HomeMy WebLinkAboutButler Creek Collector
Augusta Richmond GA
DOCUMENT NAME: 'B}k( CfeLK ta\ \l-C.}oy
DOCUMENT TYPE: 0l) 1 ~ ~{"
YEAR:
JOO\
BOX NUMBER: ()
FILE NUMBER:
1 5 Lf S~
d-~
NUMBER OF PAGES:
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ST A TE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANTSER~CESAGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT: W. R. TOOLE ENGINEERS, INC.
PROJECT: No.: 50130 - Butler Creek Collector
DATE EXCECUTED:
DA TE COMPLETED:
1 OF 23 REVISION DATE: FEBRUARY 5. 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this 9.J. day of;J1~ ' 2001 by and
between AUGUSTA, Georgia, a political subdivision of the State of Georgia, ereinafter called the "CITY"
and W. R. Toole Engineers, Inc. a Corporation authorized to do business in Georgia,
hereinafter called the "CONSULTANT,"
WHEREAS, the CITY desires to engage a qualified and experience consulting firm to furnish professional
services for:
No. 50130 - Butler Creek Collector
project description); and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide
the services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed
by and between the CITY and the CONSULTANT that:
2 OF 23
REVISION DATE: FEBRUARY 5. 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
.
GENERAL PROVISIONS
CONSULT ANT has agreed in its Agreement with CITY to procure the services of licensed design
professionals to provide the engineering services required to provide professional engineering and design
services for the Project in accordance with the requirements as outlined in and attached as Attachment A -
Responsibilities of the Design Engineer on Utilities Projects and other relevant data defining the Project.
CONSULTANT COORDINATION
The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility
companies, and other consultants as directed by the CITY. CITY, CONSULTANT and all relevant parties
agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably
necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All
parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of
skill and diligence normally employed by professional engineers or consultants practicing under similar
conditions. CONSULT ANT will re-perform any services not meeting this standard without additional
compensation.
AMENDMENTS TO AGREEMENT
Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement.
Amendments must be fully executed by both the CONSULT ANT and CITY to be valid.
REDUCTION IN REQUIRED SERVICES
If reductions in the required services are ordered by CITY, the credits shall be the amo1p1ts for such
services as described in subsequently executed Amendments to this Agreement, and no' claim for damages
for anticipated profits shall accrue to the CONSULTANT.
DATE CHANGES
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 CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable
adjustment.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the
hands and seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule.
3 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise
obligated funds are no longer available to satisfy the obligations of the CONSULT ANT on behalf of the
CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to
termination of contract even if the CITY has obligated the funds to other projects,
PROJECT PROGRESS
CONSULT ANT'S services and compensation under this Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion.
LITIGATION
Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support,
prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY
except in consideration of compensation. All such services required or requested of CONSULTANT by the
CITY except suits or claims between the parties to this Agreement will be reimbursed as additional
servIces.
BINDINGS
It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its or their
successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither
CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without
prior written consent of the other party hereto.
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between CITY and CONSULT ANT and supersedes all
prior negotiations, representations and agreements, either written or oral.
4 OF 23
REVISION DATE: FEBRUARY 5. 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DEFINITIONS
Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have
the following meanings:
Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement
with CITY to perform the Work.
Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to
the CONSULTANT under this Agreement.
CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia.
CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant
to this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by reference.
Contract Time - means the period of time stated in this Agreement for the completion of the Work.
Prog-ram Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison
between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review
of CONSULTANT's plans and work.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having
a contractual agreement with CONSULTANT or with any of its subcontractors at any q~r to provide a part
of the Work called for by this Agreement.
Supplemental Ag-reement - means a written order to CONSULTANT signed by CITY and accepted by
CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement
Price or the Contract Time, issued after execution of this Agreement.
Task Order - means a written order specifying a Scope of Services, time of completion and compensation
limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as
part of the Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the successful
completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement.
5 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including
Task Orders shall constitute the Agreement Documents.
