HomeMy WebLinkAboutMajor Projects Consultant Services / Zel Engineers
Augusta Richmond GA
DOCUMENT NAME: (Y' A"'30R. ~(<..D:r~CI S CoN~lJL.'" 4N,. SE~lIlceS
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DOCUMENT TYPE: A ~ (Z.e~M~J
YEAR: f:).O D ~
BOX NUMBER: 1 ~
FILE NUMBER: J 4> 13 ~
NUMBER OF PAGES:
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ST ATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
--
CONSULT ANT:
ZIMMERMAN, EV ANS AND LEOPOLD, INC. (ZEL Engineers)
PROJECT:
Project 10250: Goodrich Street Raw Water Pumping Station Upgrade
DATE EXCECUTED: 1-\ II <<4 ( Os
DATE COMPLETED:
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STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROTECTS
CONSULT ANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(OTY)
AND
CONSULTANT
This Agreement is made and entered into this \ ~ day of Kc-.rch , 2003 by and
between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY"
and _ZIMMERMAN, EV ANS AND LEOPOLD, INC.---J 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:
Proiect 10250: Goodrich Street Raw Water Pumping Station Upgrade
; 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 CONSULT ANT that:
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GENERAL PROVISIONS
ARTICLE 1. PROCUREMENT OF SERVICES
CONSULT ANT 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 CONSULT ANT 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 execut~d
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
services as described in subsequently executed
Amendments to this Agreement, and no claim for
damages for anticipated profits shall accrue to the
CONSULTANT.
1.4 Date Changes
If in 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 CONSULT ANT
on behalf of the CITY under this Agreement.
However, CONSULT ANT 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.
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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 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.
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 Agreement Execution - means the date on
which CONSULTANT executes and enters into
an Agreement with CITY to perform the Work.
2.2 Agreement Price - means the total monies,
adjusted in accordance with any provision herein,
payable to the CONSULTANT under this
Agreement.
2.3 CITY - means a legal entity AUGUSTA,
GEORGIA, a political subdivision of the State of
Georgia,
2.4 CONSULTANT - means the party or parties
contracting directly with the CITY to perform
Work pursuant to this Agreement.
2.5 Contract - means the Agreement Documents
specifically identified and incorporated herein by
reference.
2.6 Contract Time - means the period of time
stated in this Agreement for the completion of the
Work.
2.7 Program Manager - means CH2M HILL as
the representative of the CITY who shall act as
Liaison between the CITY and the
CONSULT ANT for all matters pertaining to this
Agreement, including review of CONSULT ANT's
plans and work.
2.8 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.
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2.9 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.
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 CONSULTANT
under this Agreement.
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ARTICLE 3: CONTRACf 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
ARTICLE 4. GENERAL CONDITIONS
4.1 Commencement Of Work
The performance of the work as defined in the
Agreement between CONSULT ANT and the
CITY, and herein described in this Agreement as
Attachment A Scope of Work shall be
commenced upon receipt by the CONSULT ANT
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 CONSULT ANT' s compensation,
which are mutually agreed upon by and between
the CITY and the CONSULTANT, shall be
incorporated in written Supplemental
Agreements to the 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
in compensation or schedule.
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
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contractual relationship with, the CITY. All of
the services required hereunder will be
performed by the CONSULT ANT under its
supervision, and all personnel engaged in the
work shall be qualified and shall be authorized or
permitted under law to perform such services,
All key professional personnel, including
subcontractors, engaged in 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
CONSULT ANT's Key Personnel without the
prior written approval of the CITY or his
designee.
The CONSULT ANT shall employ only persons
duIy 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 duIy
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.
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 CONSULT ANT 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.
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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.
It is further agreed that if any information
concerning the PROJECf 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 CONSULT ANT, but
should any such information be released by the
CITY or by the CONSULTANT with such prior
approval, the same shall be regarded as public
information and no longer subject to the
restrictions of this Agreement.
