HomeMy WebLinkAboutWindsor Spring Road Improvement
Augusta Richmond GA
DOCUMENT NAME: WI IV \) ~ 8(<. ~ f42 V-l;j QoA-~ r tv> pa. 0 Vr;; /Y1 &JTS
DOCUMENT TYPE: CON T R. A-CT
YEAR:
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BOX NUMBER: 'l}
FILE NUMBER:
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NUMBER OF PAGES:
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Public Works andEnglneering Department
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Jack F. Murphy, Director
Pre-Construction Section
Teresa C. Smith
Pre-Construction Engineer
1815 Marvin Griffin Road
Augusta, Georgia 30906
(706) 796-5040 Fax (706) 796-5045
Clifford A. Goins, Assistant Director
Engineering Division
April 30, 1999
Mr. William R. Toole
Toole Engineering
349 Greene Street
Augusta, Georgia 30901
RE: Windsor Spring Road Improvements
Project Number: 323-04-29682316
File Number: 87-056
Dear Mr. Toole: .
Enclosed herewith is the executed Engineering Contract on the above referenced
project for your records.
This documents your verbal ''Notice to Proceed" with the Engineering Services in
accordance with the enclosed contract given by Clifford Goins after receiving approval
from the County Commission on February 16, 1999.
Sincerely, f' .
~J\,UIOv C .[;jJm~
Teresa C. Smith
Pre-Construction Engineer
Public Works and Engineering
--'
TCSlbar
cc: Jack F. Murphy, Director, Public Works and Engineering
Drew Goins, Interim Assistant Director, Public Works and Engineering (w/copy
of Contract)
Lena Bonner, Clerk of Commission (w/original of Contract)
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
WINDSOR SPRING ROAD WIDENING PROJECT
Prepared For:
AUGUSTA-RICHMOND COUNTY COMMISSION
530 Greene Street
Augusta, Georgia 30911
Prepared by:
W. R. TOOLE ENGINEERS, INC.
349 Greene Street
Augusta, Georgia 30901
(706) 722-4114
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
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THIS IS AN AGREEMENT effective as of March 8 ,19-22- between
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Augusta-Richmond County Commission
("OWNER") and
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W, R. Toole Engineers. Inc. ("ENGINEER).
OWNER intends to Accomplish design of the Windsor Spring Road Improvements as detailed in attached proposal.
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("Project").
OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein agree as follows:
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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.
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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.
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3.
This agreement will become effective on the date first above written.
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Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 1 of 13
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ARTICLE 1 - SERVICES OF ENGINEER
1.01
Scope
A. ENGINEER shall provide the Basic and
Additional Services set forth herein and in Exhibit A.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin Basic Services as set
forth in Exhibit A.
C. If authorized by OWNER, ENGINEER shall
furnish Resident Project Representative(s) with duties,
responsibilities and limitations of authority as set forth in
Exhibit D.
ARTICLE 2 - OWNER'S RESPONSmILITIES
2.01 General
A. OWNER shall have the responsibilities as set
forth herein and in Exhibit B.
ARTICLE 3 - TIMES FOR RENDERING SERVICES
3.01 General
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.
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 OWNER has requested changes in the
scope, extent, or character of the Project, the time of
performance of ENGINEER's services shall be adjusted
equitably.
C. For purposes of this Agreement the term "day"
means a calendar day of 24 hours.
3.02
Suspension
A. If OWNER fails to give prompt written
authorization to proceed with any phase of services after
completion of the inunediately 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 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 4.01.A and 4.01.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 otherwise agreed. The amount billed
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Between Owner and Engineer for Professional Services
Page 2 of 13
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in each invoice will be calculated as set forth in Exhibit C.
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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 permitted 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 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.
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C. Disputed Invoices. In the event of a disputed or
contested invoice, only the portion so contested by be
withheld form payment, and the undisputed portion will be
paid.
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D. Payments Upon Tennination
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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.
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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.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.
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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.
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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 shall be
applied. Should such taxes, fees, or costs be imposed, the
shall be in addition to ENGINEER's estimated total
compensation.
ARTICLE 5 - OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
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 ENGINEER 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 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 performed or furnished by
ENGINEER under this Agreement will be the care and
skill ordinarily used by members of ENGINEER's
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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.
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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.
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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.
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D. ENGINEER and OWNER shall 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.
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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.
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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.
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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 ENGINEER will be requested to provide
to OWNER or third parties in connection with the Project.
OWNER and ENGINEER shall reach agreement on the
tenns of any such requested notice of certification, and
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OWNER shall authorize such Additional Services as are
necessary to enable ENGINEER to provide the notices or
certifications requested.
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 of any amount due to the ENGINEER in any way
contingent upon the ENGfNEER's signing any such
certification.
1. 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 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 any
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 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 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
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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.