Conflict and Precedence
The Agreement Documents are complementary, and what is called for by one is as binding as if called for
by all. In the event there are any conflicting provisions or requirements in the component parts of this
Agreement, the several Agreement Documents shall take precedence in the following order:
1. Agreement - Including Attachments
2, General Conditions
3. Supplemental Conditions - Including Task Orders
6 OF 23
REVISION DATE: FEBRUARY 5. 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
.
~
GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULT ANT and the CITY,
and herein described in this Agreement as Attachment A shall be commenced upon receipt by the
CONSULTANT of a written Task Order authorization. The effective date of services shall be defined in
each Task Order authorization.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULT ANT under this Agreement will
be the level of care and that is ordinarily used by members of CONSULT ANT'S profession practicing
under similar conditions.
3. CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performed hereunder. All such changes,
including any increase or decrease in the amount of the CONSULT ANT's compensation, which are
mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written
Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require the approval
of the CITY. The Program Manager may approve minor changes to the scope of services that do not
involve an increase compensation schedule.
4. PERSONNEL
The CONSULT ANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any contractual
relationship with, the CITY. All of the services required hereunder will be performed by the
CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall
be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C
- Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be
permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his
designee.
The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible
charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract
plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate
category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being
in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement.
7 OF 23
REVISION DATE: FEBRUARY 5. 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
5, ACCURACY OF WORK
The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and
omissions in its plans and specifications without additional compensation. The CONSULTANT shall give
immediate attention to these changes so there will be a minimum of delay to others.
Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
6, CONFIDENTIALITY
The CONSULT ANT agrees that its conclusions and any reports are for the confidential use and
information of the CITY and that it will not disclose its conclusions in whole or in part to any persons
whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same
with it or its authorized representatives. Upon completion of this Agreement term, all documents,
drawings, reports, maps, data and studies prepared by the CONSULT ANT pursuant thereto shall become
the property of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and
findings of the work conducted under this Agreement shall not be presented publicly or published without
prior approval in writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the
CONSULT ANT without prior approval from the CITY, the release of same shall constitute grounds for
termination of this Agreement without indemnity to the CONSULTANT, but should any such information
be released by the CITY or by the CONSULT ANT with such prior approval, the same shall be regarded as
public information and no longer subject to the restrictions of this Agreement. ..
7. OPEN RECORDS
CONSULT ANT acknowledge that all records relating to this Agreement and the services to be provided
under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. S 50-18-70, et
seq.), CONSULTANT shall coorporate fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law.
8. JURISDICTION
The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with
regard to its interpretation and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction
and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
8 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONSULT ANT shall fail to fulfill in a timely and proper manner its obligations
under this Agreement, or if the CONSULT ANT shall violate any of the covenants, agreements or
stipulations of this Agreement, CONSULT ANT will be given the opportunity to commence correction of
obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to
maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule
without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have
the right to terminate this Agreement by giving written notice to the CONSULT ANT of such termination,
and specifying the effective date thereof, at least five (5) days before the effective date of such termination.
In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared
by the CONSULTANT under this Agreement shall become the property of the CITY, and the
CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents, as mutually agreed by the CITY and CONSULTANT.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated services under this Contract up to the time of termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULT ANT shall thorougWy research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall
fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and
carefully fit its own work to such additional work as may be directed by the CITY. The'CONSULTANT
shall not commit or permit any act which will interfere with the performance of work by any other
CONSULT ANT or by CITY employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not
received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For
breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability
or at its discretion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees
from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from
the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work
9 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance
coverage.
14. INSURANCE
The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program Manager against
liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of
any negligent error, act, or omission of the CONSULT ANT during the term of this Agreement.
The CONSULT ANT shall provide, at all times that this agreement is in effect, W orker's Compensation
insurance in accordance with the laws of the State of Georgia.
The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not
less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries,
including those resulting in death to anyone person, and in an amount of not less than One Million
($1,000,000) Dollars on account of anyone occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from
damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings,
field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance - in an of not less than One Million ($1,000,000) Dollars or an amount
that correlates to the aggregate fee on the project should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in
insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty-(30) days I written notice to the CITY. Such policies shall name the CITY as
co-insured, except for worker's compensation and professional liability policies, and a copy of such policy
or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.
