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HomeMy WebLinkAboutAugusta Canal - Bikeway/Pedestrain Trail Augusta Richmond GA DOCUMENTNAME:OUC\l~S-\o CD-\'LU - \O\V-eU-XJll l~e*\Gn ~J +~ -0 , DOCUMENT TYPE: Q~ '( .eEnl.en+- YEAR: q"b BOX NUMBER: 0-\ FILE NUMBER: \ ol\12 3 NUMBER OF PAGES: L\~ 'I I I I I I I I I I I I I I I I I I' ,I '~ '"{ c' ,,~' STANDARD FORM OF AGREEMENT , BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES FOR AUGUSTA CANAL I~IKEW A Y /PEDESTRIAN TRAIL Prepared for Augusta Canal Authority Augusta-Richmond County Commission CouncH Georgia Department of Transportation Prepared By: w. R. Toole Engineers, Inc, 349 Greene Street Augusta, Georgia 30901 706-722-4114 T . ,~ Department of Public Works and Engineering Jack Murphy, Interim Director of Public Works Room 701, 530 Greene Street Augusta, Georgia 309] ] (706) 821-1706 FAX (706) 821-1708 Clifford A. Goins, Assistant Director Public Works - Engineering Division January 26, 1998 Mr. Rick Toole W.R. Toole Engineers POBox 600 Augusta, Georgia 30903 RE: Augusta Canal Multi - Use Trail , Sn>- 00E(96) PI #271120; Richmond County Project Reference: 93-036(B) Dear Mr. Toole: Attached herewith is an executed original of the engineering proposal on the above referenced project. Please consider this as your "Notice to Proceed" with the Preliminary Engineers in accordance with the referenced Engineering" Contract. We look forward to working with your firm on this project. Sincerely, 4L Mr, Cliff or ~. Goins Assistant irector Public Works - Engineering Division cc: Ms, Lena Bonner, Clerk for Commission; with original of contract Mr. Glen Coyne, Executive Director Augusta Canal Authority, with copy of contract Ms. Cora Cook, Dept. of Transportation, with copy of contract Mr. Jack Murphy, Interim Director of Public Works CAG/psm I I STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES I THIS IS AN AGREE~1ENT effective as of January 5 , 19~ between The Augusta Canal Authoritv ("OWNER") and I I W. R Toole En~neers. Inc, ("ENGINEER), OWNER intends to Accomplish design of the Augusta Canal BikewaylPedestrian Trail as orooosed in general accordance I with the Augusta Canal Master Plan I ("Project"), I OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein agreeas follows: I 1. The Engineer shall provide professional engineering services with respect to project, and the Owner shall make payments for those services as set forth below, I 2, Execution of this agreement by Engineer and Owner constitutes Owner's written authorization to Engineer to proceed on the date above as set forth in this agreement. I 3, This agreement will become effective on the date first above written, I I I I I I I Standard Fonn of Agreement Between Owner and Engineer for Professional Services Page I of 12 I I I ARTICLE 1 - SERVICES OF ENGINEER I 1,01 Scope A. ENGINEER shall provide the Basic and Additional Services set forth herein and in Exhibit A. I B. Upon this Agreement becoming effective, ENGINEER is authorized to begin Basic Services as set forth in Exhibit A. I C, If authorized by OWNER, ENGINEER shall furnish Resident Project Represl~ntative(s) with duties, responsibilities and limitations of authority as set forth in Exhibit D. I I ARTICLE 2 - OWNER'S RESPONSIBILITIES 2,01 General I A. OWNER shall have thc~ responsibilities as set forth herein and in Exhibit B. I ARTICLE 3 - TIMES FOR RENDERING SERVICES I 3.01 General I A. ENGINEER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion, Unless specific periods of time or specific dates for providing services are specified in this Agreement, ENGINEER's obligation to render service hereunder will be for a period of which may reasonably be required for the completion of said services, I I B. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or dates are changed through no fault of ENGINEER, the rates and amOlmts of compensation provided for herein shall be subject to equitable adjustment. If OWNER has requested changes in the scope, extent, or character of the Project, the time of perfonnance qf ENGINEER's services shall be adjusted equitably, I I I C. For purposes of this Agreement the tenn "day" means a calendar day of 24 hours, I 3.02 Suspension A. If OWNER fails to give prompt written I authorization to proceed with any phase of services after completion of the immediately preceding phase, or if ENGINEER's services are delayed through no fault of ENGINEER, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement. B. If ENGINEER's services are delayed or suspended in whole or in part by OWNER, or if ENGINEER's services are extended by Contractor's actions or inactions for more than 90 days through no fault of ENGINEER, ENGINEER shall be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, reasonable costs incurred by ENGINEER in connection with, among other things, such delay or suspension and reactivation of the fact that the time for perfonnance under this Agreement has been revised, ARTICLE 4 - PAYMENTS TO ENGINEER 4,01 Methods of Payment for Services and Reimbursable Expenses of ENGINEER A. For Basic Services, OWNER shall pay ENGINEER for Basic Services perfonned or furnished under Exhibit A, Part I, as set forth in Exhibit C, B. For Additional Services, OWNER shall pay ENGINEER for Additional Services perfonned or furnished under Exhibit A, Part 2, as set forth in Exhibit C, C, For Reimbursable Expenses. In addition to payments provided for in paragraphs 4,0 I,A and 4,0 I,B, OWNER shall pay Engineer for Reimbursable Expenses incurred by ENGINEER and ENGINEER's Consultants as set forth in Exhibit C, 4.02 Other Provisions Concerning Payments A. Preparation of Invoices, Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and Will be submitted to OWNER by ENGINEER, unless othelWise agreed, The amount billed in each invoice , will be calculated as set forth in Exhibit C. B, Payment of Invoices, Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice therefor, the amounts due ENGINEER will be increased at the rate of 1,0% per month (or the maximum rate of interest pennitted by law, if less) from said thirtieth day. In addition, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement until Standard Fonn of Agreement Between Owner and Engineer for Professional Services Page 2 of 12 I I I ENGINEER has been paid in full all amounts due for services, expenses, and other related charges, Payments will be credited fIrst to interest and then to principal. I C, Disputed Invoices. In the event of a disputed or contested invoice, only the portion so contested by be withheld fonn payment, and the undisputed portion will be paid. I D. Payments Upon Tenn.ination I 1. In the event of any tennination under paragraph 6,06, ENGINEER will be entitled to invoice OWNER and will be paid in accordance with Exhibit C for all services perfonned or furnished and all Reimbursable Expenses incurred through the effective date of tennination, I I 2. In the event oftennination by OWNER for convenience or by ENGINEER for cause, ENGINEER, in addition to invoicing for those items identified in subparagraph 4.02,D.l, shall be entitled to invoice OWNER and shall be paid a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with ENGINEER's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C, I I I I E. Records of ENGINEER's Costs, Records of ENGINEER's costs pertinent to ENGINEER's compensation under this Agreement shall be kept in accordance with generally accepted accounting practices, To the extent necessary to verify ENGINEER's charges and upon OWNER's timely request, copies of such records will be made available to OWNER at cost. I I F. Legislative Actions. In the event oflegislative actions after the Effective Date of the Agreement by any level of government that impose taxes, fees, or costs on ENGINEER's services or other costs in connection with this. Project or compensation therefor. such new taxes, fees, or costs shall be invoiced to an paid by OWNER'as a ' Reimbursable Expense to which a Factor of 1,0 shallbe applied. Should such taxes, feeii, or costs be imposed, ~e shall be in addition to ENGINEER's estimated total compensation. I I I ARTICLE 5 - OPINIONS OF' COST I 5.01 Opinions ofProbablEl Construction Cost A. ENGINEER's opinions of probable Construction I Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional generally familiar with the industry, However, since ENGINEER has no control over the cost oflabor, materials, equipment, or services furnished by others, or over the Contractor's methods of detennining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between OWNER and ENGINEER, such Construction Cost limit and a statement of ENGINEER's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit", to this Agreement. 5.03 Opinions of Total Project Costs A. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs, ARTICLE 6 - GENERAL CONSIDERATIONS 6,01 Standards of Performance A. The standard of care for all professional engineering and related services perfonned or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality, ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services, B. ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and OWNER shall not be responsible for discovering deficiencies therein, ENGINEER shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in OWNER-furnished infonnation. C. ENGINEER shall perfonn or furnish professional engineering and related services in all phases of the Project to which this Agreement applies, ENGINEER shall serve as OWNER's prime professional for the Project. ENGINEER may employ such ENGINEER's Consultants as ENGINEER Standard Fonn of Agreement Between Owner and Engineer for Professional Services Page 3 of 12 I I I deems necessary to assist in the performance or furnishing of the services. ENGINEER shaIl not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER I D, ENGINEER and OWNER shaIl comply with applicable Laws or Regulations and OWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to OWNER's responsibilities or to ENGINEER's scope of services, time of performance, or compensation, I I I E. OWNER shilll be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information fwnished by OWNER to ENGINEER pursuant to this Agreement. ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. I I F. OWNER shaIl make df:cisions and carry out its other responsibilities in a timely manner and shaIlbear all costs incident thereto so as not to delay the services of ENGINEER I G, Prior to the commencement of the Construction Phase, OWNER shaIl notify ENGINEER of any variations from the language indicated in Exhibit E, "Notice of Acceptability of Work," or of any other notice or certification that ENQINEER wiIl be requested to provide to OWNER or third parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice of certification, and OWNER shall authorize suc~ Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested, I I I I H. ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER's having to certify, guarantee or warrant the existence of conditions whose existence the ENGINEER cannot ascertain, OWNER agrel~s not to make resolution of any dispute with the ENGINEE~~ or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER's signing any such certification, . I I I. During the Construction Phase, ENGINEER shall not supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, , nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and I I I performing the Work. 1. ENGINEER neither guarantee the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents, K. ENGINEER shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or of any of the Contractor's agents or employees or any other persons (except ENGINEER's own employees) at the Site or otherwise furnishing or performing any of the Contractor's work; or for an y decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER L. The General Conditions for any construction contract docwnents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Docwnent No, 1910-8, 1996 Edition) unless both parties mutually agree to use other General Conditions as specifically 6.02 Authorized Project Representatives A Contemporaneous with the execution of this Agreement, ENGINEER and Owner shall designate specific individuals to act as ENGINEER's and OWNER's representatives with respect to the services to be performed or furnished by ENGINEER and responSIbilities of OWNER under this Agreement. Such individuals shaIl have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party , 6.03 Design without Construction Phase Services A Should OWNER provide Construction Phase services with either OWNER's representatives or a third party, ENGINEER's Basic Services under this Agreement will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase as outlined in Exhibit A B, It is understood and agreed that if ENGINEER's Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other Construction phase services, and that such services will be provided by OWNER, then OWNER assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the ENGINEER that may be in any way connected thereto, Standard Form of Agreement Between Owner and Engineer for Professional Services Page 4 of 12 I I I 6,04 Use of Documents I A. All Docwnents are instruments of service in respect to this Project, and ENGINEER shall retain an ownership and property interest therein (including the right of reuse at the discretion of the ENGINEER) whether or not the Project is completed, I B. Copies of OWNER-furnished data that may be relied upon by ENGINEER are limited to the printed copies (also known as hard copies) that are delivered to the ENGINEER pursuant to Exhibit B.Files in electronic media format of text, data, graphics, or of other types that are furnished by OWNER to ENGINEER are only for convenience of ENGINEER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. I I I C. Copies of Docwnents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. I I I D, Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it wiU perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files, ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. I I I E. When transfening documents in electronic media format, ENGINEER makes not representations as to long term compatibility, usability, or readability of documents resulting from the sue of software application packages, operating systems, or computer hardware differing from ' those used by ENGINEER at tht~ begiIU1ing of this Project. I I F. OWNER may make and retain copies of Docwnents for information and reference in cOIU1ection with use on the Project by OWNER. Such Documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any oth7r project. Any such reuse or modification without written verification or adaptation by ENGINEER, as appropriate for the specific purpose intended, will be at OWNER's sole risk and without liability or legal exposure to ENGINEER orto ENGINEER's I I I Consultants, OWNER shall indemnify and hold hannless damages, losses, and expenses, including attorneys' fees arising out of or resulting therefrom, G, If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. H,' Any verification or adaptation of the Documents for extensions of the Project or tor any other project will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 6.05 Insurance A. ENGINEER shall procure and maintain insurance as set forth in Exhibit G, "Insurance," B, OWNER shall procure and maintain insurance as set forth in Exhibit G, "Insurance." OWNER shall cause ENGINEER and ENGINEER's Consultants to be listed as additional insureds on any general liability or property insurance policies carried by OWNER which are applicable to the Project. C, OWNER shall require Contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to cause ENGINEER and ENGINEER's Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D, OWNER and ENGINEER shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of ENGINEER's services and at renewals thereafter during the life of the Agreement. E, All policies of property insurance shall contain provisions to the effect that ENGINEER's and ENGINEER's Consultants's interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. F, At any time, OWNER may request that ENGINEER, at OWNER's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G, If so requested by OWNER, with the concurrence of ENGINEER, and if commercially available, ENGINEER , shall obtain and shall require ENGINEER's Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for su~h periods of time as requested by OWNER, and Exhibit G will be supplemented to incorporate these requirements, Standard Form of Agreement Between Owner and Engineer for Professional Services Page 5 of 12 I I I 6,06 Termination A. The obligation to provide further services under this Agreement may be terminated: I 1, For cause, I a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the tenninating party, I b. By ENGINEER: I 1) upon seven days written notice if ENGINEER belil~ves that ENGINEER is being requested by OWNER to furnish or perform services contrary to ENGINEER's responsibilities as a licensed , professional; or I I 2) upon seven days written notice if the ENGINEER's services for the Project are delayed or suspended for more than 90 days for seasons beyond ENGINEER's controL I 3) ENGINEER shall have no liability to OWNER on account of such termination, I c, Notwithstanding the foregoing, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice 'begins,within seven days of receipt of such notice, to correct its 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 slJch 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, them the cure period provided fi~r herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. I I I I I 2, For convenience, I a. By OWNER effective upon the receipt of notice by ENGINEER. I B. The terminating party under paragraphs 6.06A I or 6.06,A.2 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow I ENGINEER to demobilize persOlUlel and equipment from the 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 files, 6.07 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located, 6.08 Successors, Assigns, and Beneficiaries A. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 6.08.B the assigns of OWNER and ENGINEER) are hereby bound to the other party to this administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. B. Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose. or give rise to any duty owed by OWNER or ENGINEER to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them, 2, All duties and responsibilities undertaken pursuant , to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party, The OWNER agrees that the substance of the provisions of this paragraph 6,08.C shall appear in the Contract Documents, 6.09 Dispute Resolution A. OWNER and ENGINEER agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to exercising their rights under Exhibit H or other provisions of this Agreement, or under law, In the absence of such an agreement, the parties may exercise their rights under law, Standard FOlm of Agreement Between Owner and Engineer for Professional Services Page 6 of 12 I I I I I I I I I I I, I I I I I I I I I B. If and to the extent that OWNER and ENGINEER have agreed on a method and procedure for resolving disputes between them arising out of or relating to this Agreement, such dispute resolution method and procedure is set forth in Exhibit H, "Dispute Resolution." I, To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER's officers, directors, partners, and employees from an against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, and ENGINEER's Consultants in the performance and furnishing of ENGINEER's services under this Agreement. 6.10 Hazardous Environmental Condition A. OWNER represents to Engineer that to the best of its knowledge a Hazardous Environmental Condition does not exist. B. OWNER has disclosed to the best of its knowledge to ENGINEER the existence of all Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive material located at or near the Site, including type, quantity and location. 2, To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER's Consultants from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees. and OWNER's consultants with respect to this Agreement or the Project. C. If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have the obligation to notifY OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. D. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Environmental Condition. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identifY and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations, 3, To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss, or dainages caused in part by the negligence of ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER, ENGINEER, and all other negligent entities and individuals. E, OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with ENGINEER's activities under this Agreement. 4, In addition to the indemnity provided under paragraph 6,11.A2 of this Agreement, and to the fullest extent pernlitted by law, OWNER shall indemnify and hold harmless ENGINEER and its officers, directors, partners, employees, and ENGINEER's Consultants from an against al costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from a Hazardous Environmental Condition, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph 6,11.A4, shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful F, If ENGINEER's services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify ENGINEER's terminating this Agreement for cause on 30 days notice. 6.11 Allocation of Risks A, Indemnification Standard Form of Agreement Between Owner and Engineer for Professional Services Page 7 of 12 I I I I I I .1 I I I I I I I I I I I I misconduct. 1, Addenda-- Written or graphic instnunents issued prior to the opening of Bids which clarify, correct, or change the Bidding Docwnents, 5, The indemnification provision of paragraph 6,II,A.l is subject to and limited by the provisions agreed to by OWNER and ENGINEER in Exhibit I, "Allocation of Risks," if any, 2. Additional Services-- The services to be performed for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part 2 of this Agreement. 6.12 Notices A Any notice required wlder this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepar,ed, or by a commercial courier service. All notices shall be effective upon the date of receipt. 3, Agreemeni-- This "Standard Form of Agreement between OWNER and ENGINEER for Professional Services," including those Exhibits listed in Article 8 hereof. 6.13 Survival 4. Application for Payment-- The form acceptable to ENGINEER which is to be used by Contractor in requesting progress or fmal payments for the completion of its Work and which is to be accompanied by such supporting docwnentation as is required by the Contract Docwnents, A, All express representations, indemnifications, or limitations ofliability included in this Agreement will survive its completion or termination for any reason, 5, Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration, 6,14 Severability A Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that th€: Agreement shall be reformed to replace such strick{;n provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision, 6, Basic Services-- The services to be performed for or furnished to OWNER and ENGINEER in accordance with Exhibit A, Part I, of this Agreement. 