10-19-1970 Regular Meeting33
(Continuation of October 5, 1970 Meeting)
Mayor Harold L. Smith requested Council approve the City sponsoring the
Early Bird Breakfast meeting for the month of November at a•cost to the
City of $125.00. A drug abuse program is to be presented at this meeting.
Councilman J. C. Porterfield motioned that the City sponsor the breakfast
November 5, 1970. The motion was seconded by Marston Tuck and voted
unanimously. Councilman Homer Kuhl suggested that the president of the
student body in each high school be invited and Mayor Smith urged that all
Council Members attend.
Mayor Harold L. Smith mentioned that Councilman Arthur Bacon had stated
that B. F. Reed might be interested in selling his property at a total
price of $44,000, and now after a brief talk would sell for $30,000.
The Mayor stated he still thought this was too much money and would like
Council to make an offer to Mr. Reed of $22,500. Councilman Homer Kuhl
motioned that council negotiate with Mr. Reed for acquisition of his property
at an amount not to exceed $22,500. The motion was seconded by Marston
Tuck and voted unanimously.
Mayor Harold L. Smith stated Mr. 'Sam Whitfield had served on the Civil Ser-
vice Board since 1962 and that Mr. Whitfield had asked to be relieved as
of September 1, 1970. The Mayor recommended that Pete Wood be nominated
to fill this vacancy. Since Mr. Whitfield had served two years of the six
year term, Councilman Marston Tuck nominated Pete Wood to fill the vacancy
for the remaining four years. The motion was seconded by J. P, White.
Councilman John C. Porterfield in turn nominated Bill Stewart for the vacancy
and C. 0. Canada seconded the motion. Voting for Mr. Wood were Marston Tuck,
Hubert Black and J. P. White. Voting for Bill Stewart: Homer Kuhl, J. C.
Porterfield,'Arthur Bacon and C. 0. Canada. The Mayor stated Mr. Stewart
would have to be approved and take the oath of office.
Councilman, Hubert Black reported the shelving had been completed and carpet
installed at the library and it looked very good. He requested permission
to plan a dedication of this community roan in honor of Mrs. Green who spent
a great deal of time working at the library. Final plans to be brought
back at a later date. Motion seconded by Honer Kuhl, and voted unanimously.
Councilman Marston Tuck reported 20 alarms during the month of September
with damages estimated at $980.00.
Councilman Marston Tuck also stated he had talked with City Attorney and
they would at the next Council Meeting ask for adoption of the 1970 Fire
Prevention Code and update our ORDINANCE in the City to comply with the
National Fire Prevention Code.
Motion was made to adjourn by J. P. White. The time 10:52 P.M. Next
Council meeting October 19, 1970.
October 19, 1970
The regularly scheduled mid -month meeting of Mayor and Council was held
at City Hall, Smyrna, Georgia, on October 19, 1970 at 7::30 o'clock P. M.
The meeting was called to order by presiding officer Mayor Harold L. Smith
and all Councilmen were present. Also present were City Attorney G. W.
Carreker, City Clerk L. W. Charles, D. Scott Jackson, N. Proctor, -Leon
Hood, Truett Grogan, C. C. Porterfield, Don Atkinson and a representative
of the Atlanta Journal, Marietta Journal and WBIE. James E. David was absent
due to sickness., P
Invocation was by Dr. Ralph Price.
Pledge of Allegiance to the Flag was led by Sherman Stubbs.
A petition was submitted by Wm. J. MacKenna to rezone property on Spring
Street from R-1 to C-1 and R-2. On motion by Marston Tuck, November 16, 1970
was set for the hearing date on the above property. The motion was seconded
by Homer Kuhl and voted unanimously.
4
A hearing date to rezone property owned by Dr. Ralph Price, located at 1143
Concord Road from C to C-1 restricted to a professional office building,
was set for November 16, 1970 on motion by J. C. Porterfield. The motion
337
(Continuation of October 19, 1970 Meeting)
was seconded by J. P. White and vote on the motion was unanimous. A motion
authorizing the street committeelto negotiate with Dr. Ralph Price, owner
of property located at 1143 Concord Road for acquisition of road right-of-
way prior to commercial zoning was made by Homer Kuhl. Motion was seconded
by John Porterfield and approved by unanimous vote.
A third petition to rezone property located on the north side of Love Street
Extension in Land Lot 487 was submitted by Dale Koch and Larry Watts. On
motion by J. C. Porterfield, seconded by Marston Tuck, hearing date for re-
zoning the above•mentioned property from R-1 and R-2 duplex to R-2
apartments was set for November 16, 1970. Vote on the motion was unanimous.
Adoption of an amendment to the City of Smyrna Comprehensive Zoning Ordi-
nance of 1961 was approved on motion by Homer Kuhl, seconded by Marston
Tuck. The amendment changes Section 6, C-1 Local Commercial District, by
deleting paragraph A-1, and inserting in lieu thereof the following para-
graph, "Any use permitted in the R-1 and R-2 residential districts except
that no multiple family dwellings shall be allowed under this section."
Vote on the motion was unanimous. MEMO: Amendment made a part of 10-19-70
Minutes.
Councilman Marston Tuck submitted a petition for a mobile home to be
located at 2230 Beech Valley Drive (hardship case); however, since the petition
was not signed by all residents within the 300 foot radius of the location,
no vote could be taken on this matter. Mr. Paul Boulineau, petitioner,
stated he would discuss the matter with Mr. D. C. Barnes who opposed the
mobile home, and possibly resubmit the request at a later date.
A residential permit submitted by George W. Freeman, 670 Rosedale Drive,
for a T. V. repair shop, was found to comply with all City of Smyrna ordinances
and was approved unanimously on motion by Hubert Black, seconded by J. P.
White.
Commercial building permits were submitted by building inspector Leon Hood
and upon his recommendations, the following action is recorded:
1. Request by Val Car Wash, •2615 So. Cobb Drive, to erect a granite wall
4" high, 18" wide and 125' on the left side of lot, 50' across back and
25' on the right side. Permit was granted on motion by Marston Tuck, seconded
by Homer Kuhl, and voted unanimously.
2. Request by Jesse Harkins for 12' x 16' lighted sign located on west
property line 4' to 6' behind front property line -at 531 Cherokee
.Rpad Road, sign to read-"MENS DEN". Homer Kuhl stated that the size of this
sign placed it under the regulations of the Bill Board Ordinance which
requires a minimum set back of 20'•. Homer Kuhl motioned that permit
be denied, seconded by Marston Tuck and voted unanimously.
3. Young Electric Signs, Inc. requested approval of erection of single
face illuminated panels on three sides of building 6' x 201,
•':.i;,�sttached to building, H. Salt's Fish and Chips, 1005 Cherokee Road.
Approved on motion by C. 0. Canada; seconded by Marston Tuck, and
voted unanimously.
4. A second request by Young Electric Signs, Inc. for erection of one
double face illuminated pole sign 7' x 9' and a 6' x 8' revolving
section for H. Salt's Fish and Chips, 1005 Cherokee Road was approved
unanimously on motion by Marston 'hick, seconded by J. P. White.
5. Application submitted by Glendale Enterprises for building permit for
a tool shed on Estelle Court, with the only opening to the driving
range was not approved since it was stated the tool shed would be used
for commercial purposes and the property on Estelle Court is zoned
R=.f1Re8id&ntial.
Building Inspector Leon Hood stated he had contacted Mr. McLane of Cobb
Heating and Air Conditioning Company on Concord Road, and Mr. McLane had a
agreed to extend the retaining wall, behinid the building 30' more thus ful-
filling the requirements set forth by Mayor and Council, and further that
if the landscaping across the back of the lot located next east of subject
property did not hold soil -properly, a wall would-be constructed across back
of adjacent lot also.
