Loading...
HomeMy WebLinkAboutSand Hills Park Augusta Richmond GA DOCUMENT NAME: ~ \+, \ '<s .VOLr\C DOCUMENT TYPE: ~ V'e.e...v-v.€.I~ YEAR: 1JYJ \ BOX NUMBER: \ ~ FILE NUMBER: '~~4eo . NUMBER OF PAGES: ~~ ~~ -::# j5S 1/ ?' ./........~ ~. ~~~. AUGUSTA-RICHMOND-COUNTY COMMISSION '\ JAMES B. WALL CITY ArrORNEY LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H, BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B, KUlILKE, JR, STEPHEN E, SHEPARD MARION WILLIAMS BOB YOUNG Mayor P,O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator WM. "WILLIE" H. MAYS, III Mayor Pro Tem August 15,2001 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 RE: Sand Hills Park Dear Lena: I enclose herewith one original of the Agreement between Augusta and W. R. Tool Engineers for the Sand Hills Park. By carbon copy of this letter, I am forwarding a fully executed copy to Tom Beck. With best personal regards, I am Yours very truly, /"\ j _'__I J L__,U""" James B. Wall l,CVP JBW/sjp Enclosure cc: Tom Beck I I I I I I, I I I I I I I I I I I I I STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAJL SERVICES SAND HILLS PARK Prepared for Owner: Augusta-Richmond County Recreation & Parks Department 2027 Lumpkin Road Augusta, Georgia 30906 (706) 796-5025 ""'.~'""-.~ Prepared By Engineer: W R Toole Engineers, Inc 349 Greene Street - Augusta, Georgia 30901 - 706,722.4114 - www.wrtoole.com I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS Pal!e ARTICLE I - SERVICES OF ENGINEER 1.01 Scope 2 ARTICLE 2 - OWNER'S RESPONSIBILITIES 2.01 General 2 ARTICLE 3 - TIMES FOR RENDERING SERVICES 3.01 General 3.02 Suspension 2 2 ARTICLE 4 - PAYMENTS TO ENGINEER 4.01 Methods of Payment for Services and Reimbursable Expenses of ENGINEER 4.02 Other Provisions Concerning Payments ' 2 2 ARTICLE 5 - OPINIONS OF COST 5.01 Opinions of Probable Construction Cost 5.02' Designing to Construction Cost Limit 5.03 Opinions of Total Project Costs 3 3 3 ARTICLE 6 - GENERAL CONSIDERATIONS 6.0 I Standards of Performance 6.02 Authorized Project Representatives 6.03 Design without Construction Phase Services 6.04 Use of Documents 6.05 'Insurance 6.06 Termination 6.07 Controlling Law 6.08 , Successors,Assigns, and Beneficiaries 6.09 Dispute Resolution 6.10 Hazardous Environmental Condition 6.11 Allocation of Risks 6.12 Notices 6.13 Survival 6.14 Serverability 6.15 Waiver 6.16 Headings 3 4 4 4 5 5 6 6 6 6 7 7 7 7 7 7 ARTICLE 7 - DEFINITIONS 7.01 Defined Terms 8 ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included 8.02 Total Agreement 10 I 1 EJCDC No. 1910-1 (1996 Edition) I I I I I I I I I I I I I I I I I I I STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THlS IS AN AGREEMENT effective as of May 1 2001 ("Effective Date") between Aygysfa R;",IJllluJld COulIly RGGlcati611 &. FllrlH' Dep.':ntmpnt 4-rl..t.S let J c..~ \a,. ("OWNER") and W. R.Toole Engineers, Inc. ("ENGINEER"). OWNER intends to Develop and construct a'recreational facility on.2.53 acres of property located between Fleming Avenue, Auburn Street and Wheeler Road in Richmond County, Georgia, including a community Center (5,000 to 7,000 square feet) ("Project"). OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows: , Standard Form of Agreement Between Owner and Engineer for Professional Services Page I of II 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 become effective, ENGINEER is authorized to begin Basic Services as set forth in Exhibit A. I ARTICLE 2 - OWNER'S RESPONSIBILITIES ~I I 2.01 General A. OWNER shall have the responsibilities set forth herein and in Exhibit B. I ARTICLE 3 - TIMES FOR RENDERING SERVICES I 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 services hereunder will be for a period which may reasonably be required for the completion of said services. 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 amounts of compensation provided for herein shall be subject to equitable adjustment. If OWNE,R has requested changes' in the scope, extent, or character of the Project, the time of performance of ENGINEER's services, shall be adjusted equitably. I I I C. For purposes of this Agreement the term "day" means a calendar day of 24 hours. 3.02 Suspension' I A. If OWNER fails to give, prompt written 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. I I I 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 inaction's 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 reactivation and the fact that the time for' performance 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 performed or furnished under Exhibit A, Part I, as set forth in Exhibit C. B. For Additional Services. OWNER shall pay ENGINEER for Additional Services performed 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 4.0I.A and 4.0I.B, OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER or 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 otherwise 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 t8 ~akll .my ~~'Rl8Rt aye sll-lGllI-]esR fer ~ervi~0E :iRe expeR~e~ "'ithiR 30 eay~ after rooaipt sf ~}IGIl>]~~R's iRveise tHerefer, tHe ~RHHU:ltg SYIl ~}JGIl>J~~R "'ill 90 iRl>reagllS at ~a rata sf ] .Q% ~ ~ISRtR (sr tR8 RlaKiRlYRl rata sf iRteregt pem:littes by law, if less) Freffi saia tHiftietH aa)'. IR aasitieR, a}IGIl>laeR ~ay, ~ -affef- giviRg SeyeR 8a)'s v:riMeR R8tiee t8 OWMZR, Sl:tSpeRB ser'/ilJes liReer tRis .^.gre8Rl8Rt liRtil atlGlp.maR Has BeeR J3aid iR flill all aRlSliRts Sli8 fer ser'.'iGes, e1(~eRSaS, aRa g~er relatea 8Rarges. PaY~8Rts \'/ill Be 8F8aitea HFGt ts iRteregt tR8n ~~ C. Disputed Invoices. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the disputed portion will be paid. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 2 of II A. ENGINEER's opinions of probable, Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional generally familiar with the industry. However, since ENGINER has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids, or, actual Construction Cost will not vary from opinions of probable Construction Cost prepared by ENGINEER. If OWNER Standard Form of Agreement Between Owner and Engineer for Professional Services Page 3 of II I I I I I I I I I I I I I I I I I I I D. Payments Upon Termination. 