HomeMy WebLinkAboutARCADIS US INC LANEY WALKER SEWER REHABILITAITON EVALUATION
STATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT:
ARCADIS US, Inc.
PROJECT: Laney Walker Sewer Rehabilitation Evaluation,
Requisition/Quote No. R136338
Purchase Order No. P135548
DATE EXCECUTED:
DATE COMPLETED:
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REVISION DATE: June 2004
STATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this 1st day of May, 2007 by and between AUGUST A,
Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and ARCADIS
US, 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:
Laney Walker Sewer Rehabilitation Evaluation, Requisition/Quote No., R136338
Purchase Order No. P135548; and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to
provide the services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between the CITY and the CONSULTANT that:
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REVISION DATE: June 2004
GENERAL PROVISIONS
CONSULT ANT 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. 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.
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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
CONSULT ANT'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
CONSULT ANT 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.
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REVISION DATE: June 2004
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.
Program Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison
between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including
review of CONSULTANT's plans and work.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity
having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to
provide a part of the Work called for by this Agreement.
Supplemental Agreement - means a written order to CONSULT ANT 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.
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REVISION DATE: June 2004
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
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GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULT ANT and the
CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt
by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be
defined in the Notice To Proceed.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULTANT under this
Agreement will be the level of care and that is ordinarily used by members of CONSULT ANT'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. The Program Manager may approve minor changes to the scope of services
that do not involve an increase compensation schedule.
4. PERSONNEL
The CONSULT ANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any
contractual relationship with, the CITY. All of the services required hereunder will be performed
by the CONSULTANT under its supervision, and all personnel engaged in the work shall be
qualified and shall be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSULT ANT under this agreement are indicated in a personnel listing attached hereto as
Attachment C - Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the CONSULT ANT's Key Personnel without the prior written
approval of the CITY or his designee.
The CONSULT ANT 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.
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REVISION DATE: June 2004
5. ACCURACY OF WORK
The CONSULT ANT shall be responsible for the accuracy of the work and shall promptly correct
errors and omissions in its plans and specifications without additional compensation. The
CONSULTANT shall give immediate attention to these changes so there will be a minimum of
delay to others.
Acceptance of the work by the CITY will not relieve the CONSULT ANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
6. CONFIDENTIALITY
The CONSULT ANT agrees that its conclusions and any reports are for the confidential use and
information of the CITY and that it will not disclose its conclusions in whole or in part to any
persons whatsoever, other than to submit its written documentation to the CITY, and will only
discuss the same with it or its authorized representatives. Upon completion of this Agreement
term, all documents, drawings, reports, maps, data and studies prepared by the CONSULT ANT
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
CONSULT ANT 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 CONSULT ANT 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
CONSULT ANT acknowledge that all records relating to this Agreement and the services to be
provided under the contract may be a public record subject to Georgia's Open Records Act
(O.c.G.A. S 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request
and making all records, not exempt, available for inspection and copying as provided by law.
8. TURISDICTION
The law of the State of Georgia shall govern the CONTRACT between CITY and 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 CONSULT ANT arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically
consents to jurisdiction and venue in Richmond County and waives any right to contest the
jurisdiction and venue in the Superior Court of Richmond County, Georgia.
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REVISION DATE: June 2004
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
CONSULT ANTS
CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of
Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT
shall fully cooperate with such other CONSULT ANTs and the CITY employees or appointed
committee(s), and carefully fit its own work to such additional work as may be directed by the
CITY. The CONSULTANT shall not commit or permit any act which will interfere with the
performance of work by any other CONSULTANT or by CITY employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULT ANT warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by CONSULT ANT 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.
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REVISION DATE: June 2004
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT shall be responsible for any and all damages to properties or persons caused
by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents
and employees from all suits, claims, actions or damages of any nature whatsoever to the extent
found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent
performance or non-performance of work under this Agreement. These indemnities shall not be
limited by reason of the listing of any insurance coverage.
14. INSURANCE
The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in
force and effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program
Manager against liability or financial loss resulting from injuries occurring to persons or property
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 CONSULT ANT 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. General Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for
injuries, including those resulting in death to anyone person, and in an amount of not less than
One Million ($1,000,000) Dollars on account of anyone occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars
from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000)
Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans,
drawings, field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance - in an amount of not less than One Million ($1,000,000) Dollars
or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULT ANT's liabilities hereunder
in insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the
CITY as additional 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.
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REVISION DATE: June 2004
15. PROHIBITED INTERESTS
15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall
acquire no interest, direct or indirect, that would conflict in any manner or degree with the
performance of its services hereunder. The CONSULTANT further agrees that, in the
performance of the Agreement, no person having such interest shall be employed.
15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure
or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the
proceeds thereof.
