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HomeMy WebLinkAboutSUPPLEMENTAL AGREEMENT #9 WITH ROCHESTER AND ASSOCIATES FOR BELAIR ROAD IMPROVEMENTS AUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 323-041110-201823332 Supplemental Agreement Number: 9 Purchase Order Number: 71248 WHEREAS, We, "Rochester and Associates"Consultant, entered into a contract with Augusta, GA on "February 18, 2003",for engineering design services associated with the"Belair Road Improvements Project", Project No. 323-041110-201823332, File Reference No. 11-014 (A), and WHEREAS, certain revisions to the design requested by Augusta, GA are not covered by the scope of the original contract,we desire to submit the following Supplemental Agreement to-wit: Additional Engineering services to assist with engineering And surveying support during construction It is agreed that as a result of the above described modification the contract amount is increased by 93,100.00 from $448,863.09 to a new total of$541,963.09 Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW,THEREFORE, We, "Rochester and Associates", Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof,and that the original contract is in full force and effect,except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA, GEORGIA net4A/A:�1 JL Mayor, Hardie Davis,Jr. //&/i Approved Date: Approved Date: `2, • I,C%'` Llo [ATTACHED CORPORATE SEAL] Attest: f-Th`--(LA-- l Title: \J l C-e2 (SA02—For changes more than$25,000) September 2010 RQch :ster gvissociates,Inc 425 Oak Street Gainesville, GA 30501 Phone: (770)-718-0600 Fax: (770)-718-0551 www.rochester-assoc.com Proposal Number: 5506 May 17, 2016 Revised June 10, 2016 Dr. Hameed Malik, Ph.D., P.E. Assistant Director Engineer 505 Telfair St. Augusta, Georgia 30901 Re: City of Augusta, Belair Road Drainage Improvement Project Construction Services Support Dear Dr. Malik, Rochester & Associates, Inc. is pleased to submit the following proposal I for professional services for the above referenced project. We are excited about the opportunity to work with you and look forward to starting work. This proposal briefly discusses our understanding of the scope of work and our fees for these services. Location: Belair Road Augusta, Georgia SCOPE OF SERVICES: SERVICES — Rochester & Associate, Inc. (Consultant, shall provide the following Construction Project Management Services for the project referenced above. The objective of this project is for the Consultant to assist the Augusta Engineering Department ('Client") with engineering and surveying support during construction. Specifically, the Consultant will be part of the Clients Construction Administration Team responsible for coordinating submittal reviews and approvals, respond to Request for information (RFI's), Change Order Request (COR's), and related design questions. Consultant will attend two site meetings per month Additionally, Consultant will perform the 7 day Erosion & Sediment Control (E&SP) Inspection, be available for periodic site inspections and attend the final inspection with the Client and contractor. Consultant will assist the Client with survey verification and validation as requested. Augusta Engineering Department Belair Road Drainage Project May 17,2016 Revised June 10, 2016 Page 2 PROJECT UNDERSTANDING The project entails the roadway overlay of approximately 9,000 linear feet of Belair Road. The work will include clearing, grading, storm sewer, asphalt, sidewalk and pedestrian signal modification at the intersection of Jimmie Dyess. 1.0 SCOPE OF SERVICES 1.1. CONSTRUCTION SERVICES 1.1.1 MEETINGS - Consultant will attend the Pre-construction meeting, community meeting, 2 construction meetings per month. As such, we are anticipating attending 28 meetings. Additionally, we will attend site meetings and support the Client as requested. 1.1.2 RFI's and COR's - Consultant will review RFI 's and COR's and prepare a response or the necessary paperwork in accordance with contract requirements. Responses will be submitted to the Client for review and approval. We anticipate about 2 hours per week for a Senior Project Manager for 60 weeks. 1.1.3 NPDES 7 DAY E&S INSPECTION — Upon notification that erosion control features have been installed per the approved construction plans the Consultant will inspect the site and prepare the 7 Day Design Professional submittal. We anticipate 1 day for the site visit and 1 day for the report. 1.1.4 SURVEY SUPPORT - Consultant will provide survey support to Client for performing field verification and validation as requested by the Client. We have budgeted 10 days. 1.2 ADDITIONAL SERVICES 1.2. 