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HomeMy WebLinkAboutCONSULTANT SERVICE AGREEMENT RE: W.K. DICKSON & CO., INC. (PROJECT: CAMP HANCOCK REHABILITATION PHASE II) AUGUSt4 3_7:( G®OriCM STATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND W.K. Dickson & Co., Inc. (CONSULTANT) CONSULTANT: W.K. Dickson&Co., Inc. PROJECT: Camp Hancock Rehabilitation Phase II DATE EXECUTED: DATE COMPLETED: 1 OF 34 Revision Date: June 2006 own, :71 (...._ STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND W.K. Dickson & Co., Inc. (CONSULTANT) This Agreement is made and entered into this day of , 2018 by and between AUGUSTA,Georgia,a political subdivision of the State of Georgia,hereinafter called the"CITY"and W K. Dickson & Co., 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 Camp Hancock Rehabilitation Phase II Project. 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: 2 OF 34 Revision Date: June 2006 CVCUSTD 0 COMA 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. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with all municipalities,local government officials,utility companies,and other consultants as directed by the 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 34 REVISION DATE: June 2011 µ16USTA 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,CONSULTANT 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 CONSULTANT 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 CONSULTANT and supersedes all prior negotiations,representations and agreements, either written or oral. 4 OF 34 REVISION DATE: June 2011 AUGUR„ 7f' DEFINITIONS Wherever used in this Agreement,whether in the singular 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. 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 CONSULTANT under this Agreement. 5 OF 34 REVISION DATE: June 2011 mieusr4 eA 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 34 REVISION DATE: June 2011 MUCU3u 40. GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT 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 CONSULTANT'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. 4. 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. 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 CONSULTANT'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 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. 7 OF 34 REVISION DATE: June 2011 C,Gusra 0 5. ACCURACY OF WORK The CONSULTANT 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 CONSULTANT 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. §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. JURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT 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 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 jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County,Georgia. 8 OF 34 REVISION DATE: June 2011 AwGJ5rn 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 CONSULTANT 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 CONSULTANTS 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 CONSULTANTs 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 CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a 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 CONSULTANT 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. 9 OF 34 REVISION DATE: June 2011 MAMA 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 the CITY 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 than One Million($1,000,000) Dollars for injuries,including those resulting in death to any one person,and in an amount of not less than One Million ($1,000,000) Dollars on account of any one 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 CONSULTANT'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. 10 OF 34 REVISION DATE: June 2011 c 15. PROHIBITED INTERESTS 15.1 Conflict of Interest:The CONSULTANT agrees that it presently has no interest and shall:i 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. 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 CONSULTANT 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 CONSULTANT 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. 11 OF 34 REVISION DATE: June 2011 AUGUf4 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. 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 CONSULTANT 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 CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT's knowledge and written consent. 12 OF 34 REVISION DATE: June 2011 UG cAD--- 0 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. 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: CONSULTANT: ADMINISTRATOR AUGUSTA,GEORGIA W.K Dickson&Co.,Inc. 535 Telfair Street 1450 Greene Street,Suite 225 Augusta,GA 30901 Augusta,GA 30901 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street,Suite 200 Augusta,GA 30901 26. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this agreement,Augusta,GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CONSULTANT under this agreement. 