4.7 Open Records
CONSULT ANT 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. ~ 50-18-70, et seq.). CONSULTANT
shall corporate fully in responding to such
requests and making all records, not exempt,
available for inspection and copying as provided
by law.
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4.8 Jurisdiction
The law of the State of Georgia shall govern the
CONTRACf 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 CONSULT ANT 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, 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 givirig 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 CrTY, and the
CONSULTANT shall be entitled to receive just
and equitable compensation for any satisfactory
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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 CONSULTANT shall be
paid for any validated services under this
Contract up to the time of termination.
4.11 Coordination And Cooperation With Other
Utilities And Consultants
CONSULT ANT shall thoroughly research all
utility records to identify the existing facilities on
the submitted plans for avoidance, or resolution,
of conflicts with the proposed Scope of Services.
If the CITY undertakes or 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 CONSULTANT 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 CONSULT ANT 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
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commission, percentage, brokerage or contingent
fee.
4.13 Responsibility For Oaims And Liability
The CONSULT ANT 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
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 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 - in
accordance with the laws of the 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
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One Million ($1,000,000) Dollars on account of
anyone occurrence.
4.14.3 Pro-perty 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 in insurance coverages identified in
items (b) and (c).
The policies shall be written by a responsible
company(s), to be approved by the CITY, and
shall be noncancellable except on thirty-(30) days'
written notice to the CITY. Such policies shall
name the CITY as co-insured, except for worker's
compensation and professional liability policies,
and a copy of such policy or a certificate of
insurance shall be filed with the CITY at the time
of the execution of this Agreement.
4.15 PROHIBITED INTERESTS
4.15.1 Conflict of Interest
The CONSULT ANT 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 CONSULT ANT further agrees
that, in the performance of the Agreement, no
person having such interest shall be employed,
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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:
The CONSULT ANT 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.
4.16. SUBCONTRACTING
The CONSULT ANT 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. 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.
4.17 ASSIGNABILITY
The CONSULTANT 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 ,
CONSULT 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
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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
CONSULT ANT 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.
CONSULT ANT 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,
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
CONSULT ANT hereby promises to comply with
all applicable "Anti-kickback" laws, and shall
insert appropriate provisions in all subcontracts
covering work under this Agreement.
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4.21 AUDITS AND INSPECfORS
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, 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 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
CONSULT ANT agrees that the provisions of this
Article shall be included in any Agreements it
may make with any subcontractor, assignee, or
transferee.
4.22 OWNERSHIP, PUBLICATION,
REPRODUCfION 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.
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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 ~y 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
above.
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CITY:
ADMINISTRATOR
AUGUST A, GEORGIA
530 Greene Street, Room 800
Augusta, GA 30911
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
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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
CONSULT ANT 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:
CONSULTANT:
ZIMMERMAN EVANS AND
LEOPOLD, INC
435 Telfair Street
Augusta, Ga. 30901
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street, Suite 100
Augusta, GA 30901
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
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Copy To:;
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DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, Ga 30901
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CONSUL
BY:
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DATE: April 14, 2003
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT, in order to determine the requirements of the Project, shall review the
information in Attachment A - Scope of Services. CONSULTANT shall review its
understanding of the Project requirements with Program Manager and shall advise CITY of
additional data or services which are not a part of CONSULT ANT's services, if any, necessary
for design to begin.
PROJECT UNDERSTANDING
Upon request from the CONSULT ANT, CITY may provide all criteria and full information as to
CITY's and CONSULT ANT'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 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 insurance limits as specified
in Article 3 - General Conditions 4.14 Insurance.
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CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all property owners or occupants of the intent to enter.
properties for the purpose of accomplishing work in accordance with the practices of the CITY.
The CONSULTANT shall discuss with and receive approval from the CITY prior to sending
notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will
provide the necessary documents identifying the CONSULTANT as being in the employ CITY
for the purpose described in the Agreement.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for CONSULT ANT'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 CONSULT ANT 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 CONSULT ANT by CITY, except
for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional
services.