1. In the event of any termination under paragraph 6.06, ENGINEER will be entitled to invoice OWNER and will be paid in accordance with Exhibit C for all, services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. 2. In the event of termination by OWNER for convenience or by ENGINEER for cause, ENGINEER, in addition to invoicing for those items identified in subparagraph 4.02.D.1, 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. 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. F. Legislative Actions. In the event of legislative 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 and paid by OWNER as a Reimbursable Expense to which a Factor of 1.0 shall be applied. Should such taxes, fees, or costs be imposed, they shall be in addition to ENGINEER's estimated total compensation. ARTICLE 5 - OPINIONS OF COST 5.01 Opinions of Probable Construction Cost 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 right's 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 performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances M tHe same time aRa in ~"iRHI Igsality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection '\I with ENGINEER's services. \}J 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 information. C. ENGINEER shall perform 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 deems necessary to assist' in the performance or furnishing of the services. ENGINEER shall not be required to employ any ENGINEER's Consultant unacceptable to ENGINEER. D. ENGINEER and OWNER shall comply with applicable Laws and 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 E. OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished 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 shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to delay the services of ENGINEER. I I G, Prior to the commencement of the Construction Phase, OWNER shall 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 ENIGNEER will 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 or certification, and OWN,ER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested. 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 agrees not to make resolution of any dispute with the ENGINEER or payment ()f 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 sh,all 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 com'ply with Laws and Regulations applicable to Contractor's, furnishing and perfonning the Work. I I I J. ENGINEER neither guarantees 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. I I K. ENGINEER shall not be responsible for the acts or omissions of any Contractor(s), subcontractor or supplier, or 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 any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER. I L. The General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Document No. 1910-8, 1996 Edition) unless both parties mutually agree to use other General Conditions. 6.02 Authorized Project Representative 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 shall 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. 6.04 Use of Documents A. All Documents 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. B. Copies of ONWER-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. C. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard Standard Form of Agreement Between Owner and Engineer for Professional Services Page 4 of II I I I I 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 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 will 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 days 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 transferring documents in electronic media format, ENGINEER make no representations as to long term compatibility, usability, or readability of documents resulting from the use of software applicable packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Project. I I F. ONWER may make and retain copies of Documents for information and reference in connection 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 other project. Any such reuse or modifications 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 or to ENGINEER's Consultants, OVv'NCR ,,1.1111 ;"dGI'lnif) 81'18 Hala Harmless I I I damagsE, leEESE>, aRe 8XJ38R&8g, iRslyeiRg arigiRg Syt sf sr rSEyltiRg tb\:r\:fn~Q:l. I G. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. I H. Any verification or adaptation ofthe Documents for extensions of the Project or for any other project will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. I 6.05 Insurance I A. ENGINEER shall procure and maintain insurance as set forth in Exhibit G., "Insurance." I 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 I 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' 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. A T 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 such periods of time as requested by OWNER, and Exhibit G will be supplemented to incorporate these requirements. 