1 ADDITONAL ITEMS - If authorized in writing by the Client, the Consultant shall furnish or obtain from other additional sources, such items as: soil testing, rock quantities, flood plain investigations and studies, access drive design and record drawings. Authorized additional work will be invoiced on an hourly basis in accordance with our Schedule of Fee attached hereto. Augusta Engineering Department Belair Road Drainage Project May 17,2016 Revised June 10, 2016 Page 3 COMPENSATION RAI shall be paid the following fees for the services set forth under the Scope of Services. TASK NO. TASK DESCRIPTION FEE TYPE 1.1.1 MEETINGS $51,050.00 Hrly. Est. 1.1.2 RFI'S and COR $20,250.00 Hrly. Est. 1.1.3 NPDES 7 DAY E&S INSPECTION $3,300.00 Hrly. Est. 1.1.4 SURVEY SUPPORT $18,500.00 Hrly. Est. TOTAL ESTIMATED FEES: $93,100.00 Hrly. Est. 1.0 ADDITIONAL SERVICES Work requested outside of this scope of services will be invoiced in accordance with our Hourly Rates see the attached EXHIBIT A. SCHEDULE The anticipated time for the completion of the Belair Road Drainage Improvements is approximately 400+ days from Notice to Proceed. EXCLUSIONS AND BASE TERMS 1. The pricing shown hereon is based on the proposed site improvements as determined by the Owner and detailed in the scope of service listed above. If additional services are involved, our fees may need to be adjusted. 2. The hourly rates shown are subject to change after December 31, 2016 or as described in our Agreement for Engineering Services. 3. No review, permitting, inspection, recording, water meter, sanitary sewer tap or other owner fees are included in this proposal. 4. We will track our estimate time on a percentage of completion against the project budget. If we start to exceed our time and budget we will notify you immediately so we can discuss a budget modification. Augusta Engineering Department Belair Road Drainage Project May 17,2016 Revised June 10, 2016 Page 4 We appreciate the opportunity to assist you with this project. Our Terms and Conditions for Professional Services (Exhibit B) are attached to this letter. The return of this letter along with the completed Proposal Acceptance (Exhibit C) will constitute our Agreement to perform these services and will be considered as our Notice to Proceed. Our proposal is valid for 60 days from the date on page one. If you have any questions, please contact Lee Phillips at 678-450-5126. Sincerely, ROCHESTER&ASSOCIATES,INC. • Lee Phillips Vice President Exhibit A SCHEDULE OF RATES Hourly Rates: Principal 220.00 per hour Project Director 175.00 per hour Director of Development Strategies 175.00 per hour Senior Project Manager 160.00 per hour Senior Surveyor 150.00 per hour Senior Engineer 150.00 per hour Senior Landscape Architect 150.00 per hour Project Manager 150.00 per hour Senior Designer 130.00 per hour Project Surveyor 130.00 per hour Project Engineer 130.00 per hour Project Landscape Architect 130.00 per hour Project Designer 110.00 per hour Staff Surveyor 110.00 per hour Staff Engineer 110.00 per hour Staff Landscape Architect 110.00 per hour Staff Designer 100.00 per hour Four Man Field Crew 190.00 per hour Three Man Field Crew 170.00 per hour Two Man Field Crew 150.00 per hour One Man Field Crew 130.00 per hour One Man Crew (GPS/RTK) 180.00 per hour Two Man Crew(GPS/RTK) 195.00 per hour CADD Technician 100.00 per hour Field Technician 75.00 per hour Clerical 75.00 per hour Hourly rate schedule is subject to adjustment on December 31, 2016. Reimbursable Expenses: All reimbursable expenses, including, but not limited to, mileage, courier, photography, special equipment and materials, plan review fees and out of town travel will be invoiced at cost plus 15%. The cost of any fees to comply with special insurance requirements will be invoiced at cost plus 15%. Any progress prints, county review drawings, permit drawings or prints for other than in-house use of Rochester &Associates, Inc. shall be billed at$0.30 per square foot for black line copies and $0.75 per square foot for mylars. EXHIBIT B TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES These Terms and Conditions,together with ROCHESTER's Proposal,make up the Agreement between Rochester and you, the Client. Before countersigning the Proposal,be sure you read and understand the paragraphs entitled Indemnification and Limitation of Liability,which deal with the allocation of risk between you and ROCHESTER. 1. Services. ROCHESTER will perform the services set forth in its regulatory agencies. You will provide ROCHESTER with all documents Proposal and any amendments or change orders signed by both parties. and other information that are pertinent to the services and are reasonably Any request or direction from you that would require extra work or available to you, including information related to hazardous materials or additional time for performance or would result in an increase in other environmental or geotechnical conditions at the site. Before ROCHESTER's costs,including expert witness services and unanticipated ROCHESTER performs any subsurface activities,you will provide it with meetings will be the subject of a negotiated amendment or change order. all plans and other information available to you concerning underground Additional Services are not included as part of the Basic Services in the services,conduits,pipes,tanks and other facilities and obstructions at the Proposal and shall be paid for by you in addition to payment for Basic site. Unless otherwise indicated in writing,ROCHESTER will be entitled Services,in accordance with ROCHESTER's prevailing fee schedule,or as to rely upon the accuracy and completeness of the documents and agreed to by ROCHESTER and you. information you provide. 