15. PROHIBITED INTERESTS
15.1 Conflict of Interest: The CONSULT ANT agrees that it presently has no interest and shall acquire no
interest, direct or indirect, that would conflict in any manner or degree with the performance of its
services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement,
no person having such interest shall be employed.
15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof.
10 OF 23 REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-
.
15.3 Employment of CITY's Personnel: The CONSULT ANT shall not employ any person or persons in
the employ of the CITY for any work required by the terms of the Agreement, without the written
permission of the CITY except as may otherwise be provided for herein.
16. SUBCONTRACTING
The CONSULT ANT shall not subcontract any part of the work covered by this Agreement or permit
subcontracted work to be further subcontracted without the CITY's prior written approval of the
subcontractor. The CITY will not approve any subcontractor for work covered by this Agreement that has
not been recommended for approval by the Program Manager.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in
this Agreement.
17. ASSIGNABILITY
The CONSULT ANT shall not assign or transfer whether by an assignment or novation, any of its rights,
obligations, benefits, liabilities or other interest under this Agreement without the written consent of the
CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT
will not discriminate against any employee or applicant for employment because of race, creed, color, sex
or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed
by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or
national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserte'd in all subcontracts
for any work covered by the Agreement so that such provision will be binding upon each subcontractor,
provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial
supplies of raw materials.
19. DRUG FREE WORK PLACE
CONSULT ANT shall be responsible for insuring that its employees shall not be involved in any manner
with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance
in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property,
vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or
immediate discharge.
CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug
statute conviction for workplace violation.
CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated,
or when good business practices would dictate.
20. ANTI-KICKBACK CLAUSE
11 OF 23 REVISION DATE: FEBRUARY 5. 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall be
paid unconditionally and not less often than once a month without deduction or rebate on any account
except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to
comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts
covering work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the
CONSULTANT shall make available to the CITY and/ or audit representatives of the CITY for examination
all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY
and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
The CONSULT ANT shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs incurred on the Project and used in support of its proposal and shall make such material
available at all reasonable times during the period of the Agreement, and for three years from the date of
final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies
thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of
this Article shall be included in any Agreements it may make with any subcontractor, assignee, or
transferee.
22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE
All documents and materials prepared as an instrument of service pursuant to this Agreement are the
property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and
otherwise use, in whole or in part, any reports, data, maps, or other materials prepared"Under this
Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT
against all claims arising out of such use of documents and materials without the CONSULTANT's
knowledge and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before,
during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations
herein contained, nor shall such verbal agreement or conversation entitle the CONSULT ANT to any
additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall
be in writing and appended hereto as prescribed in Article 3 above.
24. INDEPENDENT CONTRACTOR
The CONSULT ANT shall perform the services under this Agreement as an independent contractor and
nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in
this Agreement shall be interpreted or construed to constitute the CONSULT ANT or any of its agents or
employees to be the agent, employee, or representative of the CITY.
12 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
.
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.
Notices shall be addressed as follows:
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30901
CONSULTANT:
PROTECT MANAGER
W. R. Toole Engineers, Inc.
349 Greene Street
Augusta, GA 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street
Augusta, GA 30901
13 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
~AUGU '
I Lf::INTEDNAME'_'Bo
TillE: MAYOR
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ArrEST CLERK:
DATE'~~
Copy To:
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
~
pl:T~02
BY: r2h1 <<
PRINTED NAME: William R. Toole, P.E.
TITLE:
President
14 OF 23
DATE:
5h~,
I /
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CONSULTANT'S RESPONSIBILITIES
CONSULT ANT , in order to determine the requirements of the Project, shall review the
information in Attachment A - Responsibilities of the Design Engineer on Utilities Projects.
CONSULTANT shall review its understanding of the Project requirements with Program
Manager and shall advise CITY of additional data or services which are not a part of
CONSULTANT's services, if any, necessary for design to begin.
PROJECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to
CITY's and CONSULTANT'S requirements for this part of the project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expendability, and any budgetary limitations. CONSULTANT may request from the CITY to
furnish data, reports, surveys, and other materials that may be relied upon in performing
CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the
project activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY
in association with this Agreement shall be subject to review.