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6.03 Design without Construction Phase Services
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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.
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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.
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6.04 Use of Documents
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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.
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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.
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C. Copies of Documents 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.
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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-
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.
E. When transferring 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 the beginning of this Project.
F. OWNER 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 modification without
written verification or adaptation by ENGINEER, as
appropriate for the specific purpose intende~ will be at
OWNER's sole risk and without liability or legal exposure
to ENGINEER or to ENGINEER's Consultants. OWNER
shall indemnify and hold harmless 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 for 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.
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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.
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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.
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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.
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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 such periods of time as requested by OWNER, and
Exhibit G will be supplemented to incorporate these
requirements.
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6.06 Termination
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A. The obligation to provide further services
under this Agreement may be terminated:
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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 .
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b. By ENGINEER:
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1) 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
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professional; or
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.
3) ENGINEER shall have no liability
to OWNER on account of such termination,
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, them 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.
2. For convenience.
a, By OWNER effective upon the receipt
of notice by ENGINEER.
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 materials in
orderly fUes.
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
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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.
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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.
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C. Unless expressly provided otherwise in this
Agreement:
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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.
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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.
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6.09 Dispute Resolution
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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.
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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."
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6.10 Hazardous Environmental Condition
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A. OWNER represents to Engineer that to the best of
its knowledge a Hazardous Environmental Condition does
not exist.
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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
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.
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 dermed 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.
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
1. 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
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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.
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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.
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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 damages 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.
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4. In addition to the indemnity provided under
paragraph 6.11.A.2 of this Agreement, and to the
fullest extent permitted by law, OWNER shall
indemnify and hold harmless ENGINEER and its
officers, directors, partners, employees, and
ENGINEER's Consultants from an against 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 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.A.4. 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 misconduct.
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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.
6.12 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 prepared, or by a
commercial courier service. All notices shall be effective
upon the date of receipt.
6.13 Survival
A. All express representations, indemnifications, or
limitations of liability included in this Agreement will
survive its completion or termination for any reason.
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 the Agreement shall be
reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close
as possible to expressing the intention of the stricken
provision.
6.15 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.
6.16 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:
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Page 8 of 13
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1. Addenda-- Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Documents.
OWNER and Contractor covering the Work.
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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.
11, Construction Contract-- The entire and
integrated written agreement between the OWNER
and Contractor concerning the Work.
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3. Agreement--This "Standard Form of
Agreement between OWNER and ENGINEER for
Professional Services," including those Exhibits
listed in Article 8 hereof.
12. Construction 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 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 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.
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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 documentation as is
required by the Contract Documents,
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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.
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 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.
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6. Basic Services-- The services to be
performed for or furnished to OWNER and
ENGINEER in accordance with Exhibit A, Part 1, of
this Agreement.
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7. Bid-- The offer or proposal of the bidder
submitted on the prescribed form setting forth the
prices for the Work to be performed.
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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.
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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.
14. Contract Price--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.
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10. Construction Agreement-- The written
instrument which evidence of the agreement,
contained in the Contract Documents, between
15. Contract Time--The numbers of days or the
dates stated 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
of final payment.
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16. Contractor--An individual or entity with
whom OWNER enters into a Construction
Agreement.
includes ENGINEER's Consultants.
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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.
24. Field Order--A wrinen 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.
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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.
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18. Defective--An adjective which, when
modifying the Work, refers to Work that is
unsatisfactory, faulty, or deficient, 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 final payment.
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.
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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.
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.
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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 defmed.
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.
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29. PCB's--Polychlorinated biphenyls.
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21, Effective Date of the Construction
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.
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,
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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.
31. Radioactive Materials--Source, special
nuclear, or byproduct material as defmed by the
Atomic Energy Act of 1956 (42 USC Section 2011 et
seq.) as amended from time to time.
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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
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
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Standard Form of Agreement
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Page 10 of 13
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to show changes made during construction.
"substantially completed" as applied to all or part of
the Work refer to Substantial Completion thereof.
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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 C.
40. Supplementary Conditions-- That part of the
Contract Documents which amends or supplements
the General Conditions.
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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 the Resident Project
Representative agreed to by OWNER. The duties
and responsibilities of the Resident Project
Representative are as set forth in Exhibit D.
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
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.
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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.
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 performing 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.
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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.
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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 easements for access thereto, and such other
lands furnished by OWNER which are designated for
use of Contractor.
43. Work Change Directive--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 subsurface or
physical conditions under 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 evidence 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.
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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.
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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
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.
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Page 11 of 13
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ARTICLE 8 - EXIDBITS 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.
D. Exhibit C, "Payments to Engineer for Services
and Reimbursable Expenses," consisting of -I- page,
E. Exhibit G, "Insurance," consisting of ----L-.. pages,
F. Exhibit J, "Special Provisions," consisting of-I-
page.
