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HomeMy WebLinkAboutW R TOOLE ENGINEERSAIE Agreement City /W.R Toole Engineers, Inc. V Y C 0 ro AGREEMENT FOR ARCHITECTURAL SERVICES AUGUSTA, GEORGIA W. R. TOOLE ENGINEERS, INC. This Agreement made this 8th day of July in the year of 2oio by and between Augusta, Georgia, by and through the Augusta - Richmond County Commission, as the Implementor of the Community Development Block Grant Program hereinafter referred to as "Owner ", and W. R. Toole Engineers, Inc., hereinafter referred to as "A /E" (Architect /Engineer). It shall be understood that the words "Architect" and "Engineer" as used in this agreement are interchangeable. Whichever word is used above in connection with the firm's name shall be accepted as the correct appellation throughout the agreement regardless of which word is used hereafter. WITNESSETH THAT, the Owner is considering the development and construction of projects as summarized as follows: • Facade Rehabilitation Grant Program — The program is designed to restore the appearance of historic structures located primarily in the City of Augusta's Central Business District (CBD) and rehabilitate structures in neighborhood commercial areas of the Central City Revitalization District (CCRD). Improvements are limited to the exterior of the structures. Public Facility Projects — involves improvements to the exterior and /or interior of various structures such as recreational centers, senior centers, community centers and other public buildings. Occasionally, projects may include street improvements, flood /drainage and water /sewer improvements. • Additional Services — may be requested or approved by Owner during the course of the contract period. A/E shall be compensated on the basis of a fixed sum fee to be negotiated at the time the Task Work Order is issued based on the approved A/E rates schedule. Hereinafter called the "Projects ", for use by: The City of Augusta's Housing and Community Development (AHCD) Department. WHEREAS, the Owner desires the services of an A/E to render architectural and /or engineering services, or both, incident to such development and construction of the Project. NOW, THEREFORE, inconsideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner and the A/E agree: ARTICLE I REPRESENTATIONS AND WARRANTIES By executing this Agreement, the A/E makes the following expressed representations and warranties to the Owner: A. The A/E is professionally qualified to act as the A/E for the Project and is licensed to practice architecture and engineering by all public entities having jurisdiction over the A/E and the Project; B. The A/E shall maintain all necessary licenses, permits or other authorizations necessary to act as A/E for the Project until the A/E duties hereunder have been fully satisfied; Page 1 of 8 A/E ,Agreement City/W.R Toole Engineers, Inc. C. The A/E will become familiar with the Project site and the local conditions under which the Project shall be designed, constructed and operated; D. The A/E shall exercise that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in preparing all documents required by this Agreement including, but not limited to, all plans and specification, and shall exercise usual and customary professional care to conform and comply with all applicable laws, codes and regulations effect at the time of preparation; and E. The A/E assumes responsibility to the Owner for the negligent acts, errors and omissions of its consultants or sub - consultants for professional services within the scope of work between A/E and Owner of the Project. ARTICLE II A/E SERVICES The A/E agrees to provide the personnel, supplies, equipment and labor necessary to perform the Basic Services as outlined in the Request for Qualifications (RFQ) Item #o9 -i9g dated January 26, 201o. Any substantial change or addition to the scope of Basic Services shall be agreed upon in writing by the Owner and A /E. The A/E shall provide the Basic Services in the following areas: • Architecture • Site Planning • Structural Engineering • Civil Engineering • Cost Estimating • Construction Contract Administration A/E agrees to perform Additional Services, if any, at rates to be determined based on the nature of the services involved. Authorization of performance of any Additional Services shall be in writing from the Owner. A /E's services shall be divided in five (5) phases as outlined below: (1) Pre - Design Phase The Pre - Design Phase consists of A/E meeting with Owner's staff and property owner at the site to discuss the scope of work required for design of the project. A/E will submit to Owner its understanding of the project, project approach, scope of work, a schedule of the tasks, fee proposal, and an estimate of reimbursables. Owner's staff will review the information and if acceptable, issue a Task Work Order. For structures located in the Central Business District, A/E will photograph the structure /project, determine the age, historical significant, condition of the structure and eligibility of structure for the Fagade Program. For other projects, A/E will photograph structure /project, collect information, including site and building plans, if available, in order to prepare the preliminary design. A/E will provide Owner with a written recommendation and preliminary cost estimate