2. Standard of Care. ROCHESTER will perform the services with the 5. Right of Entry. You grant ROCHESTER and its subcontractors degree of skill and care ordinarily exercised by qualified professionals permission to enter the site to perform the services. If you do not own the performing the same type of services at the same time under similar site,you represent and warrant that the owner has granted permission for conditions in the same or similar locality. ROCHESTER makes no ROCHESTER to enter the site and perform the services, and you will warranty,express or implied,as to its professional services rendered under provide reasonable verification on request. this Agreement.You will promptly notify ROCHESTER with reasonable specificity of any deficiencies or suspected deficiencies in the services of 6.Site Restoration. Although ROCHESTER will act to limit damage to which you become aware, so that ROCHESTER may take measures to landscaping,paving,systems and structures at the site,you acknowledge minimize the consequences of such a deficiency. Failure to notify that some damage may occur even with the exercise of due care,and you ROCHESTER shall relieve us of the cost of remedying the deficiencies agree to compensate ROCHESTER for any restoration it is asked to above the sum such remedy would have cost had prompt notification been perform unless otherwise indicated in the Proposal. given. You acknowledge that the services entail risk of personal injury and property damage (including cross-contamination) that cannot be 7. Underground Facilities. ROCHESTER will not be liable for any avoided,even with the exercise of due care. You also acknowledge that damage to underground services or structures not accurately identified in environmental and geotechnical conditions can vary from those such plans and information,and you agree to indemnify,defend and hold encountered at the times and locations of explorations and data collection, harmless ROCHESTER against all liabilities and costs arising out of such and that the limitation on available data may result in some level of damage and its repair, except to the extent caused by ROCHESTER's uncertainty with respect to the interpretation of these conditions,despite negligence. due professional care. ROCHESTER therefore cannot guaranty specific results such as the identification of all contamination or other geotechnical S.Adverse Conditions. Adverse field conditions which include,but are or environmental conditions or problems nor their resolution. not limited to,items such as limited access,extremely dense vegetation, subsurface conditions, storm damaged property, swampy conditions, 3. Payment. Except as otherwise stated in the Proposal, you will existing utilities,irate property owners,restricted hours of operation or compensate ROCHESTER for the services at its standard rates,reimburse other field conditions beyond ROCHESTER'S control may require an its expenses,and pay any sales or similar taxes thereon. ROCHESTER increase in the project schedule and fees. ROCHESTER will will submit invoices periodically,and payment will be due upon receipt of immediately inform the Client in writing when we encounter such the invoice and considered past due after 30 days. If you dispute any conditions. Client and ROCHESTER will agree in writing to any portion of an invoice, you will notify ROCHESTER in writing with changes in scope and fee before proceeding with the project. specificity within 10 days and pay the undisputed portion within 30 days from invoice date. Overdue payments will bear interest at 11/2 percent per 9.Limits on ROCHESTER's Responsibility. ROCHESTER will not be month or,if lower,the maximum lawful rate,which shall be calculated responsible for the acts or omissions of contractors or others at the site, from the invoice due date. ROCHESTER may terminate its services upon except for its own subcontractors and employees. ROCHESTER will not 10 days'written notice anytime your payment is overdue on this or any supervise, direct or have control over or the authority to stop any other project,and you will pay for all services through termination,plus contractor's work,nor shall ROCHESTER's professional activities nor the termination costs. You will reimburse ROCHESTER's costs of collecting presence of ROCHESTER or its employees and subcontractors be overdue invoices,including reasonable attorneys'fees,and reasonable staff construed to imply that ROCHESTER has authority over or responsibility costs at standard billing rates for ROCHESTER's time spent in efforts to for the means, methods, techniques, sequences or procedures of collect. Payment of invoices shall not be subject to any discounts or set- construction,for work site health or safety precautions or programs,or for offs by you,unless agreed