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HomeMy WebLinkAboutMACTEC ,: , t1:\1ACTEC PROPOSAUWORK ACCEPTANCE SHEET Project Name ("Project"): Augusta Canal Neoghborhood Revitalization Plan Proposal No.: Prop05Kenn246 Project Location ("Site"): Augusta, Georgia Office Designation: Kennnesaw CLIENT INFORM A TION Client Name: Augusta, Georgia Attention: Mayor Bob Young Address: 530 Greene Street, Room 806, Augusta, Georgia 30911 Telephone Number: 706-821-1831 Fax Number: 7060821-1835 TERMS AND CONDITIONS 1. SERVICES TO BE PROVIDED. MACTEC Engineering and Consulting, Inc. ("MACTEC") is an independent consultant and agrees to provide the Services to CLIENT for its sole benefit and exclusive use. There are no third party beneficiaries to this Agreement, except as permitted by MACTEC in writing. 2. DEFINITIONS. These terms will have the following meanings when used in this Agreement: a, Claims - All actions, suits, arbitrations, administrative proceedings, demands and claims for any and all damages, injunctive or any other relief based upon any cause of action whatsoever. b. Contaminants - Asbestos, mold, fungal, bacterial, viral or any other hazardous or toxic substances, pollutants and constituents, c. Environmental Health and Safetv Claims - All Claims related to or arising out of exposure to or release of Contaminants at or from the Site, before, during or after performance of the Services. d. Environmental Liabilities - All Liabilities related to or arising out of any and all Environmental Health and Safety Claims. e. Indemnitees - MACTEC, its parent, subsidiaries, affiliates and subcontractors, including their respective officers, directors, employees, principals, partners, agents, successors and assigns. f. Liabilities - All liabilities, damages, losses, costs, expenses, settlements, judgments, awards, and governmental penalties and sanctions, including reasonable attorneys' and experts' fees, including those attributable to bodily injury (including death), personal injury and property damage. g. Materials - Used storage tanks or any associated equipment, contaminated soils or materials. h. Orders - Any orders or other form writings issued or signed by the parties, such as purchase orders or work orders. i. Samoles - Specimens or representative pieces, segments or the like and/or the residue therefrom. j. Services - The consulting services set forth in the attached Scope of Authorized Work. k. Use or Used - Any distribution, publication, use or reuse of Work Product. I. Wastes - Surpluses, by-products, residues and the like and/or fluids produced by the Services. m. Work Product - All documents, whether a work-in-progress or final and paid for or not, including, but not limited to, analyses, drawings, specifications, reports and related documents generated by MACTEC under this Agreement. 3. STANDARD OF CARE. MACTEC will perform the Services using that degree of skill and care ordinarily exercised under similar conditions by reputable members of MACTEC's profession practicing in the same or similar locality at the time of performance. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED AND THE SAME ARE SPECIFICALLY DISCLAIMED. CLIENT shall not be entitled to assert a Claim against MACTEC based on any theory of professional negligence or violation of the standard of care unless and until CLIENT has obtained the written opinion from a licensed, independent and reputable engineering and/or environmental professional, as appropriate for the Services in question, that MACTEC has violated the standard of care applicable to MACTEC's performance of those Services under this Agreement. CLIENT shall promptly provide such independent opinion to MACTEC and the parties shall endeavor in good faith to resolve the claim within 30 days. If MACTEC fails to perform the Services in accordance with the applicable Standard of Care, CLIENT agrees that the damages for which MACTEC shall be liable are limited to that proportion of such damages which is attributable to MACTEC's percentage of fault, subject to the limitations otherwise set forth in Sections 4 and 5 of this Agreement. In any event, any claims that CLIENT may bring against MACTEC with respect to the Services to be performed by MACTEC must be commenced within one (I) year after the date of the report which MACTEC issues with respect to those Services. 