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HomeMy WebLinkAboutW R TOOLE ENGINEERS INC BELAIR HILLS SUBDIVISION ST ATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULTANT: W. R. Toole Engineers, Inc. PROJECT: Belair Hills Subdivision Water Systems Improvement (#10170) DATE EXECUTED: DATE COMPLETED: \ ---~---------- ------------- 10F1 REVISION DATE: June 2006 ST ATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this 2nd day of May , 2006 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter 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 experienced consulting firm to furnish professional services for: The Belair Hills Subdivision Water Systems Improvement proiect consists of approximately 5,000 LF - 12-inch ductile iron water main improvements in Augusta. Georgia. The proiect will provide water to the proposed elevated tank in the Belair Hills Subdivision. (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 CONSULT ANT that: 20F2 REVISION DATE: June 2006 GENERAL PROVISIONS CONSULTANT has agreed, in this 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 - Scope of Services and other relevant data defining the Project. CONSULT ANT 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. CONSULTANT 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 CONSULTANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts 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 3 REVISION DATE: June 2006 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 CONSULTANT on behalf of the CITY under this Agreement. However, CONSULT ANT will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULTANT'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 CONSULT ANT 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. 40F4 REVISION DATE: June 2006 DEFINITIONS Wherever used in this Agreement, whether in the smgular 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. Program Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison between the CITY and the CONSULT ANT 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 tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - 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 CONSULT ANT under this Agreement. 50F5 REVISION DATE: June 2006 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the" Agreement"). 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 6 REVISION DATE: June 2006 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 Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT'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 CONSULT ANT'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 CONSULT ANT 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 CONSULT ANT and responsible for the work prescribed by this Agreement. 70F7 REVISION DATE: June 2006 5. ACCURACY OF WORK The CONSULT ANT 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 CONSULTANT 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 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 approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT 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 cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. TURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULT ANT 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 CONSULT ANT 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. 80F8 REVISION DATE: June 2006 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULTANT 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 CONSULT ANTS CONSULTANT shall thoroughly 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 CONSULT ANTs 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 CONSULTANT or by CITY employees. 12. COVENANT AGAINST CONTINGENT FEES The CONSULT ANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding fora 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 CONSULT ANT 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. 90F9 REVISION DATE: June 2006 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 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 CONSULTANT in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker'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 amount 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 CONSULT ANT'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' 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 10 OF 10 REVISION DATE: June 2006 15.1 Conflict of Interest: The CONSULTANT 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. 15.3 Employment of CITY'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 the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT 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 CONSULTANT 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 CONSULT ANT 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 CONSULT ANT will cause the foregoing provisions to be inserted 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 CONSULTANT 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. 