,.
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ATIACHMENT A - SCOPE OF SERVICES
PROJECf DESCRIPTION: Professional Services consistent with the proposal for services
dated September 4, 2002 and Preliminary Engineering Design Report 20250 Upgrade Raw
Water Pumping, by Zimmerman, Evans and Leopold, Inc., dated June 2002
DESIGN OBJECfIVES: Expansion of the Raw Water Pumping Station on Goodrich
Street to provide as follows:
. A separate non-hydropower pumping station with three 20 mgd units rated for a water
supply from the Savannah River source,
. A new, hydropower pumping station with two 30 mgd units rated for a water supply
from the Augusta Canal.
. Connection of the new facilities discharge to the existing pipelines on the south side of
the Augusta Canal and to the existing pipelines from the existing raw water pumping
station.
. New operations, control and stores facility,
. Appropriate site improvements consistent with Preliminary Engineering Design Report
20250 Upgrade Raw Water Pumping
. Coordination with the by-pass vault project to provide one complete site development
addressing public safety and passage through the campus.
~
ATIACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of this Agreement as defined in CONSULTANTS cost proposed for
completing the Scope of Work dated September 4,2002 and attached and made 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.
"
2E ~35 Telfair Street
T d W. Ell' P E Ch f B d E .t . fii Augusta, Georgia 3090 1.2494
e .. IS..., m.o oar. men us
Josep~ J. Tankersley. P.E:. President E N GIN E E R S
Jorge t:.. JImenez. P.E.. V,ce. PresIdent
Charles D. Drown, P.E., Treasurer Z r;.
fMMI<;RMA...l'If, r__VANS AND LEOPOLD, Ii'<(:.
(70f;) 7:!-I-;){;:!7
"''''''', Z ,.: 1.1-:.'.;(; I.'" ,.:/.; I( >'.( '( ) ~ I
Kenneth E. Green. P.E.. Secretar'l
John R. Evans. P.E. .
R. Nelson Williams. P.E.
John R. Armstrong, P.E.. Retired
September 4,2002
2000-P 14
Mr. Jim Rush, Program Project Engineer
CH2M lill.L Augusta 2000 Program Office
360 Bay Street
Suite 100
Augusta, Ga. 3090]
Re: ADD No. 20250 Upgrade Raw Water Pumping
Dear Mr. Rush:
As requested by Mr. Goins in our review meeting of August 8th we have reviewed the needs of the
project consistent with our Report, PREL1lvUNARY ENGINEERING DESIGN REPORT
20250 UPGRADE RA W WA lER PUMPING, June, 2002. Due to site constraints, we recommend
the complete arrangement be designed integrally to properly plan the construction sequence and take
advantage of operational and construction economies and logistics.
We have attached our opinion ofthe costs for the project as detailed in the Report. We have
evaluated the engineering costs per ASCE guidelines for this region based on the issuance of two
construction contracts and we have also provided a detailed effort estimate for the engineering work.
We propose to provide the professional design services, through Bid Phase support, for a Jump sum
of$],350,000. Included in the lump sum are: $50,000 for design work to take place in the existing
campus that has been requested by the Department in addition to the Vault Bypass project and a
$50,000 allowance for reimbursable costs, We also propose to provide Construction Phase
engineering services, excluding resident observation, on a cost basis not to exceed $ $410,000. [f
you have any questions in this regard, or need additional information, please let us know.
Sincerely
ZIMMERMAN, EVANS AND LEOPOLD, Inc.
