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HomeMy WebLinkAboutConsultant Service Agreement Augusta Richmond GA DOCUMENT NAME:L 0 n'jl-L\taryt- 5eYvlc.e. ~ r-ee\'YltJV\t DOCUMENT TYPE: ~ re.e.\'Y"tYi+ YEAR: '2-00+ BOX NUMBER: 'L-O . FILE NUMBER: '\ '\ 04-0 NUMBER OF PAGES: 2-~ .?!="' CH2MHILl TRANSMITTAL To: Municipal Building 530 Greene Street, Room 806 Augusta, GA 30901 From: \/~ 1\0<--\ A~er Date: January 15, 2004 Re: Consultant Service Agreement... Environmental Services Group. Inc We Are Sending You: Hand Delivered Attached Under separate cover via Shop Drawings Document Tracings Prints Specifications Catalogs Copy of letter Other: Quantity 1 set Description Consultant Service Agreement... .Southside Staffing Projections for AugustaJ /7.?.;1 ( Water Production' Consultant. Service Agreement... Equipment Numbering and Preventiy,e ,fbl./n o~2J Maintenance Requirem~~ts for Water Production Asset~ '1 set J If material received is not as listed, please notify us at once Remarks: (Yl~f: zR{WlCL bM w:cw-~ ~.~ Copy To: CH2MHILL Program File BONNER 04 0115 . '. STATE OF GEORGIA RICHMOND COUNTY MAlOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND Environmental Services Group, Inc. (CONSULTANT) CONSULTANT: Environmental Services Group, Inc. / PROJECT: Equipment Numbering and Preventive Maintenance Requirements for Water Production Assets DATE EXCECUTED: \ 'Z.l' 1 J03 DATE COMPLETED: 1]131b4 1 OF 23 REVISION DATE: FEBRUARY 5, 2001 . . ST A TE OF GEORGIA RICHMOND COUNTY CONSULT ANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND Environmental Services Group, Inc. (CONSULTANT) 2r:J:J"r This Agreement is made and entered into this J ~"'""" day of ~eofrVlht.f" . ~ by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and Environmental Services Group, Inc., a Corporation authorized to do bus:ii1ess in Georgia, hereinafter called the "CONSULTANT." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: Equipment Numbering and Preventive Maintenance Requirements for Water Production Assets; and, WHEREAS, the CONSULTANT has r.epresented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that: 2 OF 23 REVISION DATE: FEBRUARY 5, 2001 GENERAL PROVISIONS CONSULTANT has agreed in this Agreement with CITY to provide the engineering and/or consulting services required to meet the scope as described in Attachment A and the CITY has agreed to compensate the CONSULTANT for said services as provided by Attachment B. CONSULT ANT 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. 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. REDUCfION 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 eqQitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the h~ds 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. 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. 30F23 REVISION DATE: FEBRUARY 5,2001 PROJECT PROGRESS CONSULT ANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of 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 CONSULT ANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agreements, either written or oral. 40F23 REVISION DATE: FEBRUARY 5. 2001 . , DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having. a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order - means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULT ANT under this Agreement. 50F23 REVISION DATE: FEBRUARY 5. 2001 ~ CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the" Agreement"). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in'the following order: 1. Agreement -Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders 6 OF 23 REVISION DATE: FEBRUARY 5, 2001 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services herein described in this Agreement as Attachment A shall be commenced upon Agreement Execution. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT'S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULT ANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the :Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C - Listing of Key Personnel and incorporate herein by' reference. No changes or substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his designee. For services so designated by Attachment A which require professional endorsement the CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. 5. ACCURACY OF WORK 7 OF 23 REVISION DATE: FEBRUARY 5, 2001 ~ The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct negligent errors and omissions in its plans and specifications without additional compensation. The CONSULTANT shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or ill part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULT ANT pursuant ther~to shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. S 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULT ANT with . '. regard to its interpretation and performance, and ~y 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 execut:i1.i.g 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. 9. TERMINATION OF AGREEMENT FOR CAUSE 8 OF 23 REVISION DATE: FEBRUARY 5, 2001 If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULT ANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees. 12. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. . 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE 9 OF 23 REVISION DATE: FEBRUARY 5. 2001 The CONSULT ANT 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 in performance of the Work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia. B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than One Million ($1,000,000) Dollars on account of anyone occurrence. C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occUrrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance - in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to 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 additional insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 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 CONSULT ANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 10 OF 23 REVISION DATE: FEBRUARY 5, 2001 ~ 16. SUBCONTRACTING The CONSULT ANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or notation, 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 emplo.r.ee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance, in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property,.: vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug ot alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer's, and teclmicians 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 It Anti-kickback It laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 21. AUDITS AND INSPECTORS 11 OF 23 REVISION DATE: FEBRUARY 5. 