11 OF 11 REVISION DATE: June 2006 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 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 CONSULT ANT 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 CONSULTANT 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 CONSULT ANT against all claims arising out of such use of documents and materials without the CONSULT ANT'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 CONSULTANT 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. 12 OF 12 REVISION DATE: June 2006 24. INDEPENDENT CONTRACTOR The CONSULTANT 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 CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 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 AUGUST A, GEORGIA 530 Greene Street Augusta, GA 30911 CONSULT ANT: W. R. TOOLE ENGINEERS, INC. 349 Greene Street Augusta, GA 30901 Copy to: DIRECTOR AUGUST A UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 PROGRAM MANAGER: AUGUSTA PROGRAM MANAGER CH2M HILL, INC. 360 Bay Street, Suite 100 Augusta, GA 30901 13 OF 13 REVISION DATE: June 2006 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: AUGUST A, GEORGIA (CITY) }fJfBy' cJ cU ,~ 1It PRINTED NAME: 'P.Jt~'O ~ ' 0 ,~~k~f1je,)...,- AS ITS: MAYOR ::' ttriiJtJI16 Copy To: DIRECTOR AUGUST A UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 14 OF 14 CONSULTANT: BY: AS ITS: President ATTEST: P:C~~~~E AS ITS: Engineering Deparhnent Manager DATE: August 18, 2006 , REVISION DATE: June 2006 CONSULTANT'S RESPONSIBILITIES CONSULTANT / in order to determine the requirements of the Project, shall review the information in Attachment A - Scope of Services. CONSULT ANT 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. PROTECT 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 CONSULT ANTIS 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 CONSULT ANT to submit progress reports and/ or plans shall be cause to withhold payment to the CONSULT ANT until the CONSULT ANT complies with the CITY's request in the regard. The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT. CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 - Insurance. 15 OF 15 REVISION DATE: June 2006 CITY'S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CONSULTANT 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 CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the CONSULT ANT 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 CONSULTANT's Services, or of any defect in the work of CONSULT ANT 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. 160F 16 REVISION DATE: June 2006 BELAIR HILLS WATER MAIN IMPROVEMENTS - PROJECT SCOPE AND ISSUES A proposal for new twelve-inch (12 '') diameter water main improvements along Carolyn Street in the Belair Hills Subdivision. Revised: March 17, 2006 Project Scope / Limits: An elevated storage tank is proposed on property adjacent to Carolyn Street near the intersection of Saybrook Drive in the Belair Hills Subdivision. Design work associated with the proposed water tank is outside of the scope of this project and is not included in this proposal. The scope of this project is the design of a 12-inch diameter water main to supply the proposed elevated tan1e The proposed 12-inch diameter main will be installed along Carolyn Street and will extend from the existing 12-inch diameter water main along Flagler Road to the proposed elevated storage tank. The new 12-inch diameter water main will replace the existing 8-inch diameter water main along Carolyn Street. The new main will also provide water distribution to Carolyn Street residences. The length of water main improvements along Carolyn Street is 3, I OO-feet. Additional system improvements include a "connector" water main that will tie the Belair Road elevated tank to the proposed tank: along Carolyn Street. The length of the "connector" water main is 1,900-feet. A schematic is attached with this proposal for review. Pipe Size and Material: · 12-inch diameter* Ductile Iron Pipe (DIP) water main L *Please note that the pipe diameter noted is as provided by ADD. Verification of the system's hydraulic capacity is not included in this proposal. Deshw Issues: 1. Coordinate tie-in location with Augusta Utilities Department (ADD) to determine boring or open road cut/patch requirements. 2. Coordinate location of elevated storage tank along Carolyn Street. 3. Coordinate proposed water distribution improvements with the proposed sanitary sewer and road / drainage improvements that are proposed in the Belair Hills Subdivision (ADD Project #50130 - Butler Creek Belair Hills Subdivision Sanitary Sewer Collection System and APW Project #324-04-203824335 - Belair Hills Road & Drainage Improvement). As per ADD on February 14, 2006, WRTE understands that the proposed water main improvement design plans are to be prepared as a 'stand-alone' set of plans. 