6.06 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 terminating party. b. By ENGINEER: I) upon seven days written notice if ENGINEER believes that ENGINEER is being requested by OWNER to furnish or perform services contrary to ENGINEER's responsibilities as a licensed professional; or 2) upon seven days written notice if the ENGINEER's services for the Project are I Standard Form of Agreement Between Owner and Engineer for Professional Services Page 5 of I I 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 transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no Standard Fonn of Agreement Between Owner and Engineer for Professional Services Page 6 of 11 I I delayed or suspended for more than 90 days for reasons 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 such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. I I I I 2. For convenience, I a. By OWNER effective upon the receipt of notice by ENG INEER. B. The terminating party under paragraphs 6.06.A,1 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 ENGINEER to demobilize personnel 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 material~ in orderly files. A ~ ~'07 Controlling Law ~~ I A. This A, geeement;, to be ~~ the ~ of!1),e 'L state in whic~he'proje~~q:lted. 1r~Y' ~CaL7 ~~/~iC~~ ~, I 6.0'8 r- 'Successors, i\s'signs, and Beneficiaries " ' I I I 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 Agreement and the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants agreements and obligations of this Agreement. I I I I I 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 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. 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 is 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 a Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. E. OWNER acknowledges that ENGINEER is perfOlming 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. I I F. If ENGINEER's services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall just~fy ENGINEER's terminating this Agreement for cause on 30 days notice. I 6.10 Allocation of Risks I A. Indemnification I I. To the fullest extent permitted by la~, ENGINEER shall indemnify and hold harmless , OWNER, OWNER's officers, directors, partners, and employees 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 ENGINEER or ENGINEER's officers, directors, partners, employees, and ENGINEER's Consultants in the performance and furnishing of ENGINEER's services under this Agreement. I I I I, ER shall indemnify and hold harm Ie EN INEER, ENGINEER's officers, directors, partn s, em pI ees and ENGINEER's Consultants from and agains ny and all costs, losses, and damages (in ding but not imited to all fees and charges of e ineers, architects, attorneys, and other professional and all court or a itration or other dispute resol Ion costs) caused solei by the negligent acts or missions of OWNER or WNER's officers, direc rs, partners, employees, and WNER's consultants ith respect to this Agreement or he Project. I I I I I I 4, In addi on to the indem 'ty provided under paragraph 6.11. .2 of this Agreement, and to the fullest extent permitt by law, OWNER sha indemnify and hold harmle ENGINEER and its offi rs, directors, partners, e ployees, and ENGINEER's Consultants from an against all costs, losses, ,an ' damages (includi but not limited to all fees and c arges of engine rs, architects, attorneys, and other profe sionals, and I court or arbitration or other dispute res lution co ) caused by, arising out of or resulting fr a rdous Environmental Condition, provided tha (i) I I I . ... . . , , , destruc f tangible property (other th mpleted Work), includin oss of use re 'g therefrom, and OWNER to inde any indivI entity from and against onsequences of that individua entity's . . 6.11 Notices A. Any notice required under 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 prepaid, or by a commercial courier service, All notices shall be effective upon the date of receipt. 6.12 Survival A. All express representations, indemnification's, or limitations of liability included in this Agreement will survive its completion or term ination for any reason. 6.13 Serverability 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 the Agreement shall be reformed to replace such stricken provision that comes as close as possible to' expmssing the intention of the stricken provision. 6.14 Waiver A. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 6.]5 Headings A. The headings used in this Agreement are for general reference only and do not have special significance. ARTICLE 7 - DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all capital letters, the terms listed below have the meanings indicated, which are applicable to both the singular and plural thereof: I. Addenda - Written or graphic instruments issued prior tot he opening of Bids which clarify, correct, or change the Bidding Documents. I Standard Form of Agreement Between Owner and Engineer for Professional Services Page 7 of 11 I I I I I I I I I I, I I I I I I I I I 2. Additional Services - The services to be perfonned for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part 2 of this Agreement. 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 Agreement. Construction Cost is one of the items comprising Total Project Cost. 3. Agreement - This "Standard Fonn of Agreement between OWNER and ENGINEER for Professional Service," including those Exhibits listed in Article 8 hereof. 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 notice of award) when attached as an exhibit to the Construction 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 in the Construction Agreement, together with al Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on 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. 4. Application for Payment - The fonn acceptable to ENGINEER which is to be used by Contractor in requesting progress or final payments for completion of its Work and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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. Basic Services - The services to be perfonned for or furnished to OWNER by ENGINEER in accordance with Exhibit A, Part I, of this Agreement. 7. Bid - The offer or proposal of the bidder submitted on the prescribed fonn setting forth the prices for the Work to be perfonned. 14. Contract Price - The moneys payable by OWNER to Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Construction 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. 15. Contract Times - The numbers of days or the dates state in the Construction 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. 