8.02 Total Agreement
A. This Agreement (consisting of pages 1 to-22-
inclusive, together with the Exhibits identified above)
constitutes the entire agreement between OWNER and
ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed
written instrument.
Standard Form of Agreement
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Page 12 of 13
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on
page I.
tJrb.
D~nated Representative (paragraph 6.02.A):
Bresa.. (2. 9Jrn/4h
Title: -p'(""~, ('--DneA-ruc..tlon lnj'/ nee-r
Phone Number: (1 hl~ 1cr ~ - 504>0
Facsimile Number: (10 W '7 q 10- ~ 0 4~
Email Address:isBP>\(D@co.nc...hmo f\A.~q, \.15
.
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ENGINEER:
W~~OOI:Eng:~WS.I",. ~
By: A. oole L.S. ~ It
Title: Secretarylfreasurer
3/~/99
Dated Signed:
Address for giving notices:
349 Greene Street
Augusta. GA 30901
Designated Representative (paragraph 6.02.A):
Erik P. Hammarlund. P.E.
Title: Engineering Proiect Manager
Phone Number:
Facsimile Number:
706- 722-4114
706- 722-6219
Email Address:ehammarlund@wrtoole.com
Standard Form of Agreement
Between Owner and Engineer for Professional Services
Page 13 of 13
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This is EXHIBIT A, consisting of~pages, referred to in and
part of the Agreement between OWNER and ENGINEER for
Professional Services dated March 8 , ---1.2.2.2....
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Initial:
OWNER
ENGINEER
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ENGINEER's Services
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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.
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PART 1 -- BASIC SERVICES
Al.OI Study and Report Phase
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A. ENGINEER shall:
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1. Consult with OWNER to defme and clarify 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.
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3. Identify, 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 environmental assessment.
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4. Identify and evaluate an alternate solution available to OWNER and, after consultation with OWNER,
recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's requirements for the Project.
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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 included within the definition of Total Project Costs.
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6. Perform or provide the following additional Study and Report Phase tasks or deliverables;
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7. Furnish~review copies of the Report to OWNER within..2Ldays of authorization to begin services and
review it with OWNER.
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8. Revise the Report to response to OWNER's and other parties' comments, as appropriate, and furnish-Lfinal
copies of the revised Report to the OWNER within 7 days after completion of reviewing it with OWNER.
9. Attend pre-design conference.
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B. ENGINEER's services under the Study and Report Phase will be considered complete on the date when the fmal
copies of the revised Report have been delivered to OWNER.
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Page 1 of 6 Pages
(Exhibit A - ENGINEER's Services)
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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 from OWNER, ENGINEER shall:
1. 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.
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 Bare
necessary and assist OWNER in obtaining such reports, data, information, or services.
4. Based on the information contained in the Preliminary Design Phase documents, 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 ALOLA.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---2-fmal copies of the Preliminary Design Phase documents and revised opinion of
probable Construction Cost within---.2,Ldays 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 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, ENGINEER shall:
1. On the basis of the above acceptance, direction, and authorization, prepare fmal Drawings indicating the scope,
extent, and character of the Work to be performed and furnished by Contractor. Georgia Department of Transportation
Standards and 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 fmal 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 1.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, it's legal counsel, and other
advisors, as appropriate, and assist OWNER in the preparation of other related documents.
6. Submit-2-fmal copies of the Bidding Documents and a revised opinion of probable Construction Cost to
OWNER within 70 days after authorization to proceed with this phase.
Page 2 of 6 Pages
(Exhibit A - ENGINEER's Services)
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B. 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 )
C. ENGINEER's services under the Final Design Phase will be considered complete on the date when the submittals
required by paragraph Al.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:
1. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
2. 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.
3. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables:
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).
A I ,05. Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER,
ENGINEER shall:
1. Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work at
the Site.
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.
3. 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.
4. 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 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.
5. 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.
6. Application for Payment. Based on ENGINEER's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting documentation:
Page 3 of 6 Pages
(Exhibit A - ENGINEER's Services)
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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, to the results of any
subsequent tests called 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 fmal determinations of quantities and classifications of Contractor's work
(subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of ENGINEER
contained in paragraph Al.05.A.6,a are expressly subject to the limitations set forth in paragraph AI.05.A.6.b and
other express or general limitations in this Agreement and elsewhere.
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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 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 fmal 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 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 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 such should be paid.
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B. Duration of Construction Phase. The Construction Phase will commence with the execution of the fust 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 that one prime contract as indicated in paragraph Al.03.C., Construction
Phase services may be rendered at different times in respect to the separate contracts.
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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 Documents.
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PART 2 -- ADDITIONAL SERVICES
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A2.01 Additional Services Requiring OWNER's Authorization in Advance
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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.
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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 anticipate environmental impact of the Project.