4. Utility and/or temporary construction easements could potentially impact 7 parcels along Carolyn Street and 13 in the Tower Pines Subdivision. WRTE understands that the property acquisition associated with the proposed elevated storage tank is complete and will not be an issue for this project. Deliverables: In order to expedite the submittal process, WRTE proposes the following submittal process, in lieu of the standard '30-60-90' process: · Conceptual Alignment Phase - Two copies of plan sheets illustrating the proposed alignment. Additional tasks / deliverables will include: a WRTE will provide AUD with a schematic alignment of the "connector" main using GIS maps of the area for conceptual approval prior to performing surveying servIces. a Surveyed basemap of the "connector" water main route. a Preliminary opinion of probable construction cost. · Final (100%) Plans - Final plans will be completed and delivered based on the review and comment of all agencies. WRTE will provide AUD with five final, complete sets of plans after receiving approval from all review agencies. Additional tasks / deliverables will include: o Final opinion of probable construction cost. a Five copies of Contract Documents & Technical Specifications a Easement Maps as necessary a WRTE will provide final plans to AED and all applicable private utility companies for review. · Record Drawings - WRTE will prepare record drawings using the Contractor prepared red-line plans. WRTE understands that the record drawing will illustrate any deviations from design plans, e.g. fire hydrant / valve relocation, etc as well as any relevant field information noted on the plans. WRTE proposes to provide two sets of record drawings and one digital CD of the drawing file in AutoCad 2004 format. Please note that a field surveyed as-built is not included in the scope of this deliverable. Anticiuated Permits: No additional permits are anticipated for the Carolyn Street water main improvements. Summary of Anticiuated Services and Specific Tasks: The following services are anticipated and specific tasks/meetings are noted: Conceptual Alhmment Phase · Submit Conceptual Alignment drawings illustrating routes and potential conflicts. A preliminary opinion of probable construction cost will be included. · Initiate and maintain communication with utility companies. Final (100%) Plan Phase · Prepare 100% Final Plans and construction cost estimates. · Prepare Contract Documents & Technical Specifications. · Prepare easement maps, as necessary. · Attend mandatory Pre-Bid Meeting. · Perform periodic construction inspection as requested by AUD. Record Drawin2s · Prepare Record Drawings using provided Contractor red-line plans. Additional Proiect Notes: · WRTE will coordinate the design of the 12-inch diameter water main improvements along Carolyn Street with the road and drainage improvements proposed for that area (APW Project #324-04-203824335). The road and drainage improvements for Carolyn Street propose extensive earthwork in order to establish final road grade. The alignment of the proposed water main will be coordinated with the proposed road and drainage improvements along Carolyn Street. · Surveying services will be limited to the proposed route for the "connector" water main between the Carolyn Street elevated tank and the Belair Road elevated tank. As previously noted, WRTE will provide AUD with a schematic alignment of the "connector" main using GIS maps of the area for conceptual approval prior to performing surveying services. · Construction Surveillance Services - WRTE will provide periodic construction surveillance for the duration of the construction project. This will include attending pre- construction meetings, answering construction related questions and performing site visits during the life of the project as requested by ADD. The inspections are not intended to insure compliance of all work with plans and specifications but to provide general oversight of the project and notify AUD of potential issues/concerns. Additionally, WRTE understands that no pay request review, quantity verification or full-time inspection services are included in this proposal. · Additional permitting activities are not anticipated. WRTE understands that AUD will prepare the NOI as necessary. Should additional permitting become necessary, WRTE understands that the subsequent fees will be paid directly by AUD. · No soil testing or analysis is included in this proposal. If these services are required, WRTE will proyide them through a separate proposal. Anticipated Project Schedule: WRTE will initiate professional services for this project