. Drew Goins, Assistant Director, AUD
JEJ: st
2000014 ,\{;D No. 10250 UDl!T3~ Raw
"
ZEL Engineers
Professional Services Proposal Cost Worksheet
20250 Upgrade Raw Water Pumping
Augusta Utilities Department
September 4, 2002
Task Description Total Costs
F Final Design Engineering Services $ 1.248,927
1 Section 404 Permit Application .$ 22,367
2 Section 404 Mitigation $ 39,396
3 Augusta Canal Authority - National Pari< Service Coordination $ 17,664
4 FEMA Non Rise Certification $ 10,666
5 Coordination - Project Review with Staff Contract 1 $ 19,911
6 Coordination - Project Review with Staff Contract 2 $ 29,911
7 Project Management Project Meetings - Contract 1 \ $ 41.502
8 Project Management Project Meetings - Contract 2 $ 63,007
9 Drawing: Cover Sheet - Contract 1 .$ 3,009
10 Drawing: Cover Sheet - Contract 2 S 2,302
11 Drawing: General Arrangement - Contract 1 .$ 9.072
12 Drawing: General Arrangement - Contract 2 .$ 9,072
13 Drawing: Site Grading Plan Contract 1 $ 9,072
14 Drawing: Site Grading Plan Contract 2 .$ 9,072
15 Drawing: Site Access and Parking, Retention Wall, Parking, Roadway, Public Access, RR Xing, Contract 0 $ 18,721
16 Drawing: Site Parking, Tank Sites, Rear Access, Public Access - Contract 2 .$ 18.721
17 Drawing: Site Parking, Back Roadway, Public Access, Screenings Removal - Contract 2 .$ 9,072
18 Drawing: Yard Piping North of Canal, Exist Connector. Contract 0 .$ 9,072
19 Drawing: Yard Piping South of Canal - Contract 1 $ 10,292
20 Drawing: Yard Piping North of Canal and Xing- Contract 1 .$ 9,072
21 Drawing: Yard Piping Contract 2 $ 9,072
22 DraWIng: Intake Plan. Contract 2 S 9,072
23 Drawing: Intake Structural - Contract 2 S 10,592
24 Drawing: Intake Details, Arrangements, Coffer Dam - Contract 2 $ 10,851
25 Drawing: Intake Details, Sections - Contract 2 .$ 9,072
26 Drawing: Intake Accessories (rake, diversion equipment, gates, operators, etc,) Contract 2 $ 9,072
27 Drawing: Foundation Sublevel Plan - Contract 1 .$ 10,851
28 Drawing: Foundation Subievel Plan - Contract 2 .$ 10,851
29 Drawing: Floor Plan @ Elevations #1 All -Power Station - Contract 1 .$ 9,072
30 Drawing: Floor Plan and Elevations #2 All .Power Station - Contract 1 .$ 9,072
31 Drawing: Floor Plan @ Elevations #1 Hydro Power Station - Contract 2 $ 9,072
32 Drawing: Floor Plan and Elevations #2 Hydro Power Station - Contract 2 $ 9,072
33 Drawing: Floor Plan and '':Ievations #3 Operations and Control - Contract 2 $ 16.572
34 Drawing: Architectural SHctions and Details # 1 - Contract 1 $ 13,161
35 Drawing: Architectural Sections and Details # 1 - Contract 2 $ 13,161
36 Drawing: Architectural Sections and Details # 2 Operations and Control - Contract 2 .$ 13.161
37 Drawing: Architectural Sections and Details # 2 - Contract 1 .$ 13.161
38 Drawing: Architectural Sections and Details #3 Operations and Control - Contract 2 $ 13.161
39 Drawing: Roof and framing plan Contract 1 .$ 15,100
40 Drawing: Roof and framing plan # 1 - Contract 2 $ 15,677
41 Drawing: Roof and framing plan # 2 - Contract 2 $ 15,677
42 Drawing: Roof and framing plan # 3 Operations and Control- Contract 2 $ 15,677
43 Drawing: Roof and framing sections Contract 1 $ 15,100
44 Drawing: Roof and framing sections Contract 2 $ 15.160
45 DraWIng: Roof and framing sections Operations and Control Contract 2 $ 15,100
46 Drawing: Sluice Channel and Turbine Room Sections # 1 Contract 2 $ 9.072
..