7. Bid-- The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6.15 Waiver A. Non-enforcement of any provision by either p3lty shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 8, Bidding Documents-- The advertisement or invitation to Bid, instructions to bidders, the Bid Form and attachments, the Bid bond, if any, the proposed Contract Documents, and all Addenda, if any. 6.16 Headings 9, Change Order--A document recommended by ENGINEER, which is signed by Contractor and OWNER to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Construction Agreement. A The headings used in this Agreement are for general reference only and do not have special significance, ARTICLE 7 - DEFINITIONS 10, ConstnJction Agreement-- The written instrument which evidence of the agreement, contained in the Contract Documents, between OWNER and Contractor covering the Work. 7.01 Defined Terms A, Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all cap,italletters, the terms listed below have the meanings indicated, which are applicable to both the singular and plural thereof: II, Constroction Contract-- The entire and integrated written agreement between the OWNER and Contractor concerning the Work, Standard Form of Agreement Between Owner and Engineer for Professional Services Page 8 of 12 I I 12, Constroction Cost-- The cost to OWNER of those portions of the entire Project designed or specified by ENGINEER Construction Cost does not include costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of- way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services, or interest ,and fmancing charges incurred in connection with the Project, or the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs, Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. I 18, Defective--An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deticient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of tin a I payment. I I I 13, Contract Documents--Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between OWNER and Contractor, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the noti,:e of award) when attached as an exhibit to the Constmction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified din the Construction Agreement, together with al Written Amendments, Change Orders, Work Change Directives Field Orders, and ENGINEER's written interpretations and clarifications issue don or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. 19, Documents--Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by ENGINEER to OWNER pursuant to this Agreement. I 20, Drawings-- That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined, I I 21. Effective Date of the Constroction Agreement-- The date indicated in the Construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver, I I I 14, Contract Pri~e--The moneys payable by OWNER to Contractor for completion of the Work in accordance with the Contract Documents and as state in the Construction Agreement. 22, Effective Date of the Agreement-- The date indicate din this Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. I 15, Contract Time-- The numbers of days or the dates stated in the Constnll;tion Agreement to: (i) achieve Substantial Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 23, ENGINEER's Consultants--Individuals or entities having a contract with ENGINEER to furnish services with respect to this Project as ENGINEER's independent professional associates, consultants, subcontractors, or vendors, The term ENGINEER includes ENGINEER's Consultants, I I 16. Contractor--An individual or entity with whom OWNER enters into a Construction Agreement. 24, Field Order--A written order issued by ENGINEER which directs minor changes to the Work but which does not involve a change in the Contract Price or the Contract Time. I 17, Correction Period-- The time after Substantial Completion during which Contractor must correct, at no cost to OWNER, any Defective Work, normally one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or 25. General Conditions-- That part of the Contract Oocuments which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Project. I I Standard Fonn of Agreement Between Owner and Engineer for Professional Services Page 9 of 12 I I I 26. Hazardous Environmental Condition-- The presence at the Site of Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive Materials in such quantities or circwnstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. includes any assistants of the Resident Project Representative agreed to by OWNER. The duties and responsibilities of the Resident Project Representative are as set forth in Exhibit D, I I 27. Hazardous Was/e-- The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 35, Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged, I I 28. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 36, Shop Drawings--AlI drawings, diagrams, illustrations, schedules, and other data or information which are specificaIly prepared or assembled by or for Contractor and submitted by Contractor to ENGINEER to illustrate some portion of the Work. I 29. PCB's--Polychlorinated biphenyls, 37, Sileo-Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be penormed, rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for use of Contractor, I 30. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14,7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non- Hazardous Waste and crude oils, 38. Specifications-- That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the work and certain administrative details applicable thereto, I I 31. Radioactive Matc?rials--Source, special nuclear, or byproduct mat~:rial as defmed by the Atomic Energy Act of 1956 (42 USC Section 20 II et seq.) as amended from time to timt:, 39, Substantial Completion-- The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantiaIly complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof I 32. Record Drawings-- The Drawings as issued for construction on which the ENGINEER, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information which ENGINEER considers significant based on record documents furnished by Contractor to ENGINEER and which were annotated by Contractor to show changes made during construction, I I I 33. Reimbursable Expenses-- The expenses incurred directly by ENGINEER in connection with the penorming or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Exhibit C. . 40, Supplementary Conditions-- That part of the Contract Documents which amends or supplements the General Conditions, I 34. Resident Project Representative-- The authorized representative of ENGINEER, if any, assigned to assist ENGINEER at the Site dlfl'ing the Construction Phase, The Resident Project Representative will be ENGINEER's agent or, ' employee and under ENGINEER's supervision, As used herein, the term Resident Project Representative 41, Total Project Costs-- The sum of the Construction Cost, allowances for contingencies, the total costs of services of ENGINEER, or other design professionals and consultants, cost ofland, rights-of- way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this I I I Standard Form of Agreement Between Owner and Engineer for Professional Services PagelOofl2 .1 I I I I I I I I I I I I I I I I I I I Agreement. 8.02 Total Agreement 42. Work-- The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this Project. Work includes and is the result of penonning or fumishing labor, services, and documentation necessary to produce such construction and fwnismng, installing, IUld incorporating all materials and all equipment into such construction, all as required by the Contract Documents, A. This Agreement (consisting of pages I to 2L inclusive, together with the Exhibits identified above) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or ora) understandings. This Agreement may only be amended ,. supplemented, modified, or canceled by a duly executed written instnunent. 43. Work Change Direc/ive--A written directive to Contractor issued on or after the Effective Date of the Construction Agreement and signed by OWNER upon recommendation of the ENGINEER, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsunace or physical conditions lUlder which the Work is to be performed or to emergencies, A Work Change Direction will not change the Contract Price or the Contract Times but is evid,~nce that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 44. Wrii/en Amendmen/--A written amendment of the Contract Documents signed by OWNER and Contractor on or after the Effective Date of the Construction Agreement and normally dealing with the non-engineering or non-technical rather than strictly construction-related aspects of the Contract Documents, ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS 8,01 Exhibits Included A. Exhibit A, "ENGINEER's Services," consisting of L pages, B. Exhibit B, "OWNER's Responsibilities," consisting of --1- pages. C, Exhibit C, "Payments to Engineer for Services and Reimbursable Expenses," consisting of..l..-- pages, G, Exhibit G. "Insurance," consisting of ~ pages, 1. Exhibit J, "Special Provisions," consisting of-----L- pages, Standard Form of Agreement Between Owner and Engineer for Professional Services Pagellofl2 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement. the Effective Date of which is indicated on page 1. OWNER; ENGINEER: {mt~"n::E;K 0/- ' , By: William R. Toole. P.E. Title: Pre,idenl ::- / Doled Signed: :2~?- Address for giving no;i es: W, R. Toole Engineers, Inc, 349 Greene Street Augusta. Georgia 3090 I Date Signed: Address for giving notices: Public Works-Enqineerinq Division 530 Greene Street, Room 701 Auausta, Georaia 30911 Designated Representative (para.graph 6,02,A): Clifford A. Goins Designated Representative (paragraph 6,02,A): William R. Toole. P,E, Title: President Title: A!;!;i !;ti'lnt nirf>ctor of Pllhl i r. Works Ph ,Enqjneering Division one Number: R? 1 - 1 7 n h ' Phone Number: 706-722-4114 Facsimile Number: 706-722-6219 Facsimile Nwnber: 821-1708 Email Address: Email Address:wrteng@scescape.net of: Department Director Attorney ~ Administrator Standard Form of Agreement Between Owner and Engineer for Professional Services Page 12 of 12 I I I I I I I I I I I I I I I I I I I This is EXHIBIT A, consisting of-2-pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated Januarv 15. 1998 Initial: OWNER ENGINEER ENGINEER's Services Article I of the Agreement is amended and supplemented to include the following agreement of the parties: ENGINEER shall provide Basic and Additional Services as set forth below. PART I -- BASIC SERVICES , A 1.0 I Study and Report Phase: Concept Report A. ENGINEER shall: I. Consult with OWNER to define and Clarity OWNER's requirements for the Project and available data. 2, Advise OWNER as to the necessity of OWNER's providing data or services of the types described in Exhibit B which are not part of ENGINEER's Basic Services, and assist OWNER in obtaining such data and services. 3. Identity, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER. inCluding but not limited to mitigating measures identified in the envirorunental assessment. 4. Identify and evaluate an alternate solution available to OWNER and, after consultation with OWNER, recommend to OWNER the solution which in ENGINEER's judgment meet OWNER's requirements for the Project. 5. 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 those alternate solutions available to OWNER which ENGINEER recommends. This Report will be accompanied by ENGINEER's opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized, including the f01l.0wing, which will be separately itemized: opinion of probable Construction Cost, and allowances for contingencies, 6, Pertorm or provide the following additional Study and Report Phase tasks or deliverables; 7. Fw-nish~review copies of the Report to OWNER within~days of authorization to begin services and review it with OWNER. 