HomeMy WebLinkAboutCSRA Testing & Engineering Co. and Augusta Georgia
Augusta Richmond GA
DOCUMENT NAME: ~ c.. <'::'~R -re<;TI'd Q.. ~nI'J'Ne:e"lU ivrJ CO. fl~
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DOCUMENT TYPE: A OJ (<.. 6lS rn 1!' NT
YEAR: cJ. D 0 3
BOX NUMBER: / 8'"
FILE NUMBER: Il.t '7 g- Of
NUMBER OF PAGES:
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,
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
CONSULTANT:
PROJECT:
DATE EXCECUTED:
DATE COMPLETED:
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
( crTY)
AND
CSRA Testing & Engineering Co., Inc.
CSRA Testing & Engineering Co., Tne.
40400 - Tobacco Road Water Treabnent Plant
RECEIVED
MAY 2 6 2003
AUD TRWTP
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREENIENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CSRA Testing and Engineering Co., Ine.
This Agreement is made and entered into this 15th day of April, 2003 by and between AUGUST A Georgia.,
a political subdivision of the State of Georgia, hereinafter called the "CITY" (lnd CSRA Testing and
Engineering Co., Inc., a Corporation authorized to do business in. Georgia, hereinafter called the
"CONSULTANT."
WHEREAS, the CITY desires to engage a qualliied and experienced consulting fjxm to furnish professional
services for:
Construction testing, inspection, geoteclmical engineering and related services for the Tobacco Road Water
Treatment Plant, Raw Water Pump Station, and Raw Water Transmission Main; and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced a.nd 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 contau1ed, it is agreed
by and between the CITY and the CONSULTANT that:
GENERAL PROVISIONS
ARTICLE 1. PROCUREMENT OF SERVICES
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 requiTements as outlined in and attached as
Attachment A Scope of WOTk and other relevant
data defining the Project.
1.1 Consultant Coordination
The CONSULTANT shall cooperate fully with all
municipalities, local govel11ment 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
b."ust, 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
standaTd without additional compensation.
1.2 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 CONSULT ANT and CITY to be valid.
1.3 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.
1.4 Date Changes
If in tl1is 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 tluough no fault of CONSULTANT, the
rates and amoill,ts of compensation provided for
hereu, shall be subject to equitable adjustment.
1.5 Agreement Modifications
This Agreement shall not be modified except by a
duly executed Amendment hereto Ul writing
under tl,e hands and seals of both parties hereto.
1.6 Time Of Completion
The time of completion shall be as described Ul
the schedule attached hereto as Attachment D -
Schedule for Performance.
This A!!reement shall te'rminate immediately and
o
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 ill,der this AgTeement.
However, CONSULTANT will be compensated
for all work priOl.to termination of conh"act even
if tl,e CITY has obligated the funds to other
projects.
1.7 Project 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.
1.8 Litigation
Nothing in this Agreement shall be consu-ued as
obligating the CONSULT ANT 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 reimbmsed as additional
serVIces.
1.9 Bindings
It is further agreed that the CITY and
CONSULTANT each binds itself and themselves,
its or their successors, executors, adminisu'ators
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.
1.10 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.
ARTICLE 2. DEFINITIONS
Wherever used in this Agreement whether in the
singular or in the pIma I, the following terms shall
have the following meanings:
2.1 Agreement Execution - means the date on
which CONSULTANT executes and enters into
an Agreement with CITY to perform the Work.
2.2 Agreement Price - means the total monies,
adjusted in accordance with any provision herein,
payable to the CONSULTANT under this
Agreement.
2.3 CITY - means a legal entity AUGUST A,
GEORGIA, a political subdivision of the State of
Georgia.
2.4 CONSULT ANT - means the party or parties
contracting directly with the CITY to perform
Work pursuant to this Agreement.
2.5 Contract - means the Agreement Documents
specifically identified and incorporated herein by
reference.
2.6 Contract Time - means the period of time
stated in this Agreement for the completion of the
Work.
2.7 Program Manager - means CH2M HILL as
the representative of the CITY who shall act as
Liaison between the CITY and the
CONSULTANT for all matters pertaining to this
Agreement including review of CONSULTANT's
plans and work.