27. DEFECTIVE PRICING To the extent that the pricing provided by CONSULTANT is erroneous and defective,the parties may,by agreement,correct pricing errors to reflect the intent of the parties. 13 OF 34 REVISION DATE: June 2011 AUC n, 1r, 28. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE CONSULTANT is not responsible for delay in performance caused by hurricanes,tornadoes, floods,and other severe and unexpected acts of nature. In any such event,the contract price and schedule shall be equitably adjusted. 29. HOLD HARMLESS Except as otherwise provided in this agreement,CONSULTANT shall indemnify and hold harmless Augusta,GA,and its employees and agents from and against all liabilities,claims,suits, demands, damages,losses,and expenses,including attorneys'fees, arising out of or resulting from the negligent performance of its Work. 30. GEORGIA PROMPT PAY ACT NOT APPLICABLE The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 31. RIGHT TO INSPECT PREMISES Augusta,Georgia may,at reasonable times,inspect the part of the plant,place of business,or work site of CONSULTANT or any subcontractor of CONSULTANT or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta,Georgia. 32. E-VERIFY All contractors and subcontractors entering into contracts with Augusta,Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. §13-10-91,stating affirmatively that the individual,firm,or corporation which is contracting with Augusta,Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees,pursuant to the Immigration Reform and Control Act of 1986 (IRCA),P.L. 99-603,in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13- 10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that,should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E-Verify number as evidence of verification of compliance with O.C.G.A. §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s)is retained to perform such physical services. 33. LOCAL SMALL BUSINESS LANGUAGE In accordance with Chapter 10B of the AUGUSTA,GA. CODE,Contractor expressly agrees to collect and maintain all records necessary to for Augusta,Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA,GA.CODE § 1-10-129(d)(7),for all contracts 14 OF 34 REVISION DATE: June 2011 own, where a local small business goal has been established,the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta,Georgia the total dollars paid to each local small business on each contract,and shall provide such payment affidavits,regarding payment to subcontractors as may be requested by Augusta,Georgia.Such documents shall be in the format specified by the Director of minority and small business opportunities,and shall be submitted at such times as required by Augusta,Georgia. Failure to provide such reports within the time period specified by Augusta,Georgia shall entitle Augusta,Georgia to exercise any of the remedies set forth,including but not limited to,withholding payment from the contractor and/or collecting liquidated damages. 34. ACKNOWLEDGEMENT "Consultant acknowledges that this contract and any changes to it by amendment,modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta,Georgia's ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta,Georgia under an unauthorized contract,amendment,modification,change order or other similar document,including the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly,Consultant agrees that if it provides goods or services to Augusta,Georgia under a contract that has not received proper legislative authorization or if the Consultant provides goods or services to Augusta,Georgia in excess of the any contractually authorized goods or services,as required by Augusta,Georgia's Charter and Code,Augusta,Georgia may withhold payment for any unauthorized goods or services provided by Consultant. Consultant assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta,Georgia,and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta,Georgia, however characterized,including,without limitation,all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta,Georgia contracts for goods and services,except revenue producing contracts. [SIGNATURES ON FOLLOWING PAGE] 15 OF 34 REVISION DATE: June 2011 Aum/A IN WITNESS WHEREOF,said parties have hereunto set their seals the day and year written below: CITY: CONSULTANT: AUGUSTA,GEORGIA (CITY W.K Dic : I & o.,In . Q.ti./�� /i,, : . BY: / /PRINTED NAME:_The Honorable Hardie Davis Jr. PRINTED NAME William Wingate,III AS ITS: MAYOR AS ITS: Vice President ATTESTtCLERK: .j ATTEST. of �/ �y r . 0.0,!, , 0,1111t PRINTED AME 71 fe' ' i PRINTED NA : ary S.Bennett,PE,CPESC,CPSWO AS ITS: Cl rk oft omlhissiom4 Z s 4 AS ITS: Senior Project Manager DATE . • 6 `. 8_ -- �f/ 3 DATE: A►pM Copy to: 1 , DIRECTOR_..__._ �� .... AUGUSTA UTILITIES DEPARTMENT 452 Walker Street,Suite 200 Augusta,GA 30901 16 OF 34 REVISION DATE: June 2011 CONSULTANT'S RESPONSIBILITIES CONSULTANT,in order to determine the requirements of the Project,shall review the information in Attachment A-Scope of Services.CONSULTANT shall review its understanding of the Project requirements with CITY 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. PROJECT 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 CONSULTANT'S 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 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 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. 