8, Revise the Report to response to OWNER's and other parties' comments, as appropriate, and fumish~fmal copies of the revised Report to the OWNER within 21 days after completion of reviewing it with OWNER. B, ENGINEER's services under the Study and Report Phase will be considered complete on the date when the final copies of the revised Report have been delivered to OWNER. A 1,02' Preliminary Design Phase A. After acceptance by OWNER of the Report, selection by OWNER of a recommended solution and indication of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by OWNER, and upon written authorization fromOWNER, ENGINEER shall: I, On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting offinal design criteria, preliminary drawings, Georgia Depru1ment of Transportation Standards & Specifications and written descriptions of the Project. Page 1 of 6 Pages (Exhibit A - ENGiNEER's Services) I I I I I I I I I I I I I I I I I I I 2, Provide necessary field surveys and topographic and utility mapping for design purposes, Utility mapping will be based on information obtained from utility owners, 3, Advise OWNER if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist OWNER in obtaining such reports, data, information, or services, 4. Based on the information contained in the Preliminary Design Phase docwnents, submit a revised opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER, which will be itemized as provided in paragraph A 1,0 1.A.5. 5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: 6, Fwnish the Preliminary Design Phase docwnents to and review them with OWNER 7, Submit to OWNER....i.-final copies of the Preliminary Design Phase docwnents and revised opinion of probable Construction Cost within_1.1Ldays after authorization to proceed with this phase, B. ENGINEER's services under the Preliminary Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase documents have been delivered to OWNER. A 1,03 Final Design Phase A. After acceptance by OWNER of the Preliminary Design Phase docwnents and revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from OWNER, ENGINEER shall: ), On the basis of the- above acceptance, direction, and authorization, prepare final Drawings indicating the scope, extent, and character of the Work to be performed and furnished by Contractor, Georgia Department of Transportation Standards & Specifications shall be used. 2, Provide technical criteria, written descriptions, and design data for the OWNER's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project and assist OWNER in consultations with appropriate authorities. 3, Advise OWNER of any adjustments to the opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER, itemized as provided in paragraph A 1,0 I,AS 4, Perform or provide the following additional Final Design Phase tasks or deliverables: 5, Prepare and furnish Bidding Documents for review and approval by OWNER, it's legal counsel, and other advisors, as appropriate, and assist OWNER in the preparation of other related documents, 6, Submit-2-final copies of the Bidding Docwnents and a revised opinion of probable Construction Cost to OWNER within~days after authorization to proceed with this phase. B. The nwnber of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER's compensation has been established under this Agreement is I C. ENGINEER's services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph A 1,03.A.6, have been delivered to OWNER. A 1,04, Bidding or Negotiating Phase A: After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by OWNER to proceed, ENGINEER shall: Page 2 of 6 Pages (Exhibit A - ENGINEER's Services) I I [. Assist OWNER in advertising for and obtaining bids for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-Bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding Docwnents, I 2. Issue Addenda as appropriate to claritY, correct, or change the Bidding Docwnents, I 3. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Docwnents, 4, Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: I 5. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or proposals and in assembling and awarding contracts for the Work. I B, The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit F is a part of this Agreement), I A 1.05, Construction Phase A Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER, ENGINEER shall: I 1, Pre-Construction Conference, Participate in a Pre-Construction Conference prior to commencement of Work at the Site, I 2, Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work which ENGINEER's judgment are necessary to enable Contractor to proceed, I 3, Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, llnd prepare Change Orders and Work Change Directives as required, I 4, Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other datu which Contractor is required to submit, but only for conformance with the information given in the Contract Docwnents and compatibility with the design concept of the completed Project asa functioning whole as indicated in the Contract Docwnents, Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto, ENGINEER has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to ENGINEER. I I 5, Applicationfor Payment. Based on ENGINEER's review of Applications for Payment and accompanying supporting docwnentatiori as submitted and verified by Owner's representative: I a, Detennine the amounts that ENGINEER recommends Contractor be paid, Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Docwnents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled, b. By recomme~ding any payment, ENGINEER shall not thereby be deemed to have represented that the ENGINEER has checked 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 ENGINEER in this Agreement and the Contract Docwnents, Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor ENGINEER's recoinmendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods. techniques, sequences, or procedures of construction or I I I I I Page 3 of 6 Pages (Exhibit A - ENGINEER's Services) I I I I I I I I I I I I I I I I I I I safety precautions or programs incident thereto, or Contractors 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 PUJ1loses Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encwnbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that such should be paid, B. Duration of Construction Phase, The Construction Phase will corrunence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recorrunendation by ENGINEER for fmal payment to Contractors. If the Project involves more that one prime contract as indicated in paragraph A 1,03, C" Construction Phase services may be rendered at different times in respect to the separate contracts, C, Limitations of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Docwnents, PART 2 -- ADDITIONAL SERVICES A2,OI Additional Services Requiring OWNER's Authorization in Advance A If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed below, These services will be paid for by OWNER as indicate din Atticle 4 of the Agreement. I, Preparation of applications and supporting docwnents (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 enviromnental assessments and impact statements; review and evaluation of the effects on 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 anticipate enviromnental impact of the Project. 2, Services to verifY the accuracy of drawings or other information furnished by OWNER. 3, Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents which such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any other causes beyond ENGINEER's control. 4, Services resulting from OWNER's request to evaluate additional Study and Report Phase alterative solutions beyond those identified in paragraph A 1,0 1,A.4, 5. Services required as a result of OWNER's providing incomplete or incorrect Project information with respect to Exhibit B. 6, Providing renderings or models for OWNER's use, 7, Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; ,the preparation offeasibility studies, cash flow and economic evaluations, rate schedules, and the appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting OWNER in obtaining process licensing; detailed connotate surveys of materials equipment, and labor; and audits or inventories required in connection with construction performed by OWNER. 8, Furnishing services of ENGINEER's Consultants for other than Basic Services, 9. Services attributable to more prime construction contracts than specified in paragraph A 1,03, C. Page 4 of 6 Pages (Exhibit A - ENGINEER's Services) I I 10, Services during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's office, I II. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited 10, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by OWNER; and perfonning or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes, I 12, Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by OWNER for the Work or a portion thereof. I 13, Determining the acceptability of substitute materials and equipment proposed dUring the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents, I 14. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such. assistance is required by Exhibit F, I 15, Providing constmction surveys and staking to enable Contractor to perfonn its work other than as required under paragraph AI.05,A.5, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. .1 16, Providing Construction Phase services beyond the Contract Times set forth in Exhibit C, 17, Providing assistance in resolving any Hazardous Environment Condition in compliance with current Laws and Regulations. I 18, Preparing and fumishing to OWNER Record Drawings showing appropriate recording infonnation based on Project annotated record documents received from Contractor, I 19, Preparation of operation and maintenance manuals. I 20, Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other dispute resolution process related to the Project. I 21, Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER under paragraph 6.0 I. G of the Agreement. 22. Others services perfonned or furnished by ENGINEER not otherwise provided for in this Agreement. I A2.02 Required Additional Services I A ENGINEER shall perlonn or furnish, without requesting or receiving specific advance authorization from OWNER, the Additional Services of the types listed below. ENGINEER shall advise OWNER in writing promptly after starting any such Additional Services. I I, Services in connection with Work Change Directives and Change Orders to reflect changes requested by OWNER so as to make the compensation commensurate with the, extent of the Additional Services rendered, I 2, Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or-equal" items; and services after the award of the Construction Agreement in evaluating and detennining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions, I 3, Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages, I 4, Additional or extended services during construction made necessary by (I) emergencies or acts of God endangering I Page 5 of 6 Pages (Exhibit A - ENGINEER's Services) I I the Work, (2) an occurren(;e of a Hazardous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. I 5, Services (there than Basic SerVices during the Post-Construction Phase) in connect with any partial utilization of any part of the Work by OWNER prior to Substantial Completion, I 6, Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work, I I I I I I I I I I I I I I I Page 6 of 6 Pages (Exhibit A - ENGINEER's Services) I I I I This is EXHIBIT B, consisting of-L, pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated Januarv 5. 