HomeMy WebLinkAboutAvondale Heights
Augusta Richmond GA
DOCUMENT NAME: ftvondale {/12"5 hf~
DOCUMENT TYPE: UlJ(eeJ'V/.f.ftcf'
YEAR: ~ 6 l) )
BOX NUMBER:: ):2-
FILE NUMBER: J 54'=; g
NUMBER OF PAGES:
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ST A TE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
,
CONSULTANT
,-. MAY 1 0 2001 L
~.: ~': .... . .-- ".... ... ".u.. '"
CONSULTANT: PM&A Consulting Engineers, Inc.
PROJECT: Avondale Heights (Rocky Creek Pocket), project No. 50115
DATE EXCECUTED: May 7, 2001
DATE COMPLETED:
PM&A Job No. 00053
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REVISION DATE: FEBRUARY 5. 2001
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STATE OF CEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
( CITY)
AND
CONSULTANT
This Agreement is made and entered into this 7th day of May, 2001 by and between AUGUST A, Georgia, a
political subdivision of the State of Georgia, hereinafter called the "CITY" and PM&A Consulting
Engineers, Inc., a Corporation authorized to do business in Georgia, hereinafter called the
"CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experience consulting firm to furnish professional
services for:
Sanitary sewe:rage works for selected properties located along Avondale Drive and an unnamed drive
directly to the west of Avondale Drive and located north of Old Church Road 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 CONSULT ANT that:
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GENERAL PROVISIONS
CONSULTANT has agreed in its Agreement with CITY to procure the services of licensed design
professionah: 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 -
Responsibilities of the Design Engineer on Utilities Projects and other relevant data defining the Project.
CONSULTANT COORDINATION
The CONSULT ANT 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. CONSULT ANT will re-perform any services not meeting this standard without additional
compensation.
AMENDMENTS TO AGREEMENT
Every amendment to tl1e 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 fwlds 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.
PROJECf 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 CONSULT ANT by the
CITY except ~;uits 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 CONSULT ANT 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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DEFINIT][ONS
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 CONSULTANT1s plans and work.
SubcontractoI_- 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
CONSULTAl\fT, 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 CONSULT ANT under this Agreement.
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CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including
Task Orders :;hall constitute the Agreement Documents.
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 dl~scribed in this Agreement as Attachment A shall be commenced upon receipt by the
CONSULT A\JT of a written Task Order authorization. The effective date of services shall be defined in
each Task Order authorization.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULT ANT 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 CONSULT ANT, 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 tl1at do not
involve an increase compensation schedule.
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
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 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 CONSULT ANT 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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5. ACCURACY OF WORK
The CONSU::"'TANT shall be responsible for tlle accuracy of the work and shall promptly correct errors and
omissions in its plans and specifications without additional compensation. The CONSULT ANT shall give
immediate attention to these changes so there will be a minimum of delay to others.
Acceptance cf the work by the CITY will not relieve the CONSULT ANT of the responsibility for
subsequent CJrrection 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 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 OJ: 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 con':ract may be a public record subject to Georgia's Open Records Act (O.CG.A. S 50-18-70, et
seq.). CONSCL T ANT shall coorporate 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.
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9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONSULT ANT shall fail to fulfill in a timely and proper manner its obligations
under this A.greement, or if the CONSULT ANT shall violate any of the covenants, agreements or
stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of
obligation w:.thin 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 CONSULT ANT 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. TERW:INA TION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULT ANT. The
CONSULT ANT shall be paid for any validated services under this Contract up to the time of termination.
11. COOEDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULT ANT 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 CONSULT ANT shall
fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and
carefully fit it:; 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
CONSULT ANT or by CITY employees.
12. COVE\TANT 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 conunercial 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 alU1Ul this Agreement without liability
or at its discre'ion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULT ANT 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 CONSULT ANT, its subcontracts, or agent in the negligent performance or non-performance of work
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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 tl1is 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 fil1ancialloss resulting from injuries occurring to persons or property or occurring as a result of
any negligent error, act, or omission of the CONSULT ANT 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. Public 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 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 ::1amed 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) daysl written notice to the CITY. Such policies shall name the CITY as
co-insured, e>:cept 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.
