HomeMy WebLinkAboutW.R. Toole Engineering and Public Works
Augusta Richmond GA
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DOCUMENT NAME: W, ((. 'T 0 ClLe (rV'Jl N (; 1012-1 ij A j\J ~ 'PV eo Lie W 0 RJ{S:
DOCUMENT TYPE: A 5 (Z~~ P'I ~oVl
YEAR: ~ooL\
BOX NUMBER: ;;2 4-
FILE NUMBER: \ 15 ~ 1
NUMBER OF PAGES: I 0
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CONSULTANT SERVICES AGREEMENT
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BETWEEN
AUGUSTA, GA
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FOR
PAVING VARIOUS ROADS - PHASE VIII
(HAUCHMAN HILL ROAD, WHISNANT
ROAD, AND YOUNGBLOOD DRIVE)
PROJECT NUMBER: 323-04-200823808
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TABLE OF CONTENTS
CONSULTANT SERVICES AGREEMENT
Pa2e
. Introduction
. Design Criteria
. Amount of Contract
1
2
3
. GENERAL CONDITIONS
4
>- Consultant Coordination
>- Coordination with County Historic Preservation Planner
>- Coordination with the Georgia Department of Community Affairs
>- Coordination with Utilities
>- Right to Enter
>- Accuracy of Work
>- Liaison Engineer
>- Delivery of Notices
>- Supervision and Control
>- Covenant Against Contingent Fees
>- Employment of County's Personnel
>- Review of Work
>- Responsibility for Claims and Liability
>- Insurance
>- Compensation
>- Contract Disputes
>- Contract Termination
>- Personnel
>- Confidentiality
· SIGNATURE PAGE
10
. SCOPE OF SERVICES
11
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CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
AND
W.R. TOOLE ENGINEERING, INC.
This Agreement is made and entered into this 10th day of December, 2004, by and between
Augusta, Georgia, hereinafter called the "City" and "Consultant", 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 Paving Various Roads - Phase VIII on Haughman Hill
Road, Whisnant Road, and Youngblood Drive. The services
will address horizontal and vertical alignment issues as well as
drainage concerns.
Whereas, the Consultant has represented to the City that it is experienced and qualified to
provide the services contained herein and the City has relied upon such representation.
Now, therefore, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between the City and the Consultant that the Consultant shall provide the design
services ofthe Project (see Scope of Services).
Augusta Public Works
& Engineering Department
Engineering Consultant Services Agreement
March 2003
2
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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 Bridge~, 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 City all available data and information pertinent to the
performance of the services for the Project. The City shall have the final decision as to what data
and information is pertinent
The Consultant shall ensure 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 City.
The Consultant shall visit and become familiar with the Project site and shall become acquainted
with local conditions involved in carrying out this Agreement. The Consultant may request that
a representative ofthe City be present during the site visit.
The Consultant shall recommend and secure the City's written approval of, the manner of project
plans presentation and the methods to be used in the plan preparation so that these plans can be
best utilized, as determined by the Consultant and approved by the City, in the orderly
preparation of the detailed construction contract plans, specifications, and contracts. The
Augusta PW &E Plans Preparation Guidelines, current edition, shall be utilized in the production
of plans for the project. Upon receipt of the City's written approval of the manner of the project
plan presentation and methods, of plan preparation, the Consultant shall proceed with
implementation of plan preparation.
Augusta Public Works
& Engineering Department
Engineering Consultant Services Agreement
March 2003r
:1
AMOUNT OF CONTRACT
It is agreed that the compensation hereinafter specified to perform the services (see Scope of
Services) required by this Agreement includes both direct and indirect costs chargeable to the
project, as further defined in Appendix D.
Augusta Public Works and Engineering
Engineering Services:
$ 59.303.00
Total
$ 59,303.00
Augusta Public Works
& Engineering Department
Engineering Consultant Services Agreement
March 2003
4
GENERAL CONDITIONS
CONSULTANT COORDINATION
The Consultant shall cooperate fully with the Georgia Department of Transportation, Federal
Highway Administration, consultants on adjacent projects, consultants for final bridge plans,
municipalities and local government officials, utility companies, railroads, and others, as may be
directed by the City. Such cooperation shall include attendance at meetings, discussions, and
hearings, as may be requested by the City, furnishing plans and other data produced in the course
of work on the Project, as may be requested from time to time by the City to effect such
cooperation and compliance with all directives issued by the City in accordance with this
agreement.