1998, Initial: OWNER ENGINEER OWNER's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties, I B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: I I I I I I I I I I I I I I A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project, including design objectives and constrains, space, capacity and performance requirements, flexibility, and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications; and furnish copies of OWNER's standard forms, conditions, and related documents for ENGINEER to include the Bidding Documents, when applicable, B. Furnish to ENGINEER any other available infOlmation pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site, C. Following ENGINEER's assessment of initially-available Project information and data and upon ENGINEER's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable ENGINEER to complete its Base and Additional Services, Such additional information or data would generally include the following: I, Property descriptions, 2. Zoning, deed, and other land use restrictions, 3, Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points, 4, Explorations, and tests of subsurface ,conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof, 5, Available environmental assessments, audits. investigations and impact statements; and other relevant environmental or cultural studies as tot he Project, the Site, and adjacent areas, 6, Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto, D, Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of a Hazardous Environmental Condition or of any other development that affects the scope of time of perfornlance of ENGINEER's services, or any defect or nonconformance in ENGINEER's services or in the work of any Contractor, E. Authorize ENGINEER to provide Additional Services as set forth in Par 2 of Exhibit A of the Agreement as required, F, 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 the Agreement. G, Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto, Page I of2 Pages (Exhibit B - OWNER's Responsibilities) I I I I I I I I I I I I I I I I I I I H. Provide reviews, approvals, and permits from all govenunental authorities having jurisdiction to approve all phases of the Project designed or specified by ENGINEER and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. L Provide, as required for the Project: 1. Accmmting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as OWNER requires, Contractor raises, or ENGINEER reasonably requests. 3. Such auditing services as OWNER requires to ascertain how or for what purpose Contractor has used the moneys paid. 4. Placement and payment for advertisement for Bids in appropriate publications. 1. 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 constructibility review. K. Furnish to ENGINEER data as to OWNER's anticipated costs for services to be provided by others for OWNER so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER's opinion of Total Project Costs, L If OWNER designates a construction manager or an individual or entity other than, or in addition to, ENGINEER to represent OWNER at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authOlity of ENGINEER. M, Ifmore than one prime contract is to be awarded for the Work designed or specified by ENGINEER, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and defme and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of ENGINEER as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. N, Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approves of Samples, materials, and equipment requin:d by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of OWNER, prior to th,eir incorporation into the Work with appropriate professional interpretation thereof. P, Provide inspection or monitoring services by an individual or entity other than ENGINEER (and disclose the identity of such individual or entity to ENGINEER) as OWNER determines necessary to verifY: 1. That Contractor is complying with any Laws and Regulations applicable to Contractor's performing and furnishing the Work. 2, That Contractor is taking all necesslU)' precautions for safety of persons or property and complying with any special provisions of the Contract Documents applicable to safety, Q. Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to paragraphs B2,Ol.0 and P. R. Perform or provide the following additional services: Coordinate all review, meetings and site inspections involving Georgia Department of Transportation personnel or other personnel with related agencies for the purposes offulfilling ISTEA contractural arrangements between the Owner and the Georgia Department of Transportation for ISTEA Enhancement funding, Page 2 01'2 Pages (Exhibit B - OWNER's Responsibilities) I I This is Exhibit C, consisting of-L-pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated January 5 1998, I I Payments to ENGINEER for Services and Reimbursable Expenses I Article 4 of the Agreement is amended and supplemented to include the following agreement of the parties: adjusted, ARTICLE 4 -- PAYMENTS TO THE ENGINEER I C4,Q I For Basic Services Having a Determined Scope -- Lump Sum Method of Payment I A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A, except for services of ENGINEER's Resident Project Representative and P~st-Construction Phase services, if any, as follows: I I I. A Lump Sum amount of$ 105,371.00 based on the following assumed distribution of compensation: I a, b. Study and Report Phase Preliminary Design Phase Final Design Phase Bidding and Negotiating Phase Construction Phase $ 5.000,00 $ 68.000,00 $ 20.000,00 $ 4.000.00 $ 8.371,00 c, d. I e. I 2. ENGINEER may alter the distribution of compensation between individual phases noted herein to be consistent with service actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the OWNER. I 3. The Lump Sum includes compensation for ENGINEER's services and services of-ENGINEER's Consultants, if any, Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses, I I 4. The portion of the Lunlp Sum amount billed for ENGINEER's services will be based upon ENGINEER's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. I I 5, The Lump Sum is conditioned on Contract Times to complete the Work not exceeding....lL months. Should the Contract Times to complete the , Work be extended beyond this period, the total compensation to ENGINEER shall be appropriately I I Page I of I page (Exhibit C - Basic Services With Determined Scope -- Lump Sum Method) Initial: OWNER ENGINEER I I I I I I I I I I I I I I I I I I I This is EXHIBIT G, consisting of..l.- pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated January 5. 1998 , Initial: OWNER ENGINEER_ Insurance Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties. G6,05 Insurance A. The limits of liability for the insurance required by paragraph 6,05,A and 6,05.8 of the Agreement are as follows: I, By ENGINEER: a. Worker's Compensation Statutory b, Employer's Liability -- I) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: $ 500.000 $ 500.000 $ 500.000 c. General Liability -- I) Each Occurrence (Bodily Injury and Property Damage): 2) General Aggregate: , $ 1.000.000 $ 1.000.000 '- d, Excess or Umbrella Liability -- I) Each Occurrence: 2) General Aggregate: $ 2.000 000 $ 2.000.000 e, Automobile Liability -- I) Bodily Injwy a) Each Accident $ 2) Propt~rty Damage: a) Each Accident $ [or] I) Combined Single Limit (Bodily Injury and Property Damage): Each Accident $ 1.000.000 f. Other speci1)r: Professional Liability , $ 1.000.000 Page I of 2 pages (Exhibit G - Insurance) I I 2. By OWNER: a, Worker's Compensation: Statutory I b, Employer's Liability -- I) Each Accident 2) Disease, Policy Limit 3) Disease, Each Employee $ $ $ I 1 c. General Liability -- I) General Aggregate: 2) Each Occurrence (Bodily Injill)' and Property Damage): d. Excess Umbrella Liability -- I) Each Occurrence: 2) General Aggregate: $ $ I $ $ I e. Automobile Liability: 1) Bodily Injw)': a) Each Accident $ 1 2) Property Damage: a) Each Accident $ 1 [or] I I) Combined Single Limit (Bodily Injury and Property Damage): Each Accident $ f. Other (specify): I $ B. Additional Insureds 1 I, The following persons or entities are to be listed on OWNER's policies of insurance as additional insureds as provide din paragraph 6.05,B: I a. W, R Toole En~ineers. Inc, ENGINEER 1 I b. Cranston. Robertson & Whitehurst ENGINEER'S CONSULTANT c, I ENGINEER'S CONSULTANT I I I' Page 2 of 2 pages (Exhibit G - Insurance) I I This is EXHIBIT J, consisting of---1-pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated January 5. 1998 I I Special Provisions I' Article 6 and Exhibit A of the Agreement are amended to include the following agreement(s) of the parties: SEE ATTACHED PROPOSAL AND CORRESPONDENCE (Dated October 14, 1997) I I I I I I I I I I 1 I I I Page I of I page (Exhibit J - Special Provisions) Initial: OWNER ENGINEER w. R. Toole Engineers, Inc. Civil Engineering · Structural Engineering . Land Surveying October 29, 1996 NOtNEE~S ONSUI.TANfS ~ v E y 0 ~ s Augusta-Richmond County Commission Council 701 Municipal Building Augusta, Georgia 30911 PI.ANNERS I 349 GREENE STREET AUGUSTA. GEORGiA 3090 I po, BOX 600 AUGUSTA, GEORGIA 30903 I. 706,722,41 '4 'VOICEI 706722,6219 IFAXI AlThf: Mr. Drew Goins, Assistant Commissioner of Public Works and Director of Engineering SUBJECT: Proposal of Surveying and Engineering Services Augusta Canal Bikeway/Pedestrian Trail Georgia Department of Transportation Enhancement Activities 1 EMAIC, WRT _ENC@AUCUSTA.NF:":" Gentlemen: I I I I I I 1 I I I I W. R Toole Engineers, Inc, appreciates this opportunity to propose our professional services in the design and preparation of construction documents for the proposed Augusta Canal Bikeway/Pedestrian Trail. This project was submitted by the former City of Augusta to the Georgia Department of Transportation for transportation enhancement activities funding (FY97 funds) as a specific element of the Augusta Canal Master Plan published December 19, 1993. The original application was subinitted August 1, 1994, and amended March 23,1995, to provide for phased construction of the proposed improvements. The following proposaJ briefly outlines the qualifications of W, R Toole Engineers, Inc, and it's subcontractor, Cranston Robertson & Whitehurst, P,c', to provide these services, our understanding of the project requirements and available documents supporting project development, an outline of our project approach relatt~d to "The Process Flow For Transportation Enhancement Activity Projects", a brief review of established design criteria, an anticipated project schedule, and associated cost. Again, W. R. Toole Engineers, Inc. appreciates this opportunity to propose on this project. The attached information is designed to provide a general overview of the proposed project from concept through completed construction documentation. Although the general concept and elements for the proposed project have been established in the Augusta Canal Master Plan, specific project details and additional requirements may be necessary based on the concept meetings and other criteria related to "The Process Flow Fall' Transportation Enhancement Activity Projects". Should you have any questions concerning the information contained in this proposal, please do not hesitate to contact us. 