HomeMy WebLinkAboutConsultant Serviace Agreement Gannett Fleming Inc
Augusta Richmond GA
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ST ATE OF GEORGIA
RICHMONDCOUNfY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT: Gan t'\t.tt F ll-VV\ ivlj, Ir'\c.
PROJECT: IObCtClO f.oaJ. l~" WtLtcr Ma.,x .tt!>Y\.St'Ut.tt~n )eY'vjc~
DATE EXCECUTED: Tu.ne lq, At')O;l
DATE COMPLETED:
1 OF 23 REVISION DATE: FEBRUARY 5,2001
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ST A IE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this J ~ + ~ day of T U ~ ' 2002.by and
between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY"
and Gat'Wlt..+1- Fl~r1'1I>>4! 7CY1C-') a Corporation authorized to do business in Georgia,
hereinafter called the "CONSUL ANT. II
WHEREAS, the CITY desires to engage a qualified and experience consulting fil'm to fmnish professional
services for:
C DnstffA~ r;()}1
lYIa ;/1
5erV{W -{or T~( To>>acco RoaA 1~"";"cJ1 W4+er
(project description); 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, i! is agreed
by and between the CITY and the CONSULT ANT that:
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REVISION DATE: FEBRUARY 5, 2001
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GENERAL PROVISIONS
CONSULTANT has agreed in its 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 -
Responsibilities of the Design Engineer on Utilities Projects and other relevant data defining the Project.
CONSULT ANT 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 CrT;Y, 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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REVISION DATE: FEBRUARY S, 2001
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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 ANTIS services and compensation under this Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion.
LITIGATION
Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support,
prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY
except in consideration of compensation. All such services required or requested of CONSULTANT by the
CITY except suits or claims between the parties to this Agreement will be reimbursed as additional
servIces.
BINDINGS
It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its or their
successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither
CITY nor the 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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REVISION DATE: FEBRUARY 5, 2001
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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 tlle 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 tlle 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.
Subcontractor - means any person, firm, parmership, joint venture, company, corporation, or entity having
a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part
of the Work called for by this Agreement.
Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by
CONSULTANT, effecting an addition, deletion or revision:in the Work, or an adjustment III 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: FEBRUARY 5, 2001
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CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including
Task Orders shall 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 requin~ments in the component pal"ts of this .
Agreement, the several Agreement Documents shall tCl.ke prec~dence in the following order:
1. Agreement - Including Attachments
2. General Conditions
3. Supplemental Conditions - Including Task Orders
6 OF 23 REVISION DATE FEBRUARY 5, 2001
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GENERAL. CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY,
and herein described in this Agreement as Attachment A shall be commenced upon receipt by the
CONSULTANT of a written 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 CONSULTANT under this Agreement will
be the level of care and that is ordinarily used .by members of CONSULTANT'S profession practicing
under similar conditions.
3. CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performed hereunder. All such changes,
including any ipcrease 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 <ill 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 ot 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 personnet including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C
- Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be
permitted in the 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: FEBRUARY 5, 2001
5. ACCURACY OF WORK
The CONSULTANT shall be responsible for the accuracy of the work and shall promptly conect enors 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 clariiication 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 pubIishe~ 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 CONSULTANT with such prior approval, the same shall be regarded as
public information and no longer subject to the restrictions of this Agreement.
7. OPEN RECORDS
CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided
under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. S 50-18-70, et
seq.). CONSULTANT shall coorporate 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 CONSULT ANT 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, speciiically 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: FEBRUARY 5. 2001
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, agTeements 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 aioresaid 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 teTmination.
In such event, all finished or unfinished documents, maps, data, ~tudies, work papers and Teports prepaTed
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 paTt or in whole upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated services under this Conh'act up to the time of termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall
fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and
caTefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT
shall not commit or permit any act which will interfere with the. performance of work by any other
CONSULTANT or by CITY employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not
received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For
breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability
or at its discretion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
13. RESPONSIBILITY FOR CLAIMS AND LIA.BILITY
The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold haTmless 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-perfoTmance of work
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REVISION DATE: FEBRUARY 5. 2001
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 or occurring as a result of
any negligent error, act, or omission of the CONSULTANT during the term of this Agreement.
