Terms and Conditions

Terms of Use

Please read these terms of use carefully before using this website.

W&A Engineering provides certain information to you via this website. Your use of the website is subject to the following Terms and Conditions of Use. This web page details the terms of a legal agreement (the “Terms of Use”) between you and W&A Engineering . By accessing the website, you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by these Terms of Use. W&A Engineering encourages all visitors to this website to seek the counsel of an attorney if you do not understand your rights and responsibilities with respect to any of the following Terms of Use.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, incorporated herein by reference, govern W&A Engineering’s relationship with you in relation to this website.

Hereinafter, the term ‘W&A Engineering’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 2470 Daniells Bridge Rd, Suite 161, Athens, GA 30606. The term ‘you’ or ‘your’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

Website Content

The content of the pages of this website is for your general information and use only. These Terms of Use may be amended by W&A Engineering at any time, and without notice to you. Your continued use of this website after the Terms of Use are changed indicates your acceptance of any new Terms of Use. Additionally, W&A Engineering may change any information on or feature of the website at any time. Any change to the website made by W&A Engineering shall not alter your consent to the application of these Terms of Use. Please review these Terms of Use from time to time so that you will be apprised of any changes. Continued use of the website by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we hereby disclaim liability for any such purported inaccuracies or errors to the fullest extent permitted by law.

W&A Engineering has made the information on this website available for educational and informational purposes only. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information accessed through this website meet your specific requirements, and W&A Engineering makes no guarantee as to the information’s usefulness or applicability to your particular circumstances.

Rules and Guidelines

(a) Rules for Use of the Website

(1) Conduct Required for Use of the Website.

It is a condition of your use of the Service that you do not: (i) restrict or inhibit any other user from using and enjoying the Service; (ii) transmit any information, software or other material that is fraudulent or tortious or that violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights; (iii) transmit any information, software or other material that contains a virus or other harmful component; (iv) transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunities or any other forms of solicitations; (v) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (vi) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (vii) resell, redistribute, broadcast or transfer the information or use the information derived from the website in a searchable, machine-readable database; (viii) use the website to collect personally identifying information about users of the website in violation of our Privacy Policy; (ix) disguise a file type to thwart W&A Engineering’s detection processes; (x) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xi) attempt to gain unauthorized access to other computer systems or networks connected to the website, (xii) remove any copyright, trademark or other proprietary rights notice from the website or materials originating from the Website; or (xiii) frame or mirror any part of the website without W&A Engineering’s express prior written consent. You agree that you will not use the web site, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose.

(2) Monitoring

W&A Engineering has no obligation to monitor the use of the website by visitors or members. You acknowledge and agree that W&A Engineering reserves the right to, and may from time to time, monitor any and all information uploaded to the website for operational or other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy and applicable privacy laws and regulations.

You hereby agree that W&A Engineering may prohibit your access to this website for any conduct that it deems to be inappropriate or harmful to the website, and such determination shall be in W&A Engineering’s sole discretion.

Third Party Websites

This website contains links to third party websites not under the control of W&A Engineering. You agree that W&A Engineering is not responsible for nor will be held liable for the contents of any linked website. A link from this website does not indicate an endorsement by W&A Engineering of the linked website or that website’s sponsoring company or product. A link on this website does not imply that W&A Engineering has performed any due diligence regarding the content on any such linked website.

Licensing and Copyright

This website contains material which is owned by or licensed to W&A Engineering. This material includes, but is not limited to, the website’s design, layout, look, appearance and graphics. By accessing this website and by agreeing to these Terms of Use, you will not gain any ownership or other right, title or interest in any copyrighted or trademarked material. Reproduction is prohibited other than with the written consent of W&A Engineering .

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Website Access; Identity Protection

In order to provide you with ease of access to the website, W&A Engineering will place a cookie (a small text file) on any computer from which you access the Service. Please see our Privacy Policy for information about cookies.