2.8 Subcontractor - means any person, firm,
partnership, joint venture, company, corporation,
or entity having a contractual agreement with
CONSULTANT or with any of its subconb:actors
at any tier to provide a part of the Work called for
by this Agreement.
2.9 Sup-plemental 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 AgTeement Price or the
Conh'act Time, issued after execution of this
Agreement.
2.10 Task Order - means a written order
specifying a Scope of Services, tune of completion
and compensation limit for services beu1g
provided by CONSULTANT. Task Orders shall
be u1Corporated by reference as part of the
Supplemental Conditions of this Agreement.
2.11 Work - means any and all obligations, duties
and responsibilities, includu1g furnishing
equipment, engineeru1g, design, workmanship,
labor and any other services or things necessary
to the successful completion of the Project,
assigned to or undertaken by CONSULTANT
lmder this Agreement.
ARTICLE 3: CONTRACT DOCUMENTS
3.1 List of Documents
The Agreement the General Conditions, the
Attachments, and any Supplemental Agreements,
including Task Orders shall constitute the
Agreement Documents.
3.2 Conflict and Precedence
The Agreement Documents are complementaJ-'Y,
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 requixements 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
ARTICLE 4. GENERAL CONDITIONS
4.1 Commencement Of Work
The performance of the work as defined in the
Agreement between CONSULT ANT and the
CITY, and herein described in this Agreement as
Attachment A Scope of Work shall be
commenced upon receipt by the CONSULTANT
of a written Notice to Proceed. The effective date
of services shall be defined in each Notice to
Proceed.
4.2 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.
4.3 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 d.ecrease 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 AgTeement.
Changes that involve an increase in the
compensation shall be considered major, and
require the approval ot the CITY, The Program
Manager may approve minor changes to the
scope of services that do not involve an increase
in compensation or schedule.
4.4 Personnel
The CONSULT ANT represents that it has
secmed or will seCUTe, at its own expense, all
personnel necessary to complete this AgTeement;
none of whom shall be employees of, or have any
contractual relationship with, the CITY. Allof
the services required hereunder will be
performed by the CONSULT ANT 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 perfonning services
for the CONSULTANT under this agr'eement are
indicated in a perso1U1ellisting attached hereto as
Attachment C - Listing of Key PersOlmel and
incorpora ted herein by reference, No changes or
substitution shall be permitted in the
CONSULTANT's Key Perso1U1el 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. 111e CONSULTANT shall endorse all
reports, conh'act plans, and survey data. Such
endorsements shall be made by a person duly
registered in the appropriate category by the
Georgia State Board of Regish'ation for
Professional Engineers and Land Surveyors,
being in the full employ of the CONSULTANT
and responsible for the work prescribed by this
AgTeement.
4.5 Accuracy Of Work
The CONSULT ANT shall be responsible for the
accuracy of the work and shall promptly correct
errors and omissions in its plans and
specifications without additional compensation.
The CONSULT ANT shall give inunediate
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 errors and the
clarification of any ambiguities.
4.6. 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 fmther 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.
4.7 Open Records
CONSULTANT acknowledges 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 corporate fully in responding to such
requests and making all records, not exempt,
available for inspection and copying as provided
by law.
4.8 Jurisdiction
The law of the State of Georgia shall govern the
CONTRACT between CITY cu'ld CONSULTANT
with regard to its interpretation and performance,
and any other claims related to this agreement.
All claims, disputes cu'ld other matters in question
between CITY CU'ld CONSULTANT arising out of
or relating to the AgTeement, 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 cu'ld venue in the Superior
Court of Riclunond County, Georgia.
4.9. Termination Of Agreement For Cause
If through any cause, the CONSULTANT shall
fail to fulfill in a timely and proper mCU'lner its
obligations tmder this Agreement, or if the
CONSULTANT shall violate any of the
covenants, agreements or stipulations of this
Agreement, CONSULTANT will be given the
opporhmity to commence correction of obligation
within 5 days of written notice cu'ld 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 constihlte cause for termination. The
CITY shall thereupon have the right to terminate
this AgTeement by giving written notice to the
CONSULTANT of such termination, cu'ld
specifying the effective date thereof, at least five
(5) days before the effective date of such
tennination. In such event, all finished or
unfinished documents, maps, data, shldies, work
papers and reports prepared by the
CONSULT ANT 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.
