HomeMy WebLinkAboutJames G. Swift & Associates
Augusta Richmond GA
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YEAR: ro
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FILE NUMBER: \ ~3D
NUMBER OF PAGES: \LY
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GA
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PUBLIC WORKS
AND ENGINEERING DEP ARTMEN,T
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JAME.S' G. SWIF:T& A~SOCIA TE8
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FOR
LANEY-WALKER RECONSTRUCTION
( DRAINAGE IMPROVEMENTS)
PROJECT NUMBER: 326-04-288811018
TABLE OF CONTENTS
CONSULTANT SERVICES AGREEMENT
. Introduction
. Design Criteria
. Amount of Contract
. GENERAL CONDITIONS
~ 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
. SCOPE OF SERVICES
. EXHIBITS
~ Exhibit A - Consultant Personnel Listing
~ Exhibit B - Engineer's Proposal
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CONSULTANT SERVICES AGREEMENT
BETWEEN
PUBLIC WORKS AND ENGINEERING DEPARTMENT
AUGUSTA-RICHMOND COUNTY COMMISSION
AND
JAMES G. SWIFT & ASSOCIATES
This Agreement is made and entered into this /tjiJ- day of~e7IJBl:::-t.. , 200~
by and between Augusta Richmond County, Georgia, hereinafter called the "County" and James
G. Swift & Associates, a Corporation authorized to do business in Georgia, hereinafter called the
"Consultant. "
Whereas, the County desires to engage a qualified and experienced consulting firm to furnish
professional services for:
Drainage improvements to complement proposed road reconstruction
of Laney Walker Blvd. between Twiggs S1. and R.A. Dent Blvd.
Whereas, the Consultant has represented to the County that it is experienced and qualified to
provide the services contained herein and the County has relied upon such representation.
Now, therefore, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between the County and the Consultant that the Consultant shall provide the
design services ofthe Project (see Scope of Services).
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
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
Specifications, current edition.
The Consultant shall gather from the County all available data and information pertinent to the
performance of the services for the Project. The County shall have the final decision as to what
data and information is pertinent
The Consultant shall ensure that the 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 County.
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 County be present during the site visit.
The Consultant shall recommend and secure the County'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 County, in the
orderly preparation of the detailed construction contract plans, specifications, and contracts. The
Augusta Richmond County PW &E Plans Preparation Guidelines, current edition, shall be
utilized in the production of plans for the project. Upon receipt of the County'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 and Engineering Department
September 2000
Engineering Consultant Services Agreement
2
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 Richmond County Public Works and Engineering
Engineering Services:
$50.482.50
* Augusta Utilities
Engineering Services
$ 0
The maximum obligation of the County to the Consultant under the terms
of this Agreement shall be:
$50.482.50
* Augusta Richmond County shall have the right to award only the Road/Drainage Design work
if the County so desires.
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
3
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 County. Such cooperation shall include attendance at meetings, discussions, and
hearings, as may be requested by the County, furnishing plans and other data produced in the
course of work on the Project, as may be requested from time to time by the County to effect
such cooperation and compliance with all directives issued by the County 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
County.
COORDINATION WITH THE 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 information, 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 implemented as soon as
possible after receipt of Notice to Proceed by the County.
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 County 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 County.
If the project includes work for the Augusta Utilities (AU), the Consultant shall research all
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 and Engineering Department
September 2000
Engineering Consultant Services Agreement
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 County. The Consultant shall discuss with and receive approval from the
Augusta Richmond County Public Works and Engineering prior to sending said notices of intent
to enter private property. Upon request by the Consultant, the County will provide the
necessary documents identifying the Consultant as being in the employ of the County for the
purpose described in the Agreement. If the property owner or occupant denies the Consultant
permission to enter, such incident will be reported to the County and the County 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 County 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
phase of work performed by others based on data secured by the Consultant under the
Agreement, the Consultant shall confer with the County 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 County 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 County and all utilities, and authorities or
governments whose properties will be affected. 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 of the event.
The Consultant shall meet with the County for review of the work or submit in writing a project
status update on a monthly basis or as determined by the County.
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
5
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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 meeting. The
Consultant shall coordinate directly with the AU Liaison Engineer on matters directly related to
water and sewer work.
DELIVERY OF NOTICES
All written notices, demands, and other papers or documents to be delivered to the County
under this Agreement shall be delivered to the County'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 County.
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 County as the County may deem appropriate.
COVENANT AGAINST CONTINGENT FEES
The Consultant shall comply with the relevant requirements of all Federal, State, County, or
local laws. The Consultant 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 County shall have the right to
annul this Agreement without liability, or, at its discretion, to deduct from the Agreement 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 County for any
work required by the terms of this Agreement, without the written permission of the County
except as may otherwise be provided for herein.
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
6
REVIEW OF WORK
Authorized representatives of the County 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 County for inspection and
review at all reasonable times in the main offices of the County. Acceptance shall not relieve
the Consultant of its professional obligation to correct, at its expense, any of its errors in work.
The Public Works and Engineering Department may request at any time and the Consultant
shall 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 complies with the County's request in this regard. The
County's review recommendations shall be incorporated into the plans by the Consultant.