It is understood and agreed that the Georgia Department of Transportation and Federal Highway
Administration may have access to the work and be furnished information as directed by the
City.
COORDINATION 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 clo 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 City.
COORDINATION WITH UTILITIES
Where privately, publicly or cooperatively owned utility companies will require rearrangements
in connection with the proposed construction, the Consultant shall furnish prints or reproducible
for the utility owners as directed by the City and check the utilities' submitted plans for
avoidance of conflicts with the road construction details or with the facilities of other utilities.
This may require numerous submittals to the utility companies. The Consultant shall also submit
a final set of construction plans to all utilities. The Consultant shall make no conunitrnents with
the utilities which are binding upon the City.
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
& Engineering Department
Engineering Consultant Services Agreement
March 2003
.)
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RIGHT TO ENTER
The Consultant shall notify all property owners or occupants of the intent to enter properties for
the purpose of accomplishing surveys or other field investigations in accordance with the
practices of the City. The Consultant shall discuss with and receive approval from the Augusta
Public Works and Engineering prior to sending said notices of intent to enter private property.
Upon request by the Consultant, the City will provide the necessary documents identifying the
Consultant as being in the employ of the City for the purpose described in the Agreement. If the
property owner or occupant denies the Consultant permission to enter, such incident will be
reported to the City and the City will initiate such action as is dictated by current policy and
procedure.
ACCURACY OF WORK
The Consultant shall be responsible for the accuracy of the work and shall promptly correct its
errors and oniissions without additional compensation.
Acceptance of the work by the City will not relieve the Consultant of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
At any time during the construction of the improvement provided for by the plans or during any
phase of work performed by others based on data secured by the Consultant under the
Agreement, the Consultant shall confer with the City for the purpose of interpreting the
information obtained and to correct any errors or omissions made by it. The Consultant shall
prepare any plans or data required by the City to correct its errors or omissions. The- above
consultation, clarification, or correction shall be made without added compensation to the
Consultant. The Consultant shall give immediate attention to these changes so there will be a
minimum of delay to others.
PRE-CONSTRUCTION ENGINEER
The Pre-Construction Engineer or his duly appointed representative(s) shall act as the Liaison
Engineer between the Consultant and the City and all utilities, and authorities or governments
whose properties will be 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 City for review of the work or submit in writing a project
status update on a monthly basis or as determined by the City.
Augusta Public Works
& Engineering Department
Engineering Consultant Services Agreement
March 2003
(i
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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 t4e PW&E Pre-Construction Engineer shall be copied on all
correspondence including documented phone conversations and minutes of meetings. 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 City
under this Agreement shall be delivered to the City's office, 1815 Marvin Griffin Road, Augusta,
Georgia 30906, Attention: Pre-Construction Engineer, or at such other place or places as may be
subsequently designated by written notice to the Consultant. All written notices, demands, and
other papers or documents to be delivered to the Consultant under this Agreement shall be
directed to or at such a place or places subsequently to be designated in writing by the Consultant
to the City. A copy of the proposed project schedule is attached hereto as Exhibit "B".
SUPERVISION AND CONTROL
The Consultant shall perform the services required to accomplish the work plan as stated above
under such control and supervision by the City, as the City may deem appropriate.
COVENANT AGAINST CONTINGENT FEES
The Consultant shall comply with the relevant requirements of all Federal, State, County, or
loca11aws. 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 City 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 City has incurred considerable expense for advertising, recruiting, evaluating, training and
retaining its employees. As such, Consultant hereby agrees that it will not directly or indirectly,
solicit or hire any employee of the City, or induce any employee to terminate his employment
with the City during the terms of this agreement, nor for a period of one year following the end
of said term. Consultant may not hire, employ, or allow a City employee to provide services
without the prior consent ofthe City, except as provided herein.
Augusta Public Works
& Engineering Department
Engineering Consultant Services Agreement
March 2003
7
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REVIEW OF WORK
Authorized representatives of the City may at all reasonable times review and inspect the project
activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computations prepared by or for the
Consultant, shall be available to authorized representatives of the City for inspection and review
at all reasonable times in the main offices of the City. Acceptance shall not relieve the
Consultant of its professional obligation to correct, at its expense, any of its errors in work. The
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 City's request in this regard. The City's review
recommendations shall be incorporated into the plans by the Consultant.
RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant shall be responsible for any 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 subcontractors, or its agents 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.