4.10 Termination For Convenience Of The City
The CITY may terminate this conh'act 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.
4.11 Coordination And Cooperation With Other
Utilities And Consultants
CONSULT ANT shall thoroughly research all
utility records to identify the existing facilities on
the submitted plans for avoidance, or resolution,
of conflicts with the proposed Scope of Services.
If the CITY undertakes or awaTds 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 corrmut or
permit any act wluch will interfere with the
performance of work by any other consultant or
by CITY employees.
4.12 Covenant Against Contingent Fees
The CONSULT ANT warrants that no person or
selling agency has been employed or retained to
solicit or seCUTe 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 sellina agencies
b .
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.
4.13 Responsibility For Claims And Liability
The CONSULTANT shall be responsible for all.Y
all.d 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 subconh'acts, or agent in the negligent
performance or non-perfonnance of work under
this Agreement. TIl.ese indemnities shall not be
limited by reason of the listing of any insurance
coverage.
4.14 Insurance
The CONSULTANT shall, at all times that this
Agreement is in effect, cause to be maintained in
force all.d effect all insurance policy(s) that will
ensure all.d indemnify both the CITY and
Program Manager against liability or finalKial
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 tlus
Agreel1l.ent.
TIle CONSULTANT shall provide, at all tiTHes
that tIus agTeement is in effect, Worker's
Compensation insurance in accordance with the
laws of the State of Georgia.
The CONSULTANT shall provide, at all times
tll.at this Agreement is in effect, hlsurance with
limits of not less tll.all:
4.14,1 Workmen's Compensation hl.SlUalKe - in
accordance with the laws of the State of Georgia.
4.14.2 Public Liability hlsurall.Ce - in an amount
of not less that One Million ($1,000,000) Dollars
for injuries, including tllose resulting in death to
anyone person, all.d in all CllnOlmt of not less than
One Million ($1,000,000) Dollars on account of
anyone occunence.
4.14.3 Property Damage Insurance - in an
amount of not less than One rvWlion ($1,000,000)
Dollars from damages on account of an
occurrence, with an agpegate limit of One
Million ($1,000,000) Dollars.
4.14.4 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.
4.14.5 Professional Liability Insurance - in an
amount of not less than One Million ($1,000,000)
Dollars or an amount that correlates to the
agpegate 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 coverages 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 CITY at the time
of the execution of this Agreement.
4.15 PROHIBITED INTERESTS
4.15.1 Conflict of Interest
The CONSULTANT agrees that it presently has
no interest and shall acquire no interest, Lurect or
indirect, that would C011flict in any malUler 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.
4.15.2 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
AgTeement or the proceeds thereof.
4.15.3 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 tlle terms of tlle Agreement,
Witllout the written permission of the CITY
except as may otherwise be provided for herein,
4.16. SUBCONTRACTING
The CONSULTANT shall no t subconh'act any
part of the work covered by this Agreement or
permit subconh'acted work to be furtller
subconh'acted without the CITY's prior written
approval of the subcontractor. The CITY will not
approve any subconh'actor for work covered by
this AgTeement that has not been recommended
for approval by the Program Manager.
All subconh'acts in the amount of $5,000 or more
shall include, where possible, the provisions set
forth in this Agreement.
4.17 ASSIGNABILITY
The CONSULT ANT shall not assign or h'ansrer
whether by an assigmnent or notation, any of its
Tights, obligations, benefits, liabilities or other
interest under tlns Agreement without the
written consent of tlle CITY.
4.18 EQUAL EMPLOYMENT OPPORTUNITY
During the'peTformance of this Agreement, the
CONSULTANT agrees as follows: (1) the
CONSULTANT will not discrinnnate against any
employee or applicant for ernployment because
of race, creed, color, sex 01' national origin; (2) the
CONSULTANT will, in all solicitations or
advertisements for employees placed by qualified
applicants, receive consideration for employment
witllout regaJd 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 conb:acts
or subconh-acts for standard commercial supplies
of raw materials,
4.19 DRUG FREE WORK PLACE
CONSULTANT shall be responsible for ensuring
that its employees shall not be involved in any
manner with the unlawful manufacture,
distribution, dispensation, possession, sale or use
of a conh'olled 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 dischcu:ge.