Task Description Total Costs
47 Drawing: Sluice Channel and Turbine Room Sections # 2 Contract 2 $ 9,072
48 Drawing: Plant Piping, Valving and Yard Valve Specialties Contract 1 $ 9,072
49 Drawing: Aft Power House Sections Contract 1 $ 10,072
5{) Drawing: All Power Pump Details Contract 1 $ 9.072
51 Drawing: All Power Engine Arrangement Contract 1 $ 9,072
52 Drawing: Alt Power Accessories #1 Contract 1 $ 9.072
53 Drawing: Aft Power Accessories #2 Contract 1 $ 9,072
54 Drawing: Alt Power Slab & Beam Framing Details Contract 1 $ 10,851
55 Drawing: Aft Power Mise Mechanical Contract 1 $ 10,851
56 Drawing: Turbine Room Arrangement and Sections Contract 2 $ 9,072
57 Drawing: Turbine Room Elevation Contract 2 $ 9.072
58 Drawing: Turbine Pump Room Arrangement and Sections 1 Contract 2 $ 9,072
59 Drawing: Turbine Pump Room Arrangement and Sections 2 Contract 2 $ 9,072
60 Drawing: Turbine Room Architectural Contract 1 $ 13,004
61 Drawing: Turbine Room Architectural Contract 2 $ 18,004
62 Drawing: Turbine Room Arrangement and Sections #1 Contract 1 $ 9,428
63 Drawing: Turbine Room Arrangement and Sections #2 Contract 2 $ 9,428
64 Drawing: Turbine Building Architectural 1 Contract 2 $ 14,428
65 Drawing: Turbine Building Architectural 2 Contract 2 $ 13,004
66 Drawing: HVAC Contract 1 $ 11,851
67 Drawing: HVAC #1 Contract 2 $ 12,851
68 Drawing: HVAC #2 Contract 2 $ 12,851
69 Drawing: Alt Power Building Architectural 1 Contract 1 $ 13,004
70 Drawing: All Power Building Architectural 2 Contract 1 $ 13,004
71 Drawing: Small Piping Plans and Details Contract 1 $ 9.072
72 Drawing: Small Piping Plans and Details Contract 2 S 9,072
73 Drawing: Mise. Details # 1 Contract 1 $ 9,072
74 Drawing: Mise. Details # 2 Contract 1 $ 9,072
75 Drawing: Mise. Details 1 Contract 2 $ 9,072
76 Drawing: Mise. Details 2 Contract 2 S 9,072
77 Drawing: Architectural Details Contract 1 $ 14,072
78 Drawing: Architectural Details Contract 2 $ 14,072
79 Drawing: Electrical P&ID Contract 1 $ 10,851
80 Drawing: Electrical P&ID Contract 2 $ 10.851
81 Drawing: Electrical Power Supply Contract 0 $ 10,851
82 Drawing: Electrical Power Supply Contract 1 $ 10,851
83 Drawing: Electrical Power Supply Contract 2 $ 10,851
84 Drawing: Electrical Control & Flow Measurement Contract 0 $ 10,851
85 Drawing: Electrical Control & Flow Measurement Contract 1 $ 14.410
86 Drawing: Electrical Schedules Contract 1 $ 9,072
87 Drawing: Electrical Schedules #1 Contract 2 S 10,851
88 Drawing: Electrical Schedules #2 Contract 2 $ 10,851
89 Project Review Definition (60) Contract 1 $ 17,880
90 Project Review Definition (60) Contract 2 $ 22,880
91 Specifications for Equipment Contract 1 $ 14.382
92 Specifications for Equipment Contract :2 $ 18,864
93 Final Contract Documents Contract 1 $ 3,923
94 Final Contract Documents Contract 2 $ 3.923
95 Compile Project Schedule for Construction Sequence Contract 1 $ 9.69J
96 Compile Project Schedule for Construction Sequence Contract 2 $ 10.046
97 Submittals to review agencies (NPS, EPD, ACA, SHPO) Contract 1 $ 7,126
98 Submittals to review agencies (NPS, EPD. ACA, SHPO) Contract 2 $ 7.126
'.