within one week of an AUD notice to proceed. An approximate project schedule is shown below. The schedule illustrates the approximate number of weeks that will be required to complete the engineering services and provide AUD with the defined deliverable. A more definitive project schedule will be established at the inception of the project. CONCEPTUAL ALIGNMENT PHASE (Weeks) 4 FINAL ENGINEERING (Weeks) TOTAL (Weeks) 4 8 Please note that this schedule reflects an estimate of WRTE time and does not include any review time for AUD. Record drawings will be provided to AUD within two weeks of receiving the Contractor's red-line plans. Professional Fees: WRTE proposes to complete the tasks noted above and provide AUD with the noted deliverables based on the following fee schedule: ~ CONCEPTUAL ALIGNMENT PHASE: $7,190 ~ FINAL ENGINEERING PHASE: $12,850 ~ RECORD DRAWINGS: $2,570 WR TE understands that sections of temporary construction easement have been acquired by Augusta, Georgia for the AED Project #324-04-203824335. WRTE understands that the proposed improvements will be installed just inside the existing Carolyn Street R/W. Therefore, additional permanent easement should not be required. Additionally, the previously acquired temporary construction easement could be utilized if the water main improvements are completed simultaneously with the Carolyn Street road improvements, thus eliminating the need for additional easement acquisition. WRTE anticipates that the connector main will be installed in existing utility easement. Temporary construction easement may be required based on actual field conditions and required construction activities. WRTE will provide easement maps for a unit fee of $500 per map. A preliminary opinion of probable construction cost has been prepared for comparison purposes and is attached for A UD review. ATTACHMENT B - 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 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 CONSULT ANT 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 the terms of the Agreement or 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 18 REVISION DATE: June 2006 ATTACHMENT C - LISTING OF KEY PERSONNEL CONSULTANT 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 P. Hammarlund, PE Program Manager William T. Dunaway, PE Project Manager/Senior Engineer Robert Baisden, PE Project Manager / Senior Engineer Chad Sweeney, EIT Staff Engineer Victor Conover, BIT Staff Engineer Scott Kahler, EIT Staff Engineer William R. Toole, PE, AICP Quality Control Manager Toole Surveying Co./ Inc. Surveying / Basemapping 19 OF 19 REVISION DATE: June 2006 5~ - f- ----~.- -------_.__._~- ~ f- ....'" o Q) C OLl. "'J- - " 5~ - f- -- ~ <> ~ ~ .~ f- . ..r ~ CO " 8~ "'f- ..... - I ... <> 50 co co~E 0; ... I .---. 80{ "'f- . co;_ 5~ Q) c: ~ tl " '" Q) ~ '" ~ l- f- 1ii i co ~ E 8~ ~ ~f- w w 5~ [ [ ... ... ~ ~ f- co", .S' 8.t "'" "'f- ll.. .:" ... = 5~ ~ a ~ ~ ~ ~ \0 \0 ~ 10 10 10 10 10 10 10 !'2 !'2 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N 00 '" E Q ~ ~ 0; ~ ~ ...... ~ N ~ => "'" 0\ ~ ':: ~ ~ r CJl Q., J: 0- - ~ ::s - ...... ...... ...... - 'C &l a ::s ::s 'C ...... ...... ...... ...... E ~~ ~ ~ ... ., 'e ... ~ .e- .... ~ ~ ~ l:: "" ~ => ~ a ~ ~ CJl a. g, ~ ... a. '" ... 00 -. "'" 10 10 10 i \0 ~ 10 10 10 10 \0 8 ~ ~ ~ ~ ~ !'2 ~ ~ ~ ~ ~ r::: e'l ~ ~ .,., "" c ~ ~ ~ ~ t:~ ':: 'C 0; 0-. ~ ~ ~ ~ '" i;J~ 00 ~ ... c c 0\ C ...... ...... - - 5 ~ ~ 0 0 l:: ...... ...... ...... ~ c ~ . ~ ~ 0 == ~ ~ ~ l:: l:: l:: ~ .!::: ~ ~ ~ oS '" '" ~ '" ~ '" '" 6' '" ~ ~ ~ ~ '" .8 =:I 6 6' 6' 6' 6' 6' 6' .f3 '" Q) "'~ ~ ~ - ~ ~ ~ ~ - '" ~ et-.. S ~ ...... 0 '" e? t-.. '" C C '" - ~ 8...... ...... '" '" .9! , a. ~ '" I ... ~ Q., 00 I '0 = ~ '" '" ~ = ~ ~ il: b() ~ :: .... l:: Q ... ~ .~ <::l "" ~ '" .~ E ~ .c <::l "" ll.. ~ E <::l ~ '" '5 E ti'l .... - "" '" ... .. = E ~ ~ I '" l:: t; ~ ,.Q '" ~ ..S! = '" ... l:: - <::l a ~ 00 l- e ~ '" is:: cq ~ = a ] OJ) ... ~ 1i 1i .~ OJ) oCl 1:1I -..: .5 '" l:: ~ ,g ~ '" ~ t- t- d) .c <::l l:: l:: a = & ~ ~ is:: ., <::l <::l ., ll.. b() ., .S: OJ l:: l:: g ~ '" l:: ~ ~ ~ 1 ~ '" ] :~ = .~ .;;: Q) = o<l ~ <::l <::l <::l o<l E .... u il: C ~ ~ ~ ~ ~ CD Q., ~ ~ - ~ ~ Cl:: ~ ~ ... ~ J5 ct ct ct .~ ... ~ ., OJ ., OJ "" = .;; = .g .;; = a, '" Q ., ., I ~ U en 0:: ~ en 0:: ~ ~~ "0..... Q)~ 0 1m 1m 1m m m '1m ~~ 'g~ Q - '" <') .... "' co .... co Ol ~ - ~ ~ 'e- fil - 0.0 CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items (CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization To Proceed: IiIIJJ!l- Detailed Scope of Services based upon Schedule A of this Agreement to be submitted , with Cost Proposal clearly defining the CONSULTANT'S understanding of the project IiiIf limits, design objectives and CONSULTANT'S services to be provided. IiI 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. IiI u:t21 Schedule for submittal of review documents at 30%/60%, and 90% completion; and final documents. Prior to submitting 30% review documents: 1iI'1v1J Locate all existing utilities using available information collected by the CONSULTANT. ~ The CITY will furnish available information on water and sewer locations however the uif CONSULTANT must verify to CITY'S satisfaction. IiI 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, commercial, 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 ~. Identification of potential problems in meeting design objectives. IiI Site Plan (If Required) Throug out project: 1iI~ Prepare printed responses to comments received from the CITY following reviews. IiI Provide the necessary plats for easement acquisition and DOT/other permit app cation. IiI Prepare Public Works/DOT/Other permit applications for signature by the CITY. IiI Prepare and submit plans to EPD for review and approval when required. IiI Prepare plans and specifications, using Augusta Utilities Design Standards and Sp ifications (latest version). Specifications must mirror that provided by the CITY. 21 OF 21 REVISION DATE: June 2006 o u:i!l- 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. Upon completion of design: Coordinate with the City Procurement Department to advertise the project. Fax bid information to CITY. Attend the Pre-Bid Meeting as a technical reference to the CITY. Prepare letter of recommendation for award of the contract. Develop conformed contract documents and forward to the CITY for execution. Attend the pre-construction meeting as a technical reference to the CITY. Provide clarification related to the plans/ specifications throughout design and ;:;;r;ction. o Provide record drawings at completion of the project electronically, per the Utilities .~./;r. Standards and Specifications (latest version). o ~ Provide Services During Construction as follows: . Attend project meetings as scheduled by the CITY . Recommend design changes as field conflicts arise (site visits may be required) · Review and approval of pay requests from the construction Contractor (line of communication 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/other agencies. AUGUSyA UTILITIES DEPARTMENT BY: 1'.11I1 ~ PRINTED NAME: N f tv! A ~ II, t:. J!, S ~:N~ ~ PRINTED NAME, WiI1~ R. Toole. P.E., A1CP TITLE: DIRECTOR 8/ /S/{)~ . f TITLE: President DATE: DATE: August18,2006 PROGRAM MANAGER BY: Ze....----. ~~ PRINTED NAME: L~WI2.EJJCE Scbn TITLE: _~e~ t-i.~tJbl'-EJ2. DATE: o/~1/2~~ I I 22 OF 22 REVISION DATE: June 2006 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. 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 CONSULT ANT to protect the safety, health and welfare of the public in the performance of their professional duties. 23 OF 23 REVISION DATE: June 2006 A:CORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID K DATE (MMIDD/YYYY) TOOLE-1 07/26/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Sanfor~, Bruker & Banks, Inc. 931 Broad Street Augusta GA 30901-1291 Phone: 706-724-2452 Fax:706-724-4097 INSURED INSURERS AFFORDING COVERAGE NAIC# W.R. Toole Engineers, Inc. 349 Greene Street Augusta GA 30901 COVERAGES INSURER A: INSURER B: INSURER C: INSURER 0: INSURER E: Zurich Insurance Services NIC Insurance Company American International THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER PD'i1!~TJ~rDEg,w.;E P~k~CEY(~W,b~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1/000,000 - A_ X ~ COMMERCIAL GENERAL LIABILITY PAS42900978 12/22/05 12/22/06 I p~E'M;SES (E~~~~~~nce) $ 50,000 ';iV ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 :~ i, PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 n'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $1,000,000 n PRO. n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000. '-- A ~ ANY AUTO PAS42900978 12/22/05 12/22/06 (Ea accident) ~ ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ , EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000. . -. ~ OCCUR D CLAIMS MADE A PAS42900978 12/22/05 12/22/06 AGGREGATE $2,000/000. .< $ . i":.' R'DEDUCTIBLE $ .... ..... RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I IU.IH- ER C .EMPLOYERS' LIABILITY 7484624 12/22/05 12/22/06 E.L. EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 500,000 .If yes, describe under EL DISEASE. POLICY LIMIT $500,000 SPECIAL PROVISIONS below OTHER B Professional Liab NY05EGR533237NC 11/04/05 11/04/06 Each Occu 1,000,000. Aggregate 1,000,000. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is also additional insured for the General Liability i CERTIFICATE HOLDER CANCELLATION CITY016 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN City of Augusta 530 Greene Street Augusta GA 30911 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ; ''1" ~ ACORD 25 (2001108) @ ACORD CORPORATION 1988