The CONSULTANT shall provide, at all times that this agreeme~t is in effect, Worker's Compensation
insurance in accordance with the laws of the State of Georgia.
The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not
less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries,
including those resulting in death to anyone person, and in an amount of not less than One Million
($I,OQO,OOO) 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 named as an addition~ insured with respect to CONSULTANT's liabilities hereunder in
insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as
co-insured, except for worker's compensation and professional liability policies, and a copy of such policy
or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.
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.
10 OF 23 REVISION DATE: FEBRUARY 5, 2001
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 AgI'eement, 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 CONSULT ANT shall not assign or transfer whether by an assignment or novation, any of its rights,
obligations, benefits, liabilities or other interest under this Agreement without the written consent of the
CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT
will not discriminate against any employee or applicant for employment because of race, creed, color,sex
or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed
by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or
national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subconh'acts
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
CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner
with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance
in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property,
vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or
immediate discharge,
CONSULT ANT shall notify the appropriate federal agencies of an employee who has a criminal drug
statute conviction for workplace violation.
CONSULTANT may require illug or alcohol testing of employees when conh'actually or legally obligated,
or when good business practices would dictate.
20. ANTI-KICKBACK CLAUSE
11 OF 23 REVISION DATE: FEBRUARY 5, 2001
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 m all subcontracts
covermg work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal busmess 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 mak,e copies! excerpts or transcripts from such records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs mcurred 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 mspection by the CITY or any reviewmg agencies, and copies
thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of
this Article shall be mcluded m any Agreements it may make with any subconb'actor, 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, m whole or iil part, any reports, data, maps, or other materials prepared unde;r this
Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT
against all claims arismg out of such use of documents and materials without the CONSULT ANT'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 CONSULTANT to any
additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall
be m writing and appended hereto as prescribed m Article 3 above.
24. INDEPENDENT CONTRACTOR
The CONSULTANT. shall perform the services under this Agreement as an independent contractor and
nothing contained herem shall be construed to be mconsistent with this relationship or status. Nothing in
this Agreement shall be mterpreted 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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REVISION DATE: FEBRUARY 5. 2001
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:
k'. TOM c(a yo}::". f. ~.
(:;Ill. fl ytt+t' FJ-e.~';JJt~ I T::J1c.
8'1' I Of); ~ e: 3.>0
2.J..U93~~~JtA 30~::7'
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INe.
360 Bay Street
Augusta, GA 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
13 OF 23
REVISION DATE: FEBRUARY 5, 2001
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
BY:
CONSULTANT
R. "'J fJ?I/( (~!-
R. -roM C I", ('I<
R EJ I fJJ1tJ! D-ffic e M tll1t1Jer
AU
BY:
~RINTED NAME:
Cf" TITLE: MAYOR
PRINTED NAME:
TITLE:
DATE:
JU ~e Iltf. ::<~O~
,
DATE:
Copy To:
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
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REVISION DATE: FEBRUARY 5, 2001
CONSULTANT'S RESPONSIBILITIES
CONSULT ANT , in order to determine the requirements of the Project, shall review the
information in Attachment A - Responsibilities of the Design Engineer on Utilities Projects.
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
CONSULTANT'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 req~est from the CITY to
furnish data, reports, surveys, and other materials that may be relied upon in performing
CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the
project activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY
in association with this Agreement shall be subject to review. ~ .
The CITY may at any time request progress reports, prints or copies of any work performed
under this Agreement. Refusal by the CONSULT ANT to submit progress reports and/ or plans
shall.be cause to withhold payment to the CONSULT ANT 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.
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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REVISION DATE: FEBRUARY 5, 2001
CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all property owners or occup~ts of the intent to enter
properties for the purpose of accomplishing work in accordance with the practices of the CITY.
The CONSULTANT shall discuss with and receive approval from the CITY prior to sending
notic~s 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
constructiono
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONSULTANT's Services, or of
any defect in the work of CONSULTANT or construction conboactors.