'Very truly yours, ~' T~9LE ENG~IEERS. ~ INC. , CfJ~1 /2~ illiam R Toole, p.E. /,//c President ' WRT;bw Attachments I I I I I I I I I I I I I I I I I I I 1_.....,I.il'........11 W R. Toole Engineers, Inc. is a surveying, design and consulting engineering firm located in Augusta, Georgia. The firm is Georgia Department of Transportation prequalified in Section 3.13; "Facilities for Bicycles & Pedestrians", as well as various other recognized design areas. A copy of the Prequalifi(;ation Authorization Certificate is included for your review. In addition, W. R. Toole Engineers, Inc. served as the technical and engineering subconsultant for the development of the Augusta Canal Master Plan. Toole Engineers worked with City Design Collaborative and Lane-Frenchman & Associates in the development of the overall concept and specific project elements including the canal tow path as a bikeway/pedestrian trail. As result of . --- this involvement, Toole Engineers is familiar with the specific design elements and the intent of the Master Plan supported by the Augusta Canal Authority. Much of the cost estimating for specific construction activities in the proposed plan was accomplished by this office. W R. Toole Engineers, Inc. is a totally automated design company preparing construction documents in AutoCad Release 12 or Release 13, as preferred by the client. As a result, digital aerial photogrammetry and topographical information can be utilized in the development of base maps. Additionally, use of state-of-the-art electronic data gathering and GPS equipment, field survey information purposed to enhance aerial photography and topographic data can be quickly and accurately integrated into base drawings. All aspects of design are accomplished in AutoCad/Softdesk software systems tc? maximize efficiency. The professional corporation of Cranston, Robertson & White~urst, P.C. was selected as a subconsultant prequalified in Georgia Department of Transportation "Minor Bridge Design", Section 4.01 to provide structural engineering support. This firm has tremendous experience in structural design conforming to Georgia Department of Transportation Standards and Specification as well as serving as the prime consultant on Georgia Department of Transportation roadway design projects including bridge design. Additionally, Mr. Tom Robertson, P.E., will I I I I I I I I I I I I I I I I I I I support and assist Toole Engineers during the preliminary planning phase of the project. Mr. Robertson has considerable experience in historic project design and, development throughout the southeast. His knowledge and expertise will be a valuable addition to the planning team. W R. Toole Engineers, Inc. and it's subconsultant, Cranston Robertson & Whitehurst, P.c., are dedicated to provide quality engineering services in a cost efficient and timely manner. The , various members of the project team will work closely together to coordinate all aspects of information gathering and design with quality control the responsibility of the Project Manager and a senior company principal. I I I I I I I I I I I I I I I I I I I In general, we understand that the proposed bikeway/pedestrian trail will be accomplished in accordance with the Augusta Canal Master Plan. This plan was prepared to provide long-term guidance in the preservation and development of a precious community resource - the Augusta Canal. The Augusta Canal Master Plan, partially funded as an ISTEA Enhancement Project through the Georgia Department of Transportation, has been nationally recognized for it's significance in long-term planning for the preservation of natural resources and as an economic development tool for midsize communities. The plan, inc,1uding the bikeway/pedestrian trail, is a cooperative work developed through many hours of deliberation by special interest groups, advisory panels, impacted business and ind.ustry, the community at-large, and the consultants, including the Augusta Canal Authority. Development of the bikeway/pedestrian trail constitutes a major single element of the overall plan connecting various parts of the canal and community. The revised ISTEA Enhancement Application provided for three phases of construction with engineering design and environmental planning accommodated in Phase One, The bikeway/pedestrian trail will primarily consist of regrading and stabilizing the existing tow path along the Augusta Canal utilizing existing surface streets as connectortrails to the third level canal bank and Augusta Riverwalk., Additionally, the Riverwalk connector trail will be utilized to re-establish the Bartram Trail as a historically significant trail through this region of the country. Other specific design considerations include rehabilitation of the headgate crossing at Bull Sluice, and bikeway/pedestria.n bridge over the existing structure at the bulkhead connecting the tow path to Lake Olmstead Park. Another important aspect of the first phase of construction includes connecting the tow path with the Augusta Public Transportation System located on Broad Street. This element of the project will require the construction of a bike/pedestrian bridge over the canal to provide access to the public transit terminal. " I I I I I I I I I I I I I I I I I I I Surface streets will bc~ evaluated for markings and required signage to provide access from the end of the tow path to Seventh Street, connecting the trail to inner cjty areas. Other phases of proposed construction include rehabilitation of the existing bridge at the Water Works facility and the construction of the new Bartram Trail from Rae's Creek to Riverwalk. Bridges along the new Bartram Trail will be required at the two tailraces below Sibley and King Mills. All engineering design for these structures will be accomplished during this phase of project development. One additional component of the overall project that was not included in the original application but will be required to complete the Bartram Trail connection is a bike/pedestrian bridge across the gates at Hawks Gully. Design of this structure will be included in this contract in lieu of the rehabilitation of the Long Spillway, which is currently being addressed under a separate (funded) contract. The TEA Application Subphasing Recommendation submitted March 23, 1995, outlined ten component areas of project development. Each component listed in this recommendation will be addressed (excepting the Long Spillway rehabilitation) as separate elements integrated into a complete Augusta Canal Bikeway meeting the intent of the Augusta Canal Master Plan. I I I I I I I I I I I I I I I I I I I I---~""'''-I Several documents have been identified for use in development of the project. The primary document available for descriptions of project intent is the Augusta Canal Master Plan, Part I, Executive Summary, and Part II Technical Plan. Additionally, the detailed application for transportation enhancement activities funding.through the Georgia Department of Transportation is available. This application also outlines specific areas of project development and construction phasing. Specifics relating to design activities are outlined in the Sponsor Guidebook published by the Georgia Department of Transportation. ,The City of Augusta has made available a document for improvements to the third level canal prepared by the consulting firm of Baldwin and Cranston Associates, dated September 14, 1979. This document provides detailed background information concerning the use, flow and condition of the third level canal including proposed improvements. The plan also provides information concerning archeological studies of the third level canal that may be utilized in historical permitting of the proposed bikeway/pedestrian trails in this area. The Augusta-Richmond County Urban Public Works Department has indicated the availability of specific design and construction documents associated with various structures along the canal including the head gate and locks, Lake Olmstead gates, tailraces structures, Weigle Gate and structures at Hawks Gully. This information will be valuable in the evaluation and design of proposed improvements to these structures as they are each impacted by the proposed project. FInally, aerial photography and topographic~l information is available. These documents and associated data were obtained during the preparation of the Augusta Canal Master Plan. We understand that the proposed documents are available in a digital format to be utilized in base map preparation and subsequent design activities. Other documents and HAER records available for specific structures and facilities located along the Augusta Canal will be available and utilized as appropriate in the proposed project development. I I I I I I I I I ,I I I I I I I I I I 1--1 As previously noted, the concept for the Augusta Canal BikewayIPedestrian Trail has been established in the Augusta Canal Master Plan. This conceptual model has identified specific project elements that constitute the basic design aspects of this project. Utilizing existing aerial topographical information, the project team will begin to compile the overall project area and identifythese specific project elements. This information will be utilized in the concept meeting between the project tc::am, the sponsor, and the Georgia Department of Transportation staff assigned to project development. Issues and/or questions raised during the concept meeting will be addressed by the project team in the preparation of preliminary layouts and conceptual design. In order to accomplish complete construction drawings, survey enhancement will be necessary in those areas requiring detailed engineering design of structures, facilities or tie into existing facilities and/or structures. Based on the Augusta Canal Master Plan and review of the ISTEA Enhancement Application, enhancement of existing aerial topographic information will be necessary in the following areas: · Bull Sluice Headgates · Long Spillway location · Lake Olmstead Bridge · Lake Olmstead tie to Curry Street Trail · Tie to Chaffee Park · Weigle gate to transit facility , · Fenwick Street between Ninth and Thirteenth · Hawks Gully Gates · Connector Trail from Seventh to Ninth Street along the railroad lines Other areas requiring survey enhancement may be identified during preliminary design activities. These surveying activities will be accomplished during the design phase as necessary. All survey data will be incorporated into the digital format of the aerial photographical information. I I I I I I I I I I I I I I I I I I I Preliminary engineering design will be based on the conceptual model of the Augusta Canal Master Plan, input from the concept meeting, and physical data established and collected through the research and surveying activities. The preliminary engineering documents will consist of development plans of the proposed project including individual project elements. These documents will also identify potential alternatives in the proposed project that are economically feasible and constructable. The specific design elements required to achieve the final development plans will be detailed in accordance with established design criteria. These specific design elements are generally anticipated to correspond with the description of the major components of the Augusta Canal BikewayIPedestrian Trail as noted in the original application. The primary design components include the tow path, headgates, lock and dam area, w'aterworks area, Lake Olmstead, new Bartram Trail, Sibley/King Mill Harrisburg, Weigle Gate/public transit terminal, Hawks Gully gates, Fenwick Street, Ninth Street, and Third level canal bank. These project. components consist of27 descriptive elements that should be incorporated into preliminary documents, plus Hawks Gully gates. Various elements in the project will be evaluated for effectiveness, feasibility and economy for long-term maintenance. The design of these elements such as stabilizing the existing tow path with soil additives may require laboratory testing to evaluate various soil additives for effectiveness. Minor structures and bridges will be identified and evaluated utilizing various construction alternatives and materials of construction. Although constructability and economic feasibility are of significant importance, the functional result of the design and aesthetics will be weighted at final recommendations. In accordance with Georgia Department of Transportation requirements, evaluation of environmental impacts shall be accomplished as a part of this design. Since most of the proposed project Wiil be.located along the existing tow path, a categorical exclusion may be utilized for much of the project. However, Toole Engineers will work with Ms. Dania Aponte of the Office ofEnvironment/LocationJor compliance with all environmental Issues. Additionally, compliance with the National Historic Preservation Act shall be required. Toole Engineers requests assistance and coordination from Augusta-Richmond County in determining whether historic resources are involved in the proposed project area that may be impacted by I I I I I I I I I I I I I I I I I I I proposed project improvements. Toole Engineers will work with the consolidated government in arranging a site visit by individuals specializing in architectural and archeological reviews. Other environmental considerations include wetland issues at Tailrace Crossings and connector trails from the tow path to other project components. The design