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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.
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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 fmancing; 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.
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4. Services resulting from OWNER's request to evaluate additional Study and Report Phase alterative solutions
beyond those identified in paragraph A 1.0 I.AA.
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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.
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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 the appraisals; assistance in obtaining fmancing 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.
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8. Furnishing services of ENGINEER's Consultants for other than Basic Services.
9. Services attributable to more prime construction contracts than specified in paragraph A1.03.C.
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10. Services during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's office.
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11. 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.
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12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by
OWNER for the Work or a portion thereof.
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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.
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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.
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15. Providing construction surveys and staking to enable Contractor to perform its work other than as required under
paragraph A1.05.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.
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16. Providing Construction Phase services beyond the Contract Times set forth in Exhibit C.
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17. Providing assistance in resolving any Hazardous Environment Condition in compliance with current Laws and
Regulations.
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18. Preparing and furnishing to OWNER Record Drawings showing appropriate recording information based on
Project annotated record documents received from Contractor.
19. Preparation of operation and maintenance manuals.
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Page 5 of 6 Pages
(Exhibit A - ENGINEER's Services)
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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.
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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 performed or furnished by ENGINEER not otherwise provided for in this Agreement.
I A2.02 Required Additional Services
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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.
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I. Services in connection with Work Change Directives and Change Orders to reflect changes requested by
OWNER so as to make the compensation conunensurate with the extent of the Additional Services rendered.
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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.
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3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of
materials, equipment, or energy shortages.
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4. Additional or extended services during construction made necessary by (1) emergencies or acts of God
endangering the Work, (2) an occurrence ofa 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.
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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.
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6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the Work,
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Page 6 of 6 Pages
(Exhibit A - ENGINEER's Services)
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This is EXHIBIT B, consisting of~ pages, referred to in and
part of the Agreement between OWNER and ENGINEER for
Professional Services dated March 8 , ~
Initial:
OWNER
ENGINEER
OWNER's Responsibilities
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.
B2.0 1 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall:
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 information 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:
1. 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. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or
cultural studies as to the 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 performance 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 Part 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.
Page 1 of 3 Pages
(Exhibit B - OWNER's Responsibilities)
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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.
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.
LProvide, as required for the Project:
1, Accounting, bond and fmancial 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, defme 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 authority of ENGINEER.
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 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 fmal payment inspections.
O. Provide the services of an independent testing laboratory to perform all inspections, tests, and approves of Samples,
materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and
facilities of OWNER, prior to their 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 necessary precautions for safety of persons or property and complying with any
special provisions of the Contract Documents applicable to safety.
Page 2 of 3 Pages
(Exhibit B - OWNER's Responsibilities)
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Q. Provide ENGINEER with the findings and reports generated by the entities providing services pursuant to paragraphs
B2.01.0 and P.
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R. Perform or provide the following additional services:
1. Schedule and attend a pre-design conference during the "Study and Report Phase" involving all utility
companies with utility locations within the project limits.
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2. Coordinate all meetings, design, and review of signalization improvements within the intersection of Highway
25 and Windsor Spring Road with Augusta-Richmond County Traffice Engineering Department.
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Page 3 of 3 Pages
(Exhibit B - OWNER's Responsibilities)
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This is Exhibit C, consisting of---1-page, referred to in and part
of the Agreement between OWNER and ENGINEER for Professional
Services dated March 8 , 1999 .
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Initial:
OWNER
ENGINEER
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Payments to ENGINEER for Services and Reimbursable Expenses
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Article 4 of the Agreement is amended and supplemented
to include the following agreement of the parties:
compensation to ENGINEER shall be appropriately
adjusted.
ARTICLE 4 -- PAYMENTS TO THE ENGINEER
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C4.01 For Basic Services Having a Determined Scope--
Lump Sum Method of Payment
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A. OWNER shall pay ENGINEER for Basic
Services set forth in Exhibit A, except for services of
ENGINEER's Resident Project Representative and Post-
Construction Phase services, if any, as follows:
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1. A Lump Sum amount of $ 85.000.00
based on the following assumed distribution of
compensation:
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a. Study and Report Phase $ 4.000.00
b. Preliminary Design Phase $ 48.000.00
c. Final Design Phase $ 23.000.00
d. Bidding and Negotiating Phase $ 5.000.00
e. Construction Phase $ 5.000.00
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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.
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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.
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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.
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5. The Lump Sum is conditioned on Contract
Times to complete the Work not exceeding 7
months, Should the Contract Times to complete the
Work be extended beyond this period, the total
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Page 1 of 1 page
(Exhibit C - Basic Services With Determined Scope -- Lump Sum Method)
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This is EXHmIT G, consisting of~ pages, referred to in and
part of the Agreement between OWNER and ENGINEER for
ProCessional Services dated March 8 , ~.