to in writing by ROCHESTER. any failure of contractors to comply with contracts,plans,specifications or laws.In addition,if the delays resulting from any such causes increase the 4. Client's Responsibilities. You will designate to ROCHESTER in cost or time required by ROCHESTER to perform its services in an orderly writing a person to act as your representative who is authorized to receive and efficient manner, ROCHESTER shall be entitled to an equitable notices transmit information and make decisions regarding the Project. adjustment in schedule and/or compensation. ROCHESTER shall not be Except as otherwise agreed,you will secure the approvals,permits,licenses required to execute any documents subsequent to the signing of this and consents necessary for performance of the services. If included in the Agreement that in any way might,in the sole judgment of ROCHESTER, Proposal,ROCHESTER shall assist you in applying for those permits and increase ROCHESTER's contractual or legal obligations or risks, or approvals normally required by law for similar projects. This assistance adversely affect the availability or cost of its professional or general shall consist of completing and submitting forms to the appropriate liability insurance. apparent during the initial services. You also recognize that actual 10. Changed Conditions. You recognize the uncertainties related to conditions encountered may vary significantly from those anticipated that surveying and engineering services, which often require a phased or laws and regulations are subject to change,and that the requirements of exploratory approach, with the need for additional services becoming regulatory authorities are often unpredictable. If changed or unanticipated Augusta Engineering Department Belair Road Drainage Project May 17,2016 Revised June 10, 2016 Page 7 conditions or delays make additional services necessary or result in those damages, liabilities or costs attributable to the negligent acts or additional costs or time for performance, ROCHESTER will notify you negligent failure to act by ROCHESTER. and the parties will negotiate appropriate changes to the scope of services, compensation and schedule. If the parties are unable to reach agreement, 14. Limitation of Liability. In recognition of the relative risks and either party has the absolute right to terminate this Agreement, in benefits of the Project to both the Client and the Consultant,the risks have accordance with the Termination provision hereof. In the event of been allocated such that the Client agrees,to the fullest extent permitted by emergency, ROCHESTER may take immediate steps to protect public law, to limit the liability of the Consultant to the Client for any and all health, safety and the environment, and will be equitably compensated claims,losses,costs,damages of any nature whatsoever or claims expenses therefor. You agree that you, ROCHESTER and ROCHESTER's from any cause or causes, including attorneys'fees and costs and expert- consultants shall be indemnified by the contractor(s) and shall be made witness fees and costs,so that the total aggregate liability of the Consultant additional insureds under the contractor(s) policies of general liability to the Client shall not exceed $50,000, or the Consultant's total fee for insurance. Any opinions by ROCHESTER of probable costs of labor, services rendered on this Project,whichever is less.It is intended that this materials, equipment or services to be furnished by others are strictly limitation apply to any and all liability or cause of action however alleged estimates and are not a guaranty that actual costs will be consistent with the or arising,unless otherwise prohibited by law. Notwithstanding any other estimates. You agree that ROCHESTER is not responsible for damages provision of this Agreement, and to the fullest extent permitted by law, arising directly or indirectly from any delays for causes beyond neither you nor ROCHESTER,their respective officers,directors,partners, ROCHESTER's control. For purposes of this Agreement, such causes employees,contractors or consultants shall be liable to the other or shall include, but are not limited to, strikes or other labor disputes; severe make any claim for any incidental, indirect or consequential damages weather disruptions or other natural disasters; fires, riots, war or other arising out of or connected in any way to the Project or to this Agreement. emergencies or acts of God;failure of any government agency to act in This mutual waiver of consequential damages shall include, but is not timely manner; failure of performance by you or your contractors or limited to,loss of use,loss of profit,loss of business,loss of income,loss consultants; or discovery of any hazardous substances or differing site of reputation or any other consequential damages that either party may conditions. have incurred from any cause of action including negligence,strict liability, breach of contract and breach of strict or implied warranty.Both you and 11.Documents and Information. All