CONSULT ANT shall notify the appropriate
federal agencies of an employee who has a
criminal drug statute conviction for workplace
violation.
CONSULTANT may require drug or alcohol
testing of employees when conh-actually or
legally obligated, or when good business
practices would dictate.
4.20 ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and
technicians performing work under this
Agreement shall be paid unconditionally and not
less often than once a month without deduction
or rebate on any account except only such payroll
deductions as are mandatory by law. The
CONSULTANT hereby promises to comply with
all applicable "Anti-kickback" laws, and shall
insert appropriate provisions in all subconb:acts
covering work under this Agreemen t.
4.21 AUDITS AND INSPECTORS
At any t::ime during normal buslll.ess 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, to examine and make copies, excerpts or
h'anscripts from such records of personnel,
conditions of employment and other data relating
to all matters covered by this Agreement.
The CONSULT ANT shall malll.talll. all books,
documents, papers, accounting records and other
evidence pertaining to costs lll.cwTed on the
Project and used lll. support of its proposal and
shall make such material available at all
reasonable times durlll.g the period of the
Agreement, and for three years from the date of
final payment wl.der the Agreement, for
lll.Spection 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 subconh'3ctor, assignee, or
h'cmsferee.
4_22 OWNERSHIP, PUBLICATION,
REPRODUCTION AND USE
All documents and materials prepared as an
lll.strument of service pursuant to this Agreement
are the property of the CITY The CITY shall
have the ullTestricted authority to publish,
disclose, dish"ibute, and otherwise use, in whole
or lll. part, any reports, data, maps, or other
materials prepared tmder this Agreement
without accordlllg credit of authorship, The
CITY shall hold harmless the CONSULTANT
agalllst all claims arislllg out of such use of
documents and materials without the
CONSULTANT's knowledge and written
consent.
4.23 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 in writing
and app,ended hereto as prescribed in Article 3
above,
4.24 INDEPENDENT CONTRACTOR
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street, Room 800
Augusta, GA 30911
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
The CONSULT ANT shall perform the services
under this Agreement as an independent
conh'actor and nothing contained herein shall be
consh'ued to be inconsistent with this relationship
or status. Nothing in tl1is 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.
4.25 NOTICES
All notices shall be in writincr and delivered in
b
person or h'ansmitted by certified mail, postage
prepaid. Notices shall be addressed as follows:
CONSULT ANT:
C ~ Il A -';ShNj .,. 67.J/rhY'~ C,.,:rn <: .
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street, Suite 100
Augusta, GA 30901
IN WITNESS WHEREOF, said parhes have hereunto set their seals the day and year written below:
J~" ; \',':'"
ATTEST CLERK:~._
. " " "
':', " ~, .i<f
',".. .
~ .
DATE:
1,."
":~L_j
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Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, Ga 30901
SULTrn 12
PRINTED NAME: J q If1 e J ;n
p((~: cL.Il~
TITLE:
DATE:
o(Je
CONSULTANT'S RESPONSIBILITIES
CONSULTANT, in order to determine the requirements of the Project, shall review the
information in Attachment A - Scope of Services. 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 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 cued
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 cued inspect the
project activities and data collected under the Agreement cued amendments thereto. All reports,
drawings, studies, specifications, estimates, maps cued 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 plcues
shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies
with the CITY's request in the regard.
The CITY's review recommendations shall be incorporated into the plans by the
CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the insmance limits as specified
in Article 3 - General Conditions 4.14lnsurance.
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 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 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 obtairl, alTcmge, 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 necesscu:y for CONSULTANT's services or PROJECT
consb:uction.
TIMELY REVIEW
CITY will examine CONSULT ANT's studies, reports, sketches, drawll1gs, specifications,
proposals, and other docun1ents; obtain advice of an attorney, ll1surance counselor, accountant,
auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and
render in writing decisions required by CITY ll1 a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becornes
aware of any development that affects the scope or timing of CONSULT ANT's Services, or of
any defect in the work of CONSULTANT or conshllction conh'actors.
CITY'S INSURANCE
CITY will maintain property ll1surance on all pre-existing physical facilities associated ll1 any
way with the PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not ll1Clude costs of CONSULTANT for required or requested
assistance to support, prepare, document, bring, defend, or assist ll1litigation 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
serVlCes.