4. LIMITATION OF LIABILITY. THE INCLUSION OF A LIMITATION OF LIABILITY PROVISION IN THIS AGREEMENT UNDER THE TERMS SET FORTH BELOW IS A MATERIAL CONSIDERATION FOR MACTEC'S WILLINGNESS TO PERFORM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND FOR ADDITIONAL CONSIDERATION OF $10.00 FROM MACTEC, CLIENT HEREBY EXPRESSLY AGREES THAT THE LIABILITY OF MACTEC, ITS PARENT, SUBSIDIARIES, AFFILIATES AND SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FOR ANY AND ALL CAUSES OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, AND/OR ANY SERVICES PERFORMED AND WORK PRODUCT DEVELOPED PURSUANT TO THIS AGREEMENT, EXCEPT FOR THOSE CAUSES OF ACTION FOR BODILY INJURY (INCLUDING DEATH) AND/OR PROPERTY DAMAGE RESULTING FROM AN OCCURRENCE CAUSED BY MACTEC DURING THE PERFORMANCE OF ITS FIELD OPERATIONS, SHALL BE LIMITED TO THE AGGREGATE SUM, INCLUSIVE OF AMOUNTS PAID TO SECONDARY CLIENTS, IF ANY, TO WHOM WORK PRODUCT IS PROVIDED UNDER A SECONDARY CLIENT AGREEMENT WITH MACTEC AND TO ANY OTHER THIRD PARTIES, INCLUDING ATTORNEYS' FEES AND ALL OTHER LITIGATION COSTS AND EXPENSES, IF ANY, THAT MACTEC IS OBLIGATED TO PAY, OF $50,000 OR THE TOTAL FEES PAID TO MACTEC BY CLIENT UNDER THIS AGREEMENT, WHICHEVER IS GREATER. ALL THIRD PARTY BENEFICIARIES TO THIS AGREEMENT, IF ANY, ARE INTENDED TO BE AND HEREBY ARE BOUND BY THE TERMS OF THIS LIMITATION OF LIABILITY AND THE AGGREGATE LIMITATION OF LIABILITY CONTAINED HEREIN. 5. INDIRECT DAMAGES. NEITHER PARTY SHALL BE RESPONSIBLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY ECONOMIC, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFITS, FINANCING OR REPUTATION) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PERFORMANCE OF THE SERVICES. I of 4 Proposal No. N/A 6. A American Arbitratio under its Constructio award re s c'ation (AAA), or such other bindin arbitration as m ar itrauon shall be administered us y Arbi s ommercial Arbitration Rules, whichever the arbitrator(s) deem more applicable. Judgment on the ar trator(s) shall be final and may be entered, in accordance with applicable law, in any court having jurisdiction thereof. t' 7. DOCUMENTS. MACTEC will furnish CLIENT with the agreed-upon number of written reports and supporting documents. All Work Product shall be MACTEC's sole property, as author and owner, and MACTEC hereby reserves and shall retain all common law, statutory and other rights thereto, including copyrights. MACTEC may retain copies of any or all Work Product and CLIENT-provided documents. CLIENT agrees that all Work Product furnished to CLIENT or its agents or designees, if not paid for or if improperly Used, will be returned upon demand and will not be Used for any purpose whatsoever. CLIENT acknowledges that the Work Product is intended for the exclusive use and benefit of, and may be relied upon only by, CLIENT. CLIENT agrees that under no circumstances shall any Work Product be used at any location or for any project not expressly provided for in this Agreement without MACTEC's prior written permission. CLIENT does not require MACTEC's permission for regulatory submittal of the Work Product, reliance on the Work Product by CLIENT's design team, of which MACTEC is a member, solely for the design of the project for which the Work Product was intended, or for disclosure of the Work Product without the right to rely. If CLIENT wishes to distribute any Work Product for reliance to any third party to which distribution for reliance is not authorized above, CLIENT and the third party must first execute MACTEC's Secondary Client Agreement. MACTEC makes no representation as to and specifically disclaims any express or implied warranties as to the suitability of any Work Product for any such third party's purposes. CLIENT acknowledges that a request for MACTEC to release any Work Product to a third party creates a potential conflict of interest and agrees that any such request shall serve as a waiver by CLIENT of any such conflict. CLIENT agrees to defend, indemnify and hold Indemnitees harmless from and against all Claims and Liabilities related to or arising from any unauthorized Use of the Work Product. Upon CLIENT's request, Work Product may be provided on electronic media; however, the written copy retained by MACTEC shall be the official document. The electronic copy is subject to all conditions contained in this Agreement. MACTEC makes no representation or warranty and specifically disclaims any express or implied warranty that the electronic copy is accurate or complete. Any modifications of the electronic copy by CLIENT shall be at CLIENT's sole risk and without liability to MACTEC. CLIENT further acknowledges that (i) the Work Product may be based in part or in whole on facts and/or assumptions provided to, but not independently verified by, MACTEC, (ii) the Work Product will reflect MACTEC's findings as to conditions that existed at the time the Services were performed and may not reflect conditions at a later time and (iii) MACTEC makes no representations as to such conditions subsequent to the time the Services were performed or with respect to any facts or assumptions provided to, but not independently verified by, MACTEC. 