15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or
persons in the employ of the CITY for any work required by the terms of the Agreement,
without the written permission of the CITY except as may otherwise be provided for herein.
16. SUBCONTRACTING
The CONSULTANT shall not subcontract any part of the work covered by this Agreement or
permit subcontracted work to be further subcontracted without the CITY's prior written approval
of the subcontractor. The CITY will not approve any subcontractor for work covered by this
Agreement that has not been recommended for approval by the Program Manager.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set
forth in this Agreement.
17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its
rights, obligations, benefits, liabilities or other interest under this Agreement without the written
consent of the CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the
CONSULT ANT will not discriminate against any employee or applicant for employment because
of race, creed, color, sex or national origin; (2) the CONSULT ANT 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.
19. DRUG FREE WORK PLACE
CONSULT ANT 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
110F20
REVISION DATE: June 2004
owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may
result in discipline and/ or immediate discharge.
CONSULT ANT shall notify the appropriate federal agencies of an employee who has a criminal
drug statute conviction for workplace violation.
CONSULT ANT 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
CONSULT ANT 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 CONSULT ANT 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
CONSULT ANT 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.
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
12 OF 20 REVISION DATE: June 2004
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 CONSULT ANT shall perform the services under this Agreement as an independent contractor
and nothing contained herein shall be construed to be inconsistent with this relationship or status.
Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or
any of its agents or employees to be the agent, employee, or representative of the CITY.
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage
prepaid. Notices shall be addressed as follows:
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30901
CONSULT ANT:
ARCAIDS US, Inc.
1450 Greene Street
Suite 220
Augusta, GA 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
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REVISION DATE: June 2004
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
CITY:
AUGUST A, GEORGIA (CITY)
BY: CJ2 04, G--
~RINTEDNAME: P"'r$., 5. 6-t)foOl-tf~
~LJli;.s ITS: MAYOR AS ITS::
J~Ji~ (.. ()~~
VI (AI. (11/1..<; I ~rJ(
ATTEST CLERK:
cJt;~~
PRINTEDNAME:tElfl! J !~IIAlet
ATTEST:
c_~ ~~~_lL 0
PRINTED NAME:~\.t...C;At"'\ ~'"" \c.~l^ ;14.-
AS ITS:: ~5S.'~-tr. _+ ~t;.~ (J. ~~
DATE: -. \ &l. \ "1
AS ITS: Clerk of Commission
DATE: 1j/t!17
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
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REVISION DATE: June 2004
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 Program Manager and shall advise CITY of additional data or
services which are not a part of CONSULT ANT's services, if any, necessary for design to begin.
PROTECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to
CITY's and CONSULTANT'S requirements for this part of the project, including design objectives
and constraints, space, capacity and performance requirements, flexibility and expendability, and
any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports,
surveys, and other materials that may be relied upon in performing CONSULT ANT'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 CONSULT ANT 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
CONSULT ANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
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REVISION DATE: June 2004
CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULT ANT all data in CITY's possession relating to CONSULT ANT'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
CONSULT ANT shall discuss with and receive approval from the CITY prior to sending notices of
intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the
necessary documents identifying the 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 CONSULT ANT'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 CONSULT ANT whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONSULTANT's Services, or of any
defect in the work of CONSULT ANT or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities associated in any way
with the PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of CONSULT ANT for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for
suits or claims between the parties to this AGREEMENT, will be reimbursed as additional
services.
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REVISION DATE: June 2004
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION: This project is comprised of the cleaning and televising with
bypass pumping of the existing sanitary sewer line to determine the extent of its
condition for rehabilitation. Upon completion of the cleaning and televising portion of
the project, the CCTV tapes will be evaluated by ARCADIS to determine the condition of
the sewer line and affected manholes. Then a recommendation along with a estimated
cost of construction for its rehabilitation will be developed. Once a decision is made by
Augusta Utilities, a proposal for the design, bidding and construction services of the
accepted rehabilitation method will be submitted for approval.
DESIGN OBJECTIVES AND WORK PLAN: The objectives of the project is to
determine the extent of damage that has occurred to the reinforced concrete sewer pipe
and determine the best and most economical method for rehabilitation. In addition to
the suspected damage to the pipe due to hydrogen sulfide corrosion, there is a great deal
of inflow and infiltration that is plaguing the system.
The first stage of the work will be for our subcontractor, Southeast Pipe Survey, to
mobilize to the site providing the equipment, labor, and supervision to clean and CCTV
inspect 18"-24" sanitary sewer lines located on Laney Walker Blvd. There are two
options to be considered:
1.) Cleaning, CCTV Inspection, & Bypassing for approximately (3,100 If.) of 18" - 24"
sanitary sewer line from MH MC061M0955 located near Gwinnett Ct. to East Boundary
and from the manhole in the street at the 2nd St. Pump Station to MH MC060M2833, one
section to the east on Laney Walker Blvd.