INSURANCE
Prior to beginning work, the Consultant shall obtain and furnish certificates to the City 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. Professional Liability Insurance in an amount that correlates to the amount of this
agreement and nature ofthe project.
Augusta Public Warks
& Engineering Department
Engineering Consultant Services Agreement
March 2003
R
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COMPENSATION
The City shall compensate the Consultant for services which have been authorized by the City
under the terms of this Agreement.
The Consultant may submit to the City a monthly invoice, in a form acceptable to the City and
accompanied by all support documentation requested by the City, for payment for the services
which were completed during the billing period. The. City shall review said invoices for
approval. 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 stage of completion of each phase. The City shall pay
each such invoice or portion thereof as approved, provided that the approval or payment of any
such invoice shall not be considered to be evidence of performance by the Consultant to the point
indicated by such invoice, or of receipt of acceptance by the City of the services covered by such
invoice. The City shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems which have been encountered which may inhibit
execution of the work. The Consultant shall also submit an accurate updated schedule, and an
itemized description ofthe percentage of total work completed for each phase during the billing
period.
Compensation for design services for the Augusta Public Works and Engineering Department
shall be a lump sum for each phase or item of work authorized by the City. The Consultant shall
invoice based on the percentage of the work completed during the billing period. Upon
completion by the Consultant of each phase of the work and approval thereof by the City, the
City will pay the Consultant a sum equal to one hundred percent (100%) of the compensation set
forth herein, less the total of all previous partial payments, paid or in the process of payment
except as otherwise stated below for Water and Sewer design services.
Compensation for design services for the Augusta Utilities shall be invoiced based on the sum of
all actual costs incurred in the performance of the work, including all direct, payroll, overhead,
and profit costs in an amount not-to-exceed the compensation set forth herein for the Water and
Sewer Plans Phase.
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Augusta, Georgia, and all questions of
interpretation and construction shall be governed by the Laws of the State of Georgia.
All claims, disputes and other matters in question between the Owner and the Consultant arising
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 venue in Augusta and waives any right to contest the venue in the Superior Court of
Richmond County, Georgia.
Augusta Public Works
& Engineering Department
Engineering Consultant Services Agreement
March 2003
C)
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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 City at the Close of the calendar year in which this Agreement is
executed anq 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 City 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 City. This Agreement shall obligate the City solely for those
sums payable during the initial term of execution or in the event of renewal by the City for those
sums payable in such individual renewal terms.
Notwithstanding the foregoing language, the Consultant agrees to continuously render the
professional services specified by the Agreement to the City for such terms or renewal terms as
are effective pursuant to this Agreement and for which the City agrees to pay in accordance with
the terms of the Agreement or any future amendments thereto.
The City may terminate this contract in part or in whole upon written notice to the Consultant.
The Consultant shall be paid for any validated services under this Contract up to the time of
termination.
PERSONNEL
The Consultant represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this agreement, none of whom shall be employees of, or have any
contractual relationship with, the City. Primary liaison with the City will be through its
designee. If the project includes AU work, the Consultant shall identify, in writing, a
waterlsewer 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 "c" 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.
The Consultant shall endorse all reports, contract plans, and survey data. Such endorsements
shall be made by a person duly registered in the appropriate category by the Georgia State Board
of Registration for Professional Engineers and Land Surveyors, being in the full employ of the
Consultant and responsible for the work prescribed by this agreement.
Augusta Public Works Engineering Consultant Services Agreement
& Engineering Department March 2003
10
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CONFIDENTIALITY
The Consultant agrees that its conclusions and any reports are for the confidential information of
the City 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 City, and will only discuss the same with it
or its authorized representatives. Upon completion of this agreement term, all documents,
reports, maps, data and studies prepared by the Consultant pursuant thereto shall become the
property ofthe City 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 [mdings of the work conducted under this agreement shall not be presented publicly
or published without prior written approval in writing by the City.
It is further agreed that if any information concerning the project, its conduct, results, or data
gathered or processed should be released by the Consultant without prior approval from the City,
the release of same shall constitute grounds for termination of this agreement without indemnity
to the Consultant, but should any such information be released by the City or by the Consultant
with such prior written approval, the same shall be regarded as public information and no longer
subject to the restrictions of this agreement.
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written
below.
Executed on behalf of Consultant.
RECOMMEND FOR APPROVAL:
_Lu7.-Wo fYlBflQQ6 ~c.