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Initial:
OWNER
ENGINEER_
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Insurance
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Paragraph 6,05 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.05 Insurance
A.
follows:
The limits ofliability for the insurance required by paragraph 6.05.A and 6.05.B of the Agreement are as
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I. By ENGINEER:
a. Worker's Compensation
Statutory
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b. Employer's Liability --
I) Each Accident:
2) Disease, Policy Limit:
3) Disease, Each Employee:
$ 500.000,00
$ 500.000.00
$ 500.000.00
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c, General Liability --
I) Each Occurrence (Bodily Injury and Property Damage):
2) General Aggregate:
$ 1.000.000.00
$ 1.000.000.00
d. Excess or Umbrella Liability --
I) Each Occurrence:
2) General Aggregate:
$ 2.000.000.00
$ 2.000.000.00
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e. Automobile Liability --
1) Bodily Injury:
a) Each Accident
$
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2) Property Damage:
a) Each Accident
$
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[or]
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1) Combined Single Limit
(Bodily Injury and Property Damage):
Each Accident
$ 1.000.000.00
f. Other specify:
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Professional Liability
$ 1.000.000.00
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Page I of 2 pages
(Exhibit G - Insurance)
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2. By OWNER:
a. Worker's Compensation:
Statutory
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b. Employer's Liability --
I) Each Accident
2) Disease, Policy Limit
3) Disease, Each Employee
$
$
$
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c. General Liability --
I) General Aggregate:
2) Each Occurrence (Bodily Injury and Property Damage):
$
$
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d. Excess Umbrella Liability--
I) Each Occurrence:
2) General Aggregate:
$
$
e. Automobile Liability:
1) Bodily Injury:
a) Each Accident
$
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2) Property Damage:
a) Each Accident
$
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[or]
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I) Combined Single Limit
(Bodily Injury and Property Damage):
Each Accident
$
f. Other (specify):
I $
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B. Additionallnsureds
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:
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a. W. R. Toole Engineers. Inc.
ENGINEER
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b.
ENGINEER'S CONSULTANT
c.
ENGINEER'S CONSULTANT
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Page 2 of 2 pages
(Exhibit G - Insurance)
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This is EXHIBIT J, consisting of 1 page, referred to in and
part of the Agreement between OWNER and ENGINEER for
Professional Services dated March 8 , ~.
I.
Initial:
OWNER
ENGINEER
Special Provisions
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Article 6, Exhibit A, and Exhibit B of the Agreement are amended to include the following agreement( s) of the parties:
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See attached proposal
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Page 1 of 1 page
(Exhibit J - Special Provisions)
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I:Q~~
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February 9, 1999
349 GREENE STREET
I AUGUSTA. GA 30901
P.O. BOX 600
AUGUSTA. GA 30903
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I EMAIL:
WRTENG@WRTOOLE.COM
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w. R. Toole Engineers, Inc.
Engineers . Consultants . Surveyors . Planners
706.722.4114 NOICE)
706.722.6219 (FAX)
877.WRTOOLE (TOLL FREE)
A TTEN:
Augusta-Richmond County Engineering Department
7th Floor, Municipal Building
530 Greene Street
Augusta, Georgia 30911
Mr. Drew Goins
Assistant Director of Public Works - Engineering Division
PRINCIPALS
WILLIAM R. TOOLE. P.E.
FRANKLIN A. TOOLE. L.S.
BARRY A. TOOLE. L.S.
SUBJECT: Proposal for Road Improvements
Windsor Spring Road
TE Proposal Number: P-97024
ASSOCIATES
STEVEN M. HARDY. L.S.
ERIK P. HAMMARlUND. P.E. Dear Mr. Goins,
W. R. Toole Engineers bas completed a preliminary field investigation ofWmdsor Spring
Road from the intersection at U.S. Highway #25 to the intersection at Wyman Street.
Having met with you to discuss the general proposed improvements and reviewed the
Augusta-Richmond County Traffic Engineers' evaluation, Toole Engineers has an
understanding of the project. We appreciate this opportunity to submit a proposal of our
professional services for this work. This proposal includes a description of the current
conditions, proposed improvements, potential obstacles, estimated construction costs,
a compensation schedule, and a time frame for completion of work.
CURRENT CONDITIONS:
The limits for the Windsor Spring Road Improvements Project begin at the signalized
intersection of U.S. Highway 25 and continue along Wmdsor Spring Road in a westerly
direction for approximately four thousand five hundred (4,500) feet. The current lane
configuration is a two-lane section for the entire length of the project. A third lane and
taper are located on the northern side of the road along the "Starvin Marvin" gas station
and "Kentucky Fried Chicken" restaurant. Entrance drives along the northern side of the
road are located in front of the Starvin Marvin, Kentucky Fried Chicken, Augusta
Square Shopping Center, and the two churches. Entrance drives along the southern side
of the road are located in front of the "Quickie Lube" automobile maintenance center and
Orchard Square Shopping Center. A "Hardees" restaurant is located on the southeast .
corner of the intersection but does not have direct access from Wmdsor Spring Road.