8. SITE RESPONSIBILITY. CLIENT will arrange for right-of-entry to the Site and will execute any necessary site access agreement. CLIENT shall provide MACTEC with an accurate description of the Site, all available Site information, and all documents deemed necessary by MACTEC. The Services do not include supervision or direction of the means, methods or actual work of contractors, other professionals or consultants not retained by MACTEC. The presence of MACTEC's representative will not relieve any such contractor, other professional or consultant of its responsibility to perform its work and services in accordance with its contractual and legal obligations and in conformity with the plans and specifications for the Project. CLIENT agrees that each contractor or subcontractor not retained by MACTEC shall be solely responsible for; (i) working conditions on the Site; (ii) security and safety of persons and property during the performance of its work; (iii) compliance with OSHA regulations; and (iv) providing any and all safety equipment necessary for the protection of its personnel. MACTEC's monitoring of any contractor's or any subcontractor's procedures is not intended to include a review of the adequacy of such contractor's or subcontractor's safety measures on or near the Site. It is agreed that MACTEC is not responsible for safety or security at the Site, other than for MACTEC's employees, and that MACTEC does not have the right or duty to stop the work of others. 9. PRIORITY OVER FORM AGREEMENTSIPURCHASE ORDERS. The parties agree that the provisions of this Agreement shall control and govern over any Orders, and that Orders may be issued by CLIENT to, or accepted by, MACTEC without altering the terms hereof, regardless of any contrary language a earin therein unless the arties s ecif in writin that such contrar term s a I to the Services which are the sub' ect of such Orders. NOTE: SECTIONS 10 - 12 SHALL APPLY IF SAMPLING OR OTHER INTRUSIVE SERVICES ARE PART OF MACTEC'S SCOPE OF SERVICES. 10. SITE OPERATIONS. Unless expressly stated otherwise, MACTEC's proposal or opinion of costs does not include the costs associated with surveying the Site to determine accurate horizontal and vertical locations of any tests, borings or well installation locations. CLIENT will be responsible for establishing test or boring locations. If surveying is required, such services will be provided by CLIENT or secured by MACTEC upon written request of CLIENT and at CLIENT's expense. Field tests or boring locations described in MACTEC's report or shown on sketches are based on specific information furnished by others or estimates made in the field by MACTEC's personnel. Such dimensions, depths or elevations are approximations. Unless expressly stated otherwise, MACTEC's charges do not include the costs of restoration of damage which is reasonably incidental to the performance of the Services. MACTEC shall not be responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions on the property owned or leased by CLIENT or third parties, except to the extent such damage or loss is a result of MACTEC's sole negligence. CLIENT shall defend, indemnify and hold Indemnitees harmless from and against all Liabilities and Claims related to or arising from such undisclosed or unknown surface or subsurface conditions, except to the extent such Liabilities and/or Claims are determined to have been caused solely by the negligence of MACTEC. 11. ENVIRONMENTAL INDEMNITY. CLIENT (i) hereby releases Indemnitees from all Environmental Health and Safety Claims and (ii) shall defend, indemnify and hold Indemnitees harmless from and against all Environmental Liabilities, except to the extent such Environmental Health and Safety Claims and/or Environmental Liabilities are determined to have been caused solely by the negligence of, or the willful violation of any applicable environmental health or safety law by, MACTEC. 12. SAMPLE AND WASTE DISPOSAL. Samples generally are consumed or altered during testing and are disposed of immediately upon completion of the tests. If CLIENT wishes MACTEC to retain any Samples, at CLIENT's written request, MACTEC will use its best efforts to retain preservable Samples, but only for a mutually acceptable time and for an additional charge. MACTEC reserves the right to refuse storage of any Samples. CLIENT agrees that MACTEC is not responsible or liable for loss of Samples retained in storage. If CLIENT requests MACTEC to containerize Wastes, CLIENT will provide a secure storage location at or near the Site to prevent tampering with the Wastes. Non-hazardous Wastes will be disposed of by MACTEC for an additional charge at an appropriately licensed facility. 