kW Billing Demand  The amount calculated at the above rate is subject toi increase or decrease under the provisions oft the  effective Revenue Adjustment Rider. DETERMINATION OF GENERATION BILLING DEMAND:  The Generation Billing Demand (GBD) shall be determined as follows: consecutive summer usage period (June through September usage); and,  1) The GBD: shall be based on thel highest monthly metered demands occurring during ther mostr recent 2) The GBD shall remaini in effect unchanged for twelve consecutive months beginning with theb bill  rendered in October for September usage.  DETERMINATION OF TRANSMISSION BILLING DEMAND:  The Transmission Billing Demand (TBD): shall be the current month's metered demand.  EXCESS FACILITIES CHARGE:  The City may assess charges to recover costs of additional facilities required tot furnish service at the customer's location(s) under the provisions of the effective Excess Facilities Charge Rider.  SEASONAL AGRICULTURAL SERVICE SL2024050911    City of Camilla  SPAY/NEUTER PROGRAM  The City of Camilla has allocated $8,000.00 for the spay/neuter program for those citizens who reside within the corporate city limits of Camilla.  Eligibility Criteria:  Pets must be fully vaccinated-to include rabies. Pets must be registered and tagged and/or microchipped. Pet owners must identify how pets are housed; i.e. outside or  inside. Ifoutside, describe the enclosure Prootofsterlization scheduled appointment.  Procedures must be performed within 30 days of application  submission.  This program is for citizens who reside within the corporate city limits of Camilla. No more than (2) two pets per household can have this procedure funded by this program. Veterinarians can submit invoices to City of Camilla (In Care of: citizens name/address) PO Box 328 Camilla, GA 31730, by email: cisiteresiolamlaen, or via fax 229-336-2230. Ifclinics require payment prior to the procedure, citizens must present receipt of proofof payment and will be reimbursed  by the City of Camilla.    CITY OF CAMILLA SPAY/NEUTER PROGRAM  le  NAME OF APPLICANT ADDRESS_  PHONE NUMBER  VETERINARIAN CLINIC VETERINARIAN CLINIC ADDRESS_  VETERINARIAN CLINIC MAILING ADDRESS  ELIGIBILITY CRITERIA:  Pets must be fully vaccinated-to include rabies. Pets must be registered and tagged and/ormicrochipped. Proof of sterilization scheduled appointment.  Pet owners musti identify how pets are housed; i.e. outside or inside. Ifoutside, describe  the enclosure  Procedures must be performed within 30 days of application submission.  This program is for citizens who reside within the corporate city limits of Camilla. No more than (2) two pets per household can have this procedure funded by this program. Veterinarians can submit invoices to City of Camilla (In Care of: citizens name/address) PO Box 328 Camilla, GA: 31730, by email: etsiteredtvolamila.on, or viai fax 229-336-2230. Ifclinics require payment prior to the procedure, citizens must present receipt of proof of payment and willl be reimbursed by the City of  Camilla.  SIGNATURE  DATE