Venue & Jurisdiction

Claims relating to this website, or to its use are governed by the laws of the state of Georgia. By viewing this website, you hereby consent to submit to the exclusive jurisdiction of Georgia for any litigation concerning this website. You hereby agree that any disputes arising under or in connection with this Agreement and/or the Service shall be submitted for resolution to federal and state courts in Athens-Clarke County in the state of Georgia, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Limitation of Liability

In no event will W&A Engineering be liable to any party for any direct, indirect, special, punitive, incidental or consequential damages, including, without limitation, any lost profits, business interruptions, loss of programs or data on your equipment, or otherwise, even if we or any of our representatives are expressly advised of the possibility or likelihood of such damages, arising out of or related to any use of or inability to use this site, or any other linked site, including, without limitation, use of or reliance on information, interruptions, errors, defects, mistakes, omissions, deletion of files, disabling devices, delays in operation or transmission, nondelivery of information, theft, unauthorized access, disclosures of communications, or any failure of performance. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using this site. In no event shall W&A Engineering’s total liability to you for damages, losses and causes of action of any kind – whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise – exceed the amount paid by you, if any, for accessing this site.

Indemnification

You agree to defend, indemnify and hold harmless W&A Engineering its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the website; (c) any non-compliance by you with the terms and conditions of these Terms of Use; and (d) claims brought by persons or entities other than the parties to these Terms of Use arising from or related to your access and use of the website, including the information obtained through the website.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part, that provision shall be ineffective without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Binding Effect

This agreement is binding upon you, W&A Engineering, and all respective heirs and assigns.

Billing Policy and General Terms & Conditions

Because W&A Engineering is a full-service company dedicated to providing the best possible service to our clients, we have two methods of billing. It will be up to W&A Engineering and the client to determine the billing method that best fits the individual project. What follows is a brief explanation of both the quoted fee contract and the hourly billing method, as well as an outline of our overall billing and contract polices.

Quoted Fee Contract
When the scope of work is well defined, W&A Engineering will provide the client with a contract and a definite price for the overall project. The contract will include a description of each facet of the project and the services W&A Engineering will provide. Any services that W&A Engineering provides that are not specifically defined within the contract will be billed at the current hourly rates.

Hourly Billing
Hourly billing rates will be utilized by W&A Engineering in all cases where the scope of services for a project is not well defined. Typical hourly rates will be used during the data collection and conceptual phase of the project. W&A Engineering tracks time spent by project and specific task in fifteen minute intervals. The following is a summary of the current billing rates by employee classification beginning June 1, 2015.

Hourly Rates – thru June 30, 2018

Principal $215.00
Partner $160.00
Director $150.00
Director – Surveying $120.00
Survey (Robot) $130.00
Survey (2-man crew) $150.00
Survey (3-man crew) $160.00
Survey – Plus $200.00
Project Manager (3) $150.00
Project Manager (2) $135.00
Project Manager (1) $120.00
Civil Engineer (4) $145.00
Civil Engineer (3) $135.00
Civil Engineer (2) $125.00
Civil Engineer (1) $115.00
Engineer In Training (5) $120.00
Engineer In Training (4) $110.00
Engineer In Training (3) $100.00
Engineer In Training (2) $90.00
Engineer In Training (1) $80.00
Certified Planner $100.00
Senior Planner $100.00
Planner $90.00
Landscape Architect (3) $120.00
Landscape Architect (2) $100.00
Landscape Architect (1) $90.00
Design Associate (5) $120.00
Design Associate (4) $100.00
Design Associate (3) $90.00
Design Associate (2) $80.00
Design Associate (1) $70.00
Technician (3) $80.00
Technician (2) $70.00
Technician (1) $60.00
Admin $60.00
Expert Witness Testimony $250.00
Environmental/ Soil Specialist $85.00
Certified Economic Developer $100.00

 

W&A Engineering reserves the right to adjust the hourly billing rates on a yearly basis. Rates will be reviewed in May of each year and new rates will be applied beginning on June 1st, changes will be reflected on the June bills for each project. Changes will also be posted on the website June 1st of each year. Should new employee classifications be added throughout the year the changes will be reflected on this website as soon as possible.

General Terms and Conditions

Between Client and W&A Engineering, P.C.