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 17 OF 34 REVISION DATE: June 2006 �uayr4 necessary documents identifying the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. 18 OF 34 REVISION DATE: June 2011 ,.... 0 ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: This project involves providing Professional Engineering Services related to assisting Augusta Utilities Department (AUD), for Phase II of the Camp Hancock Outfall Rehabilitation project that is the implementation of the "Infrastructure Rehabilitation Plan for the Camp Hancock Basin - Sanitary Sewer Interceptor" (IRP) as prepared for the City of Augusta Utilities Department by W.K Dickson, Inc. (WKD) and dated 3/17/16. During 2014, the basin was evaluated for combined systems as part of the EPD Consent Order requirements for the Augusta Utility Department (AUD). In the evaluation of the Camp Hancock area, it was determined through smoke testing and flow monitoring results, that this system did not yield any evidence of combined systems;however,it was noted that the operational conditions of this outfall was of concern. AUD retained the services of WKD in 2015 to evaluate the Camp Hancock trunk main, develop rehabilitation recommendations, prioritize the rehabilitation work and develop projected costs to be outlined in an IRP. This work was completed in March of 2016. During 2017, the second phase of the project began. The scope of this phase included two work objectives.The first was to implement design plans and construction of the first phase of the outfall rehabilitation and the second was to conduct additional CCTV evaluation of the portions of the outfall that had previously not been cleaned and coded. The Camp Hancock Basin is in a predominately residential area but also serves the Augusta Municipal Golf Course, the Augusta Aquatics Center, Aquinas High School, the Charlie Norwood VA Medical Center, and Trinity Hospital. The system consists of 140 mains, totaling 31,506 linear feet(LF),with diameters in the 18",21" &24" size range and includes 140 manholes. The primary purpose of this project will be to develop Construction Documents that will allow AUD to Bid and Contract with a Contractor(s) in order to facilitate rehabilitation measures as identified in the IRP. Augusta Utility Department (AUD) intends to implement the rehabilitation of Camp Hancock Outfall over multiple years. This Contract, between AUD and CONSULTANT, will be for the second phase of the implementation and will be accomplished utilizing the following activities: • Develop rehabilitation construction documents which denote the required rehabilitation of each component within the system with sufficient detailing to aid in the execution of the rehabilitation of the Camp Hancock trunk main. The area of focus will be the section of the outfall that is recommended through the updating of the IRP. It is anticipated that the OWNER will limit the funding to the Phase II project to approximately$1,000,000. • CONSULTANT will use the CCTV data collected in Phase I to re-evaluate the IRP and recommended repairs from the original IRP developed in 2015. The existence of this new 19 OF 34 REVISION DATE: June 2011 data will help refine the prioritization of the next phase of construction.To focus the money invested by the OWNER into the highest priority sections of the outfall first. • Review of newly collected CCTV/PACP data for comparison and verification of rehabilitation recommendations previously made in the IRP on these sections missing CCTV data. • Develop Contract documents and technical specifications to be used in the Bidding process of Phase II outfall rehabilitation plan. • Assist in the bidding process, including Pre-Bid meetings, Bid Openings, Requests for information and clarifications. • Construction Administration, including shop drawing review, periodic site visits, contractor pay request review, Final Inspection and closeout. • Provide construction observation on a periodic basis for the rehabilitation process. These types of projects are more sensitive to being there onsite during the construction. The periodic presence of the engineer representative will help validate the contractor performance. SCOPE OF SERVICES: The CONSULTANT proposes to provide the following Scope of services for the fees listed under "Basis of Compensation". Professional Services: CONSULTANT will prepare Contract documents for AUD to invite bids for the construction of the sewer repairs and rehabilitation in Phase II recommended section. This Scope of Services assumes that design drawings and specifications will be developed for the assets and rehabilitations identified in the updated IRP only and within the yearly allotted AUD budget. The design drawings will be submitted as CAD based drawings.The