Consultant Finn
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CITY OF AUGUSTA, GEORGIA
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Approved: Date
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Title:
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Engineering Consultant Services Agreement
March 2003
11
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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
The Paving Various Roads - Phase VIII on Haughman Hill
Road, Whisnant Road, and Youngblood Drive. The services
will address horizontal and vertical alignment issues as well as
drainage concerns.
Services shall be provided in accordance with the Scope of Services for each phase of the work
with the following specific items of clarification:
Augusta Public Works
& Engineering Department
Engineering Consultant Services Agreement
March 2003
12
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W R Toole Engineers, Inc.
Engineers · Consultants . Surveyors . Planners
October 27, 2004
Augusta-Ric;hmond County Public Works & Engineering
1815 Marvin Griffin Road
Augusta, Georgia 30906
ATTN: Mr. Abie Ladson, P.E.
SUBJECT: Richmond County Unimproved Road Paving Project
TE Proposal No. P04-139
Mr. Ladson:
W. R. Toole Engineers, Inc. appreciates this opportunity to propose our surveying and
engineering services for paving of various unimproved roads in Richmond County. The Phase I
portion of the Unimproved Road Paving Project includes:
· Youngblood Drive
· Hauchman Hill Road, and
· Whisnant Drive
The proposed Unimproved Road Paving Project is designed to provide asphalt paving travel
surfaces on the subject roads. Based on our conversations regarding the proposed project, the
following design guidelines and parameters were used to develop this proposal:
1. All improved roadway areas will be constructed within a 50-foot right-of-way,
2. Roadways will be designed with a typical cross-section indicating two (2) 1 I-foot
wide lanes, minimum shoulders, and minimum ditch sections.
3. A design speed ofless than 20 mph will be utilized.
4. Roadways will be constructed in a rural design with ditch sections.
5. Minimum shoulder widths will be established to avoid impact on adjacent
properties,
6, Roadway design will not be accomplished according to Augusta-Richmond
County Public Works & Engineering specifications or Georgia D~ment of
Transportation specifications,
7. Soil and erosion control plans and NPDES requirements must be met.
8. Rational method will be utilized to determine general flows for design of ditch
sections.
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Richmond County Unimproved Road Paving Project
TE Proposal No, P04-/39
October 27, 2004
Page 2 0]3-
Specific requirements as noted during field visit to the project areas are as follows:
Hauchman Hill Road:
· Relocate road to avoid existing house structure
· Existing underground utilities will require relocation
· Chain link fencing will be required on the north right-of-way line of the rear property
owner
· Stormwater runoff from ditch sections will be controlled through rip-rap; no detention
basin will be constructed
Whisnant Road:
· Two (2) options for the entrance from Deans Bridge Road will be considered
a. Improvement of existing dirt road section
b. Realignment to improve roadway geometry and avoid adjacent property owners
· Detention pond design may be required to release water into the Georgia Department of
Transportation right-of-way along Deans Bridge Road (US. Highway No.1),
· Intersection plans for roadway access to Deans Bridge Road will be required by the
Georgia Department of Transportation
Y ouneblood Drive:
· Relocate and realign entrance to avoid existing cedar trees on Liberty Church Road
· Design will require hydrology and hydraulic analysis to evaluate existing culverts.
· Engineering services do not include environmental permits for impacts to wetlands
Based on the services anticipated to accomplish preparation of construction documents as noted
above, the following schedule of fees is provided:
Hauchman Hill Road:
Surveying
Engineering
$ 3,480.00
$ 8,640,00
Whisnant Road:
Surveying
Engineering
$ 9,540.00
$13,750.00
Youngblood Drive:
Surveying
Engineering
$ 6,043.00
$17,850.00
TOTAL SURVEYING FEES
TOTAL ENGINEERING FEES
$19,063.00
$40,240.00
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Richmond County Unimproved Road Paving Projecl
TE Proposal No. P04-139
October 27, 2004
Page3 oj3
Surveying services associated with Whisnant Drive include the field topographical survey of the
existing road as well as a proposed new alignment to compare alternatives. Existing property
owner considerations were discussed based on field observations, resulting in the
recommendation to evaluate alternative alignment for the first section of Whisnant Road.
Again, W. R. Toole Engineers, Inc. appreciates this opportunity to propose our services to you
and look forward to working with you on this project. Should you have any questions regarding
the information contained in this proposal, please do not hesitate to contact us.
Very truly yours,
;/R(1;EN~~
W~ R. Toole, f:~
Vice President
WRT;bs