Councilman J. P. White reported one malt beverage application for Stop &
Go, Spring Road, was in the process of being checked out. Another malt
338 t.
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(O'ontinuation of October 19, 1970 Meeting)
beverage application submitted -!by Leland J. Barge, for Piper's Fish and
Chips, 2552 So,`Cobb Drive, after having met all requirements of the
ordinance, was approved on motion by Arthur Bacon, seconded by J. P. White,
on a five to two vote. For the motion, Arthur Bacon, J. P. White, C. 0.
Canada, J. C. Porterfield and Marston Tuck. Opposed: Hubert Black and
Homer Kuhl.
In regard to the election of a new Civil Service Board member to represent
Mayor and Council, a writtentbrief prepared by City Attorney G. W. Carreker
was read in Council by Mayor Harold L. Smith calling out the election of
Bill Stewart on October 5, 1970 as invalid, therefore, making the subsequent
veto of same invalid. It was pointed out that Sam Whitfield had served
two years on an "at will" term of Mayor and Council; therefore, he would
have to be re-elected on a nunc'pro.tunc basis, that is, retroactive to
October 1968 before Council could accept atwritten resignation from
Mr. Whitfield thus,creating a vacancy on the Civil Service Board. On
nomination by Homer Kuhl, Mr. Sam Whitfield was nominated as aoa member
of the Civil'Service Board retroactive to October 1968. The nomination
was seconded by Arthur Bacon. Vote on the nomination was unanimous.
A motion waa made by J. P. White accepting -the resignation of Sam Whitfield
from the Civil Service Board effective this date. The motion was seconded
by Marston Tuck -.and voted unanimously.
t
In further action, the name of Jim Wigington was submitted to fill the un-
expired term of Sam Whitfield on the Civil Service Board to represent Mayor
and Council. Councilman Homer Kuhl made a nomination that Mr. Jim Wiging-
ton be elected to fill this vacancy.. The nomination was seconded by Marston
Tuck and voted unanimously.
Mayor Smith stated that both` Pete Wood and Bill Stewart had contacted him
requesting their names be withdrawn from possible consideration for the
vacancy on the Civil Service Board, due to adverse publicity surrounding
their previous nominations,
Councilman C. 0, Canada.reported he had contacted Mr. Rhodes of the Penn-
sylvania Tire Company in.regard t`o purchasing tires and tubes for the City
on a state contract and further called a meeting of the garage committee
for 9:30 A.M.,`Saturday, October 24, 1970, at City Hall to discuss this
matter.
At the request of Homer Kuhl, Mayor Harold L. Smittriappointed a committee
consisting of Homer Kuhl, Chairman, D. Scott Jackson, J. P. White and
C. 0, Canada to study the homestead exemption tax for the elderly and
report back to Council with recommendations. -
Councilman Homer Kuhl reported that work on Cherokee Road was scheduled
to start as of this date; however, Commissioner R. J. Austin, who was in
Council meeting stated that due to leveling, etc., it would probably be another
full week.
Mayor Harold L. Smith reported he had read in the papers that the State
Highway Department had scheduled.a public hearing in November on the
Cherokee Extension project.
It was reported that a letter had been received from the State Highway Depart-
ment approving all changes voted on in the last Council meeting pertaining
to the Love Street -Concord Road project; therefore, everything was in order
to start acquisition of rights -of -way as soon as plats are received from the
State.
Consultant Engineers Mayes, Sudderth and Etheredge reported they are working
with J. E. David on the Birch Street sewer program.
Since the dredging by the county drag line has been completed in the Stone
Creek area, Councilman'Homer Kuhl stated he would make the proper contacts
to have the Stone Creek culvert cleaned out within the next few days.
f
Mayor Harold L. Smith requested A. T. Bacon to contact B. F. Reed, Jr, in
regard to closing out of the property at 1294 Bank Street, and,to set up
a meeting for October 20, 1970 with Mr. Reed, City Attorney G. W. Carreker,
L. W. Charles and himself.
Reports on the shop lifting ordinance, new garage building, sewerage to the
339
6'
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(Continuation of October 19, 1970 Meeting)
Burson property were deferred to the next meeting.
Mayor Smith stated he had received Arletter from the Cobb County Board of
Education advising they are withholding $1,000 from the final payment to
Carter PConbtructibn�?,tCompany.,v,��-,,T��, until the 160 feet of sewer line installed
by Daniel Plumbing & Heating Company at the Wills High School is approved
by the Plumbing Inspector of the City of Smyrna.
Adoption of the 1970 Fire Prevention Code was deferred to the next meeting.
Councilman A. T. Bacon reported that installation of the underground garbage
containers is about 800 to 900 cans behind schedule at the present time.
J. C. Porterfield was asked to check into Workman's Compensation Insurance
of contractor Ezra Yancey.
The new Sanitation Ordinance was -discussed and A. T; Bacon motioned the
ordinance be adopted. The motion was seconded by Homer Kuhl. After further t
discussion, the motion and second was withdrawn and adoption of the ordinance
deferred to the next meeting.
UlJ
City equipment scheduled to be surplused was deferred to 11-2-70 meeting.
2I'J
L=7 A committee of C. 0. Canada, Marston Tuck, J. C. Porterfield And Hubert
U Black was appointed to check and make fic onmefidations on the disposition
U of Park Lane, located in Land Lot 417, also, to contact the County Board
of Education inrregard to their plans for use of the property on Ward Street
and the possibility of the City purchasing this property. The committee
was also requested to checkout and make recommendations as to the disposition
of White Oak Drive located in Land Lot 410.
On motion by Hubert Black, seconded by J. P. White, the September 8th and
September 21st 1970 Minutes were approved as submitted. The vote was unanimous.
Financial reports for September and three months cumulative were reviewed
and an explanation given as to cleaning supplies under Administrative being
over the budgeted amount., It was recommended that this particular item be
reviewed and possibly funds reapportioned to take care of the janitorial
service now being used. Comments were also made on improvements in the
garage department purchasing procedures, extensive electrical repairs in
the library, salaries in the sanitation department and a slight increase
in salaries for treatment plant employees, due to one employee working three
to four hours each Sunday checking the plants.
Mayor Harold L. Smith stated he would like Council approval to contact
Mr. Ernest Barrett, in regard to a proposal for the county dog catcher
to come into the city at least one day per week on a regular basis and
to be: -available on a call basis at an approximate figure of $50.00 per week.
Marston Tuck seconded the motion and the vote was unanimous.
Mayor Smith read a letter from the County Health Department asking that the
City of Smyrna convert the rubbish dump to a land fill operation by April 1,
1971.
Councilman Homer Kuhl stated he would check on the type insurance coverage
carried by the Evans Wrecking and Demolition Company; this company presently
tearing the oldpolice station building down. Mr. Kuhl also stated he would
discuss the demolition of the Reed house with the Evans Company officials.
Councilman J. C. Porterfield stated the next Safety Committee meeting would
be held October 28, 1970.
On motion by Hubert Black, seconded by Arthur Bacon, it was agreed that
City Hall would be closed November 27, 1970, and a skeleton crew would work
on Saturday morning, the 28th.
Councilman J. P. White recommended in the form of a motion that he be
authorized to secure bids on two new police cars, the bids,,to be opened at
the first meeting in December. The motion was seconded by Marston Tuck and
voted unanimously.
Chairman of the Police Committee, J.P. White stated he had passed out a
new wage scale for the police department on Saturday morning and motioned
that the.new scale be adopted to be effective November 16, 1970. The
motion died for lack of a second, The final decision was that a committee
meeting would be held Saturday morning, October 24, at 9:00 A. M. at which
340
4
(Continuation 61 October 191 1970 Meeting)
time the police and fire department wage scales would be reviewed and any
necessary changes made.