2of4 Proposal No. Prop05Kenn246 . .. In the event that Samples or Wastes contain Contaminants, MACTEC will either (i) return the Samples or Wastes to CLIENT for proper disposal or (ii) using a manifest signed by CLIENT as generator and for an additional fee, have the Samples or Wastes transported to a location selected by CLIENT for final disposal. In such event, CLIENT acknowledges and agrees that MACTEC will be acting solely as agent for CLIENT and will at no time assume title, constructive or express, to any Samples or Wastes. CLIENT agrees to pay all costs associated with the storage, transport, and disposal of Samples and Wastes. Should MACTEC be requested as part of the Services to hire a subcontractor for the removal of any Materials from the Site, title to the Materials will remain with CLIENT, and MACTEC will act solely as an agent for CLIENT in arranging for and coordinating the removal and transport of the Materials by MACTEC's subcontractor. At no time will MACTEC or its subcontractor take title, constructive or express, to the Materials, and all manifests incidental to such Services shall be executed by CLIENT. If CLIENT wishes MACTEC to execute the manifests, CLIENT shall provide written authorization for MACTEC to sign solely as an agent for CLIENT, and CLIENT hereby expressly agrees to remain the sole generator of such Materials. CLIENT shall defend, indemnify and hold Indemnitees harmless from and against all Liabilities and Claims resulting from the rendering of Services as set forth in this Section 13, except to the extent such Liabilities and/or Claims are determined to have been caused solely by the negligence of, or the willful violation of any applicable environmental law by, MACTEC. 13. UNANTICIPATED CONDITIONS. CLIENT agrees to advise MACTEC of all known Contaminants and conditions existing on or near a Site that present a potential danger to health, the environment or MACTEC's equipment, if any. Should MACTEC encounter conditions on or near any Site which were not reasonably anticipated and/or which increase the risk involved in MACTEC's performance of the Services, upon notice to CLIENT, MACTEC, in its sole discretion, may (i) continue to perform the Services to completion, (ii) suspend activities and prepare a Change Order Request prior to proceeding or (iii) terminate all Services. Such termination shall not be a breach of this Agreement by MACTEC. In the event that the unanticipated condition is the presence of any Contaminants or other condition that presents a potential danger to health, safety, the environment or MACTEC's equipment, MACTEC has no obligation to assume, and does not assume, control of or responsibility for the Site or the person(s) in charge of the Site, or responsibility to report any such Contaminants or conditions to any federal, state or local authority. In such event, CLIENT agrees to notify the appropriate federal, state or local agencies, as required by law, and otherwise to disclose in a timely manner any information that may be necessary to ensure Site safety and to prevent damage to health and/or the environment. CLIENT acknowledges that MACTEC may be required to provide such notice or to make such disclosures if CLIENT fails to do so and agrees to hold MACTEC harmless therefor. 14. TESTIMONY. Should MACTEC or any employee of MACTEC be requested by any party, including CLIENT, or compelled by law to provide testimony (either as a fact or expert witness), produce documents or provide other evidence in a proceeding with respect to the Project or the Services to which MACTEC is not a party, CLIENT shall compensate MACTEC for its preparations, document retrieval and reproduction, and testimony at 2.0 times the rates shown on its then current Fee Schedule. CLIENT also agrees to reimburse MACTEC for reasonable travel, lodging and meal expenses that are incurred in conjunction with providing the above testimony and other related services. 15. EXCUSABLE DELAY. MACTEC shall not be in breach of this Agreement nor liable for damages due to delay or failure to perform any obligation under this Agreement if such delay or failure results from circumstances beyond the control of MACTEC. In the event of such delay, the time for MACTEC's performance shall be extended for the duration of the delay. 