HomeMy WebLinkAboutGreenhorne and O'Mara Inc.
Augusta Richmond GA
DOCUMENT NAME: 0, (0 PI',"" \-vl\.'('(\ e. ? 0 l 1 A Ir-- '\
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DOCUMENT TYPE: ~u.rn en to
YEAR:02-.
BOX NUMBER: I '1
FILE NUMBER: I {o,L..f/--{7
NUMBER OF PAGES: '2..5
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STATE OF GEORGIA
AUGUSTA-mCHMONDCOUNTY
UTILITIES DEPARTMENT
DESIGN CONSULTANT SERVICES AGREEMENT..
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BETWEEN .i~(
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT: GREENHORNE & O'MARA, INC.
PROJECT: Davis Road- Skinner Road to Washington Road and I-5201I-20 Half Diamond Interchange- Water and
Sanitary Sewer Systems .
DOT Project #: STP-7006(6) and NH-IM-520-1(15)
DOT P.I. #: 250560 and 210450
DATE EXCECUTED:
DATE COMPLETED:
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STATE OF GEORGIA
AUGUST A-RICHMOND COUNTY
UTILITIES DEPARTMENT
DESIGN CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this 1 ih day of September, 2002 by and between AUGUST A, Georgia, a
political subdivision of the State of Georgia, hereinafter called the "CITY" and GREENHORNE & O'MARA INC., a
Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services
for:
Design of expansions, additions and/or upgrades to the water and sanitary sewer systems within Richmond County,
Georgia affected by the Georgia Department of Transportation's Davis Road Project from Skinner Road to
Washington Road and the 1-520/1-20 Half Diamond Interchange, Georgia; and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the
services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and
between the CITY and the CONSULTANT that:
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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
requirements as outlined in and attached as
Attachment A Scope of Work and other relevant data
defining the Project.
1.1 Consultant Coordination
The CONSULTANT shall cooperate fully with all
municipalities, local government officials, utility
companies, and other consultants as directed by the
CITY. CITY, CONSULTANT and all relevant parties
agree to work together on the basis of trust, good faith
and fair dealing, and shall take actions reasonably
necessary to enable each other to perform this
Agreement in a timely, efficient and economical
manner. All parties agree to cooperate in a manner
consistent with good design practice and will exercise
the degree of skill and diligence normally employed
by professional engineers or consultants practicing
under similar conditions. CONSULTANT will re-
perform any services not: meeting this standard without
additional compensation.
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
CONSULTANT 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
servic~s as described in subsequently executed
Amendments to this Agreement, and no claim for
damages for anticipated profits shall accrue to the
CONSULTANT.
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1.4 Date Changes
If in this Agreement specific periods of time for
rendering services are set forth. or specific dates by
which services are to be completed are provided and if
such periods of time or dates are changed through no
fault of CONSULTANT, the rates and amounts of
compensation provided for herein shall be subject to
equitable adjustment.
1.5 Agreement Modifications
This Agreement shall not be modified except by a duly
executed Amendment hereto in writing under the
hands and seals of both parties hereto.
1.6 Time Of Completion
The time of completion shall be as described in the
schedule attached hereto as Attachment D - Schedule
for Performance.
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.
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 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
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the CITY except suits or claims between the parties to
this 'Agreement will be reimbursed as additional
servIces,
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1.9 Bindings
It is further agreed that the CITY and CONSULTANT
each binds itself and themselves, its or their
successors, executors, administrators and assigns to
the other party to this Agreement and to its or their
successors, executors and assigns in respect to all
covenants of this Agreement. Except as above, neither
CITY nor the CONSULTANT 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.
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ARTICLE 2. DEFINITIONS
Wherever used in this Agreement, whether in the
singular or in the plural, the following terms shall have
the following meanings:
2.1 Al!reement Execution - means the date on which
CONSUL T ANT executes and enters' into an
Agreement with CITY to perform the Work.
2.2 Al!reement 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 AUGUSTA,
GEORGIA, a political subdivision of the State of
Georgia,
2.4 CONSUL T 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 Prol!ram Manal!er - Not applicable on this
project.
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 subcontractors at
any tier to provide a part of the Work called for by this
Agreement.
