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HomeMy WebLinkAboutKHAFRA WATER MAIN REPLACEMENTS FORT GORDON RECREATION AREA AT THURMOND LAKE .i. STATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULT ANT: KHAFRA Engineering Consultants, Inc. PROJECT: Water Main Replacements For Fort Gordon Recreation Area At Thurmond Lake DATE EXECUTED: December 3, 2008 DATE COMPLETED: 10F29 REVISION DATE: June 2006 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this 3rd day of December, 2008 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and KHAFRA Engineering Consultants, 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: Engineering services during design, bidding and construction phases for the Water Main Replacements For Fort Gordon Recreation Area At Thurmond Lake project; 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: 2 OF 29 REVISION DATE: June 2006 GENERAL PROVISIONS CONSULTANT has agreed, in this 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 Services and other relevant data defining the Project. CONSULT ANT 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. 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. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONSULTANT. 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. 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. 3 OF 29 REVISION DATE: June 2006 TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULT ANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and 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 CONSULT ANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agreements, either written or oral. 4 OF 29 REVISION DATE: June 2006 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULT ANT under this Agreement. CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULT ANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order - means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. 5 OF 29 REVISION DATE: June 2006 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the" Agreement"). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement - Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders 6 OF 29 REVISION DATE: June 2006 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be defined in the N otice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULT ANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT'S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. The Program Manager may approve minor changes to the scope of services that do not involve an increase compensation schedule. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C - Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his designee. The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. 7 OF 29 REVISION DATE: June 2006 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 responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULT ANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. S 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and 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. 8 OF 29 REVISION DATE: June 2006 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 CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULT ANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULT ANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the submitted roadway 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 CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees. 12. COVENANT AGAINST CONTINGENT FEES The CONSULT ANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 9 OF 29 REVISION DATE: June 2006 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE 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 ensure and indemnify both the CITY, and Program Manager against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia. B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than One Million ($1,000,000) Dollars on account of anyone occurrence. C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance - in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverage's identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) daysl written notice to the CITY. Such policies shall name the CITY as co-insured, except for worker1s compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 10 OF 29 REVISION DATE: June 2006 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 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 CITY1s prior written approval of the subcontractor. The CITY will not approve any subcontractor for work covered by this Agreement that has not been recommended for approval by the Program Manager. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY 11 OF 29 REVISION DATE: June 2006 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. CONSULT ANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer's, and 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. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULT ANT shall make available to the CITY and/ or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/ or representatives of the audit, 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 other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT's knowledge and written consent. 23. VERBAL AGREEMENT OR 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 12 OF 29 REVISION DATE: June 2006 CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The 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. 