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. 16, Contractor - An individual or entity with whom OWNER enters into a Construction Agreement. 10. Construction Agreement The written instrument which is evidence of the agreement, contained in the Contract Documents, between OWNER and Contractor covering the Work. 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 Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 11. Construction Contract - The entire and integrated written agreement between the OwNER and Contractor concerning the Work. 18. Defective - An adjective which, when 12. Construction Cost - The cost to OWNER of modifying the work Work, refers to Work that is those portions of the entire Project designed or specified unsatisfactory, faulty, or deficient, in that it does not by ENGINEER. Construction Cost does not include conform to the Contract Documents, or does not meet the costs of services of ENGINEER or other design requirements of any inspection, reference standard, test, professionals and consultants, cost of land, rights-of- or approval referred to in the Contract Documents, or has way, or compensation for damages to properties, or been damaged prior to ENGINEER's recommendation of OWNER's costs for legal, accounting, insurance final payment. Standard Form of Agreement Between Owner and Engineer for Professional Services Page 8 of 1 I I I I I I I I I I I I I I I I I I I I 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. governmental bodies, agencIes, authorities, and courts having jurisdiction. 29. PCB's':'" Polychlorinated biphenyl's. 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. 30. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit an'd 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. 21. Effective Date of the Construction Agreement - The date indicate din 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. 31. Radioactive Materials - Source, special nuclear, or byproduct material as defmed by the Atomic Energy Act of ]954 (42 USC Section 201 I et seq.) as amended from time to time. 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. 22. Effective Date of the Agreement - The date indicated in 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, 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. 24. Field Order - A written order issued by ENGINEER which directs minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 33, Reimbursable Expenses - The expenses incurred directly by ENGINEER in connection with the performing or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Exhibit Co. ' 34. Resident Project Representative - The authorized representative, of ENGINEER, if any, assigned to assist ENGINEER at the Site during 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 includes any assistants of Resident Project Representative agreed to by OWNER. 25. General Conditions - That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by Contractor with respect to the Project. 26. Hazardous Environmental Condition - The presence at the Site of Asbestos, PCB's, Petroleum, Hazardous Waste, or Radioactive ' Materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in' connection with the Work. 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. 27. Hazardous Waste - 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. 36. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to ENGINEER to illustrate some portion of the Work. 28. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all 37. Site - Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to' be performed, rights-of-way and , Standard Form of Agreement Between Owner and Engineer for Professional Services Page 9 of II I I I I I I I I I I I I I I I I I I I easements for access thereto, and such other lands furnished by OWNER which are designated for use of Contractor, 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 adm inistrative details applicable thereto. 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 "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 40. Supplementary Conditions - That part of the Contract Documents which amends or supplements the General Conditions. 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 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 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 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 perform ing , or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 44. Written Amendment - 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 -L pages. C. Exhibit C, "Payments to Engineer for Services and Reimbursable Expenses", consisting of ---L page. Appendix 2 to Exhibit C, consisting of ---L- page. D. Exhibit D, "Dl:Ities, Resp<msibilities aRd LimitatioRs of Authority of ResideRt Project RepreseRtati'/e," OOfl5tstiRg of pages. E. Exhibit E, "Notice of Acceptability of Work," OOfl5tstiRg of pages. F. Exhibit F, "CoRstruction Cost Limit," consisting of _ pages. G. Exhibit G" "Insurance," consisting of -L pages. H. Exhibit H, "Dispute Resolution," consisting E1f_ _ pages. . ,1. Exhibit I, "f.llocatioR of Risks," cORsistiRg af_ _ pages, .J. page57 Exhibit J, "Special ProvisioRs," cORsisting of 43. , Work Change Directive - A written directive to Contractor issued on or after the Effective Date of the K. , Exhibit K, "Proposal," consisting of -L pages. Construction Agreement and signed by OWNER upon recommendation of the ENGINEER, ordering an 8.02 Total Agreement addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical A. This Agreement (consisting of pages I to~ conditions under which the Work is to be performed or inclusive, together with the Exhibits identified above) to emergencies, A Work Change Directive will not constitutes the entire agreement between OWNER and change the Contract Price or the Contract Times but is ENGINEER ' ~nd ' supersedes all prior written or oral evidence that the parties expect that the change directed understandings. This Agreement may only be amended, or documented by a Work Change Directive will be supplemented, modified, or canceled by a duly executed incorporated in a subsequently issued Change Order written instrument. 