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HomeMy WebLinkAboutDrainage Improvements Phase 1 And 2 Augusta Richmond GA DOCUMENT NAME: Ur,i< "0 '"Sr,,%,rolf <em 01-5 'fhu::, "- ;L c..,..,cj 2.. DOCUMENT TYPE: 0J~"'rf\ (. (I-t YEAR: D \ BOX NUMBER: I L\ FILE NUMBER: 15~83 NUMBER OF PAGES: IS - , '::.. "' .. CONSULTANT SERVICES AGREEMENT BETWEEN. , ..-~.~--AYG-YS~A,.,GA " FOR Augusta-RlchmondCounty Drainage Improvements, Phase I & IT (Drainage) PROJECT NUMBERS: 323-04-2"01823101 & 323-04-201823102 ; TABLE OF CONTENTS CONSULTANT SERVICES AGREEMENT Page 1 2 3 . Introduction . Design Criteria . Amount of Contract . GENERAL CONDITIONS 4 ~ Consultant Coordination ~ Coordination with County Historic Preservation Planner ~ Coordination with the Georgia Department of Community Affairs ~ Coordination with Utilities ~ Right to Enter ~ Accuracy of Work ~ Liaison Engineer ~ Delivery of Notices ~ Supervision and Control ~ Covenant Against Contingent Fees ~ Employment of County's Personnel ~ Review of Work ~ Responsibility for Claims and Liability ~ Insurance ~ Compensation ~ Contract Disputes ~ Contract Termination > Personnel ~ Confidentiality . SIGNATURE PAGE 10 . SCOPE OF SERVICES 11 . EXHIBITS ~ Exhibit A - Engineer's'Proposal ; CONSULTANT SERVICES AGltEEMENT BETWEEN PUBLIC WORKS AND ENGINEERING DEPARTMENT AUGUSTA, GEORGIA COMMISSION AND - _h_ - - - - --- -~,R. Toole-Engineers- , Tills Agreement is made a~d entered into this ih day of November 2001, by and between Augusta, Georgia, hereinafter called the "City" and W. R. Toole Engineers, a Corporation . authorized to do business in Georgia, hereinafter called the "Consultant." Whereas, the City desires to engage a qualified and experienced consulting firm to furnish professional services for: Fourteen (14) miscellaneous drainage projects requiring work due to erosion problems, undersized culverts, storm water run-off and inadequate piping systems. 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 ofthe mutual promises'and covenant herein contained, it is agreed by and between the City and the Consultant that the Consultant shall provide the design services ofthe Project (see Scope of Services). Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 1 DESIGN CRITERIA The following publications shall be used as the basis for the engineering design services contained herein: Georgia Department of Transportation Standard Manuals and Specifications- for the Construction of Roads and Bridges, current editions, and supplements thereto; American Association of State Highway and Transportation Officials (AASHTO) Manuals for Arterial Streets, Rural, Urban, and Interstate Highways; Manual of Uniform Traffic Control Design, Development Documents, The Augusta Utilities Design Standards and Construction .___. ____ SQecifications current edition. - ---... ,.------.--..----.-..------.-..-...-..-,-...-------....-.__._-----"-_._.._-~-~--,---~- ~_._,-_.~ --.-"'..-.---..- The Consultant shall gather from the City all available data and information pertinent to the performance of the services for the Project. The City shall have the final decision as to what data and information is pertinent ,The Consultant shall ensure tharthe data'and information meet applicable standards as specified herein. The Consultant shall report in writing any discovery of errors or omissions contained in the data and information furnished by the City. The Consultant shall visit and become familiar with the Project site and shall become acquainted with local conditions involved' in carrying out this Agreement. The Consultant may request that a representative of the City be present during the site visit. The Consultant shall recommend and secure the City's written approval of, the manner of project plans 'presentation and the methods to be used in the plan preparation so that these plans can be best utilized, as determined by the Consultant and approved by the City, in the orderly preparation of the detailed construction contract plans, specifications, and contracts. The Augusta PW &E Plans Preparation Guidelines, current edition, shall be utilized in the production of plans for the project. Upon receipt of the City's written approval of the manner of the project plan presentation and methods of plan preparation, the Consultant shall proceed with implementation of plan preparation. Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 2 t AMOUNT OF CONTRACT It is agreed that the compensation hereinafter specified to perform the services (see Scope of Services) required by this Agreement includes both direct and indirect costs chargeable to the project, as further defined in Appendix D. Augusta Public Works and Engineering ._El1gineering~S.~ryiQ~_~;_,___,_,___~_________ _,________,____,____,___,_,_____,__, $~ 62.85.0. 00 * Augusta Utilities Engineering Services $ o The maximum obligation of the City to the Consultant under the terms of this Agreement shall be: $169.850.00 * Augusta shall have the right to award only the Road/Drainage Design work if the City so desires. Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 "I .J ,GENERAL CONDITIONS CONSULTANT COORDINATION The Consultant shall cooperate fully with the Georgia Department of Transportation, Federal Highway Administration, consultants on adjacent projects, consultants for final bridge plans, municipalities and local government officials, utility companies, railroads, and others, as may be directed by the City. Such cooperation shall include attendance at meetings, discussions, and , ,- - --hearings,as-may ,be ,requested- by-the-Gity,..fumishing-plans,and other-data-producedjn..the..course --- of work on the Proj ect, as may be requested from time to time by the City to effect such cooperation and compliance with all directives issued by the City in accordance with this agreement. It is understood and agreed that the Georgia Department of Transportation and Federal Highway Administration may have access to the work and be furnished information as directed by the City. COORDINATION WITHTHE NATIONAL GEODETIC SURVEY If a National Geodetic Survey control point is found during the surveying phase, it is to be identified and brought to the attention of the Pre-Construction Engineer. If it is to be affected based on the proposed design, at the direction of the Pre-Construction Engineer, the Consultant shall contact the National Geodetic Survey (NGS) advisor at the Georgia Department of Community Affairs (DCA) and request data on geodetic control points during the preliminary evaluation phase of project design. (Address: NGS c/o DCA, 1200 Equitable Building; Atlanta, Georgia 30303. Telephone: 404-656:.5527, FAX: 404-656-9792. Consultant shall provide the NGS Advisor with a clear copy of the pertinent USGS 7.5' Quad sheet(s) showing the project location. Preliminary infonmition, even in ,rough outline, is sufficient to allow the advisor to determine impact of the proposed project on NGS and USGS control points. Continued coordination with the advisor to relocate and/or preserve affected control points will be maintained throughout the project life. This coordination shall be imple~ented as soon as possible after receipt of Notice to Proceed by the City. COORDINATION WITH UTILITIES Where privately, publicly or cooperatively owned utility companies will require rearrangements in connection with the proposed construction, the Consultant shall furnish prints or reproducible for the utility owners as directed by the City and check the utilities" submitted plans for avoidance of conflicts with the road construction details or with the facilities of other utilities. This may require numerous submittals to the utility companies. The Consultant shall also submit a final set of construction plans to all utilities. The Consultant shall make ,no commitments with the utilities which are binding upon the City. If the project includes work for the Augusta Utilities (AU), the Consultant shall research aU Augusta Utilities records and act on behalf of the AU to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the road construction details or with the existing or proposed facilities of other utilities. Augusta Public Works & Engineering Department Engineering Consultant Services Agreement - January 2001 4 RIGHT TO ENTER The Consultant shall notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing surveys or other field investigations in accordance with the practices of the City. The Consultant shall discuss with and receive approval from the 'Augusta Public Works and Engineering prior to sending said notices of intent to enter private property. Upon request by the Consultant, the City will provide the necessary documents identifying the Consultant as being in the employ of the City for the purpose described in the Agreement. If the ,. m~:m~r!y.,~\YI!~LgLQfCl!Qant deni~~Jhe_~_2..n,~ul!~~ p_er:!P!s,s.~()I!, tg _e!l~e~, ,su~h, in~i~eJ:l!,~j~t~~__ reported to the City and the City will initiate such action as is dictated by current policy and ----- 'procedure. ACCURACY OF WORK The Consultant shall be responsible for the accuracy of the work and shall promptly correct its errors and omissions without additional compensation. 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. At any time during the construction of the improvement provided for by the plans or during any phas'e of work performed by others based on data secured by the Consultant under the Agreement, the Consultant shall confer with the City for the purpose of interpreting the information obtained and to correct any errors or omissions made by it. The Consultant shall prepare any plans or data required by the City to correct its errors or omissions. The above consultation, clarification, or correction shall be made without added compensation to the Consultant. The Consultant shall give immediate attention to these changes so there will be a minimum: of delay to others. PRE-CONSTRUCTION ENGINEER , The Pre-Construction Engineer or his duly appointed representative(s) shall act as the Liaison Engineer between the Consultant' and the City and all utilities, and authorities or governments whose properties will be affec,ted. The Consultant shall arrange for conferences, for exchanges of data ,and information, and for necessary approvals. All correspondence, data, information, and reports shall be directed to the Pre-Construction Engineer to provide for proper distribution to the parties concerned. All conferences, including telephone conversations and decisions, shall be reduced to writing by the Consultant and at least two (2) copies shall be forwarded to the Pre-Construction Engineer within seven (7) calendar days ofthe event. , The Consultant shall meet with the City for review of the work or submit in writing a project status update on a monthly basis or as determined by the City. Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 5 The Pre-Construction Engineer will expedite any necessary decisions affecting the performance of the Consultant's Agreement, but the Consultant shall not make use of the Pre-Construction Engineer's services on trivial or minor matters normally to be decided by the Consultant. If the project includes work for Augusta Utilities, an AU Liaison Engineer will act in the same capacity as the PW &E Pre-Construction Engineer does for the roadway design work. Both the AU Liaison Engineer and the PW&E Pre-Construction Engineer shall be. copied on all correspondence, including documented phone conversations and minutes of meetings. The . C()ns.lllt~nt..sh~lJ G()()rdjI!a!eQi!ec!ly.wiJh, the. I.\y_ ~i~is()!l E.~g!n~~r. ~I?- .mat!~~s~i.!:e,~t~Y_!:~.1a~ed..t~____ __oo, water and sewer work. - DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered to the City under this Agreement shall be delivered to the City's office, 1815 Marvin Griffin Road, Augusta, Georgia 30906, Attention: Pre-Construction Engineer, or at such other place or places as may be subsequently designated by written notice to the Consultant. All written notices, demands, and other papers or documents to be delivered . to the Consultant under this Agreement shall be directed to or at such a place or places subsequently to be designated in writing by the Consultant to the City. SUPERVISION AND CONTROL The Consultant shall perform the services required to accomplish the work plan as stated above under such control and supervision by the City, as the City may deem appropriate. COVENANT AGAINST CONTINGENT FEES The Consult~t shall comply with the relevant requirements of all Federal, State, County, or local laws. The Consultailt warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent. upon or resulting from the award or making of this Agreement. 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 Agr.eement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, ,or contingent fee. EMPLOYMENT OF COUNTY'S PERSONNEL The Consultant shall not employ any person or persons in the employ of the City for any work required by the terms of this Agreement, without the written permission of the City except as may otherwise be provided for herein. Augusta Public Warks & Engineering Department Engineering Consultant Services Agreement January 2001 6, 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 computations prepared by or for the Consultant, shall be available to authorized representatives of the City for inspection and review at all reasonable times in the main offices of the City. Acceptance shall not relieve the Consultant of its professional obligation to correct, at its expense, any of its errors in work. The J~Y:Q lic:.j:VgJks_~d, gngin~~ti.r:!g J?~p_~r!!!l_~J,!!!~Y_S~q!-!.~~.L.~L.~y_tim~~d~~_G..O}lSU!!~.L~Q~l! __ produce progress prints or copies of any work as 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 complieswith the City's request in this regard. The City's review recommendations shall be incorporated into the plans by the Consultant. RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant shall be responsible for any ahdall 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 subcontractors, or its agents in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason ofthe listing of any insurance coverage. INSURANCE Prior to beginning work, the Consultant shall obtain and furnish certificates to the City for the following minimum amounts o'f insurance: A. 'Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. Public Liabilitv Insurance in an amount of not less than One Hundred Thousand ($100,000.00) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on account of anyone occurrence. C. Propertv Damage Insurance in an amount of not less than Fifty Thousand ($50,000.00) . Dollars from damages. on account of any occurrence, with an aggregate limit of One Hundred Thousand ($1 OO,OOO.QO) 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 amount that correlates to the amount of this agreement and nature of the project. Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 7 i COMPENSATION The City shall compensate the Consultant for services which have been authorized by the City under the terms of this Agreement. The Consultant 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 said invoices for _. __ __..___ _AlmrQYal...,_'[l}~U=i!Y_!?_balLh~yt:Ul1e righL~r..~j,ect R.~Y!!!~!!t-2.L@Y..inyoice or part thereof if not ---- ..- --------------- properly supported, or if the costs requested or a part thereof, as d~termined solely by the City, are unreasonably in excess of the actual stage 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 be considered to be evidence of performance by the Consultant to the point indicated by such invoice, or of receipt of acceptance by the City of the services 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 Consultantshall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing, period. Compensation for design services for the Augusta Public Works and Engineering Department s~all be a lump sum for each phase or item of work authorized by the City. The Consultant shall invoice based on the percentage of the work completed during the billing period. Upon completion by the Consultant of each phase of the work and approval thereof by the City, the City will pay the Consultant a sum equal to one hundred percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment except as otherwise stated below for Water and Sewer design services. Compensation for design services for the Augusta Utilities shall be invoiced based on the sum of all actual costs incurred in the: performance of the work, including all direct, payroll, overhead, and profit costs in an