2.9 Supplemental Al!reement - means a written
order to CONSULTANT signed by CITY and
accepted by CONSULT ANT, effecting an additi~n,
deletion or revision in the Work, or an adjustment in
the Agreement Price or the Contract Time, issued after
execution of this Agreement.
2.10 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.
2.11 Work - means any and all obligations, duties and
responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other
services or things necessary to the successful
completion of the Project, assigned to or undertaken
by CONSULT ANT under this Agreement.
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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 complementary, and
what is called for by one is as binding as if called for
by all. In the event there are any conflicting
provisions or requirements in the component parts of
this Agreement, the several Agreement Documents
shall take precedence in the following order:
1. Agreement - Including Attachments
2. General Conditions
3, Supplemental Conditions - Including Task
Orders
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ARTICLE 4. GENERAL CONDITIONS
4.1 Commencement Of Work
The performance of the work as defined in the
Agreement between CONSULTANT 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 decrease in the amount of the
CONSULTANT's compensation, which are mutually
agreed upon by and between the CITY and the
CONSUL T ANT, shall be incorporated in written
Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation
shall be considered major, and require the approval of
the CITY.
4.4 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 incorporated herein by
reference. No changes or substitution shall be
permitted in the CONSULTANT's Key Personnel
without the prior written approval of the CITY or his
designee.
The CONSULT ANT shall employ only persons duly
registered in the appropriate category in responsible
charge of supervision and design of the work. The
CONSULTANT shall endorse all reports, contract
plans, and survey data, Such endorsements shall be
made by a person duly registered in the appropriate
category by the Georgia State Board of Registration
for Professional Engineers and Land Surveyors, being
in the full employ of the CONSULT ANT and
responsible for the work prescribed by this Agreement.
4.5 Accuracy Of Work
The CONSULTANT 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 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
subsequent correction of any
clarification of any ambiguities.
responsibility
errors and
for
the
4.6. 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 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.
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It is further agreed that if any information concerning
the PROJECT should be released by the
CONSULT ANT without prior approval from the
CITY, the release of same shall constitute grounds for
termination of this Agreement without indemnity to
the CONSULTANT, but should any such information
be released by the CITY or by the CONSULTANT
with such prior approval, the same shall be regarded as
public information and no longer subject to the
restrictions of this Agreement.
CONSUL T ANT shall not be restricted III any way
from releasing information, including proprietary
information, in response to a subpoena, court order, or
other legal process. CONSULTANT shall not be
required to resist such subpoena, court order, or legal
process, but shall promptly notify CITY in writing of
the demand for information before CONSULTANT
responds to such demand, CITY may, at its sole
discretion, seek to quash such demand.
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. 9 50-18-70, et
seq.). CONSULTANT shall cooperate 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 and CONSULTANT
with regard to its interpretation and performance, and
any other claims related to this agreement.
All claims, disputes and other matters in question
between CITY and CONSULTANT arising out of or
relating to the Agreement, or the breach thereof, shall
be decided in the Superior Court of Richmond County,
Georgia. The CONSULTANT, by executing this
Agreement, specifically consents to jurisdiction and
venue in Richmond County and waives any right to
contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
4.9. Termination Of Agreement For Cause
If through any cause, the CONSULTANT shall fail to
fulfill in a timely and proper manner its obligations
under this Agreement, or if the CONSULT ANT shall
violate any of the covenants, agreements or
stipulations of this Agreement, CONSULTANT will
be given the opportunity to commence correction of
obligation 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.
4.10 Termination For Convenience Of The City
The CITY may terminate this contract in part or in
whole upon written notice to the CONSULTANT.
The CONSULT ANT 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
CONSULTANT 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 awards other contracts for
additional related work, the CONSULT ANT shall
fully cooperate with such other consultants and the
CITY employees or appointed committee(s), and
carefully fit 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.
4.12 Covenant Against Contingent Fees
The CONSULT ANT warrants that no person or selling
agency has been employed or retained to solicit or
secure this Agreement upon an agreement or
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understanding for a commlSSlon, 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.
4.13 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.
4.14 Insurance
The CONSULTANT shall, at all times that this
Agreement is in effect, cause to be maintained in force
and effect an insurance policy(s) that will insure and
indemnify both the CITY against liability or financial
loss resulting from injuries occurring to persons or
property or occurring as a result of any negligent error,
act, or omission of the CONSULTANT during the
term of this Agreement.