The CITY may at any time request progress reports, prints or copies of any work performed
under this Agreement. Refusal by the CONSULTANT to submit progress reports and/ or plans
shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies
with the CITY's request in the regard.
The CITY's review recommendations shall be incorporated into the plans by the
CONSULTANT.
CONSULT ANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
15 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I,
I
I
I
I
I
I
I
I
I
I
I
I
I
CITY'S RESPONSIBILITES
CI1'Y-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULT ANT will reasonably rely upon the accuracy, timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONSULT ANT will notify all property owners or occupants of the intent to enter
properties for the purpose of accomplishing work in accordance with the practices of the CITY.
The CONSULT ANT shall discuss with and receive approval from the CITY prior to sending
notices of intent to enter private property. Upon request by the CONSULT ANT, the CITY will
provide the necessary documents identifying the CONSULTANT as being in the employ CITY
for the purpose described in the Agreement.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT
construction.
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONSULT ANT's Services, or of
any defect in the work of CONSULTANT or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities associated in any
way with the PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of CONSULT ANT for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by CITY. All such Services required or requested of CONSULTANT by CITY, except
for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional
serVices.
16 OF 23
REVISION DATE: FEBRUARY 5, 2001
I,
I
1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
.
-
~
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
DESIGN OBJECTIVES:
See Attached Proposal POO-151A dated March 1,2001
17 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-
-
~UCllS"
~
Crolll:".I>
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULT ANT for services, which have been authorized by the
CITY under the terms of this Agreement.
The CONSULT ANT may submit to the CITY a monthly invoice, in a form acceptable to the
CITY and accompanied by all support documentation requested by the CITY, for payment for
the services, which were completed during the billing period. The CITY shall review for
approval said invoices. The CITY shall have the right to reject payment of any invoice or part
thereof if not properly supported, or if the costs requested or a part thereof, as determined
solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase.
The CITY shall pay each such invoice or portion thereof as approved, provided that the
approval or payment of any such invoice shall not considered to be evidence of performance by
the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the
CITY of the service covered by such invoice. The CITY shall pay any undisputed items
contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may
inhibit execution of the work. The CONSULTANT shall also submit an accurate updated
schedule, and an itemized description of the percentage of total work completed for each phase
during the billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task
Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard
billing rates shown in Attachment B to the Contract of those principals and employees engaged
directly on the work.
Compensation for design services shall be invoices based on the sum of all actual costs incurred
in the performance of the work, including all direct, payroll, overall and profit cost in an
amount not-to-exceed the compensation set forth in any authorized Task Order. All invoices
submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and
costs by authorized Task.
Overtime may be performed at the discretion of the CONSULTANT, but the premium time
portion of the overtime will not be billed to the CITY unless the CONSULT ANT has requested
acceleration of the scheduled work in writing.
18 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULT ANT shall provide qualified personnel to perform its work. The list of key
personnel below, including a designated Program Manager will not change or be reassigned
without the written approval of the CITY. Those personnel committed for this work are as
follows:
Erik Hammarlund, P.E. Engineering Dept. Manager Program Manager
Robert Baisden, P.E. Project Engineer Lead Design Engineer
Tom Dunaway, EIT Staff Engineer Design Engineer
William R. Toole, P.E. President Quality Control
Barry A. Toole, L.S. Vice President Surveying Operations
Manager
"
19 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
See attached proposal POO-151A dated March 1,2001
20 OF 23
REVISION DATE: FEBRUARY 5. 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CONSULTANT SERVICES
As a part of this Agreement the CONSULT ANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
d Detailed Scope of Services based upon Schedule A of this Agreemenllo be submitted with
Cost Proposal clearly defining the CONSULT ANT'S understanding of the project limits,
/ design objectives and CONSULTANT'S services to be provided.
IJlI Cost Proposal that will include cost of surveying, design, preparation of construction plans
_ ;and specifications, and other services requested in the CITY's Request for Proposal.
CII Schedule for submittal of review documents at 30%,60%, and 90% completion; and final
documents.
