HomeMy WebLinkAboutMCSQUARED INC 20100 HIGHALND AVE WATER TREATMENT PLANT EXPANSION IMPROVEMENTS
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
MC Squared, Inc.
CONSULTANT:
MC Squared, Inc.
PROJECT:
20100 - Highland A venue Water Treatment Plant Expansion & Improvements -
Materials Testing Services .
DATE EXCECUTED:
DATE COMPLETED:
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
MC Squared, Inc.
This Agreeme:nt is made and entered into this 5th day of Tune, 2007 by and between AUGUST A, Georgia, a
political subdivision of the State of Georgia, hereinafter called the "CITY" and MC Squared, 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:
Construction testing, inspection, geotechnical engineering and related services for the Highland Avenue
Water Treatment Plant; and, .
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide
the services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed
by and between the CITY and the CONSULTANT that:
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 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. CONSULT ANT will
re-perform any services not meeting this
standard without additional compensation.
1.2 Amendments To Agreement
Every amendment to the Scope of Services shall
become and is hereby made a part of this
Agreement. Amendments must be fully executed
by both the CONSULT ANT and CITY to be valid.
1.3 Reduction In Required Services
If reductions in the required services are ordered
by CITY, the credits shall be the amounts for such
services as described in subsequently executed
Amendments to this Agreement, and no claim for
damages for anticipated profits shall accrue to the
CONSULTANT.
1.4 Date Changes
If in 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, CONSULTANT will be compensated
for all work prior to termination of contract even
if the CITY has obligated the funds to other
projects.
1.7 Project Progress
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.
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 CONSULT ANT 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
CONSULT ANT 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.
1.10 Extent Of The Agreement
This Agreement represents the entire agreement
between CITY and CONSULT ANT 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 CONSULT ANT 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 CONSULTANT'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.
2.9 Supplemental Agreement - means a written
order to CONSULT ANT 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.
ARTICLE 3: CONTRACT DOCUMENTS
3.1 List of Documents
The Agreement, the General Conditions, the
Attachments, and any Supplemental Agreements,
including Task Orders shall constitute the
Agreement Documents.
3.2 Conflict and Precedence
The Agreement Documents are complementary,
and what is called for by one is as binding as if
called for by all. In the event there are any
conflicting provisions or requirements in the
component parts of this Agreement, the several
Agreement Documents shall take precedence in
the following order:
1. Agreement - Including Attachments
2. General Conditions
3. Supplemental Conditions - Including
Task Orders
ARTICLE 4. GENERAL CONDITIONS
4.1 Commencement Of Work
The performance of the work as defined in the
Agreement between CONSULT ANT and the
CITY, and herein described in this Agreement as
Attachment A Scope of Work shall be
commenced upon receipt by the CONSULTANT
of a written Notice to Proceed. The effective date
of services shall be defined in each Notice to
Proceed.
4.2 Professional Standards
The standard of care for all services performed or
furnished by CONSULT ANT under this
Agreement will be the level of care and that is
ordinarily used by members of CONSULT ANT'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 CONSULT ANT, shall be
incorporated in written Supplemental
Agreements to the Agreement.
Changes that involve an increase in the
compensation shall be considered major, and
require the approval of the CITY. The Program
Manager may approve minor changes to the
scope of services that do not involve an increase
in compensation or schedule.
4.4 Personnel
The CONSULT ANT represents that it has
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 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 CONSULT ANT 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 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 CONSULT ANT
and responsible for the work prescribed by this
Agreement.
4.5 Accuracy Of Work
The CONSULT ANT shall be responsible for the
accuracy of the work and shall promptly correct
errors and omissions in its plans and
specifications without additional compensation.
The CONSULT ANT shall give 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 CONSULT ANT of the responsibility
for subsequent correction of any errors and the
clarification of any ambiguities.
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
CONSULT ANT 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 CONSULTANT with such prior
approval, the same shall be regarded as public
information and no longer subject to the
restrictions of this Agreement.