CONSULTANT will utilize existing plans, GIS data, field sketches and other sources available from the owner to prepare the documents for bidding.CONSULTANT will assist in bidding and general construction services.It is assumed that phase two (2) work will be implemented under one (1) construction contract; if additional construction contracts are required, this agreement will be amended to authorize additional engineering services and fees. 20 OF 34 REVISION DATE: June 2011 µAusT4 i i- 0 During the preparation of Camp Hancock Phase I approximately 17,000 linear feet of additional CCTV data was collected on the outfall. CONSULTANT will review the available data for comparison and verification of rehabilitation recommendations previously made on these sections during the development of the IRP. CONSULTANT will amend rehabilitation recommendations based on any new findings. The sections to be reviewed are scattered throughout the remainder of the outfall. The CONSULTANT will compare the new information to the previous IRP results that were estimated. The CONSULTANT will update the IRP and deliver a technical memorandum explaining the revisions to the overall CIP. This data will be used to plan the remaining CIP sections for this outfall. Design Documents CONSULTANT will be responsible for the submittal of 90 percent and Final Bid Set documents that meet the following requirements: Design Drawings 1. Cover Sheet 2. General Notes and Legend 3. Sheet Index 4. Sanitary Sewer Rehabilitation Sheets - The plan sheets (22-inch by 34-inch) will contain a plan view for sewer rehabilitation at a horizontal scale of 1-inch equals 100 feet. Streets and other pertinent features shall be labeled for better field identification. The sheets shall also contain tables of applicable information such as pipeline rehabilitation method, diameter, material, stationing of point repairs, laterals, and manhole rehabilitation methods. This Scope of work assumes that profile sheets will not be required.If profile sheets are determined to be required for a given location,the Scope and budget will be amended to provide for these services. The drawings shall be reproducible in black and white without the need for color to distinguish information shown on the drawings. 5. Details as appropriate for the work,including but not limited to: • Sewer Installation Details • Generic Erosion and Sediment Control Details • Generic Traffic Control Details • Paving Details: GDOT and AED 21 OF 34 REVISION DATE: June 2011 074 Specifications Standard specifications and Contract Documents will be provided by CONSULTANT to AUD.The CONSULTANT will be expected to provide: 1. Upfront CONTRACT documents for AUD's use in the procurement process 2. Bid forms to be incorporated into the CONTRACT documents 3. Special Provisions Section(as applicable) 4. Contract Exhibits: Scope of service, site drawings, reports and other background information, as applicable and as generated performing Work related to other sections identified herein 5. Technical Specifications shall include,but not be limited to: • Temporary erosion&sediment control • Preconditioning of sewers and manholes • Flow bypass and/or diversion pumping • Cured-in-place pipe lining of existing sewer mains • Point Repairs • Utility and private service line repairs • Manhole interior rehabilitation • New or replacement manhole construction • Pipe replacement by open-cut • Paving Technical Review Ensuring a quality deliverable is the responsibility of the CONSULTANT. CONSULTANT shall have all progress drawings and specifications submitted to an internal technical review committee at the 90 percent completion milestone. The CONSULTANT's review committee shall consist of technical staff knowledgeable on the type of work designed and independent for the specific project. Following the technical review, design modifications shall be made by the CONSULTANT to finalize the construction documents. Completion of Construction Documents Presentation of the construction documents, plans and specifications, at the 90 percent completion will be made to AUD following the CONSULTANT's internal technical review. Following AUD's review, design modifications shall be made by the CONSULTANT and submitted to AUD as Draft 22 OF 34 REVISION DATE: June 2011 AucusU Final Documents (Draft 100 percent). Upon approval, these documents shall be finalized and will be considered Final Documents (Final 100 percent). Prepare Final Cost Estimates The CONSULTANT will review and/or prepare detailed cost estimates based on the construction documents and submit the cost estimates to the AUD at the 90 percent and final design milestones. Permitting This Scope assumes that a City of Augusta Engineering Department and/or a Georgia Department of Transportation(GDOT)permit will be required. It is assumed that standard traffic control,erosion and sediment control details will be included in the design documents to assist AUD and/or the CONTRACTOR in securing the required permits. Efforts above and beyond this can be provided by the