Ohio Engineering Agreement Exhibit I by farmservice


									(Ohio Exhibit I – Special Provisions) Revised September 2007 This is Ohio EXHIBIT I, consisting of 3 pages, referred to in and part of the EJCDC 2002 Funding Agency Edition, Agreement between OWNER and ENGINEER for Professional Services E-510. Initial: Owner Owner’s Consultant Special Provisions Note: The content of each of the Special Provisions of this Exhibit I, is acknowledged by the parties of this Agreement to supersede provisions or wording that may appear elsewhere within the Agreement, Exhibits, or Attachments thereto. For clarity, these Special Provisions may be incorporated into the Agreement, Exhibits, or Attachments, in accordance with the EJCDC License Agreement. Each of the Articles and Exhibits of the Agreement are amended as follows:

In lieu of Agreement Article 5.02 Designing to Construction Cost Limit, insert the following wording: A. A Construction Cost limit shall be established by the Owner and the Engineer unless specifically excluded by written agreement between the Owner and the Engineer, with Agency concurrence in writing. The Construction Cost limit and a statement of the Engineer’s rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, Construction Cost Limit, to this Agreement.

In Agreement Article 6.02 Design without Construction Phase Services, remove the following wording: (4) Owner waives any claims against the Engineer that may be connected in any way thereto.

In lieu of Agreement Article 7.01, Defined Terms, Paragraph A, Item 12, insert the following wording: 12. Resident Project Representative (“RPR”) – The authorized representative assigned to assist Engineer at the Site during the Construction Phase. The RPR will be under Engineer’s technical supervision regardless of the entity supplying RPR. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative are set forth in Exhibit D of this Agreement, and/or set forth in a separate Agreement for RPR Services authorized by Rural Development.

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(Ohio Exhibit I – Special Provisions) Revised September 2007 Add the following wording to Agreement Article 7.01, Defined Terms, Paragraph A, as Item 15: 15. Change Order—A document recommended and verified for accuracy by the Engineer and signed as approved by the Contractor, Owner, Engineer, and Agency to authorize an addition, deletion, or revision to the Contractor’s work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Construction Agreement. Engineer shall describe and price those Additional Engineering Services that may be required in order to complete the work of each Change Order. Concurrent with the submittal of a proposed Change Order, Engineer shall present an Amendment to the Agreement for Engineering Services and secure the required approvals that will adjust Engineer’s fees accordingly, if applicable.

In lieu of Agreement Article 8.01, Exhibits Included, insert the following wording: C. Exhibit C, ―Payments to Engineer for Services and Reimbursable Expenses,‖ consisting of pages, including Ohio Exhibit C Form A and B, Ohio Standard Hourly Rates Schedule, and Ohio Percentage Construction Cost Fee Schedule (only if applicable). Exhibit G, ―Insurance,‖ consisting of Exhibit G. pages, including Ohio Addition to



Ohio Exhibit I, ―Special Provisions,‖ consisting of


In Agreement Exhibit A, Article A.1.01 Study and Report Phase, Paragraph A, Item 6, remove the following wording: a. Environmental Report in accordance with Agency requirements.

Add the following wording to Agreement Exhibit C, Article C.2.05 Compensation for Additional Services, Paragraph C, 4. Prior to the performance of any Additional Service, Engineer will submit Ohio Exhibit C Form B to request authorization from Owner, with Agency concurrence, for the Additional Service to be performed. Any Additional Service performed prior to Owner authorization and Agency concurrence is at Engineer’s risk of not being compensated.

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(Ohio Exhibit I – Special Provisions) Revised September 2007 5. In addition to the Standard Hourly Rates method of payment stated in Exhibit C paragraph C.2.05.A.1, a Lump Sum method of payment may be established for any specific Additional Service when using Ohio Exhibit C Form B.

Other Special Provisions Paragraph(s) the parties: of the (is) (are) amended to include the following agreement(s) of

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