15. PROHIBITED INTERESTS
15.1 Conflict of Interest: The CONSULT ANT agrees that it presently has no interest and shall acquire no
intere~it, 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 Intere1it 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.
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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 CONSULTANT
will not discriminate against any employee or applicant for employment because of race, creed, color, sex
or national o:rigin; (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 A\JT shall be responsible for insuring that its employees shall not be involved in any manner
with the unla.wful 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.
CONSULTA\JT shall notify the appropriate federal agencies of an employee who has a criminal drug
statute convktion for workplace violation.
CONSULT A\JT may require drug or alcohol testing of employees when contractually or legally obligated,
or when good business practices would dictate.
20. ANTI-KICKBACK CLAUSE
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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 ~;uch 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 wo:rk under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as tl1e 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 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 CONSULT ANT
against all claims arising out of such use of documents and materials without the CONSULTANT's
knowledge and written consent.
23" VERBAL AGREEMENT OR CONVERSA nON
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.
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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:
PM&A Consulting Engineers, Inc.
609 Broad Street
Augusta, Georgia 30901
Copy to:
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street
Augusta, GA 30901
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REVISION DATE: FEBRUARY 5.2001
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
BY:
PRINTED NAME:
TITLE: MAYOR
TITLE: President
DATE:
~p=/
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT, in order to determine the requirements of the Project, shall review the
information in Attachment A - Responsibilities of the Design Engineer on Utilities Projects.
CONSULT ANT 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.
PROTEC:~ UNDERSTANDING
Upon request from the CONSULT ANT, CITY may provide all criteria and full information as to
CITY's and CONSULTANT'S requirements for this part of the project, including design
objective:; and constraints, space, capacity and performance requirements, flexibility and
expendability, and any budgetary limitations. CONSULT ANT may request from the CITY to
furnish data, reports, surveys, and other materials that may be relied upon in performing
CONSUL T 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 thi~; 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
CONSULT ANT.
CONSULT ANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 -Insurance.
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CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECf. 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 COKSULTANT 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 PROJECf
constructi on.
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, b::md 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 CONSULT ANT'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.
LITIGATJON 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 CONSULT ANT by CITY, except
for suits 01' claims between the parties to this AGREEMENT, will be reimbursed as additional
services.
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ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
The intended goal is to provide sanitary sewerage works for selected properties located
along Avondale Drive and an unnamed drive directly to the west of Avondale Drive
and located north of Old Church Road in the residential area of the Rocky Creek Basin,
as defined by the Augusta Utilities Deparhnent. The original project description calls
for an additional sanitary sewer line along a portion of Lutheran Drive. Lutheran Drive
extends south from Washington Road to Fairfax Drive. PM&A interviewed occupants
of two homes located on Fairfax Drive and found that 1) the Property located at the
north west end of Fairfax Drive having Lutheran Drive for a west boundary has
recently had a sanitary sewer line installed with an easement that leads from the
Lutheran Church that is sited on Washington Road. A manhole is located in the
residence's back yard from which the new sanitary sewer runs east towards the existing
system on Avondale Drive; and 2) the unnamed road that leads south from its
intersection with Lutheran and Fairfax Drives to three parcels is situated on both
private property and an apparent easement, based on the City's tax map for the area.
(For the purpose of this project, services are not proposed for the segment located along
Lutheran Drive as originally defined in the City's request for proposal.)
DESIGN OBJECTIVES:
PHASE I - EngineerinYTopographical Survey; and Concept
DesignjEv al uationfReport
1) The existing sanitary sewers man holes surrounding the defined pocket will be
surveyed: located, opened and investigated for existing inverts, and pipe diameters.
This information will be compared with the city's plans of the existing system.
2) Detailed topography will be obtained of the streets and associated right-of-way for
the residential area's streets. Research will be conducted at the court house to
obtain current property and easement/ right-of-way information. GPS will be
performed by William Gore Land Surveyor and address 3 or 4 points.
3) A preliminary evaluation will be performed to determine the optimum routing for
new piping within the City's streets right-of-way along Avondale Drive and
through private property for which the unnamed drive defined above is located,
consi5tent with the standard of care used throughout the City's sewerage system
and/ Dr as specified in the Augusta Utilities Design Standards and Specifications.
