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HomeMy WebLinkAboutGreenhorne and O'Mara Inc. Augusta Richmond GA DOCUMENT NAME: 0, (0 PI',"" \-vl\.'('(\ e. ? 0 l 1 A Ir-- '\ b '-A... "-" ,.1 }""\........ ~ '::"c. . DOCUMENT TYPE: ~u.rn en to YEAR:02-. BOX NUMBER: I '1 FILE NUMBER: I {o,L..f/--{7 NUMBER OF PAGES: '2..5 .~ ~ ~ ~ ~."-,:j I ' '. .' STATE OF GEORGIA AUGUSTA-mCHMONDCOUNTY UTILITIES DEPARTMENT DESIGN CONSULTANT SERVICES AGREEMENT.. " 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: . -. -~ .. ~-t _ ,i ," 'i 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: i'\ ~l _ J 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. .' 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 ?-I '\" the CITY except suits or claims between the parties to this 'Agreement will be reimbursed 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, 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. I,J 1,1-;- 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. l~J 1,1 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 ~ I'j i j 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. ~ l..,i i I 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 1'1 \ I 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: ,; I .1 ~l. I 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. 'I -', 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: 3oob'7 .. , IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below.;. "' ,- ~ / .....' -- .....". '-, /, J""'o. ~-..- ~ .t"'~\'''''' /' ....... - -=:;J." -~ /.: r f,; ~~.. - --- : 7- -~...""""'" AUGUSTAjJ;;OlfJt (CITY) rSY /1Jf1f/< 12l(({ 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 '. I" BY: -"..- "'....~,- ..'., ,- ., . /;- . / , ., ~ PRINTED NAME: Gerald S. Levitt TITLE: Sr. V.P., CFO, and Treasurer DATE' " p:j 0:>... ,; 1 I I I 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. '.1 I r 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. ,; 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. , , 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 , , 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. ~ (.. . . . 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 ., .. ;- .' 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