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 County, 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 County for
the following minimum amounts of insurance:
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 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. Property 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 ($100,000.00) 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. Pwfessional Liability InsHfanc@ in an amOlmt that correlates to the amount of tms
agreement aHd natblr@ ofthg projeot. 0/1'1/ I I3SH
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
7
COMPENSA nON
The County shall compensate the Consultant for services which have been authorized by the
County under the terms of this Agreement.
The Consultant may submit to the County a monthly invoice, in a form acceptable to the
County and accompanied by all support documentation requested by the County, for payment
for the services which were completed during the billing period. The County shall review for
approval said invoices. The County 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 County, are unreasonably in excess of the actual stage of completion of each phase. The
County 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 County of
the services covered by such invoice. The County 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.
Compensation for design services for the Augusta Richmond County Public Works and
Engineering Department shall be a lump sum for each phase or item of work authorized by the
County. 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 County, the County 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 Richmond County, 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
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
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
8
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consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
CONTRACT TERMINATION
Pursant to O.C.G.A. 36-60-13, this Agreement shall terminate absolutely and without further
obligation on the part of the County 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 Agreement shall nevertheless automatically be renewed unless the County provides written
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 County. This Agreement shall obligate the County solely for
those sums payable during the initial term of execution or in the event of renewal by the County
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 County for such terms or renewal terms
as are effective pursuant to this Agreement and for which the County agrees to pay in accordance
with the terms ofthe Agreement or any future amendments thereto.
The County 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 agreement, none of whom shall be employees of, or have any
contractual relationship with, the County. Primary liaison with the County 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 work 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; and further shall employ only qualified
surveyors in responsible charge of any survey work.
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
9
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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.
CONFIDENTIALITY
The Consultant agrees that its conclusions and any reports are for the confidential information
of the County and 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 County, 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 property of the County and be delivered to the Director of Public Works &
Engineering.
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 writing by County.
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
County, 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 County 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.
RECOMMEND FOR APPROVAL:
Approved: Date Q.I' R.I () () ,,' ~::-
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Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
10
SCOPE OF SERVICES
General Scope 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
"General Project Descriotion. "
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 B)
Augusta Public Works and Engineering Department
September 2000
Engineering Consultant Services Agreement
11
-'
JAMES G. SWIFT & ASSOCIATES
~INGENGINEERS
Phone #706-868-8803
Fax #706-868-5464
August 16, 2000
Mrs, Theresa Smith, PE
AUGUSTA PUBUC WORKS DEPT,
1a15-~rvin Griffin Road
Augusta, GA 30906
RE: Laney Walker Blvd. Drainage Improvements
Dear Theresa:
. We are pleased to submit this revised proposal for providing' surveying and engineering in
connection with- the-above referenced project. This revised proposal is based on a system design
to handle a 10 year stom! event.
Utilizing existing plans and surveys prepared by Charles T. Alexander for street improvements to
Laney- Walker Blvd.. James G. Swift & Associates win provide necessary surveying and engineering
services to augment the existing plans with a proposed drainage improvements plan. The scope of
work wm be, limited to those improvements shown on the attached exhibit. Any drainage
improvements shown on the existing plans prepared by Charles T. Alexander should be omitted from
the street contract.
James G. Swift & Associates will render services as follows:
Item Description Fee
A. Additional field surveys $11-,000;00
B. Prepare Plans $33,000.00
SUBTOTAL ' $44,000.-00
C. Work performed but not yet billed (4124/99 to 7/24/00)
t. Prepare exhibits and- attend meetings.
2. Make changes to CTAlexander plan
3. Make field study to define project scope
Engineering - 16 hrs. @ $.100/hr = $.1600,
'Drafting - 108.5 hrs @ $45/hr = $4882.50 '$6,482.50
TOTAL $50,482.50
1206 Interstate Parkway · Augusta, Georgia 30909
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Page 2
Mrs. Theresa Smith, PE
RE: Laney Walker Blvd. Drainage Improvements
Augu~t16,2000
We appreciate the opportunity to submit this revised proposal. If you should have any questions or
comments, please do not hesitate to call.
BSH:psh
.
EJ;lclosures: Predesign Estimate
ExhIDit
Storm Sewer Calculations
Sep 13 00 07:55a
James G. SwiF~ & Asssocia 706-868-5464
p. 1
, .
JAMES G. SWIFT & ASSOCIATES
~ING ENGINEERS
Phone #706.868.8803
Fax 1t706-868-5464
Sept~mber 12, 2000
Theresa Smith PE, Director
AUGUS.TA PUBLIC WORKS DEPT.
Via Fax: 796~5045
RE: Laney Walker Blvd. Drainage Improvements
· Dear Theresa:
James G. Swift & Associates wi/( complete plans on the above referenced
project, as outlined in our proposal dated August 16, 2000, within 60 days
of Notice to Proceed.
If you should have any questions or comments, please do not hesitate to
call.
jWH
Bill S. Hargrove
ASSOCIA TES
BSH:psh
~
1206 Interstate Parkway · Augusta, Georgia 30909