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Task Description Total Costs
Bid Assistance Services S 60,168
99 Pre Bid Conference Contract 1 '5 iO.082
100 Pre Bid Conference Contract 2 S 10.C82
101 PreBid clarifications and interpretation, addenda, Contract 1 $ 7.034
102 PreBid clarifications and interpretation, addenda, Contract 2 S 7.034
103 Bidder Prequalification Contract 1 S ::>.594
104 Bidder Prequalification Contract 2 'S 9,153
105 Bid Evaluation and Recommendation Contract 1 S 5.59-1
106 Bid Evaluation and Recommendation Contract 2 S 5,594
Engineering During Construction Services $ 410,334
107 Pre Construction Conference Contract 1 $ 3,835
108 Pre Construction Conference Contract 2 $ 3,835
109 Shop Drawing Review Contract 1 $ 45.683
110 Shop Drawing Review Contract 2 $ 45,683
111 Bi,Weekly Progress Meeting .Contract 1 $ 16,071
112 Bi-WeekIy Progress Meeting Contract 2 $ 27.587
113 Periodic Site Visits Contract 1 $ 39,239
114 Periodic Site Visits Contract 2 $ 48.615
115 Conflict Resolution Contract 1 $ ~,635
116 Conflict Resolution Contract 2 $ 28.478
117 Regulatory Agency Communications Contract 1 $ 6.641
118 Regulatory Agency Communications Contract 2 :5 6.641
119 Final Inspection Contract 1 $ 11,280
120 Final Inspection Contract 2 $ 17,715
121 Closure Documents Contract 1 $ 12.826
122 Closure Documents Contract 2 :5 12.826
123 Certification Contract 1 :5 1.374
124 Certification Contract 2 :5 1.374
125 Reimbursable costs (printing and mileage) S SO.CXXJ
Totals 1,719,429.28
Zimm~lman, Evans and I .Date:June 2002 . .. ! I
IClient: Augusta Utilities Department I
Leopold, Inc. Consulting I
I Augusta, Georgia I i
Engineers I Project: Raw Water Pumping i
Project No. 0103-00 I
i Improvements Project 20250
i
Raw Water Pumping ! !
Turbine Driven I
Direct Costs Summary
I Intake
$445,600
i : I
I I :
I iACIP 2000 :
i 1 i
! $9,661,0001 ~ $6,869,600!
1 I I
i $966,100: : $686,9601
! $10,627,1001 I $7,556,5601
Engineering Final Design I I I
and Bidding for two 1 I
~ontracts@ 6.65% I I $1,209,213!
Construction' I
Administration@ 2.22% I I I $201,8391
Professional Services j I i
Subtotal ! : I
-------1.--...---.----.....-...........--.
Resident Inspection. : I
--__._..__l._____._._.L..__.. I
I . :
-----~--_._--.;...-_.._+-+.._-_.- ----
TOTAL ALL COSTS I j
Building Costs
Demolition
Piling
Substructure
Superstructure
Structural Steel-erected
and painted
Painting
Occupancy Equipment
Fire Protection
Area Costs
Site Work
Landscaping
Retaining Wall and
Road Bridge
~encing and Gates
Railroads
Roadway and Area
Paving
Underground Fire
protection
Process Drains
Stonn Drains
Sanitary Sewers
Foundation and
Exploration Tests
Total Direct Cost
Contingencies
Total
$3,355,600'
$0
I
p. 2 of 2 i I
I I Power and
Sluice .OP. CtI Bldg. Pump Bldg Draft Chest
$507,800' $786,4001 $471,700 $908,700'
Tail Race
$235,400
incl.
incl.