amount not-to-exceed the compensation set forth herein for the Water and Sewer Plans Phase. CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Augusta, Georgia, and all questions of interpretation and construction; shall be governed by the Laws of the State of Georgia. All claims, disputes and other matters in question between the Owner and the Consultant arising i?J (#. out of,o~relat~k~o tp.e Agreem. ent~ or .the breach thereof, shall be decided in.. the Superior Court . of i31~ m:nCM'tgi'Q' The Consultant, by executing .this Agreement, specifically consents to ' ~ " venue in Augusta and waives any right to contest the venue in the Superior Court of A 118l}~ta,;:; e~ lk Georgia.' " , ' . '~6J ~ Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 8 .. CONTRACT TERMINATION Pursant to O.C.G.A. 36-60-13, this Agreement shall terminate a.bsolutely and' without further obligation on the part of the City at the close of the calendar year in which this Agreement is executed and at the close of each succeeding calendar year for which the agreement may be renewed by the parties hereto. . . _ ___ __ __ , This_Agre~m~.nt _sh<!ll,Il~y~rth~l~~,~_J!lJtm11E-ti_~~UY_Q~ r~n~}y~Q_ unl~s..1? J!!~ ~i!Y..Rrovides..JYIit!~I.! notice to the Consultant of its intention to terminate the Agreement at least thirty days prior to the close of the calendar year for which the Agreement is presently effective between the parties and/or has been renewed by the City.' This Agreement shall obligate the City solely for those sums payable during the initial term of execution or in the event of renewal by the City for those sums payable in such individual renewal terms. Notwithstanding the foregoing language, the Consultant agrees to continuously render the professional services specified by the Agreement to the City for such terms or renewal terms as are effective pursuant to this Agreement and for which the City agrees to pay in accordance with the terms of the Agreement or any future amendments thereto. 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. PERSONNEL The Consultant represents that it has secured or will secure, at its own ,expense, all personnel necessary to complete this agreeinent, none of whom shall be employees of, or have any contractual relationship with,' the City. Primary liaison with the City will be through its designee. If the project includes AU work, the Consultant shall identify, in writing, a water/sewer project manager responsible for direction and coordination of this portion of the project. All of the services required hereunder will be performed by the Consultant under his supervision, and all personnel engaged in the w.ork shall be fully qualified and shall be authorized or permitted under law to perform such services. . All professional personnel, including subcontractors, engaged in performing services for the Consultant under this agreement shall be indicated in a personnel listing attached hereto as Exhibit "A" and incorporated herein by reference. No changes or substitutions shall be permitted in the Consultant's key personnel as set forth herein without the prior written approval of the Director or his designee. . . The Consultant shall employ in responsible' charge of supervision and design of the work only persons duly registered in the appropriate category; arid further shall employ only qualified surveyors in responsible charge of ally survey 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. Augusta Public Works Engineering Consultant Services Agreement & Engineering Department January 2001 9 ':' CONFIDENTIALITY The Consultant agrees that its conclusions and any reports are for the confidential information of the City arid that it will not disclose its conclusions in whole or in part to any person 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, reports, maps, data and studies prepared by the Consultant pursuant thereto shall become the _,_,___,_,__prop~!!y~q~_~tty and be delivered to the Director of Public Works &}~ngine~E?g. _ ___,___ 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 written approval in writing by the City. " It is further agreed that if any information concerning the project, its conduct, results, or data gathered or processed should be released by the Consultant 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 Consultant with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this agreement. IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of Consultant. ~;{/f ~. Toole Engineers Approved: Date 1. &1 [AtTACHED CORPORATE SEAL] Approved: Date I /~JV2.. [ATTACHED CORPORATE SEAL] A?/lJ;IJf~d Title.~te-::t.e tJF 'Gn IIlJiSllJ/j , ~JESr_ /if . '., (:f5bi1-K" j(J.[tc . ~ Title' &.CZc 11c;;;'U7{~C!--Ior- Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 10 SCOPE OF SERVICES General Sco-pe of Services The services to be furnished by the Consultant under this Agreement shall be. those necessary to survey, design, and provide preliminary plans, right-of-way plans, final construction plans, special provisions, contract documents and other related studies and services for Fourteen (14) miscellaneous drainage projects requiring work due to erosion problems, undersized culverts, storm water run-off and inadequate piping systems. Services shall be provided in accordance with the Scope of Services for each phase of the work with the following specific items of clarification: See attached engineer's proposal (Exhibit A) Augusta Public Works & Engineering Department Engineering Consultant Services Agreement January 2001 11