of the project. If A/E and Owner determines that the project isn't eligible, A/E will be paid based on an hourly rate according to the Schedule of Rates and Charges submitted to Owner in Appendix B. (2) Conceptual Design Phase Upon issuance of a Notice to Proceed, A/E will prepare preliminary design and a cost estimate of the project based on prevailing wages for the project scope. A set of plans and specifications shall be submitted to Owner consistent with the requirements and criteria established by the Owner to secure the property owner's written approval. They shall include in a detailed manner all work to be performed; all Page 2 of 8 AIE Agreement City/W.R. Toole Engineers, Inc. material; workmanship; finishes and equipment required for the architectural, structural, mechanical, electrical and site work. (3) Final Design Phase A/E shall revise preliminary plans and specifications consistent with comments from Owner, property owner, local Historic Preservation Committee and the State Historic Preservation Office. A/E shall submit to Owner two (2) sets of reproducible plans and specifications to be used for bidding purposes. (4) Bid Phase A/E shall attend and actively participate in a pre -bid meeting at project site and the bid opening conducted by the City's Procurement Department. A/E shall assist in administering the bidding and award of the construction contract. This shall include: • Responding to inquires • Drafting and issuing addendum • Reviewing and tabulating bids • Recommending award • Altering drawings and specifications as often as required to award within the estimated construction contract cost (5) Construction Phase After execution of the Construction Contract, the Architect shall in a prompt and timely manner administer the Construction Contract and all work required by the Bidding, Construction and Contract documents. The A/E shall endeavor to protect the Owner against defects and deficiencies in the execution and performance of the work. A/E shall: • Administer the Construction Contract. • Conduct pre- construction conference and attend. dispute resolution conferences and other meetings when requested by the Owner. • Review and approve contractor's shop drawings and other submittals for conformance to the requirements of the contract documents. • Monitor the quality and progress of the work and furnish a written field report weekly. • Review, approve and submit to Owner the Contractor Requests for Payment. • Conduct all job meetings and record action in a set of minutes which are to be provided to the Owner. • Make modifications to Construction Contract Documents to correct errors, clarify intent or to accommodate change orders. • Make recommendations to Owner for solutions to special problems or changes necessitated by conditions encountered in the course of construction. • Promptly notify Owner in writing of any defects or deficiencies in the work or of any matter of dispute with the Contractor. Page 3 of 8 A/E Agreement 044 IW.R. Toole Engineers, Inc. • Negotiate, prepare cost or price analysis for and countersign change orders. Prepare written punch list, certificates of completion and other necessary construction close out documents. A more detailed list of A /E's responsibilities and scope of services are outlined in Appendix A, "Architect /Engineer's Responsibilities ". ARTICLE III OWNER'S RESPONSIBILITIES The Owner shall provide information about the objectives, guidelines, constraints and existing conditions of the Project and shall establish a budget that reasonably meets the Project requirements. The A /E, however, shall be responsible to ascertain and know federal requirements and limitations placed on the Project. ARTICLE IV TERM AND EXTENSION OF AGREEMENT The term of this Agreement is for one (1) year commencing on the date of execution of this Agreement. The Owner may extend this Agreement one (1) additional year upon agreement of all parties. ARTICLE V TIME OF PERFORMANCE The Architect's schedule for preparing, delivering and obtaining Owner's approval for Basic Services shall be as follows: • Design /Preliminary Plans and Specifications within 30 calendar days from the date of the receipt of a Notice to Proceed. • Design /Final Plans and Specifications within 30 calendar days from the date of receipt of written approval from Owner of property owner's approval of Design /Preliminary Plans and Specifications. ARTICLE VI COMPENSATION For projects /services authorized under this Agreement, A/E shall be compensated as follows: Payments for A/E services shall be payable as stipulated in each Project approved Task Work Order issued by Director of AHCD Department based on rates submitted by A/E incorporated as Appendix B, "Schedule of Rates and Charges" except for reimbursable expenses. Page 4 of 8 Phase(s) I - II: Pre-Design Phases 25% III: Final Design 40% IV: Bid Phase 5% V: Construction Phase 30% Total 100% Payments for A/E services shall be payable as stipulated in each Project approved Task Work Order issued by Director of AHCD Department based on rates submitted by A/E incorporated as Appendix B, "Schedule of Rates and Charges" except for reimbursable expenses. Page 4 of 8 AIE Agreement CityWW.R. Toole Engineers, Inc. 1. REIMBURSABLE EXPENSES. Payments for reimbursable expenses shall be made during all phases based on actual