$3,355,600
,
$445,600, $507,800 I
I I
I
I i
I !
I
I
I
i I
I
i I
I
, i
I ,
i I
I
,
; i
$786,400
$471,700
,
$908,700
I
$235,400
I
!
j
i
I
i
incl.
$100,000 I
$0
SO!
i
$1,122,900 I
$810,5001
$50,OOO!
I
$205,600 I
incl. i
incl. ;
I
T
$56,800;
i :
,
. ;
I
,
i
i
$Oi
incl.
incl.
incl.
:
i i
iTotal Project !
I
i
l $16,S30,600i
I
i $1,653,060!
i $18,183,6601
i
i
I
,
..;.
j
$1,209,2131
j j
$403,677 i :
.-- .--..... . ._--r---'---
, i I i
$1.411,052! I $1,612,8911 .,______.J_h.__..____
$1 00,000L_____J~250,00QC.---_-.__i_.-.... _.__uh._
; Ii!
--.----.----- _. _........_.-1 ____ __~ ._.__
i $9,067,6121
: $20,046,551 i
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ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULT ANT 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:
Jorge E. Jimenez, p, E. Program Manager
Joe J. Tankersley, P. E. Project Engineer
CD, Drown, P. E. Structural Engineer
J. R Armstrong, P. E. Structural Engineering QC
John R Evans, P. E. Electrical Engineer
Ken Wardenski, ElT Mechanical Engineer
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ATTACHMENT D - SCHEDULE FOR PERFORMANCE
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CONSULTANT SERVICES
As a part of this Agreement the CONSULT ANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
13 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.
ua- 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.
B Schedule for submittal of review documents at 30%,60%, and 90% completion and final
documents.
Prior to submitting 30% review documents:
a 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.
o 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.
. 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
o~ersidentUied,
. Identification of potential problems in meeting design objectives.
D Site Plan (If Required)
Throughout project:
S-Prepare printed responses to comments received from the CITY following reviews.
(iI Provide the necessary plats (complete with survey information on all items within the limits
of both permanent and temporary easements) for easement acquisition and oaT/other
permit application,
(3 Prepare Public Works/DOT IOther permit applications for signature by the CITY,
~ Prepare and submit plans to EPD for review and approval when required,
UI- Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications
(latest reference). Specifications must mirror that provided by the CITY and must be
complete for the described work.
'.
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Ii( Prepare and submit construction cost estimates at each review stage ( 30%, 60% and 90%)
and with the submittal of final documents, Provide cost breakdown for any items to be
lump sum in the construction contract.
Upon completion of design:
IB' Coordinate with the City Purchasing Department to advertise the project.
o Fax bid information to CITY.
0' Attend bid opening.
8 Prepare letter of recommendation for award of the contract.
ur Attain contractor' sf other signatures on the contract documents and forward to the CITY.
[E( Invite attendees to, and conduct, the pre-construction meeting.
0' Provide clarification related to the plansf specifications throughout design and construction.
GtProvide record drawings at completion of the project electronically, per the Utilities Design
Standards and Specifications (latest version).
6'" 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
. Revisef update plans and/ or easement plats as changes occur that require resubmittal to
DOT f other agencies.
AUGUSTA ~fn"IEs DEPARTMENT
BY: l( 1/7 4~
PRINTED NAME: Nt tf!4,X. I/L~ ~.5 P
~~~~: DIRECTOR +- ) t CJ /03
f f4/1-
4/'/c~ (M~f/l7V
tv.'! 2~ ?-vo"3.
P
TITLE:
DATE:
':'7 ..
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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 exi,sting utilities by the CONSULT ANT (i.e., correct
location given by CITY, incorrectly marked on plans by engineer) will be the responsibility
of the CONSULT ANT. 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 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 weUare, 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.