Prior to submitting 30% review documents:
~ Locate all existing utilities using available information collected by the CONSULTANT. The
CITY will furnish available information on water and sewer locations however the
--1 CONSULT ANT must verify to CITY'S satisfaction.
GZI Provide CITY with information on the project site(s), including the following:
- Past and present use of the land (specifically identify any landfilling activities in the
area); identify any nearby designated wetlands
- Soil type(s)
- Boring results when required by CONSULTANT for new facilities or where depth of
line and existing site conditions warrant.
- Brief description of the area (e.g., residential, conunercial, industrial) including general
slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities.
Include number of properties affected and number of easements required with property
owners identified
1- Identification of potential problems in meeting design objectives.
I:ia Site Plan (If Required)
Throughout project:
r:i Prepare printed responses to conunents received from the CITY following reviews.
~Provide the necessary plats for easement acquisition and DOT/other permit application.
Gi Prepare Public Works/DOT/Other permit applications for signature by the CITY.
Gi Prepare and submit plans to EPD for review and approval when required.
ui Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications
(latest version). Specifications must mirror that provided by the CITY.
~ Prepare construction cost estimates at each review stage, 30%,60%,90%, and with the
submittal of Final documents. Provide cost breakdown for any items to be lump sum in the
construction contract.
21 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
n completion of design:
Coordinate with the City Purchasing Department to advertise the project.
Fax bid information to CITY.
Attend bid opening.
Prepare letter of reconunendation for award of the contract.
Attain contractor's/other signatures on the contract documents and forward to the CITY.
Invite attendees to, and conduct, the pre-construction meeting.
Provide clarification related to the plansl specifications throughout design and construction.
Provide record drawings at completion of the project electronically, per the Utilities Design
jSttmdards and Specifications (latest version).
I1l Provide Services During Construction as follows:
· Attend project meetings as scheduled by the CITY
· Reconunend design changes as field conflicts arise (site visits may be required)
· Review and approval of pay requests from the construction Contractor (line of
conununication will be construction contractor to resident observer to CONSULTANT
to CITY)
· Provide clarification of plans and specifications throughout construction
· Revise/update plans and/or easement plats as changes occur that require resubmittal to
DOT I other agencies.
AUGUST A UTILITIES DEPARTMENT
it ~ !P~
Ii Nil'/. {/ ~5
C~UL[;. 1(2"
BY: 2{k rJ;J11 &-
BY:
PRINTED NAME:
PRINTED NAME: William R. Toole, P.E.
TITLE: DIRECTOR
11/111 to} Zo~(
TITLE:
DATE:
DATE:
President
5/9/01
I /
BY:
TITLE:
DATE:
~ /b ,-z.ul
22 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
ADDITIONAL SERVICES:
1. Revisions to the plans/ contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct
location given by CITY, incorrectly marked on plans by engineer) will be the responsibility
of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other
government agency at their request will be considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
I
I
I
NOTE:
It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional surveying and engineering services,
It is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a
manner which promotes their own financial gain, It is expected that such professionals will act as a faithful agent for the CITY as a
client. It is the duty of the CONSULTANT to protect the safety, health and welfare of the public in the performance of their
professional duties.
I
I
I
I
I
I
I
I
I
-
I
I
.
23 OF 23
REVISION DATE: FEBRUARY 5, 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
W R Toole Engineers, Inc.
Engineers . Consultants . Surveyors . Planners
March 1,2001
CH2M Hill
Augusta 2000 Program Office
360 Bay Street, Suite 100
Augusta, GA 30901
Attention:
Ms. Jennifer Whittinham, Program Manager
Subject:
Proposal for Engineering & Surveying Services
Project No: S0130 - Butler Collection Extension
TE Proposal No. POO-ISIA
Dear Jennifer:
Having completed a conceptual plan for the Butler Collection System, W.R. Toole
Engineers, Inc. is prepared to proceed with the preparation of construction documents,
This proposal outlines the tasks anticipated for completion of the projeCt and also
provides a compensation schedule.
TASK 1 - CONCEPTUAL PLANNING
Task 1 services have been completed and were utilized to determine the scope of services
as outlined below.
