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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. ,