Meetingradjourned 9:52 P. M. Next Meeting 11-2-70.
MARSTON TUCK, COUNCILMAN WARD .L
FIRE, PARKS & RECREATION
k �
L. W. CHARLES, CITY CLERK
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WHITE, COUNCILM
OLI E, CIVIL DEFENSE
r
9
ARTHUR BACON, COUNCILMAN WARD 3 HOMER KUHL, COUNCILMAN WARD 4
SANITATION STREETS & MAINTENANCE
2-
C. 0, CANADA, COUN ILMAN WARD 5
GARAGE, TREAIM PLANTS
UBERT BLACK, COUNCILMAN WARD 7
FINANCE & ALMINISTRATION
J � X
C. 1
PORTS D, COUNCILMAN WARD 6
WFER
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AN<.ORDIRANCE TO AMEND AN ORDINANCE
BE IT ORDAINED BY THE MAYOR ANP COUNCIL OF THE CITY OF•SAYRNA,.
-and it is hereby ordained by authority of same as follows:
SECTION I: x
WHEREAS, the Charter'of the•City of Smyrna, as amended, and
particularly as amended by Georgia Laws, 1943, Page,1586, et. seq.•,.au-
thori zes the Mayor ad Council of the° City of Smyrna to pass zoning and
planning laws whereby the said City may be zoned or districted for various
uses �nd other or different uses prohibited therein and to regulate the
1
use for which said zones or districts may be set apart.and to regulate
the plans for the development -and improvement of real estate in -said City;
and
WHEREAS, a Comprehensive Zoning Ordinance was approved in 1961
and whereas, pursuant to the -,rules and regulations of the Charter of the
City df Smyrna'and the Comprehensive ,Zoning Ordinance of 1961, the
Comprehensive`Zofiing Ordinance 6f 1961 is hereby amended as follows:
By amending Section-5 - C-1 Local Commercial District - by
R ` delhting paragraph A-1, and,inserting in lieu thereof the following
x paragraph, "Any use permitted,in the R-1 and=R-2.residential.districts
except that no multiple family,dwellings shall be -allowed under this
section".
Adopted 10-19-70.
4
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4
i
i
O. W. CAR REKER
ATTORNEY -AT -LAW r '4
565 CHEROKEE RD.
6MYRNA, GA.. 30080 •.
P.O BOX tag
6MYRNA. GA., 30060 '
PHONE 436-6288
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This document has important legal consequences; consultation with an attorney is encouraged with. respect
to its completion or modification.
t
STANDARD
FORM OF .AGREE-MENT
BETWEEN OWNER AND ENGINEER
FOR
`+ PR'OFESSIONAL SERVICES
� { S ,
1 h.vued by
- j PROFESSIONAL. ENGINF,F,RS IN PRIVATE•'PRACI'ICE a {
•fe I
A practice section u/ /he
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS,, '. .
(OJ 1970, NATIONAL. SOCIETY OF PROFESSIONAL. ENGINEERS i y
2029 K S,rio:F•.T, N.W., WASInNG"rON, D. C. 20096
NSPE 1910-1 (1970 Edition) "4•
TABEL OF CONITNTS
Page No.
IDENTIFICM ION OF THE PARTIES AND GENERAL
DESCRIPTION OFTHE PRO.IFc,r ..... -------- ............ ..............
SECTION
ANI) PROGRAM REPORT
......
SECTION
2—BASIC
SERVICES OFTIll-' ENGINEER ...................................
2
2.1. General — ------ --------- --- - --------- - .......... ....................................
2
2.2. Schematic Plannin(l, Phase ................ ................................
...... 2
2.3. Prelimin;lry !)k,,n Pl,aVc - -------- ... .... --------------------- : ..............
2
2.4. Final Design Plm- ... .. . ......................................................
2
2.5. Ridding or Nc!totia(ing Plm,,( . .................... ..........................
2.6. Cowtruction ................ .....................................
2
SECTION
3—AI)I)ITI0NAI_
�1.k\'ICFS OF I IIF ENGINEER ......................
3
3.1. Gencr;il I . ..... .... ......... ............... ........................
3
1.2. Rcsidcn, Sclvicrs D[ffill.v, Coll"11,11clioll ..................................
SI:CI"ION
4-
-TIII: (AVNI;R'S IZ 1:,Sl'()NSI BI 111*1 ..... ..... ..........
4
SECTION
5-111"IMA)
OF SI:RVI('I: ................ .................... .....................
5
SECTION
6—PAYN,lF`N'IST()TflF
I.N(T*INIJIZ ......................... ....................
6.
6.1. Methods of P;iyInclit's I'()'- Services and Expenses
of the 1:1111,111ccl, ........... ................. I ......................
6
6.2. '1 inics of Pavilmit ............... .......
......
6.3. General .......... .................................... ..........
7
SECTION
7—GENFIRAI.
( ONSIDFItA'l JONS .......... ................ _----------
7.1. lermin;111011 .... ....... ....... ................ _ .......................
7.2. O\vncrship of Doclillic"ll, . . ....... ........... ............. ............
7.3. F,,limcifcs ...... ... .... . .......... ...................
8
7.4. Arbili-ation- ......................................
.......... 8
7.5. Insurance - ----- -- ....... ....... ........ ............. __ .............................
8
7.6. Successors and Assigns .................. ..................... .............
9
SECTION 8—SPECIAL
PROVISIONS . . .. ... . ...... .................... . .................
9
1
STANDARD E ORM 01 AGRL•EMENT
I1ETWI:LN
OWNL.R AND FNGINEER
FOR
I'ROII':SSIONAL SERVICES
THIS AGREEMENT made as of ..................
Y7t}a ......
t.......... day of .....-----B;t- ............
in the year Nineteen Hundred and ... aov". .ty................... ....... by and between
t
cr --- THE--Vil.i..OF-.SMYRN. ,...�.fEO.RGIf'i........ ............_.............................. ....................
—
`• ....... ......... ...... ........................-_............. . .... .... ........... .. ....... ........ (hereinafter called the OWNER) and
A+ &Y .--£UDDERTH- A.ND_ETHERE ?"o...INC.-------------------------- - --
............................................................................... ......... ........................... ........ ......... (hereinafter called the ENGINEER) .:
WITNESSETH, that whereas the OWNER intends to ..Tet><►i�A-t_.e..eerviCoB--of > ie eugfnee 0 !fit pro-
.... ............ ....------- -----
!r�i �.. � +4a . advice and service to h® Owner for various ®>�ils�ea�ring Pr ec e.
.............................................
onsvltaifon........-- .
........................................................................................................................................................................................................
a;C'-,CZ 1"f CB>�1321....................•--..........................---........----.... (hereinafter called the Project).
NOW THEREFORE, the OWNER and the ENGINEER in consideration of their mutual covenants herein agree in
respect of the performance of professional engineering services by the ENGINEER and the payment.for those services
by the OWNER, as set forth below.
The ENGINEER will serve as the OWNER's professional engineering representative in those phases of the Project to
which this Agreement applies, and will give consultation and advice to the OWNER during the performance of his services. ;
SECTION I —CONCEPT DEVELOPMENT AND PRO- OWNER's representative in connection with any such
GRAM REPORT services.
--
1.3. Provide special analysis of the OWNER's needs,
After written authorization to proceed, the ENGINEER planning surveys, site evaluations and comparative studies
t will: of prospective sites and solutions.
1.1. Consult with the OWNER to determine the 1.4. Provide general economic analysis of the OWNER's
OWNER's requirements for the Project. requirements applicable to various alternatives.