The CONSULTANT shall provide, at all times that
this 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:
4.14.1 Workmen's Compensation Insurance - m
accordance with the laws ofthe State of Georgia.
4,14.2 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.
4,14.3 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.
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 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 m
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 an 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 CITY at the time of the execution of
this Agreement.
4.15 PROIDBITED INTERESTS
4.15.1 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 ~r degree with th~
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 Agreement or the
proceeds thereof.
4.15.3 Employment of CITY's Personnel:
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The CONSULTANT shall not employ <l;ny 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.
4.16. SUBCONTRACTING
The CONSULTANT shall not subcontract any part of
the work covered by this Agreement or permit
subcontracted work to be further subcontracted
without the CITY's prior written approval of the
subcontractor.
All subcontracts 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 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.
4.18 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the
CONSULTANT agrees as follows: (1) the
CONSUL T ANT will not discriminate against any
employee or applicant for employment because of
race, creed, color, sex or national origin; (2) the
CONSULT ANT will, in all solicitations or
advertisements for employees placed by qualified
applicants, receive consideration for employment
without regard to race, creed, color, sex or national
origin; (3) the CONSULTANT will cause the
foregoing provisions to be inserted in all subcontracts
for any work covered by the Agreement so that such
provision will be binding upon each subcontractor,
provided that the foregoing provision shall not apply
to contracts or subcontracts for standard commercial
supplies of raw materials.
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 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 or alcohol testing of
employees when contractually 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 subcontracts covering work under this
Agreement.
4.21 AUDITS AND INSPECTORS
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, to 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 CONSULTANT shall maintain all books
documents, papers, accounting records and othe;
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.
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4.22 OWNERSmp, 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 CONSUL T ANT against all claims
arising 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 appended hereto as prescribed in Article 3
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
above.
4.24 INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services under
this Agreement as an independent contractor and
nothing contained herein shall be construed to be
inconsistent with this relationship or status. Nothing
in this Agreement shall be interpreted or construed to
constitute the CONSULTANT or any of its agents or
employees to be the agent, employee, or representative
of the CITY.
4.25 NOTICES
All notices shall be in writing and delivered in person
or transmitted by certified mail, postage prepaid.
Notices shall be addressed as follows:
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below.;.
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AUGUSTAjJ;;OlfJt (CITY)
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PRINTED NAME, MJ t llH.(/.,/}-
TITLE: MAYOR
ATTES;a;Ir'~/
DATE: IYtNe-m/JeIl / fJ ~?J~
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, Ga 30901
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BY:
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PRINTED NAME: Gerald S. Levitt
TITLE:
Sr. V.P., CFO, and Treasurer
DATE' " p:j 0:>...
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT, in order to determine the requirements of the Project, shall review the information in
Attachment A - Scope of Services. CONSULTANT 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
CONSULTANT's services, if any, necessary for design to begin.
PROJECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's
and CONSULTANT'S requirements for this part of the project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expendability, and any
budgetary limitations, CONSULTANT may 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 CONSULT ANT to submit progress reports and/or plans shall be cause to
withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in
the regard.
The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the insurance limits as specified in Article
3 - General Conditions 4.14 Insurance.
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CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the 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 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 CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and
other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and
financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions
required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of
any development that affects the scope or timing of CONSULTANT's Services, or of any defect in the
work of CONSULTANT or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities associated in any way with
the PROJECT.
LITIGA TION 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 CONSULTANT by CITY, except for suits or claims between the
parties to this AGREEMENT, will be reimbursed as additional services.
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II t I
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
Design of expansions, additions and/or upgrades to the water and sanitary sewer systems within
Richmond County, Georgia affected by the Georgia Department of Transportation's Davis Road
Project from Skinner Road to Washington Road in Columbia County and the 1-520/1-20 Half
Diamond Interchange.
DESIGN OBJECTIVES:
These objectives are discussed in the attached Proposal for Design of Water and Sewer
Relocation provided by GREENHORNE & O'MARA, INe. on July 15, 2002 and as approved
by the Augusta Commission on September 17, 2002. This proposal shall be considered as part of
ATTACHMENT A: SCOPE OF SERVICES.