The remainder of the project is characterized by residential drives, an elementary schoo~
and several street intersections. (See attached figures).
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COMMERCIAL AREA
Storm drainage along Wmdsor Spring Road in the commercial area is limited to
one catch basin located on the northern edge of the pavement near the Augusta
Square Shopping Center. The primary storm water conveyance structure is a
storm sewer which is routed through the Augusta Square Shopping Center
parking area and into a junction box located at the south east comer of the
property. The storm sewer is then routed in an easterly direction parallel to
Wmdsor Spring Road for several hundred feet and tied into the aforementioned
catch basin. The sewer alignment then changes 90 degrees to the south and
crosses Windsor Spring Road where it discharges into an open ditch section.
The ditch section continues in a southerly direction behind the Orchard Square
shopping Center.
RESIDENTIAL AREA
The storm water conveyance system through the residential area is characterized
by a combination of storm sewers and open ditch sections. The primary feature
is a bridge crossing of Wmdsor Spring Road which traverses a creek routing
storm water from a Richmond County storm water detention facility located on
the south side of the road.
PROPOSED IMPROVEMENTS:
COMMERCIAL AREA
FWE-LANE SECTION: As per our discussion regarding the improvements for
this section of Wmdsor Spring Road, it is our understanding that a five-lane
section is desired for approximately three hundred (300) feet from the
intersection of Highway #25. The five-lane section will be tapered down and tied
into a new three-lane road section. Ibis five-lane section will include four lanes
with widths of eleven (11) feet and one center lane with a width of twelve (12)
feet. Thirty inch concrete curb and gutter will be utilized which will set a total
pavement width of sixty one (61) feet back of curb to back of curb. A five (5)
foot wide sidewalk will be constructed on each side of the road. Utilizing a
proposed eighty-five (85) foot right of way will yield a shoulder width of seven
(7) feet on each side of the road from the edge of the sidewalk: to the edge of the
right of way.
THREE-LANE SECTION: The proposed three-lane section will extend to the
Cokesbury Methodist Church approximately one thousand (1000) feet from the
five-lane section. This three-lane section will include two travel lanes with
widths of twelve (12) feet and a two-way left turn lane with a width offourteen
(14) feet. Thirty inch concrete curb and gutter will be utilized in conjuction with
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five (5) wide sidewalks. Utilizing a six (6) foot shoulder on each side will yield
a minimwn right-of-way width of sixty-five (65) feet.
MISCELLANEOUS: All entrance drives within the project limits will be
reconstructed as required. Storm sewer systems will be improved and routed
accordingly. The location of all existing traffic lanes in the U.S. Highway #25
intersection will dictate the position of the new alignment for the five-lane
section. The five-lane section and three-lane section will provide a greater level
of service for traffic flow in a westerly direction along Wmdsor Spring Road and
will also be beneficial for the existing access difficulties to the small businesses
in the vicinity.
RESIDENTIAL AREA
OBJECTIVES: The primary objective through the residential area is to realign
Wmdsor Spring Road in the vicinity of Regis Court and Dunham Court to
eliminate the existing tight radius curve and provide a safer travel path. The
limits of the new curve alignment will be determined by the convenience store on
parcel #160.1 and #160 and the house on parcel #317. Parcel #46 is currently
vacant. Please reference the included sketch. The second objective is to
eliminate the existing bridge crossing and provide a new box culvert crossing.
The condition of the bridge was indicated as being in a state of deterioration.
The third objective is to provide a two-way left turn lane in the vicinity of the
Dorothy Haines Elementary School.
TWO-LANE SECTION: The new road cross-section through the residential area
will include a two-lane configuration. The width of the two travel lanes will be
twelve (12) feet. New thirty inch concrete curb and gutter will be paralleled by
a five (5) foot wide sidewalk along each side of the road. The existing right-of-
way width of fifty (50) feet should be adequate for the new road section. This
will allow for a five and one half (5 ~) foot shoulder beyond the edge of the
sidewalks. The south side ofWmdsor Spring Road does not need new sidewalks
from the tree funn to the convenience store (approximately 1,600 feet). This will
allow additional shoulder width for regrading open ditch sections ifnecessary.
THREE-LANE SECTION: The proposed three-lane section will extend infront
of the elementary school approximately eight hundred (800) feet from the Gerald
Drive East intersection to the Wyman Street intersection. This three-lane
section will include two travel lanes with widths of twelve (12) feet and a two-
way left turn lane with a width of fourteen (14) feet. Thirty inch concrete curb
and gutter will be utilized in conjuction with five (5) wide sidewalks. Utilizing
a six (6) foot shoulder on each side will yield a minimwn right-of-way width of
sixty-five (65) feet.