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: CONSULT ANT: ADMINISTRATOR AUGUSTA, GEORGIA 530 Greene Street Augusta, GA 30911 KHAFRA ENGINEERING CONSULTANTS, INC. 230 Peachtree St. N.W. Suite 200 Atlanta, GA 30303 Att: Michael C. Leung Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 13 OF 29 REVISION DATE: June 2006 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: AUGUST A, GEORGIA (CITY) cJ2v&~ PRINTED NAME: f,e ~-c Co r-c::;,~rl-(PrVC5i- BY: -t-:):.~}~:t-~~~..... ~ AS ITS: MA Y.0<<O'~~iC'H{\IOi"-:"c..~\~".. tk1 ,.,..;' /"" 'O~:. "",'.",~ ........... 00 ~b, (/ _". ,~" .- , "Q .1', ,~ ~~' P!.::5-' ..0 ,,~ ,-'" 'r). \l '" (".. ..- ,,'P', v~ ~ 't ~ '" ,~,,~ ...... If. ~.""'" ,,~.L.~ \a ATTESffil' ,~~E \ . ~ ~ ~ . 0 .. _ ~ ~, ~ ~ : " ~ ,(j ~ 'J3f .<8..~.... LU '<~ ..- PRINTED N~:.. GIi'ORG\~;,~ ..,,'iit~""~"l:i> AS ITS: Clerk of Commission DAm 'f3,~ l..J )11~ Copy To: DIRECTOR AUGUST A UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 14 OF 29 CONSULT ANT: KHAFRA ENGINEERING CONSULTANTS, INC. BY: PRINTED NAME: Michael C. Leung AS ITS: PRINCIPAL-IN-CHARGE ATTEST: i!l)~!J1IuJr- [. ~'l'.~~ PRI~ NAME: Waymo~B. Jones V AS ITS: Corporate Secretary DATE: /~/o ~ ~JY / / ",. REVISION DATE: June 2006 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 Program Manager and shall advise CITY of additional data or services which are not a part of CONSULTANT's services, if any, necessary for design to begin. 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 CONSULT ANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in the regard. The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT. CONSULT ANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 - Insurance. 15 OF 29 REVISION DATE: June 2006 CITY'S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULT ANT'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. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services. 16 OF 29 REVISION DATE: June 2006 ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: I. SERVICES DURING DESIGN PHASE A. Project Description (See also attached Schematic) 1. Main Line along Pike Avenue a. Provide design of a connection to a Columbia County owned 12-inch water main near the intersection of Washington Road and Pike Avenue. Design to include bore & jack installation of the 8-inch water main across Washington Road if necessary. b. From the intersection of Washington Road and Pike Avenue, design approximately 8,300 LF of 8-inch water main complete with isolation valves, fire hydrants, water meter, backflow prevention devices, and auto flushing devices. Approximately 700 LF of the 8-inch main will be on Bass Drive between Pike Avenue and Bluegill Road. c. Provide design for a 2-inch service main complete with meter and backflow prevention device to serve 8 existing cabins. Connections to individual cabins will not be required provided the existing service main can be located. d. Provide design for a 2-inch service main complete with meter and backflow prevention device to serve the existing bathhouse and marina. e. Individual service lines to the existing bathhouse and marina will be reconnected to the new 2-inch service main. 2. Branch Line along Deer Drive a. From the intersection of Pike Avenue and Deer Drive, design approximately 1,500 LF of 6-inch water main complete with isolation valves, fire hydrants, and auto flushing devices. b. Provide services to 5 existing cabins with 1-1/4 inch service lines complete with meters and backflow prevention devices. 3. Branch Line along Trout Road a. From the intersection of Pike Avenue and Trout Road, design approximately 900 LF of 6-inch water main complete with isolation valves, fire hydrants, and auto flushing devices. b. Provide design of a 2-inch service main complete with meter and backflow prevention device to serve a bathhouse and a RV Park. The new 2-inch service main will be reconnected to the existing service main. c. Individual services to the bath house and each RV Lot will not be required. 17 OF 29 REVISION DATE: June 2006 4. Branch Line along Bluegill Road a. From the intersection of Pike Avenue and Bluegill Road, design approximately 1,300 LF of 6-inch water main complete with isolation valves, fire hydrants, and auto flushing devices. b. Provide design of a 2-inch service main complete with meter and backflow prevention device to serve a future Convention Center. c. Demolition of an existing water tank at the intersection of Bass Drive and Bluegill Road. 5. Branch Line along Bass Drive a. From the intersection of Bluegill Road and Bass Drive, design approximately 1,000 LF of 6-inch water main complete with isolation valves, fire hydrants, and auto flushing devices. b. Provide design of a 2-inch service main complete with meter and backflow prevention device to serve an existing and 2 future Six-plexes. c. The service line to the existing six-plex will be reconnected to the new 2-inch service main. d. Provide design of a 2-inch service main complete with meter and backflow prevention device to serve a future RV Park. e. Provide design of a 2-inch service main complete with meter and backflow prevention device to serve an existing building at the end of the cul-de-sac. f. The service line to the existing building will be reconnected to the new 2-inch service main. 6. Branch Line along Army Road a. From the intersection of Pike Avenue and Army Road, design approximately 400 LF of 6-inch water main complete with isolation valves, fire hydrants, and auto flushing devices. b. The service line to an existing building on Army Road will be reconnected to the new 6-inch main. c. The 2-inch service main to an existing building and camp ground will be reconnected at the existing 2-inch meter and backflow preventer on Army Road. B. Deliverables 1. 