1.2. Advise the OWNER as to the necessity of his pro- 1.5. Prepare a Program Report with findings and reeom-
viding or obtaining services or data from others of the mendations for the Project and furnish SM copies of
- types described in paragraph 4.3, and act as the the same to the OWNER. ten
ems,
' � Page I of A V . pages
SECTION 2—BASIC SERVICES OF TH1? FNGINEGR
2.1. General.
2.1.1. The ENGINEER will perform professional design
services it', connection, with the Projcct :is hcreinater
staled which shall include normal civil, stiuctural, me-
chanical and electrical engineering services and normal
architectural design services incidental thereto.
2.2. Schematic Planning Phase.
After written authorization to proceed with the Schematic
Planning Phase the ENGINEER will:
2.2.1. Review with the OWNER his rcxluirements for
the Project.
2.2.2. Advise the OWNER as to the necessity of his
providing or obtaining from others any additional serv-
ices or data of the types described in paragraph 4.3, and
act as the OWNER's representative in connection with any
such services.
2.2.3. On the basis of the OWNER's requirements and
the data obtained as a result of the services provided in
accordance with paragraphs 1.2, 1.3, and 2.2.2, prepare
schematic planning documents indicating clearly the con-
siderations involved and the alternate solutions available
to the OWNER; the schematic design shall include
schematic layouts, sketches and preliminary design cri-
teria, and set forth the F_NGINEER's rcconimendations
and establish the scope of the Project.
2.2.4. Prepare a imihary cost estimate for the Project.
2.2.5. Furnishcopies of the above schematic docu-
ments anct estimate.
2.3. Preliminary Design Phase.
After written authorization to proceed with the Pre-
liminary Design Phase, the ENGINEER will:
2.3.1. On the basis of the approved schematic docu-
ments prepare preliminary design documents consisting
of, final design criteria, preliminary drawings and outline
specifications.
2.3.2. Prepare if revised preliminary cost estimate for
the Project based on the information contained in the
preliminary design documents.
2.3.3. Furnish two copies of the above preliminary de-
sign documents and revised estimate.
2.4. Final Design Phase.
After written authorization to proceed with the Final
Design Phase the ENGINEER will:
2.4.1. On the basis of the approved preliminary design
documents prepare for incorporation in the Contract
Documents, detailed drawings to show the character and
scope of the work to be performed by contractors on the
Project thereinafter called the "Drawings"), and instruc-
tions to bidders, general conditions, special conditions and
technical provisions (all of which are hereinafter called'
the "Specifications").
'.4.2. Furnish to the OWNER such'documents and de-
swn data as may be required for, and assistinthe prepara-
tion of, the required documents so that the OWNER may
secure approval of such governmental 'authorities as have
jurisdiction over design criteria applicable�to the Project.
2.4.3. Advise the OWNER of any adjustment of the
cost estimate for the Project caused by changes in scope,
design requirements or construction costs and furnish .a
revised cost estimate for the Project based on the final
Drawings and Specifications.
2.4.4. Prepare proposal forms and notice to bidders and
assist in the preparation of the Contract Documents.
2 4.5. Furnish five copies of the final Drawings and
Specifications.
2.5. Bidding or Negotiating Phase.
After written authorization to proceed with the Bidding
or Negotiating; Phase, the ENGINEER will:
2.5.1. Assist the OWNER in obtaining and evaluating
bids or negotiating proposals and preparing construction
contracts.
2.5.2. Consult with and advise the OWNER as to the
acceptability of subcontractors and other, persons and
organizations proposed by the prime construction con-
tractors) (hereinafter called "Contractor(s)') for those
portions of the work as to which such acceptability is
required by the bidding documents.
2.5.3, "['his Phase shall terminate upon. commencement
of the Construction Phase or upon cessation of negotia-
tions with Contractor(s) (except as may otherwise be re-
quired to complete the services called for in paragraph
7.3.2.5).
2.6. Construction Phase.
The Construction Phase will commence with the execu-
lion of the first of the prime construction contract(s) to
he executed (or on such other date as may be specified
by the OWNER for commencement'of the work under
any construction contract) and will terminate upon writ-
ten approval of final payment by the ENGINEER to all
of the Contractor(s). During the Construction Phase the
ENGINEER will:
16.1. Consult with and advise the OWNER,and act as
his representative as provided in Articles 1 through- 42,
inclusive, of the Standard General Conditions of the Con-
struction Contract, National Society of Professional En-
gineers document # 1910-8, 1970 edition; the extent and
limitations of the duties, responsibilities and authority of
Page 2 of __1._ pages
i t
the ENGINEER as assigned in said Standard General
Conditions shall not be modified without the I;Nt:;INF.IiR's
written consent; all of the OWNER's instructions to the
Contractor(s) shall be issued through the ENGINL`EER
who shall have authority to act on behalf of' the OWNI:.R
to the extent provided in said Standard Gcncral Condi-
tions except as otherwise provided in writing.
2.6.2. Make periodic visits to the site to observe the
progress and quality of the executed work and to deter-
mine in general if the work is proceeding in accordance
with the Contract Documents; he will not be required
to make exhaustive or continuous on -site inspections to
check the quality or quantity of work; he will not be
responsible for the construction means, methods, tech-
niques, sequences or procedures or the safety precautions
and programs incident thereto; his efforts will be directed
toward providing assurance for the OWNER that the
completed Project will conform to the requirements of
the Contract Documents, but he will not be responsible
for the failure of Contractor(s) to perform the construc-
tion work in accordance with the Contract Documents;
and during such visits and on the basis of his on -site
observations as an experienced and qualified design pro-
fessional, he will keep the OWNER informed of the
progress of the work, will endeavor to guard the OWNER
against defects and deficiencies in the work of Con-
tractor(s) and may disapprove or reject work as failing
to conform to the Contract Documents,
2.6.3. Review and approve shop drawings, diagrams,
illustrations, brochures, catalog data, schedules and sam-
ples, the results of tests and inspections and other data
which any Contractor is required to submit, but only for
conformance with the design concept of the Project and
compliance with the information given in the Contract
Documents; and receive and review maintenance and
operating instructions, schedules, guarantees, bonds and
certificAtes of inspection which are. to be assembled by
the Contractor(s) in accordance with the Contract Docu-
ments.
2.6.4. Issue all instructions of the OWNER to the Con-
tractor(s); prepare routine change orders as required; he
may, as the OWNER's representative, require special in-
spection or testing of the work; he will act as interpreter
of the terms and conditions of the Contract Documents
and judge of the performance thereunder by the parties
thereto and will make decisions on all claims of the
OWNER and the Contractor(s) relating to the execution
and progress of the work and all other matters and ques-
tions related thereto; but the ENGINEER will not be
liable for the results of any such interpretations or deci-
sions rendered by him in good faith.
2.6.5. Based on his on -site observations as an experi-
enced and qualified design professional and on his review
of Contractor(s)' applications for payment and supporting
data, determine the amount owing to the Contractor(s) and
approve in writing payment to the Contractor(s) in such
amounts; such approvals of payment shall constitute a
representation to the OWNER, based on such observations
and review, that the work has progressed to the point
indicated and that, to the best of his knowledge, infor-
mation and belief, the quality of the work is in accordance
with the Contract Documents (subject to an evaluation
of the work as a functioning Project upon Substantial
Completion, to the results of any subsequent tests called
for in the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion
and to any qualifications stated in his approval), but by
approving an application for payment the ENGINEER
shall not be deemed to have represented that he has
made any examination to determine how or for what pur-
poses any Contractor has used the moneys paid on ac-
count of the Contract Price.