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4) An opinion of probable costs will be made for the estimated construction costs as
well as the acquisition of easements and/ or right-of-way as required by the actual
routings proposed for the new sewer piping.
5) A Concept Report will be prepared for the City's use showing the conceptual
rouling and the opinion of probable costs for construction of the new sewer lines
and appurtenances. Five (5) copies of the report shall be provided to the City for
reVIew.
PHASE II - Construction Documents
I) Upon the City's approval of the Concept Report, PM&A shall, with the citis notice to
proceed, advance the concept design to final and issue the plans for construction, (see Phase
III - Bids). PM&A shall provide five (5) sets of plans and specifications to the City for
review of the 90% Review submittal. Review stages, in addition to the 30% Concept Study,
shall be a 90% Review followed by the 100% Final Design. PM&A shall prepare and edit
spec:ifications for construction utilizing those sections of the Design Standards &
Construction Specifications issued by The Augusta Utilities Department that are pertinent to
this project.
2) Easements and/or right-of-way acquisition will be required. PM&A, with the approval of
the city, shall authorize William Gore, a Georgia Professional Land Surveyor, to proceed
with the preparation of the right-of-way and/or easement plats where needed as required in
the Final Design.
3) Estimated Design Drawing List (7 Sheets)
Cover/Location Plan/Index Sheet
Plan & Profiles, (1"=401 H, 1"=51 V)
Avondale Drive
Fairfax Drive
Unnamed Drive
EroS:lon Control Plan/Notes Sheet
Civil/Sanitary Details Sheet
1 Sheet
1 Sheet
2 Sheets
PHASE HI - Bids
1) PM&:A shall prepare proposal forms and prepare contract documents with the
assistance of the City.
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2) PM&:A shall provide to the City 15 (fifteen) sets of drawings and specifications (i.e.
contract documents) on bond stock for their use in issuing to contractors interested
in bidding the project.
3) PM(~A shall attend the bid opening, tabulate, certify and evaluate bids and
recommend a contractor, based on the bids received.
4) PM(~A shall prepare a notice of award, five (5) sets of contract documents, and
notice to proceed for issue by the City. PM&A shall obtain contract signatures from
the contractor(s) for the City.
PHASE IV - Construction
1) PM&:A shall attend the preconstruction conference and other meetings during the
construction phase when requested by the City.
2) Rev:tew contractor submittals for materials, construction methods, etc. when
requested by the City.
3) Provide consultation and assistance to the City's resident inspector when requested
by the City.
4) Revi.ew and approve contractor's montWy payment requisitions, i.e. upon receipt of
the contractor's monthly payment requisition by the City, PM&A and the City's
resident inspector will conduct an inspection of the project and check the
requisition as to work complete and materials stored at the site. PM&A will check
for mathematical correctness and recommend approval for payment by the City to
the contractor when satisfied with the specifics presented by the contractor.
5) Prepare contract change orders when requested by the City.
6) Make final inspection of the project with the City's representatives and check and
approve the contractor's final payment requisition.
7) Provide the City with a set of Record Drawings - revise the drawings issued for
construction to reflect the completed project based on information provided by and
defined by the City's resident inspector and the contractor. The resulting Record
Drawing;s will be prepared based on information provided by others; therefore, PM&A
shall not be responsible for any errors or omissions which may be incorporated therein
as a result.
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ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of this Agreement as follows:
Phase I Compensation-
PM&A E.hall be paid the lump sum of $11,750 for the scope of work defined for the
engineering survey and concept report; including GPS for the points required as stated
in the City's Section 14D, Plan Submittal, Design Standards & Construction Specifications.
Phase II Compensation-
PM&A shall be paid the additional lump sum of $11,550 for completing the design
work for the defined Rocky Creek Basin Pocket sewerage system. This total
comperu:ation includes boundary survey and easement plats for routing the sanitary
sewer through what is now private property.
Phase III Compensation-
PM&A s:~all be paid the additional lump sum of $3,900 for the services defined for the
bids.
Phase IV Compensation-
PM&A shall be paid the additional lump sum of $3,000 for the work defined herein
assuming the construction lasts for a period of three (3) months.