2001 At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/ or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The 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 CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT's knowledge and written consent. 23. VERBAL AGREEMENT OR 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 CONSULT ANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: ADMINISTRATOR AUGUSTA, GEORGIA CONSULTANT: Environmental Services Group, Inc. 794 Brentmead Drive 12 OF 23 REVISION DATE: FEBRUARY 5. 2001 ~ 530 Greene Street Augusta, GA 30901 Lawrenceville, GA 30044 Attn: Clay Sykes, PE Copy to: DIREcrOR AUGUST A UTILITIES DEPARTMENT 360 Bay Street Augusta, GA 30901 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: TITLE: MAYOR TITLE: A'" 0" '"-II.. .. fA ." 1996 0.0 g y~ o"ft ... .- q 4......... ~~\\ GEORG\!'- :<>_0'- '~~"Q..,....,,- DATE: I-z./u /03 f I DATE: Copy To: DIREcrOR AUGUSTA urILITIES DEPARTMENT 360 Bay Street Augusta, Ga 30901 13 OF 22 REVISION DATE: FEBRUARY 5. 2001 CONSULTANT'S RESPONSIBILITIES CONSULT ANT shall review its understanding of the Project requirements with the CITY and shall advise CITY of additional data or services which are not a part of CONSULT ANT's services, if any, necessary for work to begin. PROTECT UNDERSTANDING Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULT ANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/ or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in the regard. CONSULTANT'S INSURANCE CONSULT ANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 - Insurance. CITY'S RESPONSIBILITES CI1""Y-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CONSULTANT will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULT ANT, 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 14 OF 23 REVISION DATE: FEBRUARY 5. 2001 Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSUl." T ANT's shidies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONSULT ANT whenever CITY observes or becomes aware of any development that affects the scope or timing of CONSULTANT's Services, or of any defect in the work of CONSULT ANT. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such Services required or requested of CONSULT ANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services. 15 OF 23 REVISION DATE: FEBRUARY 5,2001 ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: BACKGROUND Given the current capital improvement program, Augusta will be receiving a significant quantity of new equipment. In addition, existing equipment needs to be inventoried and assigned Asset ID numbers for input into the Augusta's George Butler Master Series Computerized Maintenance Management System (CMMS). Also, preventative maintenance (PM) procedures need to be developed for input into the CMMS. Present staffing levels do not allow for labor resources to be allocated enabling efficient and timely accounting and numbering of new and existing equipment and inputting this information into the CMMS, without adversely impacting workforce allocation and ability to meet present work demands. To effectively document and meet the preventive maintenance requirements for Water Production, especially critical equipment, Augusta desires assistance to logically classify and assign Asset 10 numbers and develop PM procedures for input into the CMMS. GEORGE BUTLER DATABASE HIERARCHY Within the CMMS database, Augusta has the ability to organize assets into a parent-child hierarchy consistent with "best practices" accepted in the industry. PROJECT APPROACH Overview · Develop a master equipment spreadsheet of the Water Production System assets. This master equipment spreadsheet will serve as a starting point for this project. · Update the master spreadsheet for existing/ uninventoried equipment. Work with Augusta to assign logical Asset ill numbers to each component in preparation for the download into the CMMS database. · Develop PM schedules for new and existing equipment, including electrical components. · Coordinate the data migration with GBA Master Series and Augusta's Information Technology department for the download of assets to Augusta's server. · Assist in training Augusta Utility Department staff on how to input PM schedules, generate work orders, close work orders and extract usable data from the CMMS. 16 OF 23 REVISION DATE: FEBRUARY 5. 2001 ~ ~ Facilities Included In Scope of Work · Highland Avenue WTP · Raw Water Pumping Station at Goodrich Street · Ground WTP #1 and fourteen associated Wells · Ground WTP #2 and ten associated Wells · Ground WTP #3 and five associated Wells . 10 Water Booster Stations Main Tasks 1. CMMS Procedures Workshop - a. Better understand the level of detail anticipated in the asset hierarchy b. Better understand desired maintenance approach, tasks and activities c. Refine: 1. Augusta Utility departments approach to maintenance management (program-driven versus event-driven) 11. Parent-child hierarchy determination (Assembly asset, sub-assembly asset and individual asset) m. Relational databases d. Develop a master equipment spreadsheet of the Water Production System assets following the established protocol developed in the procedures workshop. 2. GBA Master Series Database Development- a. Using previously established protocol (Item Id), work with GBA Master Series to organize data migration into the City's GBA database. b. Coordinate downloading of the data to Augusta Utility Department's (AUD) server. NOTE: Data migration to be performed under AUD's existing contract with GBA Master Series as defined in their scope of service. 