expenses. Reimbursable Expenses are in addition to the Fixed Fee and are for certain actual expenses incurred by the A/E in connection with the Project as enumerated below. a. Travel Costs. The reasonable expense of travel costs incurred by the A/E when requested by Owner to travel to a location that lies outside of a 45 mile radius of either the Project site, A /E's office and Owner's office. b. Long Distance Telephone Costs. Long distance telephone calls and long distance telefax costs. C. Delivery Costs. Courier services and overnight delivery costs. d. Reproduction Costs. Reproduction and postage costs of required drawings, specifications, Bidding and Contract documents, excluding the cost of reproductions for the A/E or Contractor's own use. 2. PAYMENT FOR ADDITIONAL SERVICES. The Owner will pay the Architect only for Additional Services agreed to as outlined in a Task Work Order executed by the Owner and the A /E. Payment for all such Additional Services shall be in an amount and upon the terms set out in the Task Work Order. 3. INVOICING AND PAYMENTS. a. Invoices. All payments shall require a written invoice from the Architect. Invoices shall be made no more frequently than on a monthly basis. Payments for Basic Services shall be in proportion to services completed within each phase of work. When requesting such payment, the invoice shall identify the phase and the portion completed. All invoices shall state the Agreement, name and address to which payment shall be made, the services completed and the dates of completion and whether the invoice requests payment for Basic Services, reimbursable or Additional Services. Invoices seeking payment for Reimbursable or Additional Services must provide detailed documentation. b. Time of Payment. Upon the A /E's proper submission of invoices for work performed or reimbursable expenses, the Owner shall review and, if the work is in conformance with the terms of the Agreement, make payment within thirty (3o) days of the Owner's receipt of the invoice. ARTICLE VII DESIGNING WITHIN FUNDING LIMITATIONS The Architect shall perform services required under this Agreement in such a manner so as to cause an award of a Construction Contract that does not exceed the amount to be provided by the Owner in writing to the A/E prior to the commencement of A/E services. This fixed limit shall be called the Maximum Construction Contract Cost. The amount may be increased by the Owner, but only with written notice to the A /E. If the increase results in an increase in the scope of work, an amendment to the Project Task Work Order will be required to include compensation for additional services. Under no circumstances shall the A/E fee exceed the amount of funds available for the project. ARTICLE VIII TERMINATION A. TERMINATION OF AGREEMENT FOR CAUSE. If, through any cause, the A/E shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the A/E shall violate any of the covenants, agreements, or stipulations of this Agreement, the Owner shall thereupon have the right to terminate this Agreement by giving written notice to the A/E of such termination and specifying the effective date thereof, at least five (5) days before the effective date Page 5 of 8 AIE Agreement City/Wk Toole Engineers, Inc. of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the A/E under this Agreement shall become the Owner's property and the A/E shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the A/E shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the Agreement by the A /E, and the Owner may withhold any payments to the A/E for the purpose of set -off until such time as the exact amount of damages due the Owner from the A/E is determined. B. TERMINATION FOR CONVENIENCE OF OWNER. The Owner may terminate this Agreement at any time by giving at least ten (io) days notice in writing from the Owner to the A /E. If the Agreement is terminated by the Owner as provided herein, the A/E will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the A/E covered by this Agreement, less payments of compensation previously made; Provided, however, that if less than sixty percent (6o %) of the services covered by this Agreement have been performed upon the effective date of such termination, the A/E shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses during the Agreement period which are directly attributable to the uncompleted portion of the services covered by this Agreement. If this Agreement is terminated due to the fault of the A /E, Paragraph A hereof relative to termination shall apply. ZXTi ]00014 1. The A/E represents that he /she has, or will secure at his expense, all personnel, to include Architects /Engineers, required in performing the services under this Agreement. Such personnel shall not be employees of or have any conflicting contractual relationship with the Owner. 2. All of the services required hereunder will be performed by the A/E or under his /her supervision and all personnel and /or subcontractors engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. 3. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the Owner. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. The A /E, at such time and in such forms as HUD and /or the Owner may require shall furnish HUD and /or the Owner such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. The Owner shall assume full responsibility for establishing regular monitoring procedures for this Agreement. E. RECORD AND AUDITS. The A/E shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the Owner or HUD to assure proper accounting for all project funds, both Federal and non - Federal shares. These records will be made available for audit purposes to the Owner, HUD or the Comptroller General of the United States or any authorized representative and will be retained for five (5) years after the expiration of this Agreement unless permission to destroy them is granted by both the Owner and HUD. Page 6 of 8 AIE Agreement City /W.R. Toole Engineers, Inc. F. COMPLIANCE WITH LOCAL LAWS. A/E shall comply with all applicable laws, ordinances and codes of the State and local government, and the A/E shall save the Owner harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Agreement. G. COMPLIANCE WITH FEDERAL LAWS. A/E shall comply with all Federal laws to include but not limited to the following: 1. CIVIL RIGHTS ACT OF 1964. The A/E will abide by the provisions of the Civil Rights Act of 1964 which states that under Title VII, no person may, on the grounds of race, color, or national origin, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 2. SECTION log OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The A/E will comply with the following provision: "No person in the United States may on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped ilidividual as provided in Section 504 of the Rehabilitation Act of 1 973 will also apply to any such program or activity." 3. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. The A/E will ensure that to the greatest extent feasible, opportunities for training and employment arising in connection with this federally- assisted project will be extended to lower income project area residents. Further, A/E will, to the greatest extent feasible, utilize business concerns located in or substantially - owned by residents of the project area, in the award of contracts and purchase of services and supplies. 4. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246, A/E will take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, A/E will document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the Owner upon request. 5. NONDISCRIMINATION. A/E will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap or national origin. H. ELIGIBILITY. A/E certifies that the A /E's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension ". (INTENTIONALLY LEFT BLANK) Page 7 of 8 AIE Agreement City /W.R Toole Engineers, Inc. This Agreement is entered into as of the day and year first written above. ATTEST: SEAL L Bonner Clerk of Commission AUGUSTA, GEORGIA Owner BY: David S. Copenhaver As its Mayor (Witness ATTEST: SEAL L!'4 Approved as to form by: Frederick L. Russell City Administrator Chester A. Wheeler, III Director AHCDD A Andrew G. W - AeiVe General Counsel Page 8 of 8 AIE Agreement City /W.R. Toole Engineers, Inc. APPENDIX A "ARCHITECT /ENGINEER'S RESPONSIBILITIES" FOR FACADE REHABILITATION GRANT PROGRAM — CENTRAL BUSINESS DISTRICT As the Augusta Housing and Community Development (AHCD) staff receives applications, staff will process the applications and determine if projects meet the eligibility requirements of the Fagade Program. If the project meets the criteria of the program, the Director will approve the application. The Property Owner will be notified and required to enter into an agreement for the fagade grant. Upon execution of the fagade documents by the Property Owner, AHCD will schedule an initial meeting with the A/E at the project site. The purpose of this initial meeting is to acquaint A/E with the project, scope of work and Property Owner. A/E examines the project, makes an assessment of the work to be performed and take photos. Based on the A /E's understanding of the project, A/E will submit to AHCD a fee proposal for design and construction administration of the project. AHCD Director will review and determine if the fee proposal is acceptable. If acceptable, a Task Work Order will be issued to A /E, along with a Notice to Proceed. 4. AHCD staff will schedule a second meeting with A/E and Property Owner. The purpose of this meeting is to discuss the scope of work in more detail and ensure all parties have a full understanding of the project, discuss the timeline for design of plans, environmental requirements and the procurement process. 5. A/E will proceed with the design of the preliminary plans. Once completed, A/E will submit one (1) set of Preliminary Plans and Specifications to AHCD inspector for review and comments. 6. After AHCD inspector's review, plans /specification will be returned to A /E. 7. A meeting will be scheduled and held with A /E, Property Owner and AHCD staff. The purpose of the meeting is to review and discuss the preliminary design of the project with the Property Owner. A/E will provide AHCD with one (1) set of preliminary plans and specifications at this meeting. If there are changes, the changes will be incorporated into the plans. In either case, A/E will provide AHCD with four (4) copies of the preliminary plans and specifications which will be distributed as follows: • 1 set AHCD Project Coordinator • 1 set AHCD Inspector • 1 set AHCD Environmental Coordinator • 1 set Property Owner AHCD will obtain Property Owner's acceptance of the preliminary plans and specifications. Page 1 of 3 AIE Agreement City1W.K Toole Engineers, Inc. 8. If the property is listed on Historic Register or located in a historic district, AHCD staff will submit a Certificate of Appropriateness application to the local Historic Preservation Committee (HPC). The project will be added to the HPC agenda for review. 