100% Ready-for-Bid package shall include: a. Plan drawings showing proposed alignments of the replacement water mains complete with all required fittings, valves, hydrants, meters, backflow prevention devices, auto flushing devices, thrust restraints, and connections to existing and new service lines. b. Profiles of the water mains will not be required. c. Specifications edited from the Master Specifications furnished by AUD. 18 OF 29 REVISION DATE: June 2006 d. All additional specifications required but not covered in the AUD Master Specifications. e. Standard Details required but not covered by the A UD Master Standard Details. f. Erosion and Sedimentation Control Plans, Notes, Details and BMP Certifications. g. Number of sets and format of the bid package shall be as determined by AUD. 2. Opinions of construction costs at the 30%, 60% and 100% design levels. 3. Intermediate submittals at the 30%,60% and 95% design completion levels for AUD's review. Format and number of review sets will be as determined by AUD. C. Additional Services During Design 1. Land Disturbance Permit (LDP) a. Coordinate with Columbia County Engineering Services or the Fort Gordon Base Civil Engineer regarding requirements of Land Disturbance permitting. b. Prepare documentation package in support of application for securing of the LDP. c. Secure LDP from County Engineering Services or Base Civil Engineer on behalf of AUD. d. Coordinate with GA EPD and prepare NOI including NPDES Storm Water Monitoring Station Location Map e. Perform pre-construction professional site inspection of BMPs. 2. GA DOT Utility Facilities Encroachment Permit a. Coordinate with GA DOT regarding requirements of Utility Facilities Encroachment permitting. b. Prepare documentation package in support of application for securing of the GA DOT Utility Facilities Encroachment Permit. 3. Prepare review packages for Base Civil Engineer or Columbia County Agencies having jurisdiction over tree protection, fire protection, etc as necessary. D. Design Schedule The time of completion for Design Phase shall be as described in the schedule attached hereto as Attachment D - Project Schedule (Revised 12-01-2008). II. SERVICES DURING BID PHASE CONSULTANT shall perform the following tasks during the bidding phase of this project: A. Coordinate with Augusta-Richmond County Procurement Department B. Attend and provide assistance to AUD in conducting the Pre-Bid conference. 19 OF 29 REVISION DATE: June 2006 C. Address RFI's from potential bidders. D. Assist AUD in issuance of addendums. E. Attend Bid Opening meeting. F. Prepare Bid Tabulations. G. Evaluate Bids and prepare recommendations to AUD. H. Prepare Conformed Plan and Specifications. III. SERVICES DURING CONSTRUCTION PHASE A. Construction Period 1. Construction duration assumed to be 180 calendar days from the issuance of Notice- To-Proceed to the winning contractor. B. Office Engineering CONSULTANT shall perform the following tasks during the construction phase of this project: 1. Attend and provide assistance to AUD in conducting the Pre-construction conference. 2. Review contractor's submittals. 3. Address RFI's from contractor. 4. Provide assistance to AUD in issuance of change order if requested by AUD. 5. Attend Project progress meetings on a monthly basis and up to four emergency conflict resolution meetings as requested by ADD. 6. Perform up to ten site visits and prepare reports. 7. Assist AUD in final inspect ion at substantial completion. 8. Assist AUD in preparing final punch list. 9. Prepare as-built documents based on information provided by the contractor's field records. 20 OF 29 REVISION DATE: June 2006 IV. ENGINEERING COSTS A. Design Phase 1. The Engineering cost for performing the above specified Services during Design Phase shall not exceed $96,359. B. Bid Phase 1. The Engineering cost for performing the above specified Services during Bid Phase shall not exceed $15,926. C. Construction Phase 1. The Engineering cost for performing the above specified Services during Construction Phase shall not exceed $31,460 DESIGN OBJECTIVES: The objective of this capital project is to replace the existing 3-inch water main with an 8-Inch water main that will allow adequate water supply to the Fort Gordon Recreation Area at Thurmond Lake in Columbia County, GA. A conceptual schematic of the proposed system is attached herewith. CONSULT ANT shall provide Engineering services for the Design, Bid and Construction phases of this project. 21 OF 29 REVISION DATE: June 2006 WATER MAIN REPLACEMENTS FOR FORT GORDON RECREATION AREA AT LAKE THURMOND SCHEMATIC '1.." 5"" "It) f't:1.c:R.::Jj 12.V (Nf\~~O .. 1JI '2,'. s\Jc. 1'b~ ~'~ l#" 0 \:'l. ThN~ '-0 eG ~~~p ~"c. :fa E~ ~C:r 2"SJ~ To ~. ~t-$ L<X.A\' oW '-n.....'f:.,y\o.J)~ ., ?. u Sit. "('0 ~~e.\!. ~.)$"'" E&4 -.J\~ W\~ Sye.., To e>.c. 8 L..L::Et . ..\NCOl..to.stt)~ 'l'J1t--e,\-\\N€<<Q\oJ ~O 1: -- - - - - svc.. To E'1.. Sl.D5r Wrt\-' lV1lSTt~ '6-A$CS11A-nL ~~~&JO o~ rr..AHl te.