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 cqsts of CONSULTANT for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by CITY. All such Services required or requested of CONSULTANT by CITY, except
for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional
services.
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REVISION DATE: FEBRUARY 5, 2001
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
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17 OF 23
REVISION DATE: FEBRUARY 5, 2001
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 CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the
CITY of the service covered by such invoice. The CITY shall pay any undisputed items
contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may
inhibit execution of the work. The CONSULTANT shall also submit an accurate updated
schedule, and an itemized description of the percentage of total work completed for each phase
during the billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task
Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard
billing rates shown in Attachment B to the Contract of those principals and employees engaged
directly on the work.
Compensation for design services shall be 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 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 ,.vill not be billed to the CITY unless the CONSULTANT has requested
acceleration of the scheduled work in writing.
18 OF 23
REVISION DATE: FEBRUARY 5,2001
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:
19 OF 23
. REVISION DATE: FEBRUARY 5, 2001
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
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20 OF 23
REVISION DATE: FEBRUARY 5, 2001
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
IJi'Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with
Cost Proposal clearly defining the CONSULTANT'S 1ll1derstanding of the project limits,
;;lesign objectives and CONSULTANT'S services to be provided.
e Cost Proposal that will include cost of surveying, design, preparation of conso"uction plans
and specifications, and other services requested in the CITY s Request for Proposal.
Gt'Schedule.for ~l.ll;-a;HttaJ of re'7i~w.7 dOCl:tffi.eflts at 30~(, eQ~~, ai....d 90~~ CQmFJt:>ho~; ~d will
.doCl:HiLCILtS.
Prior to submitting 30uft, review documents: III A-
D Lo 'te all existing utilities using available information collected b e CONSULTANT. Th~
CITY . furnish available information on water and sewer 10 . ons however the
CONSUL T must verify to CITY'S satisfaction.
D Provide CITY information on the project site(s) . cluding the following:
· Past and pres en se of the land (specilicall . entiiy any landfilling activities in the
area); identify any by designated wands
· Soil type(s)
· Boring results when require
line and existing site conditi rant.
· Brief description of the a (e.g., re . ential, commercial, induso"ial) including general
slope of the land, an hether trees, si etc. will be in conflict with the new facilities.
Include number properties affected and n ber of easements required with property
owners iden . led
· Identifi on of potential problems in meeting design
D Site PI (If Required)
Throughout proj ect:
~repare printed responses to comments received from the CITY following reviews.
D Provide the necessar, lats for easement acq . ltion and DOT/other permit application.
D Prepare Public Works/D Other permi pplications for signatme by the CITY.
D Prepare and submit plans to EP iew and approval when required.
D Prepare plans and specifications, ill ugusta Utilities Design Standards and Specifications
(latest version). Specifications st mirror t provided by the CITY.
D Prepare construction cost e ates at each revie . tage, 30%, 60%,90%, and with the
submitt~ of Final do nts. Provide cost breakdo r any items to be lump sum in the
construction contract
21 OF 23
REVISION DATE: FEBRUARY 5, 2001
. '
Upon completion of design: ,N lIt-
O dinate with the City Purchasing DepaT t to advertise the project.
o Fax bid ation to CITY.
o Attend bid openin .
o Prepare letter of recomme
o Attain contractor's ler signatures on contract documents and forward to the CITY.
o )nvite attend to, and conduct, the pre-constructio '.
( [k( Provid arification related to the plans/ specifications throughout design and consbuction.
01( l ji( Provide record dTawings at completion of the project electronically, per the Utilities Design
Standards and Specifications (latest version).
o Provide Senrices D . 19 Construction as
. Attend project mee' gs as sched Cl by the CITY .
. Recommend design ges as . ld conflicts aTise (site visits may be required)
. Review and approval of quests from the consb'uction Contractor (line of
communication will be co ction contractor to resident observer to CONSULTANT
to CITY)
. Provide clarification 0 plans and sp . 'cations throughout construction
. Revise/update pi and/ or easement ts as changes occur that requiTe resubmittal to
DOT / other agen . s.