9. A/E will be notified of the date and time and requested to attend the local HPC meeting. 10. Concurrently, AHCD's Environmental Coordinator will perform the environmental and submit plans and specifications to the State Historic Preservation Office (SHPO) for their 3o -day review. 11. If comments are received from the local HPC and SHPO, they will be submitted to A /E, revisions, if any, and incorporated into the Final Plans and Specifications. 12. A/E will provide AHCD with two (2) sets of the Final Plans and Specifications to AHCD. Another meeting is scheduled with the Property Owner, A/E and AHCD to finalize discussion of the final plans. AHCD will obtain Property Owner's acceptance of the plans and authorization to proceed with bidding of project. 13. AHCD download appropriate wage decisions and compiles contract documents for submittal to the Procurement Department. Procurement schedules the dates for advertisement, mandatory pre -bid meeting and bid opening date. AHCD will notify A/E of all dates. 14. A/E will attend pre -bid meeting at project site and the bid opening at the Procurement Department. 15. Bid opening is held at Procurement Department. Bids are read by Procurement staff and retained by Procurement for further review. Procurement transmits all compliant bids to AHCD. 16. AHCD transmits all compliant bids to A/E for further review. A/E submits their recommendation to AHCD. AHCD checks the Contract Debarment List and sends the Procurement Department AHCD's recommendation of contractor award. 17. Procurement Department transmits to Contractor blank forms to be completed: 1) Non - Collusion Affidavit of Subcontractor, 2) Subcontractor Affidavit, 3) LSB Subcontractor /Supplier Utilization Plan and 4) Good Faith Efforts Subcontractor & Supplier Contact form. Once Contractor returns completed documents to Procurement, Procurement staff sends an award to Contractor with notification to AHCD. 18. AHCD transmits contract documents, etc. to Contractor. Contractor has ten (10) days to execute contract, obtain insurance, performance /payment bonds, and subcontractor agreements, etc. 19. Once Contractor returns all executed documents, AHCD obtains Mayor, City Administrator and City Attorney's signatures. 20. AHCD compiles construction documents including Notice to Proceed, and schedules preconstruction meeting. Page 2 of 3 AIE Agreement CiryWW.R. Toole Engineers, Inc. 21. A /E, Contractor, Subcontractors, Property Owner and AHCD meet for the Preconstruction meeting. A/E and AHCD conducts meeting. 22. Notice to Proceed is executed by Contractor, and contract documents are issued to: Contractor, Property Owner, A/E and AHCD retains one copy. 23. A /E, AHCD's inspector and AHCD Compliance staff monitor construction until completion. 24. A/E and AHCD's inspector reviews and approves all draws. 24. Upon project completion, A/E obtains all warranties and close -out documents from Contractor and submits to AHCD. FOR FACADE REHABILITATION GRANT PROGRAM - CENTRAL CITY REVITALIZATION DISTRICT 1. Process and A/E responsibilities are similar to process for CBD, except property may not be located in a Historic District. FOR PUBLIC FACILITYPROJECTS The process and responsibilities for public facility projects are similar to Fagade projects. Page 3 of 3 APPENDIX B "SCHEDULE OF RATES AND CHARGES" - -tudio 3 Design Group, P.C. 1617 Walton Way Augusta, Georgia 30904 (706) 667 -9784 ARCHITECT'S HOURLY RATE SCHEDULE (AS OF SEPTEMBER 2003) Principal Architect/Engineer $110 /hour Registered Arch itect/Engineer: $95 /hour Project Architect/Engineer: $75 /hour Draftsman: $55 /hour Clerical: $35 /hour Standard Reimbursables: (reproductions, postage /handling etc.): 1.25 of Actual Cost Permit Fees: 1.25 of Actual Cost Geotechnical Report: 1.25 of Actual Cost Topographical Survey: 1.25 of Actual Cost APPENDIX B "SCHEDULE OF RATES AND CHARGES" Personnel Charges Principal Principal Engineer Senior Engineer V Senior Project Manager Senior Planner Project Manager Lead Designer IV Engineer III Engineer II Engineer I Engineering Technician/ Construction Inspector Designer CAD (Computer Assisted Drafting) Controller Accounting Clerk Clerical Miscellaneous Charges: Travel Expense: Mileage Lodging, Meals, Etc. Reproductions: Xerox Prints: 24" x 36" Sheet Half -Size Sets Color Plotting: 8 x 11" Sheet 11" x 17" Sheet 24" x 36" Sheet Foam Core Boards: Legal Services: Federal Express: Other Miscellaneous Items: $215.00 Per Hour $160.00 Per Hour $125.00 Per Hour $125.00 Per Hour $115.00 Per Hour $110.00 Per Hour $105.00 Per Hour $ 95.00 Per Hour $ 80.00 Per Hour $ 70.00 Per Hour $ 60.00 Per Hour $ 60.00 Per Hour $ 60.00 Per Hour $125.00 Per Hour $ 60.00 Per Hour $ 50.00 Per Hour $0.50 Per Mile Actual Cost Plus 15% $0.75 Per Sheet $0.45 Per Sheet $0.55 Per Sheet $1.50 Per Sheet $24.00 Per Sheet $2.75 Per Square Foot 2.5 Times The Appropriate Fee Actual Cost Plus 15% Actual Cost Plus 15%