EXCLUSIONS:
Not included in this proposal are the costs associated for 1) additional sets of drawings
other than those described above, and 2) any other items not specifically addressed
herein.
ADDITIONAL SERVICES:
Should The City Of Augusta's Utilities Department require additional services, PM&A
will provide a lump sum proposal per service.
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REVISION DATE: FEBRUARY 5. 2001
The CONSULT ANT 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 umeasonably 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 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 en the work.
Comperuation 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 r.ot-to-exceed the compensation set forth in any authorized Task Order. All invoices
submitted by the CONSULT ANT shall be detailed to reflect incurred expenses, labor hours and
costs by a.uthorized Task.
Overtime may be performed at the discretion of the CONSULTANT, but the premium time
portion oJ the overtime will not be billed to the CITY unless the CONSULT ANT has requested
acceleration of the scheduled work in writing.
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ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULT ANT 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:
Paul M. Kavak, P.E.
Program Manager
Brian R. Barefoot
Civil En~;ineer
Niki Forbes
Civil Designer
William R. Gore, RLS
Land Surveyor
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ATTACHMENT D - SCHEDULE FOR PERFORMANCE
PM&A will commence work within two weeks upon written receipt of notice to
proceed. PM&A estimates the following times for completion of the individual phases:
Phase I .. Survey/Concept Design Report
Phase II - Construction Documents
Phase II:: - Bids
Phase IV-Construction
8 weeks
9 weeks
9 weeks
13 weeks
UPon completion of Phase I, work on the subsequent phases will not begin until written
notice to proceed is received from the City for each of the three remaining phases. The
above proposed times are for PM&A's involvement and do not include the City's or
other jurisdictional agency's times for review, etc. An estimate of the project schedule,
prepared using Microsoft's Project 2000, is attached for the City's consideration.
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CONSULTANT SERVICES
As a part of this Agreement the CONSULT ANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
6Deta:lled 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.
[3"'Cost Proposal that will include cost of surveying, design, preparation of construction plans
and ~;pecifications, and other services requested in the CITY's Request for Proposal.
0;( Schedule for submittal of review documents at 30% and 90% completion; and final
documents.
Prior to submitting 301Yc, review documents:
[!( 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.
l]( Site Plan (If Required)
Throughout project:
Q{ Prepare printed responses to comments received from the CITY following reviews.
or 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.
ut'Prepare and submit plans to EPD for review and approval when required.
I](" Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications
}latest version). Specifications must mirror that provided by the CITY.
[3' Prepare construction cost estimates at each review stage, 30%, 90%, and with the submittal
of Fin3.1 documents. Provide cost breakdown for any items to be lump sum in the
construction contract.
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Upon completion of design:
or Coordinate with the City Purchasing Department to advertise the project.
!]I' Fax bid information to CITY.
Gr Attend bid opening.
Gt Prepare letter of recommendation for award of the contract.
(]" Attain contractor's/other signatures on the contract documents and forward to the CITY.
c:J Invite attendees to, and conduct, the pre-construction meeting.
S' Provi.de clarification related to the plans/ specifications throughout design and construction.
cJ Provide record drawings at completion of the project electronically, per the Utilities Design
,/Standards and Specifications (latest version).
o 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 CONSULT ANT
to CITY)
. P.rovide clarification of plans and specifications throughout construction
. Revise/update plans and/ or easement plats as changes occur that require resubmittal to
DOT / other agencies.
AUGUST A UTILITIES DEPARTMENT
BY:
-4l!ofJk4
tI uJ A X d t!Jt:..s
. ,
CONSULT ANT:
PM&A Consulting Engineers, Inc.
~~~=iE
PRINTED I\!AME:
TITLE: D::RECfOR
If/tI y 10; too I
DATE:
TITLE: PRESIDENT
DATE: ~/~kol
::OGRAM~~
PR;NTE~~E - ........ ~ S'uA'
TITLE: R~.-14Ar. M~ ~5 ~...
~ 10, 'Zoot
DATE:
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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:
I t is the responsibility of the CONSULT ANT 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 tbe duty of the CONSULT ANT to protect the safety, health and welfare of the public in the performance of their
professional duties.
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