GENERAL

  1. Cooperation and client’s obligations. Client agrees to cooperate and to give all reasonable assistance to W&A Engineering, P.C. in providing information and access to resources for expediting services to be performed on this project. Client shall provide W&A Engineering, P.C. with a program that sets forth Client’s objectives, schedule, a project budget, and other criteria necessary for W&A Engineering, P.C. to perform the professional services. Client shall designate a representative to act on behalf of Client. Client shall engage the services of all specialty consultants and engineers deemed necessary by W&A Engineering, P.C. to complete the professional services. Client shall provide for testing or provide existing evidence that the site if clear of hazardous materials.
  2. Ownership of documents. All sketches, drawings, tracings, computations, notes, reports, plans, and other original documents are instruments of service and shall remain the property of W&A Engineering, P.C. subject to requirements of public agencies. These instruments of service are to be used solely for this specific project. W&A Engineering, P.C. shall retain all legal rights and use of the instruments of service and shall retain full protection under U.S. copyright law. The Client, at their option and expense may obtain reproducible copies of all plans for their file, provided all fees associated with the requested material have been paid and all bills are current.
  3. Timeliness. All terms of the letter agreement and this addendum shall be performed in a timely manner. W&A Engineering, P.C. shall not be responsible, however, for delays in performance caused by Client, or any of Client’s agent or employees or any other avoidable delays or causes beyond the reasonable control of W&A Engineering, P.C. If W&A Engineering, P.C. is delayed at any time by any of the foregoing events, then the time of completion shall be extended for period equal to the number of days the work has been prevented, interrupted, or delayed. If the interruption is in excess of ninety (90) days, W&A Engineering, P.C will charge an additional fee of 30 percent of the total fee for the restart-up of the project.
  4. Professional services liability. W&A Engineering’s responsibilities in performing services hereunder shall be limited to the scope of services to be performed as set forth in the agreement, and W&A Engineering, P.C. its agents, and/or employees, shall have no liability of any kind to Client, its agent or any persons having contractual relationships with Client for any acts, errors, and omissions of W&A Engineering, P.C., its agents, and employees, which does not fall within the scope of work and scope of services to be performed. Client further agrees to limit W&A Engineering, P.C. liability to Client due to W&A Engineering, P.C. negligent acts, errors, or omissions, such that the total aggregate liability of W&A Engineering, shall not exceed the total costs of the aspects of project construction which are the direct responsibility of W&A Engineering, P.C. as are expressed, either written or implied in this contract. Any claims filed by Client against W&A Engineering, P.C. for acts, error and omissions arising out of or relating to this agreement, shall be filed within eleven months from the date services were last performed by W&A Engineering, P.C. for the Client under this agreement. Failure to comply with this limitation shall bar any right of action Client has against W&A Engineering, P.C.
  5. Cancellation. This agreement may be cancelled by W&A Engineering, P.C. if Client has become delinquent in the payment of amounts due W&A Engineering, P.C. hereunder over ninety (90) days. This agreement may also be cancelled by W&A Engineering, P.C. or Client, with or without cause. In either instance, the canceling party shall give seven (7) days written notice prior to termination and specify the date of termination. In the event of cancellation, W&A Engineering, P.C. shall be paid for services rendered and costs incurred hereunder through the date of cancellation including the costs of terminating the work.
  6. Warranties
    • W&A Engineering, P.C. makes no representations concerning soil conditions unless specifically included in this agreement and is not responsible for the accuracy nor any liability that may arise out of the use of information furnished by Client, its agents, or other persons with whom Client has contracted, including but not limited to plans, specifications, reports, or any other data.
    • W&A Engineering, P.C. warrants that its services will be performed with the usual standard of care practiced by landscape architects.
    • No other warranty or representation, either expressed or implied, is included or intended in W&A Engineering’s, P.C. proposals, contracts, plans, surveys, or reports, either written or oral.
  7. Additional or extended services. Other services available from W&A Engineering, P.C. and applicable to the project have been discussed with Client. Where W&A Engineering, P.C. has deemed a service to be needed or advisable, W&A Engineering, P.C. has made its opinion known to Client, and Client has confirmed his opinion that the services are not requested of W&A Engineering, P.C. or Client has made arrangements to obtain those services from a source other than W&A Engineering, P.C. The additional or excluded services are itemized in the agreement.
  8. Invalid provisions. Any provision that shall prove to be invalid, void, or illegal shall in no way effect, impair, or invalidate any other provision of this agreement, and such other provisions shall remain in full force and effect. In the event of any dispute, venue shall be the Superior Court in and for Oconee County, Georgia, United States of America, and services of process of a legal document against Client shall be effective seventy-two (72) hours after depositing in the United States of America Certified Mail, return receipt requested, postage prepaid.
  9. The laws of the State of Georgia shall govern the validity, performance, and enforcement of this agreement.
  10. Dispute resolution. In the event of a dispute arising out of the terms hereunder, the dispute shall be resolved through formal mediation.
  11. Assignment. This agreement shall not be assigned by either party without prior written consent of the non-assigning party.
  12. Agreement. This agreement represents the entire and integrated agreement between the parties and supersedes all prior negations, representations, or agreements, either written or oral.
  13. Authority to enter into agreement. Each party represents by signing this agreement that they have the authority to enter into the same and bind each and every party, their heirs, successors, assigns, fellow beneficiaries in trust, and/or partners, to the terms and conditions as herein set forth.
  14. Opinion of probable construction costs. In providing an opinion of the probable construction cost, Client understands that W&A Engineering, P.C. has no control over the contractor’s method of pricing nor the cost of labor, equipment, or materials. The opinion of probable construction costs provided by W&A Engineering, P.C. under the terms of this contract is made on the basis of W&A Engineering, P.C. professional qualifications and experience. W&A Engineering, P.C. makes no warranty, expressed or implied, as to the accuracy of its opinion of probable construction costs as compared to bids or actual costs.
  15. Publicity. Client agrees to include W&A Engineering, P.C. name on the job sign at the construction site and in any publication or press coverage relating to W&A Engineering, P.C. work.