16. INTELLECTUAL PROPERTY. Unless expressly stated otherwise, MACTEC's proposal or opinion of costs does not include the costs associated with a search for the existence and procurement of any patent, copyright, service mark or trademark licenses, rights or other entitlements which are applicable to the Services, if any. CLIENT hereby releases Indemnitees from, and shall defend, indemnify and hold Indemnitees harmless against, all Claims and Liabilities caused by, resulting from, arising out of or occurring due to the infringement of patents, copyrights, service marks or trademarks by MACTEC, except to the extent such Claims and Liabilities are determined to have been caused solely by the negligence of MACTEC. 17. ADVERTISING. CLIENT agrees that MACTEC in any manner may advertise and publish the fact that MACTEC has contracted to furnish CLIENT with Services, as well as use any trademark, service mark and trade names of CLIENT in MACTEC's advertising and promotional materials, web sites, client lists, etc. MACTEC agrees not to publish any confidential information provided by CLIENT. 18. PAYMENT TERMS. CLIENT agrees to pay each and everyone of MACTEC's invoices upon receipt, time being of the essence. If payment is not received by MACTEC within 30 days from the date of MACTEC's invoice, CLIENT agrees to pay the lesser of 1% per month or the maximum legal rate on the past due amount until the amount is paid in full, plus the hourly rate for the time of MACTEC's employees, reasonable attorneys' fees and all other costs incurred by MACTEC in collecting the amounts due MACTEC under this Agreement. If CLIENT reasonably objects to all or any portion of an invoice, CLIENT shall notify MACTEC in writing within 10 days from the date of receipt of MACTEC's invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. Failure of CLIENT to provide such written notice within the allowed 10 day period shall be deemed to be a waiver of all objections to that invoice. MACTEC may suspend any and all of the Services if payment of any invoiced amount not reasonably in dispute is not received by MACTEC within 60 days from the date of MACTEC' s invoice. 19. INSURANCE. MACTEC maintains the following insurance coverages: a. Workers' Compensation Insurance - statutory amount. b. Commercial General Liability Insurance - $1,000,000 per occurrence/$2,000,000 aggregate. c. Automobile Liability Insurance- $1,000,000 combined single limit. d. Professional Errors & Omissions - $1,000,000 per claiml$l ,000,000 aggregate. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Georgia. Each of the parties acknowledges that it has had an opportunity to review and negotiate this Agreement, and this Agreement shall not be construed more strictly against one party as drafter. 21. OPINIONS OF COST. If included in the Services, MACTEC will provide opinions of cost for installation of materials, remediation or construction based upon MACTEC's experience on similar projects. However, such opinions are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in advance by MACTEC in writing. CLIENT understands the actual cost of work depends on many factors beyond MACTEC's control and may vary significantly from MACTEC's opinion. 22. TERMINATION. Either party may terminate this Agreement without cause upon 14 days' prior written notice. In such event, CLIENT shall take possession of the Site and the materials and equipment paid for and belonging to CLIENT, and MACTEC shall be paid for all Services performed to the date of termination. In the event CLIENT requests termination without cause, MACTEC shall also be paid all reasonable expenses and costs incurred in Project close out. This Agreement will terminate automatically and without notice upon the insolvency of, or upon the filing of a bankruptcy petition by or against, CLIENT. 3of4 f . '. . , . . . . Proposal No. Prop05Kenn246. 23. SURVIVAL. All of CLIENT's obligations and liabilities, including, but not limited to, its indemnification obligations and limitations, and MACTEC's rights and remedies with respect thereto, shall survive completion of the Services and the expiration or termination of this Agreement. 24. SEVERABILITY. In the event any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be interpreted and enforced as closely as possible to the intent of the parties. 25. ASSIGNMENT. This Agreement may not be assigned by either party without the prior written permission of the other. CLIENT acknowledges that MACTEC may subcontract portions of the Services to its affiliated companies and/or utilize employees of its affiliated companies in performing the Services, without the approval of CLIENT. 26. INTEGRATION. This Agreement, its attachments and all Orders, if any, constitute the entire Agreement between the parties and supersede any previous written or oral contracts or negotiations. This Agreement can be changed only by a written instrument signed by both parties. 