-.lIce ~f:QtJ\""" '2." 9lC. ~ E.."I.. ~ ~\) t'Q.oPoS'aO o I"p. ~~ ! """,,- ct ~,,~~~ 2. hSlC. TO fA'{\.\ \t~ ~o.)O ,...~ \o'l~n m.~'tE;~ -<i",,.:'l . lJu ~~ l' Ls~ t:1 9/c..To ~"~, \'YV'Jt\ NA 'bU IJJ ~ ~ c: ?> 1)E1S~ DI2. VC "{n ? E-L. CA6t aJ? \"~~ (0" y,. e.1>-- 'to ~ $"'c.. O~c;.9..;:pd' ,....."'T'!""..v~Ul..1' - ........- ~- -. ~ ~~6.0 l.O(":r~o"" ~"WL. rj ,----- ...-------- " 1A~S'rI>..-... J '" _ J ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The 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 considered to be 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. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. Compensation for design services shall be invoices based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overall and profit cost in an amount not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. 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 CONSULT ANT has requested acceleration of the scheduled work in writing. 23 OF 29 REVISION DATE: June 2006 ATTACHMENT C - LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: Michael Leung, P.E. Principal-in-Charge Merideth Pool, P.E. Project Manager/Engineer Edward Burton Lead Civil Engineer 24 OF 29 REVISION DATE: June 2006 ATTACHMENT D - SCHEDULE FOR PERFORMANCE As per attached Project Schedule. 25 OF 29 REVISION DATE: June 2006 ~1 $,~ -GI ~~ " .~ ?~1 ............m. - ...........-..-~_ .--___________ ~ .~-,._"-"--_._-------,--_..._-_.- ~,._,~---- ~ D.' ~ !! ~ ~ . . ~ <( ~ ! ! ! ! ~ ~ l i . ;.. -+-~--+----...-.---r. i , ~ j f i 8 ~ " , ;3 i ' ~ I ! J . ~ . r+ ~ o · ~ . i l I ~~~=D I~D_~~ ~ [ I J [ r i . '. ! I i ! ! ! i ! ! ! ! ! ! ! I ! ! '~I ~ ~ i ~ ~ ;~ ~ ~~~~iliiil '~ffi '~ ~ ~ qr ~ '! ~"~' i~~.~j~ iii~~ i~ "~'c-I-+-'-i7!- j ! i j ;.! 0.[. i i ; 5 t!. oil : ,~ i.f ~ I i !,:. i I i f i }! J !Pj }iii'~ ! !. ol~.-J ~ !~~;~&f .o! '~~!~~i_ I ; ] ! I - ~ ~l~~~ 1 ~ "'~ i i ~ '~ j ~ ! ~~ I F ~ i t-: ! I'll ~ & & i j ~ i i Ii I f , :~ i t '~ ~ ::.r, ~ ~. . . ... ;'!i oil ~ ~ ;.!' ~ i,~~.~i ; j. i i l!t !~ ~!~:~ ll;~:!l i ~ ~~ ~i " ." CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items (CONSULT ANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization To Proceed: lit JDetailed Scope of Services based upon Schedule 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. lit ~ 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. lit d Schedule for submittal of review documents at 30%,60%, and 90% completion; and final documents. Prior to submitting 30% review documents: lit ~ Locate all existing utilities using available information collected by the CONSULTANT. The CITY will furnish available information on water and sewer locations however the () CONSULT ANT must verify to CITY'S satisfaction. Iit~ 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) . Boring results when required by CONSULTANT for new facilities or where depth of line and existing site conditions warrant. . 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 .. ~ 0,. Identification of potential problems in meeting design objectives. lit ~Site Plan (If Required) Throughout project: lit lit Prepare printed responses to comments received from the CITY following reviews. Provide the necessary plats for easement acquisition and DOT/other permit ation. app lit lit lit Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY. Prepare Public Works/DOT/Other permit applications for signature by the CITY. Prepare and submit plans to EPD for review and approval when required. 27 OF 29 REVISION DATE: June 2006 o ~prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the subrmttal of Final documents. Provide cost breakdown for any items to be lump sum in the construction contract. Upon completion of design: o o o o o evelop conformed contract documents and forward to the CITY for execution. o ~ Attend the pre-construction meeting as a technical reference to the CITY. 0~Provide clarification related to the plans/specifications throughout design and z:~uction. o ' Provide record drawings at completion of the project electronically, per the Utilities (~StandnrdS and Specificalions (larest version), o Provide Services During Construction as follows: . Attend project meetings as scheduled by the CITY . Recommend design changes as field conflicts arise (site visits may be required) . Review and approval of pay requests from the construction Contractor (line of communication will be construction contractor to resident observer to CONSULT ANT to CITY) . 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. Coordinate with the City Procurement Department to advertise the project. Fax bid information to CITY. Attend the Pre-Bid Meeting as a technical reference to the CITY. Prepare letter of recommendation for award of the contract. ARTMENT CONSULTANT te By,~L~~ '~uY' PRINTED NAME: Michael C. Leung BY: (//,# J ,4~6v'NJ TITLE: DIRECTOR /1{ 16 lie I PROGRAM MANAGER TITLE: PRINCIPAL-IN-CHARGE DATE: DATE: /..<h 3,/c,J1- / / BY: PRINTED NAME: TITLE: DATE: 28 OF 29 REVISION DATE: June 2006 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 of the CONSULTANT by the CITY. 4. Other not described above, as approved by the CITY. NOTE: It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional surveying and engineering services. It is expected that 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. 29 OF 29 REVISION DATE: June 2006 r