2.6.6. Conduct an inspection to determine if the Project
is substantially complete and a final inspection to determine
if the Project has been completed in accordance with the
Contract Documents and if each Contractor has fulfilled
all of his obligations thereunder so that the ENGINEER
may approve, in writing, final payment to each Con-
tractor.
2.6.7. The ENGINEER will not be responsible for the
acts or omissions of any Contractor, any subcontractor or
any of the Contractor(s)' or subcontractors' agents or em-
ployees or any other person performing any of the work
under the construction contract.
SECTION 3—ADDITIONAL SERVICES OF THE
ENGINEER
3.1. General.
If authorized in writing by the OWNER, the ENGINEER
will furnish or obtain from others Additional Services of
the following types which are not considered normal or
customary Basic Services; these will be paid for by the
OWNER as indicated in Section 6.
Ln*e'ctionfcwi'th
.1. Preparation of applications and supporting docu
nts overnmental grants, loans or advances in con
public works projects.
3.1.2. Services to make measured drawings of or to in-
vestigate existing conditions or facilities, or to verify the
accuracy of drawings or other information furnished by
the OWNER.
3.1.3. Additional services resulting from significant
changes in general scope of the Project or its design in-
cluding, but not limited to, changes in size, complexity.
OWNER's schedule, or character of construction.
3.1.4. Providing renderings or models for the OWNER's
use.
Page 3 of 11-.-. pages
*Delete as additional services and put as Item 2. 2. 6 wader Schenvaic-
Planning Phase.
M
3.1.5. Revising previously approved studies, reports,
design documents, Drawings or Specifications, when such
revisions are due to causes beyond the control of the
ENGINEER.
3.1.6. Preparing documents for alternate hills requested
✓'``= by the OWNER for work which is not executed or docu-
ments for out -of -sequence work.
3.1.7. Investigations involving detailed consideration of
operations, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense state-
ments, feasibility studies; appraisals and valuations; de-
tailed quantity surveys of material, equipment and labor;
and audits or inventories required in connection with
construction performed by the OWNER.
3.1.8. Furnishing the services of special consultants for
other than the normal civil, structural, mechanical and
electrical engineering and normal architectural design in-
cidental thereto, such as consultants for interior design,
selection of furniture and furnishings, communications,
acoustics, kitchens and landscaping.
3.1.9. Additional services resulting from the Project in-
volving more than one prime construction contract, or
separate construction contracts for different building
trades, or separate equipment contracts; provided that
additional compensation for such services is not provided
under paragraphs 6.1.2.2 or 6.1.2.4.
3.1.10. Services in connection with change orders to
reflect changes requested by the OWNER if the resulting
change in compensation for Basic Services is not com-
mensurate with the additional services rendered.
3.1.11. Services necessitated by out-of-town travel rc-
quired of file EN61NI'EIZ other than visits to the
Project site as required by Section 2.
3.1.12. Preparing for the OWNER, on request, a set
of reproducible record prints of Drawings showing those
changes made during the construction process, based on
the marked -up prints, Drawings and other data furnished
by the Contractors to the ENGINEER and which the
ENGINEER considers significant.
3.1.13, Additional or extended services during construc-
tion made necessary by (1) work damaged by fire or other
cause during construction, (2) a significant amount of de-
fective or neglected work of any Contractor, (3) prolon-
gation of the construction contract time of any prime
construction contract by more than sixty days, (4) accele-
ration of the work schedule involving services beyond
normal working hours, and (5) default by the Contractor
under any prime construction contract.
3.1.14. Preparation of operating and maintenance man-
uals; extensive assistance in the utilization of any equip-
ment or system (such as initial start-up, testing, adjusting
and balancing); and training personnel for operation and
maintenance.
3.1.15. Services or consultation after completion of the
Construction Phase, such as frequent inspections during
any guarantcc period and reporting observed discrepancies
under guarantees called for in any construction contract.
3.1.16. Preparing to serve or serving as a witness for
the OWNER in any litigation or other proceeding involv-
ing the Project.
3,1.17. Additional services in connection with the Pro-
ject, including services normally furnished by the OWNER
and services not otherwise provided for in this Agreement.
3.2. Resident Services During Construction.
3.2.1. If requested by the OWNER or recommended by
the ENGINEER and approved in writing by the other, a
Resident Project Representative and assistants will be
furnished andwill act as directed by the ENGINEER
in order to provide more extensive representation at the
Project site during the Construction Phase. Such services
will be paid for by the OWNER as indicated in paragraph
6.1.3.4,
3.2.2. The duties and responsibilities and the limitations
on the authority of the Resident Project Representative
and assistants shall be set forth in Exhibit A which is to
be identified, attached to and made a part of this Agree-
ment before such services begin.
3.2.3. Through more extensive on -site observations of the
work in progress and field checks of materials and equip-
ment by the Resident Project Representative (if furnished)
and assistants, the ENGINEER will endeavor to provide
further protection for the OWNER against defects and
deficiencies in the work, but the furnishing of such resi-
dent project representation shall not make the ENGINEER
responsible for construction means, methods, techniques,
sequences or procedures or for safety precautions or pro-
grams, or for the C ontractor(s)' failure to perform the
construction work in accordance with the Contract Docu-
ments.
SECTION 4—THE OWNER'S RESPONSIBILITIES
The OWNER will:
4.1. Provide full information as to his requirements for
the Project.
4.2. Assist the ENGINEER by placing at his disposal
all available information pertinent to the Project includ-
ing previous reports and any other data relative to design
and construction of the Project.
4.3. Furnish the ENGINEER services or data as re-
quired by paragraphs 1.2 and 2.2.2, such as core borings,
probings and subsurface explorations, hydrographic sur-
veys, laboratory tests and inspections of samples, materials
Page 4 of I!_ pages
L.
0
and equipment; appropriate professional interpretations of
all of the foregoing; property, boundary, caticnicnt, light
of way, topographic and utility surveys, zoning and dCCd
restriction; and other special data or consultations not
covered in paragraph 3.1; all of which the I:N(iIN1?11.
may rely upon in performing his services under this
Agreement.
4.4. Guarantee access to and make all provisions for the
ENGINEER to enter upon public and private property
as required for the ENGINEER to perform his services
under this Agreement.
4.5. Examine all studies, reports, sketches, estimates,
Specifications, Drawings, proposals and other dOCUments
presented by the ENGINEER and render in writing
decisions pertaining thereto within it reasonable time so
as not to delay the services of the ENGINEER.
4.6. Pay for all costs incident to obtaining bids or pro
posals from contractors.
4.7. Provide such legal, accounting and insurance coun-
seling services as may be required for the Project, and
such auditing service as the OWNER may require to
ascertain how or for what purpose any Contractor has
used the moneys paid to him under the construction
contract,
4.8. Designate in writing a person to act as OWNER's
representative with respect to the work to be perfornied
under this Agreement; and such person shall have com-
plete authority to transmit instructions, receive informa-
tion, interpret and define OWNER's policies and decisions
with respect to materials, equipment, elements and sys-
tems pertinent to the services covered by this Agreement.
4.9. Give prompt written notice to the I{NGINF.ER
whenever the OWNER observes or otherwise becomes
aware of any defect in the Project. -
4.10. Furnish approvals and permits from all govern-
mental authorities having jurisdiction over the Project and
such approvals and consents from others as may be neces-
sary for completion of the Project.
4.11. Furnish, or direct the ENGINEER to provide,
necessary Additional Services as stipulated in Section 3
of this Agreement or other services as required.
4.12. Bear all costs incident to compliance with the re-
quirements of this Section 4.