2). Clean, CCTV Inspection, & Bypassing an additional (2,250 If.) of 18" sanitary sewer
line from MH MC076M1285 located near Columbia Nitrogen to MH MC061M0864
located near Lovers Lane intersection. The section of the sanitary sewer line between
Gwinnett Street and Lovers lane has already been either replaced (bypass replacement)
or slip-lined and is not included in this proposal.
The assumption is that the lines have significant deposition in the line requiring a heavy
cleaning prior to televising. Care will be taken during the cleaning operation at the
crown of the pipe to minimize damage to the pipe.
Pricing by our subcontractor includes heavy cleaning for the sewer pipes ranging from
18" -24" diameters, CCTV inspection of pipes ranging from 18" -24" diameters, and
bypass pumping for lines ranging from 18"-24" diameters.
Our subcontractor will require water for cleaning, a nearby dump site for debris removed
during the cleaning operation and traffic control as needed.
Upon receipt of the CCTV tapes from Southeast Pipe Survey, ARCADIS will evaluate the
data provided and evaluate the best and most cost effective alternative to rehabilitate the
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REVISION DATE: June 2004
gravity sewer and affected manholes. The deliverable will be a report that will include
the results of the survey, including the CCTV tape, recommendations for rehabilitation
and our estimate of the cost. The information derived from the CCTV report will be
available to be incorporated into your GBA Master Series software package data base.
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of this Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY
and accompanied by all support documentation requested by the CITY, for payment for the
services, which were completed during the billing period. The CITY shall review for approval
said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not
properly supported, or if the costs requested or a part thereof, as determined solely by the CITY,
are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay
each such invoice or portion thereof as approved, provided that the approval or payment of any
such invoice shall not considered to be evidence of performance by the CONSULT ANT to the
point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by
such invoice. The CITY shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may inhibit
execution of the work. The CONSULT ANT shall also submit an accurate updated schedule, and
an itemized description of the percentage of total work completed for each phase during the
billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task
Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard
billing rates shown in Attachment B to the Contract of those principals and employees engaged
directly on the work.
Compensation for design services shall be invoices based on the sum of all actual costs incurred
in the performance of the work, including all direct, payroll, overall and profit cost in an amount
not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task
Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred
expenses, labor hours and costs by authorized Task.
Overtime may be performed at the discretion of the CONSULTANT, but the premium time
portion of the overtime will not be billed to the CITY unless the CONSULT ANT has requested
acceleration of the scheduled work in writing.
The total compensation for work completed under this agreement shall be in an amount not-to-
exceed Fifty-Five Thousand Dollars ($108,485) as detailed in the following Task Packages:
The total compensation for work completed under this agreement is detailed as follows:
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REVISION DATE: June 2004
Phase I:
Task 1 -
Initial Surveying and Data Gathering
Option 1:
Heavy Cleaning of Approximately (3,100 If.) of 18" - 24" Sanitary Sewer
Lines @ $6.00 Per LF. $18,600.00
CCTV Inspection of Approximately (3,100 If.) of 18" - 24" Sanitary Sewer
Lines @ $1.50 Per LF. $ 4,650.00
Bypass Pumping (Lump Sum) $25,995.00
Mobilization Charge (Lump Sum) $ 4,995.00
Total Option 1 Estimate $ 54,240.00
Additive Option 2: Heavy Cleaning of Approximately (2,250 If.) of 18" Sanitary Sewer Lines @
$6.00 Per LF. $13,500.00
CCTV Inspection of Approximately (2,250 If.) of 18" Sanitary Sewer Lines @
$1.50 Per LF. $ 3,375.00
Bypass Pumping
$15,760.00 Lump Sum
Total Option 2 Estimate
$ 32,635.00
Task 2 -
Project Oversight, Evaluation and Report
Project Oversight, Evaluation of
CCTV Data, Report and Cost
Estimate $ 21,610.00
Total Phase I Services (Including Option 2)
$108,485.00
ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel
below, including a designated Program Manager will not change or be reassigned without the
written approval of the CITY. Those personnel committed for this work are as follows:
I Scott P.M. Godefroy, P.E.
I Project Manager
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REVISION DATE: June 2004
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
Upon receipt of the executed contract and notice to proceed, the cleaning and televising of the line
should be complete in three to four weeks. Upon receipt of the data our report will be delivered
in two weeks.
AUGUST A UTILITIES DEPARTMENT
BY: if. (Y[J; Ik~
I (
PRINTED NAME: ,JtM"''l..IJ.~d,IVS
DATE:
1/13/07
DATE:
J ~ ur1 ~ . t?1i1W
VI c.- f f Uf I t?$,...Jr
Jut y 11 '200-'
,...
TITLE: DIRECTOR
TITLE:
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.
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REVISION DATE: June 2004