'Standard Form of Agreement Between Owner and Engineer for Professional Services Page 10 of II I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page I. I ENGINEER: tfl4 Le: 4~~ / Date Signed: ' -, / -z....., , /~ , W. R. TOOLE ENGINEE:Z .>- By' !3<1~ A J _ 80- mle, v,. 0 Re.:::'~a-\- ~ Date Signed, 5.3.01 Address for giving notices: Address for giving notices: I I 349 Greene Street Augusta. Georgia 3090 I I I Designated Representative (paragraph 6.02.A.): Designated Representative (paragraph 6.02.A): Charles W. Hall. Jr, I Title: Title: Engineering Project Manager Phone Number: Phone Number: 706- 722-4114 I Facsimile Number: Facsimile Number: 706-722-6219 E-Mail Address: E-Mail Address: chaz@inkweb.com I I I I I I I Standard Form of Agreement Between Owner and Engineer for Professional Services Page II of II I 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 7 pages, referred to in and Part of the Agreement between OWNER and ENGINEER for Professional Services dated May 1 2001 . 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 and as per the attached Exhibit K, "Proposal," dated. PART I - - BASIC SERVICES AI.OI Master Plan Phase A. ENGINEER shall: I. Consult with OWNER to define and clarify OWNER's requirements for the Project and available data. 2. Advise OWNER as 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. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions ofthe Project designed or specified by ENGINEER, including but not limited to mitigating measures identified in the environmental assessment. 4, Identify and evaluate two (2) alternate solutions available to OWNER and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER's judgement 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 following, which will be separately itemized: opinion of probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by ENGINEER and, on the basis of information furnished by OWNER, allowances for other items and services includtld within the definition of Total Project Costs. 6. Perform and provide the following additional tasks or deliverables: 7. Furnish three (3) review copies of the Report to OWNER within 75 days of authorization to begin services and review it with OWNER. 8. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and furnish five (5) final copies of the revised Report to the OWNER within 30 days after completion of reviewing it with OWNER. B. ENGINEER's services under the Master Plan 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 n~quirements of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall: I, On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. Page I of 7 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 upon 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 contqined in the Preliminary Design Phase documents, submit a revised opinion of probable Construction Cost and any adjustments tot Total Project Costs known to ENGINEER, which will be itemized as provided in paragraph A1.01.A.5, 5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: 6. Furnish the Preliminary Design Phase documents to and review them with OWNER. 7, Submit to OWNER three (3) final copies of the Preliminary Design Phase documents and revised opinion of probable Construction Cost within 60 days 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. ' AI.03 Final Design Phase A. After acceptance by OWNER of the Preliminary Design Phase documents 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, ENqINEER shall: L 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. Specifications will be prepared, where appropriate, in general conformance with the l6-division format of the Construction Specifications Institute. 2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications for permits from or approval 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 I,OI.A.5. 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, its legal counsel, and other advisors, as appropriate, and assist OWNER in the preparation of other related documents. 6. Submit three (3) final copies of the Bidding Documents and a revised opinion of probable Construction Cost to OWNER within 60 days after authorization to proceed with this phase. B. In the event that the Work designed or specified by ENGINEER is to be performed or furnished under more than one prime contract, or if ENG INEER' s services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendmynt to Exhibit A whether or not the work under such contracts is to proceed concurrently. ' C. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER's compensation has been established under this Agreement is one (I). ' D. ENGINEER's services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph AI.03.A.6 have been delivered to OWNER. Page 2 of 7 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 A I. 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: I. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-Bid conferences, ifany, and receive and process Contractor deposits or charges for the Bidding Documents. ' 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 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 Documents. 4. 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. 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). AI.OS Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER, ENGINEER shall: I. General Administration of Construction Contract. Consult with OWNER and act as OWNER's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned in said General Conditions shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's instructions to Contractor will be issued through ENGINEER, who shall have authority to act on behalf of OWNER I dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. the Site. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work at 3. Visits to Site and Observation of Construction. In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by ENGiNEER, and the Resident Project Representative, ifany, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are tobe limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgement as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, ENGINEER will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informelofthe progress of the Work. b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if any, at the Site, will-be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a gr:eater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Page 3 of7 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 Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes' responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 4. Defective Work. Recommended to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 5. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents, 6. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 7. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action wilI not eX,tend 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. 8. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 9. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will before the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shalI be entitled to rely on the results of such tests. 10. Disagreements between OWNER and Contractor. Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity . 11. Applicationsfor Payment. Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER's 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, tothe results of any subsequent tests calIed for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit price work"ENGINEER's recommendations of payment will include final determinations of quantities and clas'sifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibility of ENGINEER contained in paragraph A 1.05.A.6.a are expressly subject tot he limitations set forth in paragraph A 1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or,quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond Page 40f 7 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 the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. [t will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account 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 encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 12. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. ENGINEER shall transmit these documents to OWNER. 13., Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 14. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverab[es: IS. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENG[NEER shall also provide a notice in the form attached hereto as Exhibit E (the "Notice of Acceptabi[ity of Work") that the Work is acceptable (subject to the provisions of paragraph A I.OS.A. [4.b) to the best of ENGINEER's knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. B, Duration of Construction Phase. The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract as indicated in paragraph A I,03.C, Construction Phase services may be rendered at different times in respect to the separate contracts. C. Limitation of Responsibilities. ENG[NEER 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 Documents, PART 2 - - ADDITIONAL SERVICES A2.01 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 indicated in Article 4 of the Agreement. I. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects 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 anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specifieq by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER's Page 5 of 7 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 schedule, character of construction, or method of financi,ng; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when 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 Master Plan Phase alternative solutions beyond those identified in paragraph A 1.0 I.AA. 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 of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by OWNER. 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 I .03.C. 10. Services during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's office. II. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by OWNER; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by OWNER for the Work or a portion thereof. 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. 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. 15. Providing construction surveys and staking to enable Contractor to perform its work other than as required under paragraph A 1.0S.A.S, 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. 16. Providing assistance in resolving any Hazardous Environmental Condition in compliance with current Laws and Regulations. 17. Preparing and furnishing to OWNER Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. 18. Preparation of operation and maintenance manuals. 19. 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. 20. 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 21. Other services performed or furnished by ENG INEER not otherwise provided for in this Agreement. Page 6 of 7 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 A2.02 Required Additional Services A. ENGINEER shall perform 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. 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, 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 determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions., 3: Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) an occurrence 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. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by OWNER pr!or to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. Page 7 of 7 Pages (Exhibit A - ENGINEER's Services) I I This is EXHIBIT B; consisting of 2 pages, referred to in and Part of the Agreement between OWNER and ENGINEER for Professional Services dated' May I 200 I I Initial: OWNER ENGINEER I OWNER's Responsibilities I Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall: I A. Provide ENGIEER with all criteria and full info'rmation as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, 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 fonns, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable, I I B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. I 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 infonnation and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services Such additional infonnation or data would generally include the following: I. Property descriptions. I 2. Zoning, deed, and other land use restrictions, I 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points, I 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof. I 5. Environmental assessments, audits, investigations ad impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas; 6. Data or consultations are required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. I D. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware ofa Hazardous Environmental Condition or of any other development that affects,the scope or time of perfonnance of ENGINEER's services, or any defect or nonconfonnance in ENGINEER's services or in the work of any Contractor. I E. Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required, I 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. I G. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaini,pg 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. I H, ,Provide reviews, approvals, and permits from all governmental 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. I Page 1 of 2 Pages (Exhibit B - OWNER's Responsibilities) I I I. Provide, as required for the Project: I. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. I 2. Legal services with regard to issues pertaining to the Project as OWNER requires, Contractor raises, or ENGINEER reasonably requests. I 3. Such auditing services as OWNER requires to ascertain how or for what purpose Contractor has used the moneys paid. I 4. Placement and payment for advertisement for Bids in appropriate publications. I 1. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perfonn or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. I 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. I 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 thereofto the duties, responsibilities, and authority of ENGINEER. I M. If more 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 define and set forth the duties, responsibilities, and limitations of authority or 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., I 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. I O. Provide the services of an independent testing laboratory to perform al inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the perfonnance of materials, equipment, and facilities of OWNER, prior to their incorporation into the Work with appropriate professional interpretation thereof. I 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 OWNERdetennines necessary to verify: I I. That Contractor is complying with any Laws and Regulations applicable to Contractor's performing and furnishing the Work. I 2. That Contractor is taking all necessary precautions for safety of persons or property and complying with any special provisions of the Contract Documents applicable to safety, ' I Q, Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to paragraphs B2.01.0 and P. I I I I Page 2 of 2 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 This is EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Profession-al Services dated May 1 2001 . Initial: OWNER_ ENGINEER_ Payments to ENGINEER for Services and Reimbursable Expenses Article 4 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 4 - PAYMENTS TO ENGINEER C4.0 1 For Basic Services Having a Determined Scope - Lump Sum Method of Payment A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A and Exhibit K, except for services of ENGINEER's Resident Project Representative and Post- Construction Phase Services, if any, as follows: I. A Lump Sum amount of $ 77 .600.00 based on the following assumed distribution of compensation: a. Master Planning Design Phase $ 7,600.00 b. Design & ConstructionPhase $70,000.00 2. ENGINEER may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in , writing by the OWNER. 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. 4. The portion of the Lump 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. 5. The Lump Sum is conditioned on Contract Times to complete the Work not exceeding fourteen (14) months. Should the Contract Time to complete the Work be extended beyond this period, the total compensation to ENGINEER shall be appropriately adjusted. 