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MISCELLANEOUS: All road intersections and residential driveways will be
realigned and reconstructed as necessary. Stormwater will be collected through
a network of catch basins and routed through storm sewers to appropriate
discharge points. These improvements will not only provide safer vehicular
access but will improve pedestrian access to the terminal of the project located
in the vicinity ofthe elementary school (parcel 82).
DESIGN CONSIDERA nONS:
The following is a list of the potential design challenges and construction conflicts
associated with the proposed improvements:
. The first conflict will be the location of two advertisement poles located at the
northeast and southeast comers of the Wmdsor Spring Road and U.S. Highway #25
intersection. One pole is located on the Starvin Marvin Property and the other pole
is located on the Hardees Property. Although relocation of the poles may not be
required, the poles do present some design constraints.
. There may be underground storage tanks located on the Starvin Marvin property
which may conflict with the right-of-way expansion.
. The proximity of the Kentucky Fried Chicken and the Quickie Lube to the existing
edge of pavement should be approached with concern. Due to the width of the
proposed pavement, one of these structures (or both) may be in direct conflict. W.R
Toole Engineers has discussed the potential conflict with the Augusta Richmond
County Traffic Engineering Department to determine several alternatives to modify
the geometry of the proposed road section. Our primary concern and objective was
to gain additional clearance in front of the Quickie Lube. The current traffic pattern
in front of the Quickie Lube necessitates the removal of one lane. This would yield
a proposed four lane configuration which could be achieved if the outside, eastbound
lane was converted into a right turn out lane which terminates at the shopping center
entrance immediately prior to the Quickie Lube. The remainder of this section of the
project would utilize the reduced three-lane section.
. The Kentucky Fried Chicken utilizes a block wall located in the parking area to
satisfY its storm water detention requirements. This wall may require relocation.
. The Orchard Square Shopping Center to the south ofWmdsor Spring Road does not
pose any conflicts. However, reconfiguration of the parking area will be required.
. The Augusta Square Shopping Center to the north of Windsor Spring does not pose
any direct conflicts either, but there is a concrete block wall located in the southeast
comer of the property which is utilized for detention purposes. This wall appears to
have experienced failures in the past and would require relocation.
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. The two churches within the project limits are located a back sufficient distance from
the existing edge of pavement and do not pose any concerns except for minor sign
relocations.
. A detention pond is located in the northeast portion of the Orchard Square Shopping
Center. The pond is located near the tennination of the three-lane section and should
not interfere with the proposed improvements.
. All utilities will be contacted and requested to attend a pre-<lesign. concept meeting
in an effort to reduce potential conflicts encountered during construction activities.
. The convenience store parking area (parcel #160) will be adversely affected by the
new road alignment. There is evidence of old underground tanks on the property
which may have been removed. A monitoring well was also noted in the field.
Contamination of the surrounding soil may be a factor in the road realignment.
. The new road alignment will adversely affect the side yard area of parcel #317.
Careful consideration must be given to any setbacks in this area
SURVEYING SERVICES:
W. R Toole Engineers will provide field surveying of the project area sufficient to
encompass the proposed improvements. The strip survey will be approximately 350 feet
wide in the commercial area and approximately 100 feet wide in the residential area All
intermediate intersections will be accurately surveyed to insure adequate information for
tie-ins. The total length of the survey, from the west side of the U.S. Highway #25
intersection to the Wyman Street intersection, is approximately 4,500 feet. The entire
intersection ofWmdsor Spring Road and U.S. Highway #25 will be surveyed to insure
accurate data of all current lane and median configurations which will allow for the
design. of the proposed geometric alignment.
Field survey data will include all surface features, topographical data, and structural
facilities. Local utility companies will be contacted in an effort to secure the identity and
location of underground utilities found in the project area. This information will be
processed in-house to prepare base maps for the engineering design phase of the project.
Surveying services will also include the preparation of any compiled easement strip maps
required for right of way acquisition.
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ENGINEERING SERVICES:
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A preliminary design. for the proposed improvements will be prepared and submitted to
the Richmond County Public Works Department for review and approval.
Simuhaneously, Toole Engineers will contact regional GA DOT personnel for review of
the project concerning the improvements to the intersection of U.S. Highway #25. The
signalization of the intersection is of particular concern. It is our understanding that all
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siena Ji7.ation improvements will be designed and incorporated by Augusta! Richmond
County Traffic Engineering personnel Following approval of the preliminary design by
all concerned agencies, Toole Engineers will prepare final construction documents for
bidding. Construction documents will include plan-profile of proposed improvements,
culvert details, typical cross sections, and quantity takeoffs based on the Georgia D.O.T.