, .
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 CONSULTANT'S cost proposed for completing the
Scope of Work dated July 15,2002, which is attached and a part of this agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and
accompanied by all support documentation requested by the CITY, for payment for the services, which
were completed during the billing period. The CITY shall review for approval said invoices. The CITY
shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the
costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the
actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as
approved, provided that the approval or payment of any such invoice shall not 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 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.
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.
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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:
e
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ATTACHMENTD-SCHEDULEFORPERFORMANCE
The CONSULTANT shall submit the SCHEDULE FOR PERFORMANCE and it
shall be in accordance with the CONSULTANT'S proposal dated July 15,2002,
which is attached as part of SCHEDULE A- SCOPE OF WORK and is part of this
agreement.
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
'Detailed Scope of Services based upon Attachment A of this Agreement to be submitted with Cost
Proposal clearly defining the CONSULTANT'S understanding of the project limits, design
/objectives and CONSULTANT'S services to be provided.
I2l Cost Proposal that will include cost of surveying, design, preparation of construction plans and
/specifications, and other services requested in the CITY's Request for Proposal.
o Schedule for submittal of review documents at 30%, 60%, and 90% completion and final documents.
Prior to submitting 30% review documents:
i 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
;lerify to CITY'S satisfaction.
[3' Provide CITY with information on the project site(s), including the following:
· Past and present use of the land (specifically identify any landfilling activities in the area);
identify any nearby designated wetlands
. Soil type(s) as provided by GDOT.
. Boring results as provided by GDOT.
· Brief description of the area (e.g., residential, commercial, industrial) including general slope of
the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number
of properties affected and number of easements required with property owners identified.
· Identification of potential problems in meeting design objectives.
o Site Plan (If Required)
Throughout project:
~repare printed responses to comments received from the CITY following reviews.
~ Provide the necessary plats (complete with survey information on all items within the limits of both
A>ermanent and temporary easements) for easement acquisition and DOT/other permit application.
I2l yrepare Public Works/DOT/Other permit applications for signature by the CITY.
l3'.lrepare and submit plans to EPD for review and approval when required.
g Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications,
current edition. Specifications must mirror that provided by the CITY and must be complete for the
~escribed work.
[3' Prepare and submit construction cost estimates at each review stage ( 30%, 60% and 90%) and with
~ submittal of final documents. Provide cost breakdown for any items to be lump sum in the
onstruction contract.
Prepare list of quantities to be included in the plans starting at the 60% phase and revised accordingly
through the Final documents.
Up~completion of design:
I2f Provide Final Design plans and documents electronically per the Augusta Utilities Department's
Design Standards and Specifications.
o Coordinate with the City Purchasing Department to advertise the project.
o Fax bid information to CITY.
o Attend bid opening.
D Prepare letter of recommendation for award of the contract.
o Attain contractor's/other signatures on the contract documents and forward to the CITY.
D )TlVite attendees to, and conduct, the pre-construction meeting.
GJ Provide clarification related to the plans/specifications throughout design and construction.
a Provide record drawings from contractor red-lines/as-builts at completion of the project
Jlectronically, per the Utilities Design Standards and Specifications (latest version).
G::I Provide Services During Construction as follows:
. Recommend design changes as field conflicts arise (site visits may be required)
. Provide clarification of plans and specifications throughout construction
. Revise/update plans and/or easement plats as changes occur that require resubmittal to DOT/other
agencIes.
:~GUS~~~ARTMlliNT
PRINTED NAME: LJau~Wf-..J4. Ch'tFA::..
CONS~~
BY: i..U~
PRINTED NAME: Gerald S. Levitt
TITLE: ASSISTANT DIRECTOR
DA TE: /q1..f~ Z.
TITLE:
Sr. V.P., CFO, and Treasurer
I\L1J01-
DATE:
ADDITIONAL SERVICES:
1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT
has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct location
given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the
CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at
their request will be considered an additional service.
3. Out-of-town meetings or conferences required ofthe CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility of the CONSULTANT as contracted by the CITY to provide professional surveying and engineering services. It is
expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a manner which
promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a client. It is the duty of the
CONSULTANT to protect the safety, health and welfare of the public in the performance of their professional duties.