CONSULTANT if required,under an amendment. The CONSULTANT shall estimate the area of disturbance and will notify AUD immediately if the area of disturbance is found to be over 1 acre. It is assumed that stormwater permitting will not be required. In addition, wetland delineation, wetland or stream mitigation work and railroad permitting is not included in this Scope of Services but can be added by amendment if requested. Project Bidding The CONSULTANT shall provide services during the bidding phase to include providing technical interpretation of the Bid Documents, attending one (1) bid opening, evaluating one (1) set of bids and recommending award, and preparing Contract Documents for signature. Conformed documents will be the responsibility of the CONSULTANT. It is assumed that the duration of the Bid Period will be eight (8) weeks and that the AUD will be distributing the bid packages. An additional two months is assumed from selection of the CONTRACTOR to the issuance of the Notice to Proceed. While a formal prequalification process is not anticipated, the CONSULTANT will work with the AUD to include qualification requirements in the Specifications that will be submitted by the bidders with the bids. General Services during Construction After award of the contract, CONSULTANT will assist the AUD with Contract administration and provide periodic observation of the construction work. It is anticipated that the construction period for the sewer rehabilitation project will be no longer than 6 months including 150 days for substantial completion and 30 days for final completion for total construction duration of 180 days. 23 OF 34 REVISION DATE: June 2011 An increase in the construction schedule will require an amendment to authorize additional construction services. The CONSULTANT will provide general services during construction as described herein. In the performance of its services during the Construction Phase,the CONSULTANT shall not supervise, direct or have control over CON I'RACTOR's work nor shall the CONSULTANT have authority over or responsibility for the means,methods,techniques,sequences,procedures of construction or safety precautions and programs incidental to the work selected by the CONTRACTOR(s), or for any failure of the CONTRACTOR'S compliance with laws, rules, regulations, ordinances, codes or orders applicable to work. Administration of Construction Contract As part of general administration of the construction Contract,the CONSULTANT will consult with and advise AUD and act as its representative during the construction period. The CONSULTANT will provide contract administration and general services required for the Project,including: • AUD's representative for the duration of the construction contract, all communications to and from the CONTRACTOR shall go through the CONSULTANT.On behalf of AUD, the CONSULTANT shall administer the construction Contract, respond to CONTRACTOR's correspondence,and issue instructions from AUD; • Maintain a complete document file for the project. Documents to be maintained include, but are not limited to: correspondence, quality control procedures, quality control testing; site inspection records, shop drawing schedule, change orders, scheduling, project meetings, cost and disbursement data,progress reports and all other documents pertaining to the construction Contract; • Hold a pre-construction meeting and monthly progress meetings that will address critical schedule requirements, payment procedures, emergency procedures, schedule updates, coordination issues, change orders, quality assurance testing approvals, and any other issues related to completion of the project. One pre-construction meeting and 6 monthly progress meetings should be budgeted. • CONSULTANT shall submit a Work Summary spreadsheet that the AUD will utilize to report to Cityworks on areas that have been inspected or rehabilitated along with each monthly pay application by the CONTRACTOR. A comprehensive list is to be provided with each pay application identifying each pipe and/or manhole or other asset,and what was done (cleaning, lining, etc.). A sample Work Summary template will be provided by AUD for this spreadsheet. 24 OF 34 REVISION DATE: June 2011 Avcun i i- 0 • CONSULTANT will address RFI's from the CONTRACTOR in a timely manner. The project budget includes up to six (6)RFI's for the project. Site Visits The CONSULTANT will visit the site(excluding visits coinciding with monthly progress meetings) to observe the progress and quality of the executed work of the CON!''ACTOR and to determine, in general, if such work is proceeding in accordance with the Contract Documents. During the CONSULTANT's visits, and on the basis of on-site observations, the CONSULTANT shall keep AUD informed of the progress of the work, shall endeavor to guard AUD against defects and deficiencies in such work, and may recommend to AUD disapproval or rejection of work failing to conform to the Contract Documents. It is understood that AUD does not desire to have the CONSULTANT provide