TASK 2 - WETLAND DELINEATION
I
-
Although the primary portion of the project limits are located within existing Richmond
County right-of-way, approximately 4000 linear feet of sewer is anticipated to be located
in wetland areas. These areas were identified near the tie-in locations to the proposed
Butler Creek Interceptor. We will schedule delineation of wetlands concurrent with
surveying activities and prior to engineering design activities. Although some wetland
areas cannot be avoided, there will be some circumstances when simply shifting the
proposed sewer alignment a few feet left or right will reduce wetland disturbance. The
deliverable for this task will be the delineation of the wetlands within the immediate
project area. The actual wetland limits will be identified and flagged in the field. W.R.
Toole survey crews will then locate the flags and map the wetland areas. W.R. Toole
Engineers utilizes the sub-consultant services of Graves Engineering for wetland
delineations. Due to the anticipated large area of wetland disturbance in this project and
i
349 Greene Street. Augusta,GA 30901
phone - 706.722.4114 . fax - 706.722,6219 · web - www.wrtoole.com
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
in the Butler Creek Interceptor Project, W.R. Toole Engineers recommends that both
projects be permitted concurrently or permitted with other bond projects. The
compensation schedule for Task 2 services includes the physical wetland delineation and
preparation of a wetland report for submittal to the U.S, Army Corps of Engineers
(USCOE). Task 2 services do not include fees for preparation of environmental permits.
TASK 3 - SURVEYING & BASEMAPPING
Concurrent with Task 2, W.R. Toole Engineers will provide GPS surveying services to
provide horizontal and vertical control points within the project limits. These points will
be tied into state plane coordinates and will provide control for the entire project. The
use of state plane coordinates will also allow for the construction documents to be
inserted directly into the Richmond County GIS information which is also on the state
plane coordinate system. With control points set, Toole Engineers will immediately
initiate field surveying activities. Utilizing the approved concept layout the proposed
sewer alignments will be surveyed in the field. The width of the route survey will depend
on the surrounding site conditions. Undeveloped areas will only require a narrow survey
to adequately show proximity to creek banks and wetlands. Developed areas will require
a wider route survey to accurately locate residential structures, utilities, pavement
sections, etc. It is anticipated that all areas within existing right-of-way will be surveyed
as well as locating finished floor elevations. Minor modifications to the proposed sewer
alignments are anticipated upon completion of the field survey as site conditions may
warrant shifting alignments to avoid wetlands or other previously unidentified structures.
Any major alignment modifications will immediately be brought to the attention of the
project management team and a determination will be made as to whether or not the
concept plan needs to be revised and reviewed. The deliverable for this task will be a
completed base map provided in both a hard copy format and in a digital format
(Auto CAD Version 14) if requested. Additionally, surveying services will include the
preparation of compiled easement plats. A preliminary count of easement plats totaled
39. Should additional plats be required, W.R. Toole Engineers requests that a unit fee of
$250.00 per plat apply.
TASK 4 - ENGINEERING DOCUMENTS (30%, 60%, and 90% SUBMITTALS)
Following completion of Task 3, Toole Engineers will initiate services for preparation of
construction documents. The set of construction plans will include a plan/profile of the
sewer and any necessary construction details. Preliminary easement maps will also be
compiled at this time. The deliverables for this task will be a set of construction plans, a
preliminary quantity take-off, an opinion of probable construction cost, and compiled
easement maps. Field staking of proposed manhole locations will also be included
following the approval of the 30% submittal by the program management team and
Augusta-Richmond County Public Works.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TASK 5 - ENVIRONMENTAL PERMITTING
Environmental permits will be prepared concurrently with Task 4 or following
completion of Task 4. It is anticipated that, at a minimum, wetland permits will be
required. W.R. Toole Engineers has recommended previously that Augusta Utilities
initiate preliminary meetings with the USCOE (David Crosby) at their earliest
convenience to discuss all of the bond projects to be completed within this program. This
early coordination effort will greatly increase the approval rate for all projects and will
significantly decrease the review periods for submitted permit applications. In addition,
it may be in the best interest of Richmond County to set-up a large scale mitigation plan
for future wetland disturbances in the form of wetland banks, wetland credits, etc. The
deliverable for Task 5 will be an approved permit from the USCOE. W.R. Toole
Engineers utilizes the sub-consultant services of Graves Engineering for environmental
permitting.