SECTION 5—PERIOD OF SERVICE
5. The services called for in the Concept I
t - and Progr )ort Phase completed and the
Program Re rtte ' ....... dar days
tot g the a t ef ioCTo r ed.
f
5.2. 'l he services called for in the Schematic PI:
11:tse ,Hall be completed and the schematic plan
ni its and estimate submitted within ------------ ca
lay following the authorization to proceed with that
of a rviccs.
5.3. fter acceptance by the OWNER of the sc ematic
locum nts and estimate, indicating any specific difica-
tions o changes in scope desired by the OWN R, and
upon w 'iten authorization from the OWNER, th ENGI-
NEF,R ill proceed with the performance of th services
called fo in the Preliminary Design Phase, an will sub-
mit prclin inary design documents and a revis estimate
within ........... calendar days following the a horization
to proceed ith that phase of services.
5.4. After cceptance by Jhe OWNER of th preliminary
design docu ents and r r estimate, in icating any
specific modi ations or c Tb4s in scope sired by the
OWNER, an upon wrauthorizati n from the
OWNER, the GINEER will proceed wi the perform-
ance of the sery es called kthe Fina Design Phase,
so as to deliver nal Drawn Specific ions.and a re-
vised estimate fo all authori d work on the Project
within ............ cal ndar day ter the authorization to
proceed with that p ase of s v'ces.
5.5. The ENGINE R's soF.Qces un er •'the Schematic
Planning Phase, Prelin 'na es n P age and Final De-
sign Phase .shall each be con ider d complete, at the
earlier of (1) the date when the ubmissions for that
phase have been accepte by the WNER or (2) thirty
clays after the date when uch su missions are delivered
to the OWNER for final a rov
5.6. Unless this Agreement V been terminated_ as pro-
vided in paragraph 7.1, the NGINEER will be obli-
gated to render services hereu d r for a period which may
reasonably be required for t d ign, award of contracts
and construction of the Pr ect i luding extra work and
any required extension t reto, a ENGINEER may
decline to render further rvices her under if the OWNER
fails to give prompt wri en authoriza idn to proceed with
the Schematic Plannin Preliminary sign, Final Design
or Bidding or Negoti, ing Phase after ompletion of the
immediately preced' g phase, or if a Construction
Phase has not co ienced within ._:..._..... calendar days
(plus such additi al time as may be re ired to com-
plete the service called for under paragraph 7.3.2.5) after
completion of e Final Design Phase.
5.7. If the P
WNER has requested sign ificanN modifica-
tions or c nges in the scope of the Project, the time
of perfor ance under paragraphs 5.2, 5.3 and 4 shall
he adjus d appropriately.
1 the design or construction of the Project de-
layed . ignilicantly for reasons (including costs of con ruc-
ti/nto�
hcyond the ENGINEER's control, the various r tes
of mshall be subject to reneeotiat�on -
Page 5 of .11... pages
Q
I
SECTION 6—PAYMF.Ni-S TO THE l-N61NFER
6.1. N9ethods of Payment for services and Fx'penses of
the ENGINEER.
6.1.1. Concept Development and Program Report. The
OWNER will pay the INGINEER for the ( oncept Oc-
velopment and Program Report services rendered under
Section 1 an amount hased on the payroll costs times a
factor of _r....-- for services rendered by principals and
employees assigned to the Project at regularly esrihlished
offices of the ENGINEER plus all reimbursable expenses.
6.1.2. Basic Services. The OWNER will pay the ENGI-
NEER for Basic Services rendered under Section 2 on
one of the following bases (except as otherwise provided
in „araoranh 6.1.2.6) :
1.2.1. Lump Sum. If the Project is awarded on the
ba ' of one prime construction contract, a lump su
feeo •---- - -----------------
or
6.1.2.2. Lu Sum. If the Project is aw ded on
the basis of not ore than prime nstruction
contracts, a lump um fee of $............... ..._...
or
6.1.2.3. Percentage. f the Pro ct is awarded on
the basis of one prime c structi contract ................
percent of the Project cons uc on cost.
or
6.1.Inacentage. If e Pro ct is awarded on the
basmore th. rime construction
con....... p CA L the P 'ect construction
cos��+
or��6.1roll Cost Time a Factor. A amountbaspayroll coshes a factor of .... ..........forrendered bycipals and employe assig Project at >�'Narly established offices of
ENGINEER plus all rei bursable expenses.
or
6.1.2.6. Other Method. (To be used in case one of
the above methods of compensation is not applicable.)
(Refer to and attach schedule when applicable)
(See Section 8)
6.1.3. Additional Services. The OWNER will pay the
ENGINEER for Additional Services rendered under Sec-
tion 3 as follows:
6.1.3.1. General. For Additional Services rendered
under paragraphs 3.1.1 through 3.1.17, inclusive (except
services covered by paragraph 3.1.9 and services as a
witness under paragraph 3.1.16) on the basis of pay-
roll costs times a factor of .,s....... for services
rendered by principals and employees assigned to the
Project at regularly established offices of the ENGI-
NI-ER plus all reimbursable expenses.
6.1.3.2. .Special Consultants. The OWNER will pay
the ENGINEFR for services of special consultants
covered by paragraph 3.1.8, the amount ii,191
to the
ENGINEER therefor times a factor of -----------. plus
all of the ENGINEER's reimbursable expenses in con-
nection therewith.
6.1.3.3. Serving as a 1,Vitness. The OWNER will pay
the ENGINEER for the services of the principals and
employees as witnesses in accordance with paragraph
3.1.16 at the rate ofAftake--oo..6a1-1)-_--------------
........................................................
per day or any portion thereof plus all reimbursable
ex cnscs. (` vivel within a 54 a radiufil
Of rna - non Chargeable)
6.1.3.4. Resident Project Services. The OWNER
will pay the ENGINEER for resident services during
construction furnished under paragraph 3�2.b on the
basis of payroll costs times a factor of ..--'-......... for
services rendered by principals and employees assigned
to field offices in connection with resident Project
representation plus all reimbursable expenses.
6.1.4. Reimbursable Expenses. The OWNER will pay
the ENGINEER the actual costs of all reimbursable ex-
penses incurred as provided in paragraphs.6.1.1, 6.1.2.5,
6.1.2.6 and 6.1.3.
6.1.5. As used in this paragraph 6.1, the terms "project
construction cost", "payroll costs" and "reimbursable
expenses" shall have the meanings assigned to them in
paragraphs 6.3.1, 6.3.4 and 6.3.5.
6,2. "Times of Payment.
6.2.1. The OWNER will make prompt monthly pay-
ments in response to the ENGINEER's monthly detailed
statements for all categories of services rendered under
this Agreement and for reimbursable expenses incurred.
2. UponDiE%rZa
h.nomh the Schemat
Plan se, �n it---- ...... shall
be made as or Basic Services and
this a all ted to the final payment to be
ade for Basic Services perfor t
6.2.3. In the case of payments for Basic Services on the
basis of a lump sum or a percentage of construction cost
under paragraphs 6.1.2.1 through 6.1.2.4. inclusive, upon
conclusion of each phase of Basic Services, compensation
for all phases of Basic Services rendered shall amount to
the following percentages of the total compensation pay-
able for all phases of Basic Services:
(1) Schematic Planning Phase 15%
(2) Preliminary Design Phase 35%
(3) Final Design Phase 75%
(4) Bidding or Negotiating Phase 80%
(5) Construction Phase 100%
Page 6 of _11--- pages
6.2.4. Payments for Basic Services in accdrdance with
paragraph 6.1.2.6 shall be made as follows:
(Refer to and attach schedule when applicable)
6.3. General.
6.3.1. Project construction cost when used as a basis for
payment shall be based on one of the following sources
with precedence in the order listed:
6.3.1.1. For completed construction the total cost of
all work performed as designed or specified by the
ENGINEER.