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
Construction testing, inspection, geotechnical engineering and related services for the Tobacco
Road Water Treatment Plant, Raw Water Pumping Station, and Raw Water Transmission Main
project, Capital Improvements Program Project No. 40400.
OBJECTIVES:
To provide on-going consh-uction testing and inspection services for the Tobacco Road Water
Treatment Plant project for the project duration of approximately 26 months on a combination
of full time and as needed basis. Testing services include asphalt, bolt tension, concrete, soil,
stone aggregate, welding, non-desh-uctive radiographic, non- desh'uctive ulh'asonic.
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 defined in CONSULTANTS cost proposal for
completing the Scope of Work dated December 16, 2002 as attached and made a part of this
agreement.
The CONSULTANT shall be compensated on a time and materials basis in accordance with
Section XI, Schedule of Testing Fees and Services of the cost proposal with the total fee not to
exceed $275,000.00 without prior written authorization.
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. TI1e 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 paJ:t thereof, as determined
solely by the CITY, are UIueasonably 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 be considered 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 encolmtered, 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,
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.
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:
James M. Pope - Engineering
Manager
Jeffery S. Pope - Laboratory
Supervisor and Construction
Testing Field Supervisor
Michael W, Pope - Drilling
Supervisor
To Be Determined-
Technician
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
o Detailed Scope of Services based upon Attachment A of this AgTeement 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.
o Cost Proposal that will include cost of surveying, design, preparation of consh'uction plans
and specifications, and other services requested in the CITY's Request for Proposal.
o Schedule for submittal of review docwnents at 30%,60%, and 90% completion and final
documents.
Prior to submitting 301~1 review documents:
o 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 velify to CITY'S satisfaction,
o Provide CITY with information on the project site(s), including the followirlg:
. 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.
. Brief description of the area (e.g., residential, commercial, industrial) including general
slope of the land, and whether h'ees, 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 III meeting design objectives.
o Site Plan (If Required)
Throughout proj ect:
o Prepare printed responses to comments received horn the CITY following reviews.
o Provide the necessary plats (complete with sUTvey information on all items within the limits
of both permanent and temporary easements) for easement acquisition and DOT/other
permit application.
o Prepare Public Works/DOT/Other permit applications for signature by the CITY.
o Prepare and submit plans to EPD for review and approval when required.
o Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications
(latest reference). Specifications must mirror that provided by the CITY and must be
complete for the described work.
o Prepare and submit construction cost estimates at each review stage ( 30%, 60% and 90%)
and with the submittal of final documents. Provide cost breakdown for any items to be
lump sum in the consh'uction conh'act.
Upon completion of design:
o Coordinate with the City Purchasing Department to advertise the project.
o Fax bid information to CITY,
o Attend bid opening,
o Prepare letter of recommendation for award of the conh'act.
o Attain conh'actor' s/ other signatures on the contract documents and forward to the CITY.
o Invite attendees to, and conduct, the pre-consh'uction meeting.
o Provide clarification related to the plans/ specifications throughout design and consh'uction.
o Provide record drawings at completion of the project elech"01Ucally, per the Urilities Design
Standards and Specifications (latest version).
o Provide Services During Conshllction 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 consh'uction Conh'actor (line of
communication will be conshllction conh'actor to resident observer to CONSULTANT
to CITY)
. Provide clarification of plans and specifications throughout consh'uction
. Revise/update plans and/ or easement plats as cl1anges occur that require resubmittal to
DOT / other agencies.
~:NSULTANT !fI :2
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DATE:
AUGUST A UTILITIES DEPARTMENT
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PRINTED NAME: tit" lit ~~S
TITLE: DIRECfOR
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DATE:
PROGRAM MANAGER
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BY:
PRINTED NAME:
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TITLE:
DATE:
ADDITIONAL SERVICES:
1. Revisions to the plans/ conh"act 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. Gther 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 surveying and engineering services,
It is expected that SUdl professionals will operate in a lllaImer whidl assures the interests of the common welfure, rather than in a
manner which promotes their own finaIlcial gain, It is expected that SUdl professionals wiII act as a fuithful agent fm the CITY as a
client. 1t is the duty of the CONSULTANT to protect the safety, health and welfure of the public in the performance of their
professional duties.