AUGUST A UTILITIES DEPARTMENT
BY: Illlo-ri/dr
PRINTED NAME: tI, rrlt4-:'f.;It ~ It- 5>
BY:
CONSULT ANT
~.~~
R . ~M ClarK:..
Rf-j/MtJl O.({it.e ~Yl(J~
-1:JUl Eo 1'1, :J, ~ ~
PRINTED NAME:
TIT1..E: DIRECfOR
DATE: 6 / 21rfr ~
TIT1..E:
DATE:
PROGRAM MANAG.Y)
BY: ~~
PRINTED NAME: C;(!!t!Jr~ R. Dcc.,.,,~
~
TITLE ~ -:::rA ~M<F
DATE: ---Y! ~
22 OF 23
REVISION DATE: FEBRUARY 5, 2001
. .
ADDITIONAL SERVICES:
1. Revisions to the plans/ contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct
location given by CITY, incorrectly marked on plans by engineer) will be the responsibility
of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other
government agency at their request will be considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional sUlveying 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 perfomlance of their
professional duties.
23 OF 23
REVISION DATE: FEBRUARY 5, 2001
. '
Gannett Fleming
April 16, 2002
Mr. Bob Davis, P.E.
CH2M Hill
Suite 100
360 Bay Street
Augusta, Georgia 3090 I
Subject:
City Project No. 10106
Tobacco Road Water Main
Proposal for Professional Services During the Construction Phase
Dear Mr. Davis:
Gannett Fleming, Inc. (GF) is pleased to provide this proposal for providing engineering services
during construction of the 16-inch diameter water main from the Faircrest Booster Pumping
Station to the Elevated Storage Tank on Tobacco Road west of Windsor Spring Road. Our
proposed scope of services, schedule, and cost estimate is provided below.
SCOPE OF WORK
Task J - Site Visits
A GF project engineer will visit the project site on the second and fourth Mondays each month
(or as close to those days as possible) to observe the progress of the work, record observations,
and take photographs. GF will check in with the Contractor and/or the CH2M Hill project
representative during each visit. CH2M Hill will be notified if we have any concerns based on
our site visit.
A GF project engineer will attend the pre-construction conference and be available to answer
questions.
A GF project engineer will be available to attend up to four additional site visits/project meetings
on an as-needed basis during the construction phase.
The level of effort for this task assumes a total of 25 site visits (twice a month for 10 months
during construction, plus one for the pre-construction conference, plus 4 additional as-needed
visits). We understand there will be no written documentation submitted to CH2M Hill for this
task.
IIPC42708SISHARE\ProjcctsIAug Utilities Dept138753 ([obacco Road)IProposal for Construction Services. doc
,
. .
Task 2 - Respond to Questions and Requests for Information
GF will respond in writing to design questions and RFIs on an as-needed basis throughout the
project. GF will also be available to respond to questions regarding Contractor submittals, if
necessary.
Task 3 - Prepare and Submit Record Drawings
GF will prepare Record Drawings based on the Contractor's field copy of the marked up drawing
. set that has been reviewed and approved by CH2M Hill. GF will incorporate the red-lined
changes and prepare Record Drawings. GF will submit 1\\::0 full-size copies and one ele,ctronic
version of the Record Drawings along with the marked up Contractor set of plans to CH2M Hill.
SCHEDULE
GF will complete the above services during the construction phase of the project, which is
expected not to exceed 10 months. Record Drawings can be delivered within 3 to 4 weeks of
receiving the Contractor's marked up drawings that have first been reviewed and approved by
CH2M Hill.
COST ESTIMATE
GF proposes to complete the services described above on a time-and-materials, not-to-exceed
basis at the costs provided in Table 1. GF will invoice the City monthly based on the labor rates
presented in Table 1. We will perform our work in accordance with the existing professional
services contract that was used for the. design project.
We appreciate the opportunity to provide these services to the Augusta Utilities Department and
CH2M Hill, and we look forward to working with you on this project.