6.3.1.2. For work not constructed, the lowest bona
fide bid "received from a qualified bidder for such work;
or if the work is not bid, the lowest bona fide negotiated
proposal for such work.
6.3.1.3. For work for which no such bid or proposal
is received, the ENGINEER's most recent cost estimate
for the Project. Labor furnished by the OWNER for
the Project shall be included in the construction cost
at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment fur-
nished by the OWNER shall be included at current
market prices except that used materials and equipment
shall be included as if purchased new for the Project.
6.3.2. Such Project construction cost shall be the total
cost of the Project to the OWNER, but it shall not in-
clude the ENGINEER's compensation, the. cost of the
land, rights -of -way, or compensation for and/or damages
to properties unless this Agreement so specifies, nor shall
it include the OWNER's legal, accounting, insurance
counseling, or auditing services or interest charges in-
curred in connection with the Project.
6.3.3. No deduction shall be made from the ENGI-
NEER's compensation on account of penalty, liquidated
damages, or other amounts withheld from payments to the
Contractor(s).
6.3.4. The payroll costs used as a basis for payment
shall mean the salaries and wages paid to principals and
employees engaged directly on the Project, including, but
not limited to, engineers, architects, surveymen, designers,
draftsmen, specification writers, estimators, other technical
personnel, stenographers, typists and clerks; plus the cost
of fringe benefits including, but not limited to, social
security contributions, unemployment, excise and payroll
taxes, workmen's compensation, health and retirement 6.3.8. If, prior to termination of this Agreement, any.
benefits, bonuses, sick leave, vacation and holiday pay work designed or specified by the ENGINEER under
applicable thereto. For the purposes of this Agreement, Section I or during any phase of the Basic Services is
the principals of the ENGINEER and their - hourly salary ' suspended in whole or in part for more than three
rates are: months or is abandoned, after written notice from the
33. QO/hr.. , C. E. MeredgO ONN'NER, the ENGINEER shall be paid for services per-
--- - ----
B. D. Sudderth, $30. �Q $r. formed prior to receipt of,such notice from the OWNER
......------•------•......... ...................................
as provided in paragraph 6.3.7 for termination during any
6.3.5. Reimbursable expenses shall mean the actual ex- phase of his services.
penses of transportation and subsistence of principals,
employees and consultants for the normal civil, structural,
mechanical and electrical engineering services and the
normal architectural services incidental thereto when
traveling in connection with the Project; expenses inci-
dental to obtaining bids or proposals from contractors;
expenses of furnishing and maintaining field office facili-.
ties; subsistence and transportation of Resident Project
Representatives and their assistants; toll telephone calls
and telegrams; reproduction of reports, Drawings and
Specifications, and similar Project -related items in addi-
tion to those required under Sections 1 and 2; expense of
computer time including an appropriate charge for pre-
viously established programs; and, if authorized in ad-
vance by the OWNER, expense of overtime work requir-
ing higher than regular rates. -
6.3.6. If the OWNER fails to make any payment due
the ENGINEER on account of his services and expenses
within sixty days after receipt of the ENGINEER's bill
therefor, the amounts due the ENGINEER shall bear
interest at the legal rate in force at the principal place of
business of the ENGINEER from said sixtieth day, and
in addition the ENGINEER may, after giving seven days'
written notice to the OWNER, suspend services under
this Agreement until he has been paid in full all amounts
due him on account of his services and expenses.
6.3.7. If this Agreement is terminated upon the comple-
tion of the ENGINEER's services under Section 1, or at
the completion of any phase of the Basic Services called
for under Section 2, progress payments to be made to
the ENGINEER on account of services rendered shall
constitute total payment for services rendered. If this
Agreement is terminated during any phase of the Basic
Services when the ENGINEER is being compensated on
the basis of a lump sum or a percentage of construction
cost, the ENGINEER shall be paid for services rendered
on the basis of his reasonable estimate of the portion of
such phase completed prior to termination. If this Agree-
ment is terminated during services under Section 1 or
during any phase of Basic Services when the ENGINEER
is being compensated on the basis of payroll times a
factor, the ENGINEER shall be paid for services rendered
to the date of termination. In the event of any termina-
tion, the ENGINEER will be paid for all his reasonable
expenses resulting from such termination, and for any
unpaid reimbursable expenses. Any primary payment
made under paragraph 6.2.2 shall be credited to any
terminal payment due -the ENGINEER.
Page 7 of ..1.V pages
c�.
Yy.
SECTION 7—GENERAL CONSIDERATIONS
7.1. Termination.
This Agreement may be terminated by either, party by
seven days' written notice in the event of suhstuntial
failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating
party. If this Agreement is so terminated, the ENGINEER
shall be paid as provided in paragraph 6.3.7.
7.2. Ownership of Documents.
All documents, including original drawings, estimates,
specifications, field notes and data are and remain the
property of the ENGINEER as instruments of service.
The OWNER may at his expense obtain a set of repro-
ducible record prints of drawings and copies of other
documents, in consideration of which the OWNER will
use them solely in connection with the Project, and not
for the purpose of making subsequent extensions or en-
largements thereto and he will not sell, publish or display
them publicly. Re -use for extensions of the Project, or
for new projects, shall require written permission of the
ENGINEER and shall entitle him to further compensa-
tion at a rate to be agreed upon by OWNER and ENGI
NEER.
7.3. Estimates.
7.3.1, Since the ENGINEER has no control over the
cost of labor, materials or equipment, or over the Con-
tractor(s)' methods of determining prices, or over compcti-
tive bidding or market conditions, his estimates of cost
for the Project provided for herein are to he tnacde on
the basis of his experience and qualifications and represent
his best judgment as a design professional familiar with
the construction industry, but the ENGINEER cannot
and does not guarantee that proposals, bids or the Project
construction cost will not vary from cost estimates pre-
pared by him.
7.3.2. If, as a condition to this Agreement, a Project
construction cost limit is established, the following shall
apply:
7.3.2.1. The approval by the OWNER at any time
during the Basic Services of a revised cost estimate in
excess of the then established cost limit, shall constitute
a corresponding increase in the Project construction
cost limit.
7.3.2.2. Any Project construction cost limit established
by this Agreement shall include a hidding contingency
of ten percent unless another amount is agreed upon
r
in writing.
7.3.2.3. The ENGINEER shall be permitted to de-
termine what materials, equipment, component systems
and types of construction are to be included in the
Drawings and Specifications and to make reasonable
adjustments in the scope of the Project to bring it
within the cost limit.
7.3.2.4. If the Construction Phase -has not commenced
within six months of the completion of the Final Design
Phase, the established Project construction cost limit in
this Agreement shall not he effective or binding on the
ENGINEER, and the OWNER will consent to an ad-
justment in such cost limit commensurate with any
change in the general level of prices in the construction
industry between the date of completion of the Final
Design Phase and the date on which proposals or bids
.
are sought.
7.1.2.5. If the lowest bona fide proposal or bid exceeds
the established Project construction cost limit, . the
OWNER will (1) give written approval to increase such r
cost limit, (2) authorize negotiating or rebidding the
Project within a reasonable time, or (3) cooperate in
revising the Project scope. In the case of (3), the EN-
GINEER will, without additional charge, modify the
Drawings and Specifications as necessary to bring the
Project construction cost within the cost limit. The pro-
viding of such service shall be the limit of the ENGI-
NFER's responsibility in this regard and having done
so, the ENGINEER shall be entitled to payment for
his services in accordance with this Agreement.