6. If more prime contracts are awarded for Work designed or specified by ENGINEER for this Project than identified in Exhibit A, the ENGINEER shall be compensated an additional amount equal to $5.500.00 for all Basic Services for each prime contract added. Page I of I Pages (Exhibit C - Basic Services With Determined Scope - - Lump Sum Method) I I I I Standard Hourlv Rates Schedule This is Appendix 2 to EXHIBIT C, consisting of I pages, referred To in and part of the Agreement between OWNER and ENGINEER for Professional Services dated May I 200 I Initial: OWNER_ ENGINEER_ I Current agreements for engineering services stipulate that the standard hourly rates are subject to review and adjustment per Exhibit C. Hourly rates for services performed on the date of the Agreement are: I Personnel Charl!es Principal Engineer Senior Professional Engineer Project Manager Project Engineer Staff Engineer Engineering Technician . Land Surveyor I Land Surveyor /I Suniey Party (1/2 day minimum) GPS Survey Crew (minimum 2 crews) CAD (Computer Assisted Drafting) (Drafting) Clerical I I I I I I I I I I I I $125.00 Per Hour $100.00 Per Hour $ 85.00 Per Hour $ 75,00 Per Hour $ 65.00 Per Hour $ 50.00 Per Hour $ 55.00 Per Hour $ 75.00 Per Hour $100.00 Per Hour $200.00 Per Hour $ 50.00 Per Hour $ 30.00 Per Hour I Page I of] Pages (Appendix 2 to Exhibit C - Standard Hourly Rates Schedule) I I This is EXHIBIT G, consisting of 2 pages, referred to in and Part of the Agreement between OWNER and ENGINEER for Professional Services Mav 1 200 I , I I I I I I I I I I I I 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.B of the Agreement are as follows: I. By ENGINEER: a. Workers' Compensation: Statutory b. Employer's Liability - - I) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: $ 500.000.00 $ 500.000.00 $ 500.000.00 c. General Liability - - I) Each Occurrence (Bodily Injury and Property Damage): 2) General Aggregate: $ ] .000.000.00 $ 1.000.000.00 d. Excess or Umbrella Liability - - 1) Each Occurrence: 2) General Aggregate: $ 2.000.000.00 $ 2.000.000.00 e. Automobile Liability - - I) Bodily Injury: a) Each Accident $ 2) Property Damage: a) Each Accident $ (or) 1) Combined Single Limit (Bodily Injury and Property Damage): Each Accident $ 1.000.000.00 I I f. Other (specify): Professional Liability $ 1.000.000.00 I I I Page I of 2 Pages (Exhibit G -Insurance) I I 2. By OWNER: a. Workers' Compensation: I I I I I I I I I I I I b. Employer's Liability - - I) Each Accident 2) Disease, Policy Limit 3) Disease, Each Employee c. General Liability - - I) General Aggregate: 2) Each Occurrence (Bodily Injury and Property Damage): d. Excess Umbrella Liability - - 1) Each Occurrence: 2) General Aggregate: e. Automobile Liability - - I) Bodily Injury: a) Each Accident 2) Property Damage: a) Each Accident [or) I) Combined Single Limit (Bodily Injury and Property Damage): Each Accident f. Other (specify): B. Additional Insureds Statutory $ $ $ $ $ $ $ $ $ $ $ , I. The following persons or entities are to be listed on OWNER's policies of insurance as additional insureds as provided in paragraph 6.05.B: a. W. R. Toole Engineers. Inc. ENGINEER b. ENGINEER'S CONSULTANT I c. ENGINEER CONSULTANT I I I I Page 2 of 2 Pages (Exhibit G -Insurance) I I I I I I I I I I I I I I I I I I I W R Toole Engineers, Inc. Engineers . Consultants . Surveyors . Planners Thursday, March 15, 2001 Augusta Recreation & Parks Department 2027 Lumpkin Road Augusta, Georgia 30906 Attention: Ron Houck Reference: Sand Hills Park Dear Ron, We are pleased to present our fee proposal for the Sand Hills Park Project. We are grateful for this opportunity and are excited about working with your office on this development. Our services will be based on the assumptions given to us in the RFP and our meeting with you and Tom Beck on March 9, 2001. We understand the construction budget to be approximately $800,000.00. We also understand that the project will include possible amenities such as a walking trail, passive recreation area, and a community center. The first phase of our activities will be to generate a "preferred alternative" for this development. We anticipate a meeting with your staff, and the local community advisement group for input on desired improvements. We anticipate 2 stakeholder meetings I input forums and a follow-up presentation to outline the preferred alternative for the park. Once a concept is approved we will proceed with the formal construction documents. We will prepare plans in accordance with the requirements of the preferred alternative concept. Plans will include all required documents for execution and construction of the facility. Based on our understanding of the needs, we would limit the design-size of the community center to 5,000-7,000 square feet. Based on our discussions and a review of the scope of services outlined in the response to the Augusta-Richmond County Parks and Recreation Department RFP, we submit the following schedule of costs: This is EXHIBIT K, consisting of --1-pages, referred to in an Part of the Agreement between OWNER and ENGINEER fo Professional Services dated May I, 200 I 349 Greene Street, Augusta, GA 30901 phone-706.722.4114. fax-706.722.6219 0 web-www.wrtoole.com I I I I I I I I I I I I I I I I I I I .:. Master Planning Design Phase: Concept Planning Community Focus Groups Preferred Alternative Concept .:. Design & Construction Phase: Engineering and Architectural Design (including Electrical, Mechanical, Contract Documents and Construction Specifications) Periodic Construction Inspection . Construction Administration Lump Sum Fee: $77,600.00 Additional consideration should be given to a geotechnical investigation of the site and any potential need for environmental studies. Our services do not include these studies although we can coordinate with a local firm for them as requested. Demolition activities could require abatements, etc and our plans would only show any required demolition of structures as a construction activity, not an environmental cleanup or abatement. Based on our conversations with HPD, there are no historic submittal requirements for this project, unless State of Georgia funds are involved with any , portion thereof. Our services exclude any historic permitting or submittals for this project. Again, we appreciate this opportunity to offer you our professional services to you for this project. Should you find this proposal acceptable, please sign and date a copy of it on the space provided below and return a copy to our office for our files. Should you have any questions, I am available at your convenience to discuss the project in further detail. to working with you on this project. Charles II Engineering Project Man ~ Barry A Tole Vice President Accepted By: Date: