HomeMy WebLinkAboutATLANTIC COAST CONSULTING TO REPAIR UPGRADE GAS COLLECTION AND CONTROL SYSTEM AT LANDFILL CONSULTANT SERVICES AGREEMENT
BETWEEN
"AUGUSTA, GEORGIA"
AND
"ATLANTIC COAST CONSULTING"
This Agreement is made and entered into this a 9‘) day of 2010 by and
between , Augusta, Georgia, a consolidated government and politica subdivision of the State of
Georgia hereinafter called "Augusta" and Atlantic Coast Consulting, a Corporation authorized to
do business in Georgia, hereinafter called the "Consultant."
Whereas, Augusta desires to engage a qualified and experienced consulting firm to furnish
professional services for:
"Engineering, Construction Quality Assurance, Project Management and Environmental
Monitoring"
Whereas, the Consultant has represented to Augusta that it is experienced and qualified to
provide the services contained herein and Augusta has relied upon such representation.
Now, therefore, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between Augusta and the Consultant that:
The Consultant shall gather from Augusta all available data and information pertinent to the
performance of the services for the project. Augusta shall have the final decision as to what data
and information is pertinent.
The Consultant shall ensure that the data and information meet applicable standards as specified
herein.
The Consultant shall report in writing any discovery of errors or omissions contained in the data
and information furnished by Augusta.
The Consultant shall visit and become familiar with the project site and shall become
acquainted with local conditions involved in carrying out this Agreement. The Consultant may
request that a representative of Augusta be present during the site visit.
The Consultant shall recommend and secure Augusta's written approval of, the manner of
project plans, presentation and the methods to be used in the plan preparation so that these plans
can be best utilized, as determined by the Consultant and approved by Augusta, in the orderly
preparation of the detailed construction plans, specifications, and contracts. Upon receipt of
Augusta's written approval of the manner of the project plan, presentation and methods of plan
preparation, the Consultant shall proceed with implementation of the project.
RIGHT TO ENTER
The Consultant shall notify all property owners or occupants of the intent to enter properties for
the purpose of accomplishing surveys or other field investigations in accordance with the
practices of Augusta. The Consultant shall discuss with and receive approval from the Solid
Waste Department prior to sending said notices of intent to enter private property. Upon request
by the Consultant, Augusta will provide the necessary documents identifying the Consultant as
being an authorized consultant of Augusta for the purpose described in the Agreement. If the
property owner or occupant denies the Consultant permission to enter, such incident will be
reported to Augusta and Augusta will initiate such action as is dictated by current policy and
procedure.
DIRECTOR OF SOLID WASTE
The Director of Solid Waste ( "Director ") or duly appointed representative(s) shall act as the
liaison between the Consultant and Augusta and all utilities, and authorities or governments
whose properties will be affected. All correspondence, data, information, and reports shall be
directed to the Director who will provide for proper distribution to the parties concerned.
The Consultant shall meet with Augusta for review of the work or submit in writing, a project
status update on a monthly basis or as determined by Augusta.
CONSULTANT COORDINATION
The Consultant shall cooperate fully with Federal and State officials, consultants on adjacent
projects, municipalities and local government officials, utility companies, railroads, and others,
as may be directed by Augusta. Such cooperation shall include attendance at meetings,
discussions, and hearings, as may be requested by Augusta, furnishing plans and other data
produced in the course of work on the project, as may be requested from time to time by
Augusta to effect such cooperation and compliance with all directives issued by Augusta in
accordance with this agreement.
It is understood and agreed that Federal and State regulators may have access to the work and be
furnished information as directed by Augusta.
ACCURACY OF WORK
The Consultant shall be responsible for the accuracy of the work and shall promptly correct its
errors and omissions without additional compensation.
Acceptance of the work by Augusta will not relieve the Consultant of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
At any time during the construction of the improvement provided for by the plans or during any
phase of work performed by others based on data secured by the Consultant under the
Agreement, the Consultant shall confer with Augusta for the purpose of interpreting the
information obtained and to correct any errors or omissions made by it. The Consultant shall
prepare any plans or data required by Augusta to correct its errors or omissions. The above
consultation, clarification, or correction shall be made without added compensation to the
Consultant. The Consultant shall give immediate attention to these changes so there will be a
minimum of delay to others.
CHANGE IN THE WORK
Augusta may at any time as the need arises, order changes within the scope of the work without
invalidating the Agreement. If such changes increase or decrease the amount due under the
Agreement or in the time required for performance of the work, an equitable adjustment shall be
authorized by change order.
Augusta reserves the right to make at any time such alterations in the character of the work as
Augusta may consider necessary or desirable to complete the proposed work in a satisfactory
manner and consistent with the intent of this Agreement. Notice of every such alteration or
change shall be given in writing to the Consultant by Augusta, and no such alteration or change
shall be considered as constituting a waiver of any of the provisions of this Agreement or as
nullifying or invalidating any of such provisions. Should any such alteration or change result in
an increase or decrease in the quantity or the cost of the work described in this Agreement, the
total amount payable under the Contract will be accordingly modified.
If alterations or changes are thus made, the Agreement time may be correspondingly modified, if
the Consultant so requests, and is mutually agreed upon by Augusta, before commencing the
work attributable to such alterations or changes.
It is understood and agreed that the Consultant shall perform all extra work that may be ordered
in writing by Augusta arising out of the modification of the specifications or drawings made or
approved by Augusta. For this extra work, the Consultant shall be compensated as provided
hereinafter and in the change order covering the additional services.
All change orders must be approved by Augusta and those governmental agencies whose
approval is required.
ADDITIONAL SERVICES
The Consultant may be required to perform additional services or tasks related to the work
outlined in the scope of this agreement that are specific to site conditions and are not typical in
nature. The Consultant shall, at Augusta request, submit a proposal indicating man hours and
costs to Augusta for approval. The Consultant shall not begin on any task until Augusta issues
written authorization to proceed.
PROFESSIONAL ENGINEER
The Professional Engineer, as employed by the Consultant, or his duly appointed
representatives shall act as the liaison between the Consultant and Augusta and all utilities, and
authorities or governments whose properties will be affected. Payments and fees of the
Professional Engineer are the sole responsibility of the Consultant. The Consultant shall
arrange for conferences and exchanges of data and information and for necessary approvals.
All correspondence, data, information, and reports shall be directed to the Professional Engineer
to provide for proper distribution to the parties concerned.
The Professional Engineer will expedite any necessary decisions affecting the performance of the
Consultant's Agreement, but the Consultant shall not make use of the Professional Engineer's
services on trivial or minor matters normally to be decided by the Consultant and at
Consultant's expense.
DELIVERY OF NOTICES
All written notices, demands, and other papers or documents to be delivered to Augusta. Under
this Agreement shall be delivered to Augusta's office, 4330 Deans Bridge Rd, Blthye, Georgia,
30805 Attention: Director of Solid Waste, or at such other place or places as may be
subsequently designated by written notice to the Consultant. All written notices, demands, and
other papers or documents to be delivered to the Consultant under this Agreement shall be
directed to the Consultant's Office: Atlantic Coast Consulting, Inc., 630 Colonial Park Drive,
Suite 110, Rosewell, Georgia 30074, Attention Richard T. Deason, P.E., or at such a place or
places subsequently to be designated in writing by the Consultant to Augusta.
SUPERVISION AND CONTROL
The Consultant shall perform the services required to accomplish the work as stated above
under such control and supervision by Augusta as Augusta may deem appropriate.
COVENANT AGAINST CONTINGENT FEES
The Consultant shall comply with the relevant requirements of all Federal, State, County, or
local laws. The Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Consultant, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any company or person, other than a
bona fide employee working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making
of this Agreement. For breach or violation of this warranty, Augusta shall have the right to annul
this Agreement without liability, or, at its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage.
brokerage fee, gift, or contingent fee.
EMPLOYMENT OF AUGUSTA'S PERSONNEL
The Consultant shall not employ any person or persons in the employ of Augusta for any work
required by the terms of this Agreement, without the written permission of Augusta except as
may otherwise be provided for herein.
REVIEW OF WORK
Authorized representatives of Augusta may at all reasonable times review and inspect the
project activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computations prepared by or for the
Consultant, of its professional obligation to correct, at its expense, any of its errors in work. The
Solid Waste Department may request at any time and the Consultant shall produce progress
prints or copies of any work as performed under this Agreement. Refusal by the Consultant to
submit progress reports and /or plans shall be cause to withhold payment to the Consultant until
the Consultant complies with Augusta's request in this regard. Augusta's review
recommendations shall be incorporated into the plans by the Consultant. Augusta may collect
statistical data relating from Consultant and /or Consultant's business and subcontractors and
Consultant expressly agrees to provide such information.
INSURANCE
Prior to beginning work, the Consultant shall obtain and furnish certificates to Augusta for the
following minimum amounts of insurance:
A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia.
B. Public Liability Insurance in an amount of not less than One Hundred Thousand
($100,000.00) Dollars for injuries, including those resulting in death to any one person,
and in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on
account of any one occurrence.
C. 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.
D. Comprehensive Automobile Liability Insurance including operation of owned, non -
owned and hired automobiles, covering bodily injury and/or property damage with limits
of One Million Dollars ($1,000,000) per occurrence.
E. Professional Liability Insurance in an amount of not less than One Million
($1,000,000.00) Dollars or if required, an amount that correlates to the amount of this
agreement and nature of the project.
F. The Consultant shall procure and maintain, at his own expense, during the life of the
Agreement, in accordance with the provisions of the laws of the state in which the work
is performed, Workman's Compensation Insurance, including occupational disease
provisions, for all of his employees at the site of the project and in case any work is
sublet, the Consultant shall require such subcontractor similarly to provide Workman's
Compensation Insurance, including occupational disease provision for all of the latter's
employees unless such employees are covered by the protection afforded by the
Consultant. In case any class of employees engaged in hazardous work under this
Agreement at the site of the project is not protected under Workman's Compensation
statute, the Consultant shall provide and shall cause each Subcontractor to provide
adequate and suitable insurance for the protection of his employees not otherwise
protected.
G. Each insurance policy shall be renewed at least ten days before the expiration date
thereof.
H. Insurance policies must be carried by a recognized insurance company licensed to do
business in the state in which the project is constructed and approved by Augusta's
General Counsel or other designated legal representative.
I. The Consultant shall not commence work under this Contract until he has obtained all of
the insurance required and such insurance has been approved by Augusta, nor shall the
Consultant allow any subcontractor to commence work on his subcontract until the
insurance required of the subcontractor has been so obtained and approved. In the event
any insurance coverage should be canceled or allowed to lapse, the Consultant will not
be permitted to work until adequate and satisfactory insurance is in effect. Failure to
keep insurance policies in effect WILL NOT be cause for any claims for extension of
time under this Contract.
J. The Consultant shall furnish a certificate of insurance indicating that the Consultant has
coverage in accordance with the requirements herein set forth to the Solid Waste
Department within thirty (30) days from the execution of the contract. Consultant agrees
that Augusta will make no payments pursuant to the terms of the contract until all
required proof or evidence of insurance has been provided to the Augusta, Georgia
representative. Consultant agrees that the insurer shall waive its rights of subrogation, if
any, against Augusta. These shall be completed by the authorized Resident Agent and
returned to the Solid Waste Department. This certificate shall be dated and show:
(1) The name of the insured Consultant, the specified job by name, name of the
insurer, the number of the policy, its effective date and its termination date.
(2) Statement that the Insurer will mail notice to Augusta at least thirty (30)
days prior to any material changes in provisions or cancellation of the
policy.
RESPONSIBILITY FOR CLAIMS AND LIABILITY AND INDEMNIFICATION
The Consultant shall be responsible for any and all damages to properties or persons caused by
its employees, subcontractors, or agents and shall indemnify, hold harmless and defend Augusta,
its officers, agents, and employees, from or on account of any claims, losses, expenses, injuries,
damages, or liability resulting or arising from Consultant's negligent performance of services
pursuant to this contract, excluding any claims, losses, expenses, injuries, damage, or liability
resulting or arising from the actions or negligence of Augusta, its officers, agents, or employees.
The indemnification shall obligate the Consultant to defend, at its own expense, any and all
claims and suits brought against Augusta, which may result from Consultant's negligent
performance or of services pursuant to the contract. These indemnities shall not be limited by
reason of the listing of any insurance coverage.
The Consultant will indemnify and save Augusta or Augusta's agents harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, and mechanics.
material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies,
incurred in the furtherance of the performance of the work. The Consultant shall, at Augusta's
request, furnish satisfactory evidence that all obligations of the nature designated above have
been paid, discharged, or waived, if the Consultant fails to do so Augusta may, after having
notified the Consultant, either pay unpaid bills or withhold from the Consultant's unpaid
compensation a sum of money deemed reasonably sufficient to pay any and all such lawful
claims until satisfactory evidence is furnished that all liabilities have been fully discharged
whereupon payment to the Consultant shall be resumed, in accordance with the terms of the
Agreement, but in no event shall the provisions of this sentence be construed to impose any
obligations upon Augusta to either the Consultant, his Surety, or any third party. In paying any
unpaid bills of the Consultant, any payment so made by Augusta shall be considered as a
payment made under the Agreement by Augusta to the Consultant and Augusta shall not be
liable to the Consultant for any such payments made in good faith.
SAFETY
The Consultant shall take the necessary precautions and bear the sole responsibility for the
safety of the methods employed in performing the work. The Consultant shall at all times
comply with the regulations set forth by federal, state, and local laws, rules, and regulations
concerning "OSHA" and all applicable state labor laws, regulations, and standards. The
Consultant shall indemnify and hold harmless Augusta from and against all liabilities, suits,
damages, costs, and expenses (including attorney's fees and court costs) which may be imposed
on Augusta because of the Consultant, sub - contractor, or supplier's failure to comply with the
regulations.
COMPENSATION
Augusta shall compensate the Consultant for services, which have been authorized by Augusta
under the terms of this Agreement.
The Consultant may submit to Augusta a monthly invoice, in a form acceptable to Augusta and
accompanied by all support documentation requested by Augusta, for payment for the services,
which were completed during the billing period. Augusta shall review for approval said
invoices. Augusta 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 Augusta,
are unreasonably in excess of the actual stage of completion of each phase. Augusta shall pay
each such invoice or portion thereof as approved, provided that the approval or payment of any
such invoice shall not be considered to be evidence of performance by the Consultant to the
point indicated by such invoice, or of receipt of acceptance by Augusta of the services covered
by such invoice. Augusta shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a 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.
It is understood and agreed that the approval of the progress payment request and the paying of a
partial payment shall not be construed as acceptance of any work, materials, or products and
shall not relieve the Consultant in any way from his responsibilities and obligations under this
Agreement.
A partial payment will not be made when, in the judgment of Augusta, the work is not
proceeding in accordance with any of the provisions of this Agreement.
RIGHT TO REQUIRE PERFORMANCE
A. The failure of Augusta at any time to require performance by the Consultant of
any provision hereof shall in no way affect the right of Augusta thereafter to enforce
same. Nor shall waiver by Augusta of any breach of any provision hereof be taken or
held to be a waiver of any succeeding breach of such provision or as a waiver of any
provision itself.
B. In the event of failure of the Consultant to deliver services in accordance with the
contract terms and conditions, Augusta, after due written notice, may procure the
services from other sources and hold the Consultant responsible for any resulting
additional purchase and administrative costs. This remedy shall be in addition to any
other remedies that Augusta may have.
AS SIGNMENT
Except as specifically authorized in this Agreement, the Consultant shall not assign, transfer,
convey, sublet, or otherwise dispose of any work or of any of its rights, title, or interests therein,
without the prior written consent of Augusta.
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Augusta - Richmond County, Georgia,
and all questions of interpretation and construction shall be governed by the Laws of the State of
Georgia.
All claims, disputes and other matters in question between Augusta and the Consultant arising
out of or relating to the Agreement, or the breach thereof shall be decided in the Superior Court
of Richmond County, Georgia. The Consultant, by executing this Agreement, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
CONTRACT TERMINATION
Pursuant to O.C.G.A. § 36- 60 -13, this Agreement shall terminate absolutely and without further
obligation on the part of Augusta at the close of the calendar year in which this Agreement is
executed and at the close of each succeeding calendar year for which the agreement may be
renewed by the parties hereto.
This Agreement shall nevertheless automatically be renewed unless Augusta provides written
notice to the Consultant of its intention to terminate the Agreement at least thirty days prior to
the close of the calendar year for which the Agreement is presently effective between the parties
and/or has been renewed by Augusta. This agreement shall obligate Augusta solely for those
sums payable during the initial term of execution or in the event of renewal by Augusta for those
sums payable in such individual renewal terms.
Notwithstanding the foregoing language, the Consultant agrees to continuously render the
professional services specified by the Agreement to Augusta for such terms or renewal terms as
are effective pursuant to this Agreement and for which Augusta agrees to pay in accordance
with the terms of the Agreement or any future amendments thereto.
Augusta 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.
SEPARATE CONTRACTS
Augusta reserves the right to let other contracts in connection with this project. The Consultant
shall afford other contractors /consultants reasonable opportunity for the execution of their work
and shall properly connect and coordinate his work with theirs. If the proper execution or results
of any part of the Consultant's work depends upon the work of any other consultant, the
Consultant shall inspect and promptly report to the Director any defects in such work that
render it unsuitable for such proper execution and results.