Payment

  1. Statements will be issued every four (4) weeks, are due and payable upon receipt and shall be deemed delinquent after thirty (30) days from the date of the initial statement. If statements are not paid in full prior to delinquency, Client agrees to pay interest on the unpaid amount at the rate of 1.5 percent per month (annual percentage rate of 18 percent) from the delinquency date until paid in full. All payments received shall first be credited to the payment of delinquent interest and then to the principal balance due.
  2. Reimbursable expenses. Client shall pay the cost of all reimbursable items such as charges, fees, permits, bond premiums, delivery charges, postage, fax transmissions, long-distance telephone calls, reproductions and copies, photographic enlargements and reductions, film processing and supplies, mileage, and any other charges and expenses not specifically covered by the foregoing. In the event that such reimbursable items are paid directly by W&A Engineering, P.C., then the charges and expenses shall be invoiced at the direct cost plus 10 percent for handling. Subconsultant and testing services arranged for, managed by, and paid by W&A Engineering, P.C. will also be invoiced at the direct cost plus 10 percent.
    Client shall pay the cost of all expenses incurred for in-town and out-of–town travel required to perform the services in this agreement. Expenses shall be invoiced at their direct cost to W&A Engineering, P.C. Automobile mileage shall be invoiced at fifty-six cents ($.56) per mile. Out-of-town travel shall be made at the request or concurrence of Client. Mileage expenses will be reviewed and adjusted as necessary on a yearly basis.
  3. Prompt payment. Client shall promptly review invoices and notify W&A Engineering, P.C. of any objection thereto. In the event Client fails to notify W&A Engineering P.C. of any objection, in writing, within ten (10) days of receipt of invoice, the invoice shall be deemed accepted by Client.
  4. Cost of living adjustment. In the event the services hereunder are not completed within six (6) months from the date of this agreement, W&A Engineering, P.C. reserves the right to adjust it fee for the uncompleted portion of services to reflect any cost-of-living increases of wages or salaries to be paid by W&A Engineering, P.C. to its employees in the performance of this agreement.
  5. Collections. If the services of an attorney at law are used to collect past due amounts, Client shall bear all costs of collection, including, but not limited to attorney’s fees incurred or a fee of 15 percent of the outstanding balance, whichever is greater.
  6. Government changes. In the event the City and/or Governmental requirements are amended or changed in any way after services have begun, the compensation quoted in the agreement will be subject to renegotiations.