full-time inspection services. This Scope includes an average of 20 hours per week of site visits for six 6 months. If additional site visits are required, this contract will be amended to provide such additional services. Shop Drawing Review The CONSULTANT will review and approve(or take other appropriate action with respect to)Shop Drawings and samples, the results of tests and inspections, and other data that the CONTRACTOR is required to submit for conformance with the design concept of the Project and compliance with the information given in the Contract Documents; and receive and review (for general content as required by the Specifications) instructions, guarantees,bonds and certificates of inspection which are to be assembled by the CONTRACTOR in accordance with the Contract Documents, and transmit them to AUD with written comments. This task includes review of the pre-construction video performed by the CONTRACTOR and advice to AUD regarding CONTRACTOR's suggestions for additions or deletions of required rehabilitations and confirmation of the selected rehabilitation method throughout the life of the project. The CONSULTANT will review cured-in- place liner design calculations provided by the CONTRACTOR. Preparation of Design Clarifications The CONSULTANT will issue necessary interpretations and clarifications of the Contract Documents;have authority, as AUD's representative, to require special inspection or testing of the work; act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work there under,and make decisions on all claims of AUD and CONTRACTOR relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. 25 OF 34 REVISION DATE: June 2011 wcosr,4 Work Change Directives will be issued to document required point repairs, CIPP lining and/or other rehabilitation methods added or deleted to the contract documents. This Scope does not include reissuing the drawings or design of open-cut replacement. Quality Assurance Testing The CONSULTANT will specify the quality assurance testing that is necessary for the project in the construction specifications relative to its designs. Coupon testing required of the CIPP lining CONTRACTOR will be performed by CON TRACTOR at an independent testing laboratory. Review of Applications for Payment Based on on-site observations and review of the applications for payment with the accompanying data and schedules,the CONSULTANT will determine the amounts payable to CONTRACTOR on a monthly basis. The CONSULTANT will then recommend by email to AUD,payments reasonably due to CONTRACTOR. Change Orders and Time Extensions The CONSULTANT will provide services in connection with change orders to the Construction Contract to reflect minor changes or deletions requested by AUD, CONSULTANT or the CONTRACTOR and make revisions to Drawings and Specifications occasioned thereby. An accurate listing of additional costs and credits as a result of change orders will be maintained by the CONSULTANT. Upon receipt of a requested change order, the CONSULTANT will review it in detail and then discuss it with AUD, and together,will determine the manner in which to proceed. Larger changes or claims asserted by CON TRACTOR and major redesigns requested by AUD may require additional analyses or evaluation beyond the Scope of this Contract. It is anticipated that up to 2 (two) change orders will be processed for the project. Final Inspections The CONSULTANT will conduct a walk-through inspection with the CONTRACTOR and AUD to determine if the Project has reached substantial and/or final completion and prepare a punch list of work items remaining. The CONSULTANT will conduct one final inspection to determine if the work is acceptable, so that the CONSULTANT may recommend, in writing, final payment to the CONTRACTOR and may give written notice to AUD and the CONTRACTOR that the work is acceptable. The CONSULTANT will observe the work of the CONTRACTOR to see that it has been completed in substantial accordance with respect to the Contract Documents prepared by the CONSULTANT. It is assumed that the CONSULTANT will review 100 percent of the post rehabilitation inspection videos provided by the CONTRACTOR prior to post-rehabilitation 26 OF 34 REVISION DATE: June 2011 µ0V84 • inspection. Comments from review of post-rehabilitation inspection videos and the final inspection visit will be incorporated into the final punch list and forwarded to the CONTRACTOR. Final Completion At the conclusion of the project,the CONSULTANT will receive,review and transmit to AUD with written comments guarantees, bonds, certificates and post inspection videos and/or photographs that are required by the Contract Documents and provided by the CON TRACTOR. Record drawings indicating the implemented rehabilitation and replacement work will be the responsibility of the CONSULTANT and will be submitted in PDF and CADD format. To assist AUD's endeavor in Asset Management, the CONSULTANT will provide AUD with GIS data files reflective of completed rehabilitated assets. A. TIME OF PERFORMANCE 1. CONSULTANT