27. ATTORNEY AUTHORITY. If MACTEC is being retained by CLIENT's counsel, such counsel represents that he or she has reviewed this Agreement with CLIENT, has provided CLIENT with a copy hereof, and by its signature hereto has the authority to bind, and hereby expressly binds, CLIENT to the terms and conditions of this Agreement. 28. CONSIDERATION. Each grant of indemnity hereunder is intended to be to the maximum extent permitted by law and for additional consideration of $10.00 from MACTEC. The parties agree that the charges for the Services are sufficiently adjusted to include any specific consideration recited herein as being payable to CLIENT, the receipt and sufficiency of which are hereby acknowledged by CLIENT. SCOPE OF AUTHORIZED WORK P:~~::~:~.:;:~;;:;::;~"i:: i. .4W..~.J ~ ~~;~:t.~~ ~ ~ c.. ~p ;: 6-(-f... ..t.. .,..( ku.. to ....... J.. ~... eU ('to' ....t.J. 1-1."-"<0'" .. ~ (< t" 'eKe" · A-ll c( ""'.... sat:. prd- <$ I o..J.. 0 f(..... jWl.~f'i ,'.. t'-"- ~ J., 'OK 1"", t-w.""" ~ ~'1.'" t' {la.wl.. , , 'L (l ./1 ( I \ +0 fl. a o.(e~~e",,+ W tfu [q(~ ttte(e D 1"" ~~"ee.. o.d'S,ct'l~ D"'-" et <!>V' \(!" A..'t"I~ t ~tct.. ~ ~ ~;.. ~ /'ItAe7~ hr A ~l~~l VJ~ J..u.c'J..t!J. l~ ~ S<<fe(lt>>' ~C)., cJ[ s:J.s io 'f4 ~~ku..-e crf v2/~dWJ. -e."~t"",f&\t~_t&.l~ a4te<t.c+\~T :ftecl.,,'c lS I~ Cctn~~""t- tke. J~Gt~ ,'" ~ ~l \ G A \. ~~O\fw~',~1 dvl~ ~Lt~1 t Ct -A-. ~ oU ~ ~<.v, D V' C..ch....V\ f) ""' r " A''''~.''''s~;' /1.- '" ~ Aq ---- {f day of MM61f 200~ VI- day of ~ 2002- Augu,~ ~~. JoAt'T'( cJ 'A.. op Cel V"\ "" t i'r( ON {.e:t:WARP t.cP7?677t:Z I ~/~ {/.Y-;;: Print Name and Title " CLCAk THIS SECTION FOR MACTEC'S INTERNAL USE ONLY IF PREPARED AS A WORK ACCEPTANCE SHEET Signature of Preparer Signature of Reviewer Print Name and Title Print Name and Title 4of4 ~ ~J"', \.<"jJ}H z.x.~'\4lr IT ' Augusta Canal Neighborhood Revitalization Plan Approach and Work Program Identified below is a general scope of work that will represent Phase I of the Augusta Canal Neighborhood Revitalization Plan, planning and design services. The project area will focus on the neighborhood that runs from ih Street to 12th Street and is centered around the third level of the Augusta Canal. It is intended that the majority of the work will be accomplished during an on-site, five-day planning workshop that will begin at lunch on day one and ending at lunch on day five. A detailed outline of the sequence of events including a three day interactive "planning charette" is included. Dav One: Data Collection Augusta will be asked to assist MACTEC staff in assembling base maps for use by the planning team. Augusta will also be asked to assist the MACTEC team in gathering relevant data that should be considered during development of the neighborhood plan. Examples of the data that may be useful during the planning workshop are as follows: Population Employment Existing Land Use and Zoning Infrastructure, including sidewalks and utilities Planned Developments Traffic features and patterns (public parking included) Parks, Open Space and recreation features Housing Features Aesthetic and environmental features Planned City Improvements Signage Pedestrian Circulation Area Businesses by type Area Businesses by tenure Academic Facilties Special Events Historic Resources Approach: City staff will be asked to present data and existing conditions to the MACTEC team at a working session on the afternoon of the first day of the workshop. The data and existing conditions will be used as a baseline for the development of the plan and the final document. Products: The MACTEC team will include a summary of existing conditions in the final document, which will be based upon the data collection and the following charette process. PROP05KENN246 Dav Two - Dav Four: PlanninJ! Charette To assist the city in establishing a vision for the neighborhood, The MACTEC team will conduct a three day planning charette. The charette will be used to establish a vision for the future of the neighborhood, prioritize issues, develop preferences for specific urban design elements (streetscape, architectural styles, housing styles), recommendations and an action strategy. The city of Augusta will assist with public announcements made through the media including newspaper, radio and television. The city of Augusta will also be invited to dedicate at least one staff member to assist the MACTEC team during the charette process. Approach: Our approach to the study area Planning Charette is as follows: Day Two - Inventory Day Two - Morning . Organize and review data from Task One. . Tour the Neighborhood. Day Two Lunch: Working session with city staff: The MACTEC team will meet with city staff to prepare for the charette and to review