reports,drawings,specifications, ROCHESTER shall require similar waivers of consequential damages computer files, data,calculations, work papers and other documents or protecting all the entities or persons named herein in all contracts and instruments prepared or furnished by ROCHESTER are instruments of subcontracts with others involved in this project. service and will remain ROCHESTER's property. ROCHESTER shall retain all common law,statutory and other reserved rights,including the 15.Miscellaneous. This Agreement shall be governed by Georgia law. copyright thereto.Designs,reports,data and other work product delivered Any legal action between you and ROCHESTER arising out of this to you are for your use only, for the limited purposes disclosed to Agreement or the performance of the services shall be brought in a court of ROCHESTER. Any delayed use, use at another site, use on another competent jurisdiction in Hall County,Georgia.All limitations of liability, project,or use by a third party will be at the user's sole risk,and you agree indemnifications, warranties and representations contained in this to indemnify and defend ROCHESTER against any liabilities resulting Agreement shall survive the completion or termination of this Agreement therefrom. Any technology,methodology or technical information learned and shall remain in full force and effect. Any amendment to this or developed by ROCHESTER will remain its property. Agreement must be in writing signed by both parties. This Agreement supersedes any contract terms,purchase orders or other documents issued 12. Confidentiality; Subpoenas. Information about this Agreement and by you. These Terms and Conditions shall govern over any inconsistent ROCHESTER's services, and information you provide to ROCHESTER terms in the Proposal. If these Terms and Conditions have been provided regarding your business and the site,will be maintained in confidence and to you, your verbal authorization to commence services constitutes your will not be disclosed to others without your consent, except as acceptance of them. The provisions of this Agreement are severable;if any ROCHESTER reasonably believes is necessary(a)to perform its services, provision is unenforceable it shall be appropriately limited and given effect (b)to comply with professional standards to protect public health,safety to the extent it is enforceable. Neither party to this Agreement shall and the environment, and (c) to comply with laws and court orders. transfer, sublet or assign any rights under or interest in this Agreement ROCHESTER will make reasonable efforts to give you prior notice of any without the prior written consent of the other party. Headings in these disclosure under(b)or(c)above. Information available to the public and Terms and Conditions are for convenience only and do not form a part of information acquired from third parties without a breach of duty will not be the Agreement.Nothing in this Agreement shall be construed to give any considered confidential. You will reimburse ROCHESTER for responding rights or benefits to third parties. It is intended by the parties to this to any subpoena or governmental inquiry or audit related to the services,at Agreement that ROCHESTER's services in connection with the Project ROCHESTER's standard rates then in effect. You agree that the technical shall not subject ROCHESTER's individual employees, officers or methods, design details, techniques and pricing data contained in any directors to any personal legal exposure for the risks associated with this material submitted by ROCHESTER pertaining to this Project or this Project. Any notice required under this Agreement shall be in writing, Agreement shall be considered confidential and proprietary,and shall not addressed as specified in this Agreement and sent by electronic mail; be released or otherwise made available to any third party without the facsimile;registered,certified,express or regular U.S.mail. express written consent of ROCHESTER. 16. Termination of Contract. The Client may terminate this Agreement 13. Indemnification. In addition, and notwithstanding any other at any time by giving written notice via certified mail specifying the provisions of this Agreement,you agree,to the fullest extent permitted by effective date of such termination. The Consultant shall cease work law,to defend, indemnify and hold harmless ROCHESTER,its officers, immediately upon receipt of the request to terminate the Agreement and directors, employees and consultants against all damages, liabilities or shall send an invoice for said work along with written documentation of the costs including reasonable attorneys'fees and defense costs,arising out of work completed to date. Likewise, the Consultant may terminate the or in any way connected with this Project or the performance by any of the Agreement in like manner and shall be entitled to payment for that portion parties above named of the services under this Agreement,excepting only of work completed prior to the cancellation date.