3. Inventory Equipment - . a. Inventory and chissify existing equipment, according to a predefined structure. b. Assign new equipment Asset ID descriptions into the master spreadsheet, in accordance with the established CMMS parent-child organization. NOTE: ESG will input all data in to the master equipment spreadsheet. 17 OF 23 REVISION DATE: FEBRUARY 5, 2001 4. Establish Preventative Maintenance Schedules - a. Establish preventative maintenance (PM) schedules for those components identified. 1. For assets beyond their warranty period a "best practices" approach will be used. ii. For assets under warranty, manufacturers specifications will be followed. b. Review manufacturer O&M manuals and work with the Augusta Utility staff to determine appropriate PM activities and frequencies. c. Input the information into an MS Excel spreadsheet for downloading into the CMMS. NOTE: Detailed PM procedures are not included in this scope. 5. Staff Support Services - a. Provide on-site support one day per week to assist in preparing maintenance schedules and updating of the CMMS for the first six-months of implementation. b. Develop a schedule indicating the order training tasks will occur. c. Prepare ten (10) standard operating procedures of the most common GBA master Series tasks for use by AUD as reference material in the future. d. Visually assessing the condition of major equipment items and recommending corrective maintenance and further condition assessment testing priorities Final Deliverables The final deliverables will consist of two Microsoft Excel spreadsheets described as follows. 1. A master equipment spreadsheet of the Water Production System assets following the established protocol and updated. asset numbering designations. Asset numbering protocol document describing the agreed upon numbering methodology. A master equipment list with their respective preventive maintenance tasks and schedules. Water Production Facility assets with identification numbers loaded into the GBA Master Series program. Ten (10) standard operating procedures for performing routine tasks in GBA Master Series. 2. 3. 4. 5. 18 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 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 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 indicated 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 additional 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. Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the scheduled work in writing. Table 1 provides a summary of lump sum cost s to perform each task item and is used to reference percent complete of each project phase. 19 OF 23 REVISION DATE: FEBRUARY 5, 2001 ~ TABLE 1 Task Preliminary Protocol Establishment Cost Totals 1 CMMS Procedures Workshop $ 9,280.00 Develop Master Equipment 2 Spreadsheet $ 16,800.00 3 Data MiQration $ 9,200.00 Subtotal $ 35,280.00 Task Groundwater System #1 Cost 1 Inventorv EQuipment $ 6,100.00 2 Develop Routine Maintenance Schedule $ 6,100.00 Subtotal $ 12,200.00 Task Groundwater System #2 Cost 1 Inventory Equipment $ 6,100.00 2 Develop Routine Maintenance Schedule $ 6,100.00 Subtotal $ 12,200.00 Task Groundwater System #3 Cost 1 Inventory Equipment $ 6,100.00 2 Develop Routine Maintenance Schedule $ 6,100.00 Subtotal $ 12,200.00 Task HiQhland Avenue WTP Cost 1 Inventory Equipment $ 8,960.00 2 Develop Routine Maintenance Schedule $ 6,600.00 Subtotal $ 15,560.00 Task Booster Stations Cost 1 Inventory Equipment $ 8,960.00 2 Develop Routine Maintenance Schedule $ 4,800.00 Subtotal $ 13,760.00 Task Raw Water Pump Station Cost 1 Inventorv EQuipment $ 3,360.00 2 Develop Routine Maintenance Schedule $ 3,360.00 Subtotal $ 6,720.00 Task Staff Support Services Cost 1 Six months $ 27,880.00 2 Proiect Management $ 6,900.00 . Subtotal $ 34,780.00 . Total $ 142,700.00 20 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 Project Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: Paul Tickerhoof Project Manager Clay Sykes Project Engineer Jim Kizer Senior Quality Controlj Quality Assurance Reviewer Dan Groselle Project Engineer Dave Marshall Data Gathering/Field Support Sean Meyer Data Gathering/Field Support Darrell Seiber Data Gathering/Field Support 21 OF 23 REVISION DATE: FEBRUARY 5. 2001 ~ ATTACHMENT D - SCHEDULE FOR PERFORMANCE Table 2 is provided as an estimated schedule fal completion based on notice to proceed by December 15, 2003. The nature of this projec!t is partially based on the Water Production staff's level of commitment to impr~ve operations and therefore specific end-points are tentative based on employee progress. TABLE 2 Task Estimated Com letion 1 Janua 12,2004 2 Janua 26,2004 3 A ril 9. 2004 Task 1 Februa 2,2004 2 Februa 16,2004 Task 1 Februa 9,2004 2 Februa 23,2004 Task 1 Februa 16,2004 2 March 1. 2004 Task 1 Februa 23.2004 2 March 8, 2004 Task 1 March 1, 2004 2 March 15, 2004 Task 1 March 8. 2004 2 March 23, 2004 Task 1 October 31, 2004 2 October 31, 2004 22 OF 23 REVISION DATE: FEBRUARY 5,2001 .. ADDITIONAL SERVICES: 1. Revisions to the plans/contract documents to eXitend the limits of the project after this AGREEMENT has been executed by the CITY. I 2. Revisions due to incorrect locations of existing ~tilities by the CONSULT ANT (i.e., correct location given by CITY, incorrectly marked on p~ans by engineer) will be the responsibility of the CONSULTANT. Other revisions requireq by the CITY, DOT, EPD, or other government agency at their request will be cons,dered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. ~.~:::=::N~:~=~:~=:b~~~[d,pro_mW~~mgMd~&~,~g~= It is expected that such professionals will operate in a manner which asJures the interests of the common welfare, rather than in a manner which promotes their own financial gain. It is expected that su& professionals will act as a faithful agent for the an as a client. It is the duty of the CONSULT ANT to protect the safety, health .fud welfare of the public in the performance of their professional duties. 23 OF 23 REVISION DATE: FEBRUARY 5, 2001