Pay Item Index. All information and final construction documents will be reviewed with
Mr. Jack Murphy, Mr. Drew Goins, and Mr. Robert Clements of the AugustalRichmond
County Public Works Department for final approval.
CONSTRUCTION COST ESTIMATE:
The opinion of probable construction cost is as follows:
$990,000.00 - Windsor Spring Road widening project beginning at the
intersection of U.S. Highway #25 and continuing east for a distance of
approximately 4,500 feet to the vicinity of Wyman Street based on a new five-
lane, three-lane, and two-lane section.
The estimated construction costs are based on experience with similar projects and
conversations with the Richmond County Public Works Department. Actual
construction costs and associated quantities will vary based on final design information.
COMPENSATION:
Based on the scope of services outlined herein, Toole Engineers proposes the following
compensation schedule:
Surveying
. Location Survey
Compiled Strip Easement Maps
$ 22.000.00
$ 6.000.00
Engineering
. Preliminary Design Plans
Final Design Plans
Public Hearing
Preparation of Construction Documents
$ 58.000.00
GRAND TOTAL
$ 86.000.00
Please note that the above fees are representative of the services outlined above. Should
the scope of the project be revised or additional services requested a revised fee schedule
will be prepared and submitted for approval prior to any work.
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TIME SCHEDULE:
Toole Engineers will initiate surveying services based on your authorization to proceed.
We anticipate four (4) weeks for completion offield work, followed by two (2) weeks
of office time for data reduction and computerization. Preliminary base maps for design
should be completed within ten (10) days thereafter. Preliminary design will require
approximately eight (8) weeks to complete. Final design plans complete with quantity
takeoffs in pay item index form, easement maps, and public hearings will require an
additional four (4) weeks.
W.R Toole Engineers appreciates the opportunity to propose our services to you for this
project. Should you have any questions or require further elaboration concerning the
information enclosed herein, please do not hesitate to contact us.
Sincerely,
W. R TOOLE ENGINEERS, INC.
u/L
Erik Hammarlund, P.E.
;~;~er
B~. Toole
Vice President
attachments
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I Windsor Spring Road Improvements Project 219/99
Description Quantity Units Unit Cost Total Cost
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Stormwater Systems
I 18" RCP 2000 LF $22.00 $44,000.00
24" RCP 1600 LF $35.00 $56,000.00
48" RCP 200 LF $65.00 $13,000.00
I 5' x 5' Triple Box CuJvet 140 CY $600.00 $84,000.00
Catch Basins 25 EA $1,500.00 $37,500.00
Class "A" Concrete (Headwalls) 60 CY $600.00 $36,000.00
Miscellaneous Grading 1 LS $5,000.00 $5,000.00
I Sanitary Sewer
I Adjust Sanitary Sewer Services 43 EA $300.00 $12,900.00
Adjust Sanitary Sewer Manhole Tops 18 EA $350.00 $6,300.00
8" Sanitary Sewer 250 LF $22.00 $5,500,00
I 10" Sanitary Sewer 200 LF $28.00 $5,600.00
Water Distribution
I 6" Water Main 1000 LF $15.00 $15,000.00
8" Water Main 200 LF $18.00 $3,600.00
10" Water Main 200 LF $22.00 $4,400.00
I Adjust Water Services 43 EA $275.00 $11,825.00
Pavement Structures
I 4" Concrete Sidewalk 4400 SY $15.00 $66,000.00
30" Concrete Curb & Gutter 9500 LF $10.00 $95,000.00
New Pavement Structure (Asphalt) 1500 TON $32.00 $48,000.00
I New Pavement Structure (Graded Agg. Base) 3600 TON $20.00 $72,000.00
Asphalt (Overlays) 1750 TON $32.00 $56,000.00
Saw Cuts 10500 LF $1.00 $10,500.00
I Pavement Markings 1 LS $25,000.00 $25,000.00
Drive Reconstruction (Commercial & Residential) 45 EA $1,000.00 $45,000.00
Miscellaneous
I Parking Area Improvements 1 LS $30,000.00 $30,000.00
Guard Rails 1 LS $12,000.00 $12,000,00
I Traffic Control 1 LS $20,000.00 $20,000.00
Soil Erosion Control 1 LS $12,000.00 $12,000.00
Rip-Rap 350 SY $50.00 $17,500.00
Lump Sum Construction 1 LS $50,000.00 $50,000,00
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10% Contingency $89,962.50
I TOTAL $989,587.50
THIS OPINION OF PROBABLE CONSTRUCTION COST IS BASED ON EXPERIENCE WIlH SIMILAR PROJECTS.
.
ACTUAL CONSTRUCTION COSTS AND ASSOCIATED QUANllllES WILL VARY BASED ON FINAL DESIGN INFORMATION.
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