, .
GREENHORNE &
GENERAL CIVIL
TRANSPORTATION
ENVIRONMENTAL
GEOGRAPHIC SCIENCES
Q'MARA,INC.
VISIONS. SOIIJI/ONS.
July 15,2002
Mr. N. Max Hicks, PE
Director - Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
Attn: Mr. Douglas A. Cheek, PE
Assistant Director - Engineering and Construction Division
Re: Proposal for Design of Water and Sewer Relocation
Davis Road from Washington Road to Robert C. Daniel Parkway
I-20/I-520 Interchange Improvements
Gentlemen:
Pursuant to our meeting at your office on June 19 where we discussed the referenced projects, we are
hereby submitting the attached proposed scope of services and fee. This scope and fee is for the design of
the water and sewer line relocation made necessary by the roadway improvements that we are designing for
the Georgia Department of Transportation. Our proposed fee for these services is a lump sum amount of
$77,053.00.
With our familiarity of these two projects and the extensive field data that we have on hand, we feel we are
in a unique position to provide quality services to Augusta Utilities for the design of your facilities. As you
know, we have experience throughout the state doing just this type of work.
In anticipation of working with the City of Augusta, we forwarded the Consultant Services Agreement that
you provided to our legal department for review. There are three items within the General Conditions that
make us uncomfortable:
1. Section 6 - Confidentiality. There is a conflict here. This section requires that all materials be
kept confidential. However, under Section 7, all records are public records. To fix this, we suggest the
following paragraph be added to this section:
CONSULTANT shall not be restricted in any way from releasing information, including
proprietary information, in response to a subpoena, court order, or other legal process.
CONUL T ANT shall not be required to resist such subpoena, court order, or legal process, but shall
promptly notify CITY in writing of the demand for information before CONSULT ANT responds to
such demand. CITY may, at its sole discretion, seek to quash such demand.
2. Section 14, Paragraph 1. I believe the word "ensure" should be "insure."
C:\TEMP\WaterSewer Proposal Cover Letter.doc
3. Also Section 14, last paragraph. G&O can not name the City as co-insured. That would mean
that our insurance would cover the City for the City's own acts. We can name the City as an
additional insured. That means that the City may make a claim against G&O's underwriter for
damages G&O causes to the City.
Please consider these comments. If necessary, we can put our legal department in touch with the City for
further discussion.
We look forward to discussing this proposal with you at your earliest convenience and answering any
questions you might have about the proposal or the projects in general.
Sincerely,
GREENHORNE & O'MARA, INe.
Theon F. Grojean, PE
Transportation Project Director
Attachments: Scope of Services
Manhour Estimate and Fee Calculation
Cc: Project file
C:\TEMP\ WaterSewer Proposal Cover Letter.doc
"
SCOPE OF SERVICES FOR DESIGN OF WATER AND SEWER RELOCATION
Project Limits:
1. Davis Road Widening from Washington Road to Robert C. Daniel
Parkway.
Georgia DOT Project No. STP-7006(6) Richmond and Columbia County
P.I. No. 250560
2. 1-20/1-520 Interchange Improvements includes improvements to 1-520
from 1100 ft north of Scott Nixon Memorial Drive to 300 ft south of
Wheeler Road, the proposed interchange at 1-520 and Scott Nixon
Memorial Drive, the improvements at the 1-20/1-520 Interchange, and all
associated frontage roads and collector-distributor roadways.
Georgia DOT Project No. NH-IM-520-1(15) Richmond County
P.I. No. 210450
The following services and items shall be provided as part of this project:
· Consultant will visit the site and walk the project corridor to become familiar with the
scope of the project. Consultant will meet with the Client to review the project
mapping and obtain input on the project scope before the start of design.
· Consultant will design the relocation of the Augusta Utilities Department water and
sewer lines within the project limits described above. Design will be in accordance
with the Augusta Utilities Department Design Standards dated September 2000.
Location and survey of existing water and sewer lines have been accomplished for the
Georgia DOT under separate contract and are not included in this Scope of Services.
It is assumed that existing water mains within proposed pavement limits will be
relocated outside the pavement but within proposed Right-of-Way were possible.
Existing sewer lines will be relocated only where they conflict with new construction.