4.7 Open Records
CONSULTANT acknowledges that all records
relating to this Agreement and the services to be
provided under the contract may be a public
record subject to Georgia's Open Records Act
(O.c.G.A. S 50-18-70, et seq.). CONSULTANT
shall corporate fully in responding to such
requests and making all records, not exempt,
available for inspection and copying as provided
by law.
4.8 Jurisdiction
The law of the State of Georgia shall govern the
CONTRACT between CITY and CONSULT ANT
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 CONSULT ANT 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 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
CONSULT ANT 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.
4.10 Termination For Convenience Of The City
!he CITY may terminate this contract in part or
ill 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 CONSULT ANT
has not received any non-CITY fee related to this
Agreement without the prior written consent of
the CITY. For breach or violation of this
warranty, the CITY shall have the right to annul
this Agreement without liability or at its
discretion to deduct from the Agreement Price of
consideration the full amount of such
commission, percentage, brokerage or contingent
fee.
4.13 Responsibility For Claims And Liability
The 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 CONSULT ANT 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
CONSULT ANT during the term of this
Agreement.
The CONSULT ANT 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 CONSULT ANT 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
One Million ($1,000,000) Dollars on account of
anyone occurrence.
4.14.3 Property Damage Insurance - in an
amount of not less than One Million ($1,000,000)
Dollars from damages on account of an
occurrence, with an aggregate limit of One
Million ($1,000,000) Dollars.
4.14.4 Valuable Papers Insurance - in an amount
sufficient to assure the restoration of any plans,
drawings, field notes, or other similar data
relating to the work covered by the Project.
4.14.5 Professional Liability Insurance - in an
amount of not less than One Million ($1,000,000)
Dollars or an amount that correlates to the
aggregate fee on the project should it exceed
$1,000,000.
CITY will be named as an additional insured
with respect to CONSULT ANT'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.
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 CONSULT ANT shall not assign or transfer
whether by an assignment or notation, any of its
rights, obligations, benefits, liabilities or other
interest under this Agreement without the
written consent of the CITY.
4.18 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the
CONSULTANT agrees as follows: (1) the
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
national origin; (3) the CONSULT ANT 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.
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.
4.20 ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and
technicians performing work under this
Agreement shall be paid unconditionally and not
less often than once a month without deduction
or rebate on any account except only such payroll
deductions as are mandatory by law. The
CONSULTANT hereby promises to comply with
all applicable "Anti-kickback" laws, and shall
insert appropriate provisions in all subcontracts
covering work under this Agreement.
4.21 AUDITS AND INSPECTORS
At any time during normal business hours and as
often as the CITY may deem necessary, the
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 CONSULT ANT 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,
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
CONSULT ANT's knowledge and written
consent.
4.23 VERBAL AGREEMENT OR
CONVERSATION
No verbal agreement or conversation with any
officer, agent, or employee of the CITY, either
before, during, or after the execution of this
Agreement, shall affect or modify any of the
terms or obligations herein contained, nor shall
such verbal agreement or conversation entitle the
CONSULTANT to any additional payment
whatsoever under the terms for this Agreement.
All changes to this Agreement shall be in writing
and appended hereto as prescribed in Article 3
above.
4.24 INDEPENDENT CONTRACTOR
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street, Room 800
Augusta, GA 30911
Copy to:
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
The CONSULT ANT 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:
CONSULT ANT:
MC_~uared
4343 Shallo!VfordJ~d.,J3..k!g. B, Sutt~_8A
Marietta, Georgia 30062
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:
AUGUST A, GEORGIA (CITY)
~Y: t.SZ.~....{"' BY:
$~ PRINTED NAME: i1cv;P-P >. U~lYirh( ~PRINTED NAME:
TITLE: MAYOR TITLE:
DATE:
Ob/IIJ1J7
DATE:
Copy To:
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
CONSULTANT'S RESPONSIBILITIES
CONSULT ANT, 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.
PROTECT UNDERSTANDING
Upon request from the CONSULTANT, 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
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 CONSULT ANT to submit progress reports and/ or plans
shall be cause to withhold payment to the CONSULT ANT until the CONSULT ANT complies
with the CITY's request in the regard.
The CITY's review recommendations shall be incorporated into the plans by the
CONSULTANT.