TASK 6 - FINAL ENGINEERING DOCUMENTS
Upon review and approval of the engineering documents (90% submittal) by the program
management team and Augusta Richmond County Public Works, Toole Engineers will
make any necessary revisions and finalize the engineering documents. The deliverables
for this task will be five (5) final sets of construction plans, five (5) final sets of compiled
easement maps, and five (5) sets of bid documents including quantity take-off's and
technical specifications. Additionally, Task 6 services will include final field staking of
the proposed manhole locations.
TASK 7 - PROJECT BIDDING
Task 7 services include support during the advertising and bidding of the projects. One
(1) bid package will be provided to the Richmond County Purchasing Department for
distribution to all contractors. It is assumed that the Richmond County Purchasing
Department will be responsible for all reproduction costs associated with bid package
preparation and distribution. Toole Engineers will also attend a pre-bid meeting as
necessary, attend the bid opening, review all bids, and make recommendations on the low
bidder. The deliverable for this task will be a tabulated bidders list, confirmation of the
low bidder, and a letter of recommendation for award.
TASK 8 - CONSTRUCTION INSPECTION
W.R. Toole Engineers is available for part-time and full-time construction inspection.
Deliverables for construction inspection include daily, weekly, and monthly reports, pay
request reviews, and documentation of field changes and change orders.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TASK 9-AS-BUILT DRAWINGS
W.R. Toole Engineers can provide as-built drawings in digital format by two methods.
The first method includes providing a drafting service by modifying the original
construction documents with information provided by the contractor on a "red-lined" set
of plans. The digital copy of the modified plans and the red-lined set of plans are then
submitted to Augusta Utilities. This method provides no guarantees as to what has
actually been constructed in the field. The second method would include surveying
services to physically locate the new manholes as constructed and provide invert
elevations on all pipes. The deliverable for method two would be a digital copy of the
sewer system layout as located in the field overlayed on top of the original construction
document.
COMPENSATION SCHEDULE
The following compensation schedule is separated per the tasks outlined above and based
on the approximate $3.5 million to $4.0 million opinion of probable construction cost
calculated in the conceptual plan.
TASK 1 : Professional services completed.
TASK 2: $ 5,500.00 for wetland delineation and preparation of wetland
report.
TASK 3: $ 73,550.00 for surveying activities, preparation of base map, and
preparation of 39 easement plats.
TASKS 4, 6, & 7: $ 186,800.00 for preparation of engineering documents for 30%,
60%, 90%, and 100% submittals including support during the
bidding process.
TASK 5: A proposal and fee structure will be provided as necessary. W.R.
Toole Engineers recommends environmental permitting for this
project to be addressed with other bond projects.
TASK 8: An hourly rate schedule and detailed scope of work will be
provided for these optional services as requested by the program
management team.
TASK 9: A separate proposal will be provided depending on which of the
two as-built methods is requested.
The lumps sum fee for Tasks 2, 3,4, 6, and 7 is $ 265,850.00. The remaining tasks are
optional and will require additional input from the project management team prior to
preparation of separate proposals.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TIME SCHEDULE
W.R. Toole Engineers will initiate surveying activities within one (1) week of verbal
authorization to proceed. Surveying activities will be completed with four (4) weeks
and a base map will be completed within an additional four (4) weeks. Wetland
delineation activities will occur concurrently with surveying activities. Following
completion of the basemap, a preliminary engineering plan will be completed in eight
(8) weeks. Subsequent 60% and 90% submittals will require approximately four (4)
weeks each. The final engineering document will be submitted six (6) weeks following
the final review by the program management team. Scheduling for remaining optional
tasks will be determined in subsequent proposals.
Again, W.R.Toole Engineers appreciates this opportunity to provide you with a proposal
for professional services. Should you have any questions or require further information
please contact our office.
Sincerely,
W.R. TOOLE ENGINEERS, INe.
<<~
Erik Hammarlund, P.E.
Engineering Department Manager