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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~ r-:l V ~ \.J C?> -r A (,.-t:::" 0 ,eCO I ~. 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: :J;). , 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 ~' 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 ~:r:h1esm~/~ TITLE: () (to 5 ; d fr1Y S /2./ /0 3 I I DATE: AUGUST A UTILITIES DEPARTMENT BY 11 t1/~e PRINTED NAME: tit" lit ~~S TITLE: DIRECfOR 5/2610 3 I , DATE: PROGRAM MANAGER ~XJ.~ , ..' BY: PRINTED NAME: ~~O~~ R. Z)4Y~ k/:;h:;~r'41 ~NfrC 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.