of each specific project element will dictate the impact on possible lands that may include potential wetland areas. These issues will be addressed with the u.s. Army Corps of Engineers as required by law. As preliminary engineering documents are completed, revised construction cost estimates will be prepared for your review. Aggregate review of the preliminary engineering documents and opinion of construction cost will establish parameters for completion of construction documents and development of bid documents. Toole Engineers does not anticipate the need for right-of- way acquisition plans for the proposed project. Should right-of-way acquisition become necessary to complete project development, requirements to accomplish the necessary legal documents will be established through the Augusta-Richmond County Public Works Department. Utility relocation will be addressed during the development of preliminary engineering documents. A general flow chart of the design process is attached. I I I I I I I I I I I I I I I I I I I 1-~~11 Design criteria for thc:~ project will generally be based on guidelines and requirements established by the Georgia Department Transportation for TEA projects. According to information published in "The Process Flow for Transportation Enhancement Activity Projectsll, general and specific design requirements ",rill be based on the American Association of State Highway and Transportation Officials Guidelines, the U.S. Secretary ofInterior "Standards and Guidelines, Archeology and Historic Preservation", and the Americans Disability Act. As noted in the Project Approach, the ultimate design must be constructable, economically feasible and address ecological, environmental, and archeological issues. Additionally, W. R. Toole Engineers, Inc. will utilize the resources of the National Bicycle and Pedestrian Clearinghouse for specific case studies, technical briefs and safety issues; The clearinghouse is a partnership of the Bicycle Federation of America, the Rails to Trails Conservancey, and the Federal Highway Administration. Information obtained thiough the clearinghouse will be incorporated into the design aspects; specific design criteria for various components of the project will be prepared in accordance with AASHTO guidelines. I In general accordance with the process flow requirements, design criteria will be reviewed and specific issues address,ed during the concept meeting coordinated through the Georgia Department of Transportation. Additionally, technical specifications for specific elements of the design, not included under current Georgia Department of Transportation specifications, will be reviewed. In keeping with the intent of the Augusta Canal Master Plan, specific portions of the proposed canal bikeway/pedestrian trail that impact historical structures or educational interpretative centers will be designed to enhance the nature of these facilities and preserve the structures/facilities as they are integrated into the project. Additionally, input from the Augusta- Richmond County Public Works Department and other governing agencies will be incorporated into the design. I I I I I I I I I I I I I I I I I I I 1.1...._iJJEIf'....JlIIll_.1 I The initial phase of project design will include preparation of an overall project map highlighting individual components specified in the Augusta Canal Master Plan.. Specific design elements associated with each (:omponent will be depicted. This drawing and information will be utilized to coordinate review of previously prepared documents and information of existing structures and facilities associated wIth the project. Toole Engineers will work with the Augusta-Richmond County Public Works Department to compile available resource information, drawings, studies, reports, and other information that may be useful in the design. Following the data research phase, Toole Engineers will request a preliminary concept review meeting with the Georgia Department of Transportation. This request should be facilitated by the Augusta-Richmond County Public Works Department as the sponsor with the Georgia Department of Transportation Project Manager. Specific issues relating to overall design and specific design elements will be addressed during this meeting. Toole Engineers will request participation by Mr. Tom Robertson, P.E, President of Cranston, Robertson & Whitehurst, P.c. during the concept meeting to address design elements associated with minor structure design. Concurrent with the concept meeting, Toole Engineers will begin field survey enhancement of those areas previously outlined. This enhancement will include as-built topographic data for detailed design activities. Additional survey enhancement will also be required in areas where aerial data is limited due to vegetative undergrowth or obstructions. GPS equipment will be used to establish Georgia state plane coordinates at locations requiring enhancement. These coordinates will facilitate integration of this data in the base maps. Based on the outlined areas for survey enhancement, Toole Engineers anticipates three (3) weeks offield time to complete surveying activities. The preliminary layout utilized in the Concept Meeting will establish the basis for the preliminary design document. Details and design of specific project components will be incorporated into the layout. Field survey data will also be incorporated into the layout. Specific elements of the project identified during the Concept Meeting will be addressed and integrated into the design I I I I I I I I I I I I I I I I I I I documents. Preliminary design of minor bridge structures will be completed and alternatives evaluated. The time estimated to complete preliminary design documents will be approximately twenty-eight (28) we~:ks. As the preliminary design documents are being prepared, Toole Engineers will work with the Augusta-Richmond County Public Works Department to identify and address environmental, archeological, historic and wetland issues. Existing documents and reports will be utilized where applicable; specialists from the Georgia Department of Transportation will be involved as necessary to accomplish required documentation of these issues. The actual time required to complete environmental, archeological, historic and wetland evaluations is variable depending on the preliminary design and the designation of facilities or structures by the Georgia Department of Transportation. We anticipate that much of the environmental permitting can be accomplish,ed through the Categorical Exclusion documentation. Once preliminary design documents are accepted by the Augusta-Richmond County Public Works Department, Toole Engineers will begin preparation offinal design drawings and documents. These drawings and documents will include right-of-way plans that may be necessary to construct the proposed project dements as well as bid documents, contract documents, agreements, and technical specifications that may be required in addition to the Georgia Department of Transportation Standards and Specifications. Preparation offinal drawings and documents will ~require approximately twelve (12) weeks to complete. Right-of-way plans, if necessary, will be prepared concurrently and submitted to your office for review and comment. Changes to the design drawings, plans or documents will be accomplished as received. ]freview by the Georgia Department of Transportation or a field plan review is required, an additional six (6) weeks should be scheduled for coordination and completion of these activities. Additional chaQges or modifications may be required by the Department; time to complete additional plan and/or-specification changes will be dependant on the scope and magnitude of these modifications. I I I I I I I I I I I I I I I I I I I Toole Engineers will prepare the necessary bid documents arid notify the Augusta-Richmond County Purchasing Dl~partment to coordinate the bidding process. . We will receive, tabulate and evaluate the bids and make appropriate recommendations to the Augusta-Richmond County Public Works Department for action. After the project is awarded, Toole Engineers will coordinate with the Augusta-Richmond County Public Works Department to conduct a pre-construction meeting. During construction Toole Engineers will review change orders, pay requests, and other documents as necessary to support the Public Works Department. Due to the specialized nature of the project, construction inspection is recommended but not included in the TEA application. If construction inspection is desired, Toole Engineers will work with the Augusta-Richmond County Public Works Department to establish an appropriate rate fee dependent on the complexity of the activities and time requirements. I I I I I I I I I I I I I I I I I I I I..-I_...........~....I Costs associated with engineering design, environmental planning, and construction administration were included in the original TEA Application. These costs totaled $103,009.00, excluding construction administration for Phases I-B and I-C. The formula used to establish these costs was based on ten percent (10%) of total construction costs for the above outlined services, seven percent (7%) intended for design and three percent (3%) for construction administration. As a result, the engineering fees allowed for design of the three project phases is $87,371, including structural dc::sign of bridges and minor structures. FIeld enhancement of aerial topographical information was not included in the fees submitted in the application; however, approximately 15 to 20 days of field time is anticipated to provid~, detailed information of certain areas. Toole Engineers proposes to provide these services for $18,000, including field surveying, setting GPS coordinate points at seven (7) locations, and integration of survey data into base maps. Surveying activities will also be used to detail existing structures and map associated facilities for structural design. This data will be used by Cranston, Robertson, and Whitehurst, P. C. in their design activities. Although some data is presently available concerning historical and environmental aspects of the project area, a detailed evaluation of the project impact on archeological, historic or environmental aspects of the project will not be clearly defined until the preliminary design has been accomplished and the Georgia Department of Transportation specialists make a final evaluation. The current application and fee structure provides for planning to accommodate environmental issues but not environmental permitting. i'The Process Flow for Transportation Enhancement Activity Projects" indicates that guidance on Environmental Compliance will be provided by the Office of Environmertt, Georgia Department of Transportation. Additionally, much of the proposed project will be located along the existing tow path. Consequently, little impact on environmentally sensitive areas is anticipated and compliance and clearance can be satisfied through a Categorical Exclusion. In the event that detailed historic and/or environmental investigations are required, Toole Engineers requests that the Augusta-Richmond County Public Works Department provide these services. Toole Engineers.will support these activities and coordinate the activities of other con'sultants. I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA DEPARTMENT OF TRANSPORTATION NOTICE OF PROFESSIONAL CONSULTANT QUALIFICATION You are qualified to provide Consulting Services to the Department of Transportntion for the area- . classes of work checked below. Notice of qualification is n'ot a notice of selection. NAME AND ADDRESS W. R. Toole Engineers, Inc. 349 Greene Street Augusta, GA 30901 1. TRANSPORTATION PLANNING: 1.01 State Wide Systems Planning 1.02 Urban Area & Regional Transportation Planning 1.03 Aviation Systems Planning 1.04 Mass & Rapid Transportation Planning 1.05 Alternate System ,3,. Corridor Location 'Planning 1.06 Environmental Studies 1.07 Attitude. Opinion & Community Value Studies 1.08 Airport Master Planning 1.09 Location Studies 1.10 Traffic & Revenue Studies 1.11 Preliminary Engineering Report (Toll Facilities) 1.12 Major Investment Studies .12. MASS TRANSIT OPERATIONS: 2.01 Mass Transit Program (Systems) Management 2.02 Mass Transit Feasibility & Technical Studies 2.03 Mass Transit Vehicle & Propulsion System 1= 2.04 Mass Transit Controls. Comr:nunications & Information Systems 2.05 Mass Transit Architectural Engineering 2.06 Mass Transit Unique Structures 2.07 Mass Transit Electrical & Mechanical Systems 2.08 Mass Transit Operations Management & Support Services. 