7.4. Arbitration.
T4.1. All claims, disputes and other matters in question
arising out of, or relating to, this Agreement or the
breach thereof shall he decided by arbitration in accord-
ance with the Construction Industry Arbitration- Rules
of the American Arbitration Association then obtaining. '
'I his agreement so to arbitrate shall be specifically en-
forceable under the prevailing arbitration law.
7.4.2. Notice of the demand for arbitration shall be
filed in writing with the other party to this Agreement_
and with the American Arbitration Association. The de-
mand shall be made within a reasonable time after the
claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after
the time when institution of legal or equitable proceedings
based on such claim, dispute or other matter,in question
would be barred by the applicable statute of limitations.
7.4.3. The award rendered by the arbitrators shall be
final, and judgment may be entered upon it in any court
having jurisdiction thereof. -
7.5. Insurance.
The ENGINEER will secure and maintain such insurance
as will protect him from claims tinder workmen's com-
pensation acts, claims for damages because of bodily
injury including personal injury, 'sickness or disease, or
death of any of his employees or of any person other
than his employees, and from claims for damages be-
cause of injury to or destruction of tangible property
including loss of use resulting therefrom.
Page 8 of .11__. pages
_._i_, y__. eTSCY•.. "q " ? { ,3 3i:- x�t..
k,I
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7.6. Successors and Assigns.
The OWNER and the ENGINEER each hinds himself
and his partners, successors, executors, administrators and
assigns to the other party of this Agreement and to the
partners, successors, executors, administrators and assigns
of such other party, in respect to all covenants of this
Agreement; except as above, neither the OWNER nor the
SIiCTION 8—SPECIAL, PROVISIONS
E,NGINf:ER will assign, sublet or transfer his interest in
this Agreement without the written consent of the other.
Nothing herein shall he construed as creating any per-
sonal liability on the part of any officer or agent of any
public body which may be a party hereto, nor shall it
he construed as giving any rights or benefits hereunder
to anyone other than the OWNER and the ENGINEER. -
The OWNER and the ENGINEER agree that this Agreement shall be subject to the following special provisions which
together with the provisions hereof and the exhibits and schedules hereto represent the entire Agreement between the
OWNER and the ENGINEER; they may only be altered, amended or repealed by a duly executed written instrument.
8.1.
The en0ineers under the "General Consultation" phase of the contract provide
the following services at the fee schedule shown:.
1. Attend regular or called city council meetings. The fee for this shall be
$50 per meeting.
2. Inspect, study and report on assigned complaints and suggestions, review
subdivision plats and provide engineering assistance as directed by the
Mayor.and city council. The fee for this service shall be on the basis of
payroll costs times a factor of 2.00 for services reru-lered by principals
and employees, plus all reimbursable expenses.
3. Field surveys, boundaries, topographic surveys, etc. for special needs or,
requirements of the city, when directed to proceed in writing by the O:-ner
shall be performed by the Engineer. The fee for this service shall be on
the basis of payroll costs times a factor of 2.20 for services rendered by
principals and employees (including field and office work) plus all reim-
bursable expenses.
FEE FOR BASIC SERVICES
Compensation for the Engineer's Basic Services shall be based upon the follow-
ing fee schedules.
COST OF CONSTRUCTION
SCHEDULE A
FEE AS A PERCENTAGE OF
CONSTRUCTION COST
0-$
500,000
12.74%-12.00%
501001-$
60,000
11.99%-11.50%
601001-$
70,000
11.49$ 11.10�
70001-$
80,000
11.09%-10.75%
800001-$
90,000
10.74%-10.50%
908001-$
100,000
10.40%-10.25%
1001001-$
150,000
10.24%- 9.50%
150,001-$
200*000
9.49%- 9.00%
200001-$
250,000
8.99%- 8.70%
2501001--$
300000
8.69%- 8.35%
3001001--$
350,000
8.34%-- 8,20%
3501001•-$
400 s 000
3.19 %-• 7.90%
4001001-$
450,000
7.89%_, 7.75%
450, 001-$
500 t 000
7.748-- 7.50%
Page 9 of _ _ 11. pages
SCHEDULE B
FEE AS A PERCENTAGE OF
CONSTRUCTION COST
0
9.30-8.80%
8.79%-8.60%
8.59%-8.40%
8.398-8.252
8.248-8.10%
8.09%-7.91%
7.90%-7.50%
7.49%-7.11%
7.10%-6.90%
6.89%-6.71%
6.70%-6.50%
6.49%-6.31%
6i30%-6.25%
6.24%-6.11%
It
$
5001001-$
550,000
7.49%-
7.40%
6.10t-6.00%
$
5500001-$
600,000
7.39%-
7.30%
5.99%-5.91%
$
600,001-$
650,000
7.29%-
7.20%
5.90%-5.80%
650,001-$
700o000
7.19%-
7.10%
5.79%-5.71%
!.
700,001-$
750,000
7.09%-
7.00%
5.70t-=5.66%
7501001-$
800,000
6.99%-
6.95%
5.65%--5.61%
800,001-$
850,000
6.94%-
6.90%
5.60%-5.56%
.. $
8501001-$
900,000
6.89%-
6.82%
5.55°-5.51%
$
900,001-$
950000
6.81%-
6.75%
5.500-5.46%
$
9501001-$
110008000
6.74%--
6.70%
5.450-5.40%
$,
1, 000, 001-$
2, 000, 000
6. 69 %--
6. 20%
5.39%-R5.00%
$
2,000,001-$
3,000,000
6.19%-
6.00%
4.99V-4.80%
$
3,000,001-$
4,000,000
5.99%-
5.80%
4.79%-4.70%
$
41000,001-$
5,000,000
5.79%-
5.70%
4.69%-4..60%
Before a specific
project shall
be awarded to the
Engineer, the P.- of the
First Part and
the Party of -the
Second Part shall
agree in writing as to
which schedule
shall be applicable. Typical examples of projects included
under Schedule
A and Schedule B
are are follaas:
i
Schedule A:
a. Airports with extensive terminal facilities
b. Water, seder, and industrial waste treatment plants ;
c. bridges which are asy-tetric or are other 7ise complicated
d. Public and office buildings
e. Potier plants
f. ]Large dams or complicated small dams
g. Highways and urban and suburban arterial streets
j h. Grade crossing eliminations
i. Highway and railway tunnels
j.
Pumping stations
k.
Incinerators
r.
1.
Large intercepting and relief sewers
m.
Sanitary sewer lines under 24 in. in diameter
`
n.
dater distribution lines under 16 in. in diameter
o.
Co6plieated waterfront and marine terminal facilities
x
p.
Foundations
+q.
Large sports arenas
Schedule b:
a.
Industrial buildings, warehouses, garages, hangar€, and comparable
engineering structures
b.
Bridges and other structures of conventional design
c.
Simple waterfront facilities
d.
Railways
e.
Roads and streets
f.
Conventional levees, flood walls, and retaining galls
g•
Small dams
r
h.
sewer and Water tunnels (free -air)
i.
Storm sewers and drains
J.
Sanitary sewers 24 in. and larger
y
k,
dater distribution lines 16 in. and larger
'
1.
Irrigation works, except
g P pumping plants
i°
m.
Airports except as classified for Curve A
Page 10 of 11 pages
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above
pwrritten. /� �e*r p'r�► �w=M* �+ ! INC.CITY Or LSMYRN.A. MAYESt $U�DERTH & E ED , INC
OWNER: FN(j EER:
.. .............................
...................................
..................................................................... . 01® R..... t�.�...�... .dam.----........................
............................... .........y!K.=a.....-..i. ...... ......... ............. ..aye..f
{ - Charles E....Etheroft � . •. _... t......
>c
..............................•------•------•----------..............................------............. ......................................................................................
:1
s.�
4.}
.e
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7 _