CONSULT ANTIS INSURANCE
CONSULT ANT will maintain throughout this AGREEMENT the insurance limits as specified
in Article 3 - General Conditions 4.14 Insurance.
CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULT ANT all data in CITYls 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 CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT'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 CONSULT ANT's Services, or of
any defect in the work of CONSULT ANT 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 CONSULT ANT 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.
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
Construction testing, inspection, geotechnical engineering and related services for the Highland
Avenue Water Treatment Plant Expansion and Improvements project, Capital Improvements
Program Project No. 20100.
OBJECTIVES:
To provide on-going construction testing and inspection services for the Highland Avenue
Water Treatment Plant project for the project duration of approximately 22 months on a
combination of full time and as needed basis. Testing services include asphalt density testing,
bolt tension, concrete (temperature, air content, slump, concrete cylinders, concrete compressive
testing), soil (proctor testing, density tests, sampling, sieve analysis),~.gstone aggregate,
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULT ANT for services, which have been authorized by the
CITY under the terms of this Agreement as defined in CONSULTANTS cost proposal for
completing the Scope of Work dated March 27, 2007 as attached and made a part of this
agreement.
The CONSULTANT shall be compensated on a time and materials basis in accordance with
Section XI, Schedule of Testing Fees and Services of the cost proposal with the total fee not to
exceed without prior written authorization.
The CONSULT ANT 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 CONSULT ANT 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.
Overtime may be performed at the discretion of the CONSULTANT, but the premium time
portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested
acceleration of the scheduled work in writing.
ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULTANT shall provide qualified personnel to perform its work. The list of key
personnel below, including a designated Program Manager will not change or be reassigned
without the written approval of the CITY. Those personnel committed for this work are as
follows:
Sameer Moussly - Chief
Executive Officer, Project
Manager
Jodonna Jimenez - Project
Geotechnical Engineer
Joseph Akinpelu - Project
Field Technician
Chris Diviccaro - Certified
Radiation Safety Officer
Kermit Schmidt - Senior
Geotechnical Engineer
.
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 CONSULTANT as contracted by the CITY to provide professional surveying and engineering services.
It is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a
manner which promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a
client. It is the duty of the CONSULT ANT to protect the safety, health and welfare of the public in the performance of their
professional duties.
Augusta Utilities
RFQ Item #07 -l 02
Soils and Materials Testing Services for Highland
Avenue Water Treatment Plant
Fee Schedule
MC Squared is proposing the following:
We will be providing our services based upon hourly rates (Estimated l73 hours per
month for 26 months for inspector) as follows:
Project Manager (review reports and attend project meetings)
Estimated 4 hours per week excluding project meetings.
Senior Engineer (If needed)
Engineering Technician for all field services
upon l73 hours @ an hourly rate of $45/hour *
Additional technician
Secretary (daily reports)
Project trailer including all equipments
Travel expenses for Project Manager
Concrete cylinders
Grout or mortar cubes/prisms
Proctor
Organic Content
In-place density test
Technician travel to project trailer
Pick up truck
$l20 per hour
$90 per hour
$7740/month based
$45/per hour
$40 per hour
$l200/month ***
at cost.
$8 per cylinder
$ 7 each
$90 each
$35 each
No Charge
No Charge
No Charge***
* Over time rate will be invoices at the same hourly rate for hours worked over 8
hours per day, on weekend and holidays. All services associated with testing and
inspection on the project are included in the monthly charge including travel time to
project site.
***Includes the following testing equipment (trailer will be provided by MC
Squared and telephone/ fax. Power, water and sewer will be provided by
contractor):
. Concrete compression machine. Forney FX250
. Curing tanks for concrete cylinders including temperature control
. Concrete cylinder molds
. Concrete air meter
. Concrete thermometer and slump cones
. Scales
. Nuclear Density Gauge
. Full sieve stack
. Drying oven
. Computer, copier and fax
. Computer software
. Proctor molds and proctor hammers (two sizes)
. Speedy moisture device.
. Grout brass molds
. Mortar molds
. Atterberg Limits device
. ASTM reference books.
. Pick up truck.
,