2.09 Aviation 2. '10 Mass Transit Program (Systems) Marketing 3. HIGHWAY DESIGN ROADWAY: -.:,X_ 3.01 Two-Lane or Multi..Lane Rural Generally Free Access Highway Design ' _X_ 3.02 Two-Lane or Multi..Lane with Curb & Gutter Generally Free Access Highways Design Including Storm Sewers 3.03 Two-Lane or Multi..Lane Widening and Reconstruction. wiCurb & Gutter and Storm Sewers in Heavily Developed Commercial. Industrial and Residential Urban Areas 3.04 Multi-Lane, Limited Access Expressway Type Highway Design DATE 06-11-96 SIGNATURE MONTH & YEAR OF EXPIRA TJON NOVEMBER, 1998 CHAIRMAN, ON LTANT PREQUALIFICATION 3.05 Design f Urban Expressway & Interstate 3.06 Traffic Operations Studies 3.07 Traffic Operations Design 3.08 Landscape Architecture 3.09 Traffic Control Systems Analysis. Design & Implementation 3.10 Unused 3.11 Architecture _X_ 3.12 Hydraulic & Hydrological Studies (Roadway) _X_ 3.13 Facilities for Bicycles & Pedestrians 3.14 Historic Rehabilitation 4. HIGHWAY DESIGN BRIDGES: _X_ 4.01 Minor Bridges Design 4.02 Major Bridges Design 4.03 Movable Span Bridges Design 4.04 Hydraulic & Hydrological Studies (Bridges) 5. TOPOGRAPHY: _X_ 5.01 Land Surveying _X_ 5.02 Engineering Surveying 5.03 Geodetic Surveying 5.04 Aerial Photography 5.05 Aerial Photogrammetry 5.06 Topographic Remote Sensing 5.07 Cartography 6. SOILS, FOUNDATION & MATERIALS TESTING: 6.01 Geological &,: Geophysical Studies 6.02 Bridge Foundation Studies 6.03 Hydraulic & Hydrological Studies (Soils & Foundation) 6.04 Materials Testing 6.05 Hazard Waste Site Assessment Studies 7. GENERAL MANAGEMENT: 7.01 Management Systems. Methods & Studies _ 7.02 Financial Management 8. CONSTRUCTION: 8.01 Construction Supervision I I I I I I I I I I I I I I I I I I I STATE-OF GEORGIA DEPARTMENT OF TRANSPORTATION NOTICE OF PROFESSIONAL CONSULTANT QUALIFICATION You are qualified to pr'ovide Consulting Services to the Department ofTransporUition for the area- classes of wor'k checked below.. Notice'of qualification is not a notice of selection. NAME AND ADDRESS DATE MONTH & YEAR OF EXPIRATION 12-01-95 JANUAR Y, 1999 Cranston, Robertson & Whitehurst, P.c. S NA P. O. Box 2546 Augusta, G A 3090:3 1. TRANSPORT A TJON pILANNING: 1.01 State Wide Systems Planning 1.02 Urban Area and Regional Transportation Planning 1.03 Aviation Systems Planning 'i .04 Mass alid Rapid Transportation Planning 1.05 Alternate System and Corridor Location , Planning 1.06 Environmental Studies 1.07 Attitude, Opinion & Community Value Studies 1.08 Airport Master Planning 1.09 Location Studies 1.10 Traffic And Revenue Studies 1.11 Preliminary Engineering Report (Toll Facilities) 1.12 Major Investment Studies 2. MASS TRANSIT OPERATIONS: 2.01 Mass Transit Program (Systems) Management 2.02 Mass Transit Feasibility and Technical Studies 2.03 Mass Transit Vehicle & Propulsion System 2.04 Mass Transit Controls, Communications & Information Systems 2.05 Mass Transit Architectural Engineering 2.06 Mass Transit Unique Structures 2.07 Mass Transit EIec.1rical & Mechanical Systems 2.08 Mass Transit Operations Management & Support Services _X_ 2.09 Aviation 2.10 Mass Transit Program (Systems) Mark~ting 3. HIGHWAY DESIGN ROADWAY: _X_ 3.01 Two-Lane or Multi-Lane Rural Generally Free Access Highway Design _X_ 3.02 Two-Lane or Multi-Lane with Curb and Gutter Generally Free Access Highways Design Including Storm Sewers . _X_ 3.03 Two-Lane or Multi-Lane Widening and . Reconstruction, w/Curb & Gutter and Storm Sewers in Heavily Developed Commercial, Industrial and Residential Urban Areas _X_ 3.04 Mu~i-Lane, Limited Access Expressway Type Highway Design ALIFICA nON 3.0 esignof pr sway & Interstate 3. 6 Traffic Operations Studies 3.07 Traffic Operations Design 3.08 Landscape Architecture 3.09 Traffic Control Systems Analysis, Design & Implementation 3.10 Unused 3.11 Architecture _X_ 3.12 Hydraulic & Hydrological.Studies (Roadway) _X_ 3.13 Facilities for Bicycles & Pedestrians 3.14 Historic Rehabilitation 4. HIGHWAY DESIGN BRIDGES: _X_ 4.01 Minor Bridges Design _X_ 4.02 Major Bridges Design _ 4.03 Movable Span Bridges Design _X_ 4.04 Hydraulic & Hydrological Studies (Bridges) 5. TOPOGRAPHY: _X_ 5.01 Land Surveying _X_ 5.02 Engineering Surveying _X_ 5.03 Geodetic Surveying _ 5.04 Aerial Photography _ 5.05 Aerial Photogrammetry _ . 5.06 Topographic Remote Sensing _X_ 5.07 Cartography 6. SOilS, FOUNDATION & MATERIALS TESTING: 6.01 Geological & Geophysical Studies 6.02 Bridge Foundation Studies _X_ 6.03 Hydraulic & Hydrological Studies (Soils & Foundation) 6.04 Materials Testing 6.05 Hazard Wa.ste Site Assessment Studies 7. GENERAL MANAGEMENT: 7.01 Management Systems, Methods & Studies _ 7.02 Financial Management 8. CONSTRUCTION: _ 8.01 Construction Supervision I I I I I I I I I I I I I I I I I I I 349 GREENE STREET AUGUSTA. GA 30901 P.O. BOX 600 AUGUSTA, GA 30903 706.722.4114 (VOICE) 706.722.6219 (FAX) EMAIL: WRTENG@SCESCAPE.NET PRINCIPALS WILUAM R. TOOLE. P.E. FRANKWN A. TOOLE. LS. BARRY A. TOOLE. L.S. ASSOCIATES STEVEN M. HARDY. LS. ERIK P. HAMMARLUND. P.E. w. R. Toole Engine~rs, Inc. Engineers . Consultants . Surveyors . Planners Octobe:r 14, 1997 Augusta-Richmond County Public Works & Engineering 530 Greene Street, Room 701 Augusta, Georgia 30911 ATTN: Mr. Drew Goins SUBJECT: Supplemental Information Engineering Proposal for Augusta Canal Multi-Use Trail TEA Project No. STP-00E(96), P.I. No. 271120 Richmond County Project Reference: 93-036(B) Dear ~lr. Goins: W. R. Toole Engineers, Inc. is pleased to provide additional information in response to comments received by you from the Georgia Department of Transportation regarding the subject project. In general, the Georgia Department of Transportation indicated three (3) specific areas of co.ncern: 1. Public comment during design phase 2. Preparation of Project Concept Report 3. Environmental documentation and permitting Having met with you to discuss these issues, Toole Engineers has prepared the following response based on "the Process Flow for Transportation Enhancement . Activity Projects" and the !'Transportation Enhancement Activity Memorandum of Understanding". 1. Public Comment and Information Hearing: As discussed during our recent meeting, several public workshops and information meetings were held during the development ofthe Augusta Canal Master Plan. These workshops and public information meetings specifically addressed the need for pedestrianlbike trails,. the location and general type. of facilities required for the project, and the accessibility of the trails to off-site parking areas and other transportation nodes. Extensive public comment was received during these workshops and public meetings. I I I I I I I I I I I I I I I I I I I Augusta Canal Multi-Use Trail Supplemental Information W. R. Toole Engineers, Inc. October 14, 1997 Page 2 of3 However, we understand that in accordance with the Memorandum of Understanding, III (C), "the sponsor will seek public comment during the PROJECT'S design phase". As described in our original proposal, Toole Engineers project approach requires the development of a preliminary design followed by preparation of a Concept Report for review and comment by the Georgia Department of Transportation. Based on the comments and results of the preliminary design and concept report, Toole Engineers will initiate design of specific project elements. If necessary, public information meeting will be scheduled during this phase of the project to allow for public comment regarding the preliminary design and. concept report data. 2. Projec1t Concept Report: The proposed project schedule provides for the development of an overall master plan of the project including compilation of available resource information, drawings, studies, reports, and other information that may be useful in the design of the multi-use trails. . Using this information as part of the initial design parameters, Toole Engineers proposes that a preliminary "concept" meeting be scheduled with the sponsor and Georgia Department of Transportation representatives to discuss overall project elements. Based on the definition of specific project elements outlined in this meeting, a project concept report, including preliminary sketches of specific project elements, will be prepared and forwarded to the Georgia Department of Transportation for review and comment. Toole Engineers suggests a follow-up meeting with the sponsor and representatives from the Georgia Department of Transportation to review proposc~d revisions and/or comments. This meeting will be utilized to facilitate and coordinate appropriate design of specific project elements and as a preparation for a public: information hearing. 3. Environmental Documentation/Permitting: As note:d in the original proposal, Toole Engineers will work with the Augusta- Richmond County Public Works Department, the Georgia Department of Transportation and the Historical Preservation Department to identify and address environmental, archeological, historical, and wetland issues. Because the primary impact of the project on local environs will depend on proposed construction of specific structures for the project, preparation of preliminary design plans must be completed to accurately assess the impact of the proposed construction in sensitive areas and identify the necessary documentation and permits required. Toole Enginel~rs will prepare all documentation necessary to obtain Categorical Exclusions. Toole Engineers will also prepare documentation and obtain permits for activities that may require typical environmental and/or historical permitting as part of our normal scope of services. However, specialized permitting that may I I I I I I I I I I I I I I I I I I I Augusta Canal Multi-Use Trail Supplemental Information W. R. Toole Engineers, Inc. October 14, 1997 Page 3 of3 require detailed inves~igations by specialist will be funded separately by the Augusta Canal Authority. In 'that event, Toole Engineers will work with the Georgia Department of Transportation, Augusta-Richmond County Public Works Engine:ering Department, and the Canal Authority to identify and scope the proposed environmental and/or historical needs, identify appropriate prequalified consultants, and work with the consultants to provide appropriate documentation and obtain the necessary permits. W. R. Toole Engineers, Inc. appreciates this opportunity to respond to specific comments provided by the Georgia Department of Transportation regarding the proposal for the Multi-Use Trail along the Augusta Canal. Please note that Toole Engineers is committed to the successful completion of this project in accordance with Georgia Department of Transportation and IS TEA criteria. All documents and procedures associated with this project will comply with federal aid requirements. Toole Engineers also considers the input and participation by members of the Georgia Department of Transportation and Historical Preservation Department critical to the success of the project. As members of the project team, we encourage their participation in all meetings, site visits arId in-house review meetings as their schedules permit. Should you have any questions concerning this information or desire additional data, please do not hesitate to contact me. Very truly yours,e W. R. TOOLE ENGll'ffiERS, INe. ~!1~,??;)~ . ' PreSident WRT;bw '~