Augusta may perform additional work related to the project or may let other contracts containing
provisions similar to these. The Consultant will afford the other consultants who are parties to
such contracts (or Augusta, if Augusta is performing the additional), reasonable opportunity for
the execution of the work and shall properly connect and coordinate his work with theirs.
If the performance of additional work by other contractors /consultants or Augusta is not noted in
the Agreement prior to the execution of the Agreement, written notice thereof shall be given to
the Consultant prior to starting any such additional work. If the Consultant believes that the
performance of such additional work by Augusta or others involves him an additional expense
or entitles him to an extension of the contract time, he may make a claim therefore as provided in
Sections "Change in the Work ".
PERSONNEL
The Consultant represents that it has secured all personnel necessary to complete this
agreement, and all personnel engaged in the work shall he fully qualified and shall be authorized
or permitted under law to perform such services.
No changes or substitutions shall be permitted in the Consultant's key personnel as set forth
herein without the prior written approval of the Director of Solid Waste or his designee.
The Consultant shall employ in responsible charge of supervision and design of the work only
persons duly registered in the appropriate category; and further shall employ only qualified
surveyors in responsible charge of any survey work.
The Consultant shall endorse all reports, contract plans, and survey data. Such endorsements
shall be made by a person duly registered in the appropriate category by the Georgia State Board
of Registration for Professional Engineers and Land Surveyors being in the full employ of the
Consultant and responsible for the work prescribed by this agreement.
ELECTRONIC DOCUMENTS
The Consultant shall submit electronic files of all project related documentation including the
design calculation data files to Augusta.
TAXES, PERMITS AND LICENSES
The Consultant shall pay all applicable taxes levied by federal, state, and local governments and
obtain all permits on any part of the work as required by law in connection with the work. It is
understood and agreed that the cost of said taxes is included in the Agreement price(s) for the
work.
The Consultant shall procure all temporary and permanent permits and licenses necessary and
incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and
all costs thereof shall be deemed to be included in the Agreement price(s) for the work.
CONFIDENTIALITY
Except as required by the Georgia Open records Act, the Consultant agrees that its conclusions
and any reports are for the confidential information of Augusta and that it will not disclose its
conclusions in whole or in part to any person whatsoever, other than to submit its written
documentation to Augusta, and will only discuss the same with it or its authorized
representatives. Upon completion of this agreement term, all documents, reports, maps, data and
studies prepared by the Consultant pursuant thereto shall become the property of Augusta and
be delivered to the Director of Solid Waste.
Except as required by the Georgia Open records Act, 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 writing
of Augusta.
It is further agreed that if any information (not subject to disclosure under the Georgia Open
Records Act) concerning the project, its conduct, results, or data gathered or processed should be
released by the Consultant without prior approval from Augusta, 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 Augusta or by the Consultant with such prior
written approval, the same shall be regarded as public information and no longer subject to the
restrictions of this agreement.
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written
below.
Executed on behalf of Consultant.
AUGUSTA: , C
Au usta Geor is a e. Cc ' �" `
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Deke Copenhaver, Mayor 7 �+1 t� �1 �' rr t' j , ` d C 1 cep
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Approved Date: J i(( (t D Approved Date: Vi/7-0/ 0
[ATTACHED. ORPORATE SEAL]
AT; 1 ST / ATT :'.
BASIS OF PAYMENTS & COST PROPOSAL - Submitted in separate sealed envelope
The Basis of Payments for the services furnished by the CONSULTANT under this
Agreement shall be those necessary to perform the work, and provide the associated
deliverables, as outlined below.
SCHEDULE OF FEES
Note: Schedule of fees shall be in a separate sealed envelope from the technical
proposals. Failure to adhere to this may cause rejection of your proposal.
Service Level (include OH &P)
Professional Registered Engineer $115
Professional Registered Geologist $115
Certifying Professional Engineer $107
Project Manager $ 127
Project Engineer $93
Project Planner $93
Project Geologist $93
Construction Manager $91
CQA Project Manager $80
CQA Senior Site Monitor $63
CQA Site Monitor $49
Designer $64
Draftsman/CADD $49
Registered Land Surveyor $115
Two -Man Survey Crew $139
Admin. /Clerical $48
Other' $
Markup on other direct costs 5%
'Other (Include additional labor categories as needed)
2 A11 other direct project expenses and professional services are reimbursable at Cost
3 Hourly rates shall include overhead, profit, and applicable direct personnel expenses