will begin work within ten (10) days of Notification to Proceed and work diligently to complete the Scope of Services. It is anticipated that the first phase of this project will require approximately sixteen(16) months to allow for construction. B. MISCELLANEOUS 1. Additional Services AUD may request additional services from time to time. These services will be provided on an as-needed basis only when requested by AUD. Should the need arise for additional services during the course of the project; the CONSULTANT will be pleased to provide AUD with an estimated cost prior to authorization of additional services 2. Services Not Included AUD reserves the right to amend this Agreement so that the CONSULTANT may furnish additional services such as those listed below. Additional compensation for additional services rendered will be provided by AUD based on negotiated terms. • Pre- and/or post-rehabilitation flow monitoring • Evaluation of aerial stream crossings • Rerouting/Relocation of existing facilities • Geotechnical services • Preparation of easement plats 27 OF 34 REVISION DATE: June 2011 * • Hydraulic capacity evaluations • Open-cut design • Professional Engineering services related to additional or extended design,bidding, and construction services • Additional permitting not indicated in Scope(railroad, wetlands, etc.) 28 OF 34 REVISION DATE: June 2011 WGU$T 0 ATTACHMENT B - COMPENSATION The City shall pay the CONSULTANT for services set forth in Scope of Services, Basic Services The OWNER shall pay the CONSULTANT for services set forth in Scope of Services as follows: Professional Services $185,000.00 Lump Sum 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 CONSULTANT shall also submit an accurate updated schedule,and an itemized description of the percentage of total work completed for each phase during the billing period. 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 invoiced based on the percentage of work completed against the lump sum contract amount stipulated. 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 CONSULTANT has requested acceleration of the scheduled work in writing. 29 OF 34 REVISION DATE: June 2011 �utusr�� 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: David L. Pond,PE Bryan Odom,PE William Wingate,PE Sadhana Veeravalli Jake Berkshire,P.E. 30 OF 34 REVISION DATE: June 2011 way ATTACHMENT D - SCHEDULE FOR PERFORMANCE CAMP HANCOCK BASIN OUTFALL Phase II IMPLEMENTATION CAMP HANCOCK PHASE II SCHEDULE— Construction Documents 90% - 100 Days AUD 90% Construction Documents Review - 20 Days Final Construction Documents - 20 Days AUD 100%Review Approval - 20 Days Bidding/Contracting - 140 Days Construction Phase - 185 Days 31 OF 34 REVISION DATE: June 2011 UGCUTU CCOILCA 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: 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 limits, design objectives and CONSULTANT'S services to be provided. Q Cost Proposal that will include cost of design,preparation of construction plans and specifications,and other services requested in the CITY's Request for Proposal. Q Schedule for submittal of review documents at 90% and final documents. Prior to submitting 90%review documents: Q Locate all existing utilities using available information collected by the CONSULTANT. The CITY will furnish available information on water and sewer locations however the CONSULTANT must verify to CITY'S satisfaction. Q 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. Site Plan(If Required) Throughout project: Prepare printed responses to comments received from the CITY following reviews. Q Provide the necessary plats for easement acquisition and DOT/other permit application. Q Prepare Public Works/DOT/Other permit applications for signature by the CITY. Q Prepare and submit plans to EPD for review and approval when required. El Prepare plans and specifications,using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY. 32 OF 34 REVISION DATE: June 2011 AU6Q$A Q Prepare construction cost estimates at each review stage, 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. Q Fax bid information to CITY. Q 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. Q Provide clarification related to the plans/specifications throughout design and construction. Provide record drawings at completion of the project electronically,per the Utilities Design Standards and Specifications (latest version). 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. • Construction Administration Services called for in attached scope. 33 OF 34 REVISION DATE: June 2011 �cuYp d+a� riga Wnacu 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 CONSULTANT 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 CONSULTANT to protect the safety,health and welfare of the public in the performance of their professional duties. AUGUSTA UTILITIES DEPARTMENT CONSUL . •0/ W.K Dic •. C ,Inc. BY: �reVA.D BY: d ry PRINTED NAME: PRINTED NAME: William G. ingate III,PE TITLE: ITITLE: Vice President DATE: 1 Z ( 1 DATE: 06/19/19 34 OF 34 REVISION DATE: June 2011