Sincerely,
GANNETT FLEMING, INe.
R..~ c&~
R. Tom Clark, P.E.
Regional Office Manager
\\PC42708S\SHARE\Projects\Aug Utilities Dept\38753 (Tobacco Road)\Proposal for Construction Services.doc
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Attn
INSURED
Ext
DATE (MM/DDIYY)
06/19/2002
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY ers ty
A
);;::~
PRODUCER (717) 761-4600
Gunn-Mowery Insurance
P. O. Box 900
Camp Hill, PA 17001-0900
FAX (717)761-6159
Group, Inc.
Gannett Fleming, Inc
P.O. Box 67100
Harrisburg, PA 17106-7100
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, N,OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS
LTR DATE (MMIDDlYYf DATE (MMIDDIYY)
PROPERTY BUILDING $
~,..
CAUSES OF LOSS PERSONAL PROPERTY
. .
BASIC BUSINESS INCOME $
BROAD : EXTRA EXPENSE $
P"
SPECIAL BlANKET BUILDING $
" EARTHQUAKE ! BLANKET PERS PROP $
FLOOD BLANKET BLDG & PP $
...........:
$
.........".
$
, INLAND MARINE $
TYPE OF POLICY
$
....
CAUSES OF LOSS
;..........:
NAMED PERILS $
. .
OTHER $
CRIME
TYPE OF POLICY $
$
BOILER & MACHINERY $
- $
OTHER !p630939K4213 01/01/2002 01/01/2003 iLIMIT
VAL.UABLE PAPERS U,OOO,OOO.
A
LOCATION OF PREMISES/DESCRIPTION OF PROPERTY
SPECIAL CONDITIONS/OTHER COVERAGES
UGUSTA, GEORGIA, AUGUSTA UTILITIES DEPARTMENT IS CONSIDERED AS LOSS PAYEE
ITH REGARD TO VALUABLE PAPERS.
IVISION 110 - AUGUSTA [DM]
l~:~~r
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
AUGUSTA, GEORGIA
AUGUSTA UTILITIES DEPARTMENT
ATTN: MAX HICKS
360 BAY STREET
SUITE 180 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES,
AUGUSTA, GA 30901 AUTHORIZED REPRESENTATIVE ~"' ';m~
~~q~jW~~R~~~F!iiJi@tiiiiig@11tiii~j8ji@;Jillrg;i~miii;t!1ljilwl;t*i]@.l@@.[ti;*jtj8m@.js;~fffit~~i~.~i~jli]t~i~it~i"~M~iiill;;Mijil@;ji~~=lq~~~~lID1tttti![:
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
f,' ..
CERTIFiCATE .. fN:SURANCE. I O,;"fE.ir~M!DD,"!!Y)
i ACORD:. OF LIAalLITY
j .~----:--.._.1W.. {lS/O!l~Qq2
f J'"omJCE;~ 01.7):.61-4600. FAX en 7)161'"6159 I THISCERTIFICATEI$ lSSUEP ASAMA TtER QFINFORMATION.
Group. Inc. ONL y ANO'CO~FERS NORIGHTSUPQN.THE,CERTIF1qATE ..
Gunn-Mower.y ~nsurance J HOUDER-THIS G.ERTlF1CATE.POES NOT AMeND. 'EXTENO'OR
P. 0, 80x 900 I .Al, TER THE'.COV.EAAGE.AFFORQEQ..~YTHE.'PQLICIES. BE.~~W.
I
Camp Hin, PA 17001....0900. I iNStiRERS AFFb.ROING C(JVEP.AGE
i _.......
i 1I15lJl<~O GaMe:tt Flemi "g. Inc.. il~<;~Rl'&A'.. PMA Irisuraoc:.e .'Croup ... ...
I P. n. Bo"x 6710"0 . . St. 'Pau 1 'Insurance.
u. 11;>!sJRP'<.~"
Harr;:sbt.:rg,. PA 1]-106... 7100 i 'I"Sl)R::E<.~.
. I, ........ ...
I ! 1iN5i;'!si'l.O'
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