· Plan sheets will be provided for both the Davis Road Widening and the 1-20/I-520
Interchange Improvements showing the relocated water and sewer lines in accordance
with the Augusta Utilities Department Design Standards. The Davis Road plan sheets
will be at 1"=20' scale. The Interchange plan sheets will be at 1"=50' scale.
· Profiles will be provided for all relocated sewer lines. Profiles will not be provided
for water main relocation except where necessary to indicate required design detail.
· A construction plan sheet indicating the Summary of Quantities will be provided in
Georgia DOT format using Georgia DOT pay items. These pay items may differ
from those normally used by Augusta Utilities. A construction cost estimate will be
provided based on these pay items.
· Special Provisions to the Georgia DOT Standard Specifications will be provided as
necessary. It is assumed that the August Utilities Department Construction
Specifications can be incorporated by reference with general notes on the
construction plans. Conflicts with the state specifications will be resolved.
· It is assumed that the Augusta Utilities Department standard construction details can
be incorporated by reference with general notes on the construction plans.
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(..
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. All relocated water and sewer lines will be within the proposed Right-of-Way were
possible. Easement plats will be provided in the event that permanent utility
easements become necessary.
. It is assumed that the Water and Sewer Relocation Plans will become part of the
Roadway Plans that will be let for bid by the Georgia Department of Transportation.
All bid services (Pre-Bid meeting, Contractor selection, etc.) will be by the Georgia
DOT. All construction services (observation/inspection, measurement for payment,
etc.) will be by the Georgia DOT.
· As-Built Drawings/Record Drawings are not included in this scope of services.
However, the Consultant will provide digital drawing files in Microstation format to
the Augusta Utilities Department upon completion of the design.
I\A TLFS I VOSSI Trans10085\PM\ Water and Sewer Scope of Services.doc
., ..
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.'
Augusta Utilities Department
Date:
10/11/02
Project:
Davis Road Widening
1-20/1-520 Interchange Improvements
Phase:
,",'Mcr and Sewer Reloclltion
~ ~
'" '"
OIl '" C
" C ~ -;;
C '50 '" .~ -;; '0
" '" -;;
Task Iteml Task Description ~ C C '" u I-
L.lJ 'C '0
'50 ..c: '" .....
u B c u 0 I- 0
'" L.lJ '" ;t.
'i5' '" I-
et '"
C/J
0 0.00%
DA VIS ROAD 0 0.00%
1 Site Visit & Scope Mtg. With Augusta Utilitics 8 8 16 1.98%
2 Design of Relocated Water System 24 80 32 40 176 21.73%
3 Design of Rclocated Sewcr System 24 40 40 24 128 15.80%
4 Sewer Profiles 8 16 24 8 56 6.91%
5 Staging Coordination with Roadway Project 4 8 4 16 1.98%
6 Summary of Quantity Sheets 8 8 16 4 36 4.44%
7 Construction Cost Estimate 2 2 4 8 0.99%
8 Special Provisions 2 4 6 0.74%
9 Easement PlalS 4 8 8 4 24 2.96%
10 Address Client Review Comments 8 16 16 8 48 5.93%
11 Project Managemcnt & Coordination 24 16 40 4.94%
0 0.00%
0 0.00%
0 0.00%
1-20/1-520 INTERCHANGE 0 0.00%
12 Site Visit & Scope Mtg. With Augusta Utilities 0 0.00%
13 Design of Relocated Water System 16 32 16 16 80 9.88%
14 Design of Relocated Sewer System 8 16 16 8 48 5.93%
15 Sewer Protiles 2 8 8 4 22 2.72%
16 Staging Coordination with Roadway Project 4 8 4 16 1.98%
17 Summary of Quantity Sheets 2 4 8 2 16 1.98%
18 Construction Cost Estimate 2 2 4 8 0.99%
19 Special Provisions 2 4 6 0.74%
20 Easemcnt Plats 4 8 8 4 24 2.96%
21 Address Client Review Comments 4 8 8 4 24 2.96%
22 Proiect Management 8 4 12 1.48%
0 0.00%
0 0.00%
0 0.00%
0 0.00%
0 0.00%
:J 0 0.00%
Totals 168 280 216 126 20 810 100.00%
O:\0085\PM\Water-Sewer Fee Estimate