base maps and data. This session will be used to affirm the charette schedule and agenda and to set-up for the stakeholder (Task Force) workshop. Day Two Afternoon: Stakeholder (Task Force) Workshop: The MACTEC Team will conduct a workshop with key stakeholders including representatives from the city of Augusta, The Augusta Canal Authority, Augusta Tomorrow, Historic Augusta, the Laney-Walker Neighborhood Association, the Augusta Neighborhood Improvement Association, the Planning Commission and Private Developers. The workshop will highlight key issues and opportunities on flip charts. Community Workshop Preparation: The MACTEC team will synthesize information gathered from city staff and other stakeholders in preparation for the evening's community workshop. Day Two Evening: Community Vision Workshop: Participants will be asked to answer the following questions: . What are the things you like most about the neighborhood? . What things would you change about the neighborhood? . What would you like the neighborhood to be like in 10 years? A team facilitator will be present to manage the input received during the workshop and to record the results. The MACTEC team will present an abbreviated community preference survey. The team will make notes on flip charts so everyone can see and PROP05KENN246 document what is being discussed. The MACTEC team will ask specific questions to clarify points the public is making. Near the end of the survey, the team will summarize the major issues that need to be addressed and have participants prioritize issues. Day Three Analysis Day Three - Morning The MACTEC team will review the results of the Stakeholder (Task Force) Workshop and the Community Visioning and prepare a program of issues that the plan will address. The MACTEC team will prepare an opportunities and constraints map as well as some alternative conceptual sketches demonstrating design alternatives for the neighborhood. Alternative designs for the project area will include public spaces, streetscape, land use and activity areas. Day Three - Afternoon Stakeholder (Task Force) Workshop Continued: The MACTEC team will affirm the draft prioritized issues list and the opportunities and constraints map with the stakeholder group. The remainder of the stakeholder workshop will be used to discuss alternatives for the neighborhood with the stakeholder group. The outcome of the stakeholder workshop will be a draft design vision for the neighborhood. Input and discussion will result in a consensus for a vision that the team will further refine. Day Three - Evening (Optional): Public Open House: The public will be invited to review and comment on the draft vision statement, prioritized issues list, opportunities and constraints map, and conceptual design for the neighborhood. Day Four: Recommendations Day Four - Morning: Finalize vision statement, prioritized issues list, opportunities and constraints map, and conceptual design for the neighborhood. Write draft recommendations and action strategy. Day Four - Lunch: Wrap-up Session with City Staff and officials. City staff and officials will be asked to provide input on the draft recommendations and action strategy. Dav Four - Dav Five: Develop the Vision Plan Day Four - Afternoon through to Day Five- Lunch The results of the planning charette will be used to prepare a plan for the study area, which will be presented in a pre- final document to city staff. Mayor and Council for review and adoption. Maps, diagrams, and sketches will be used to communicate and PROP05KENN246 illustrate the vision for the study area. The final document will be a vision plan that includes the following: . Issues facing the study area, including residents perceptions of the area and how the area presently serves the community; . How the study area could better serve the community; . Desired improvements to the study area and how these improvements would serve the community, including conceptual renderings; and . Project prioritization into an action strategy for implementation. Product: Pre-final draft of the plan book Day Five - Afternoon Team Travel Final Deliverables: Fifteen (15) printed plan books and one (1) CD-ROM with plan and maps, and one rendered large print of the final plan map that is mounted for display purposes. Fee Proposal: MACTEC's fee for the above services will be '! not tQexceed lump sum '~e of $19.750 (nineteen thousand seven hundred fifteen dollars) for the neighborhood ' revitalization plan and planning workshop. The above fee includes labor, profit and expenses No services will be provided until a notice to proceed is received from the City 'Of Augusta or its designated representative. ~ PROP05KENN246