HomeMy WebLinkAboutOliver Road Sewer
Augusta Richmond GA
DOCUMENT NAME: 0 I \ Ve..r-- KOnd Se.. Wer
DOCUMENT TYPE: ~~~e~\ry)~r\~
YEAR: ' 2003
BOX NUMBER: ~O
FILE NUMBER: \ ~ 0'10
NUMBER OF PAGES:
2~3
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ST ATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT:
(
,
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
KHAFRA Engineering Consultants, Inc.
PROJECT: Olive Road Sewer
DATE EXCECUTED:
DATE COMPLETED:
10F23
REVISION DATE: FEBRUARY 5, 2001
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STATE OF GEORGIA
RICHMOND COUNTY
MAlOR PROTECTS
CONSUL T ANT SERVICES AGREEMENT
BETIVEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this J i day of tvr-I. , 2003 by and
between AUGUST A, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY"
and KHAFRA Engineering Consultants, Ine. a Corporation authorized to do business in Georgia,
hereinafter called the "CONSULTANT.H
WHEREAS, the CITY desires to engage a qualified and experience consulting firm to furnish professional
services for:
Olive Road Sewer Design; and,
WHEREAS, the CONSULT ANT 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:
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REVISION DATE: FEBRUARY 5, 2001
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GENERAL PROVISIONS
CONSULTANT has agreed in its Agreement with CITY to procure the services of licensed design
professionals to provide the engineering services required to provide professional engineering and design
services for the Project in accordance with the requirements as outlined in and attached as Attachment A-
Responsibilities of the Design Engineer on Utilities Projects and other relevant data defining the Project.
CONSULT ANT COORDINATION
The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility
companies, and other consultants as directed by the CITY. CITY, CONSULTANT and all relevant parties
agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably
necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All
parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of
skill and diligence normally employed by professional engineers or consultants practicing under similar
conditions. CONSULTANT will re-perform any services not meeting this standard without additional
compensa tion.
AMENDMENTS TO AGREEMENT
Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement.
Amendments must be fully executed by both the CONSULTANT and CITY to be valid.
REDUCTION IN REQUIRED SERVICES
If reductions in the required services are ordered by CITY, the credits shall be the amounts for such
services as described in subsequently executed Amendments to this Agreement, and no claim for damages
for anticipated profits shall accrue to the CONSULTANT.
DATE CHANGES
If in this Agreement specific periods of time for rendering services are set forth or specific dates by which
services are to be completed are provided and if such periods of time or dates are changed through 'no fault
of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable
adjustment.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a q.uly executed Amendment hereto in writing under the
hands and seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D- Schedule.
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REVISION DATE: OCTOBER 15,2003
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This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise
obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the
CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to
termination of contract even if the CITY has obligated the funds to other projects.
PROJECT PROGRESS.
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.
LITIGATION
Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support,
prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY
except in consideration of compensation. All such services required or requested of CONSULTANT by the
CITY except suits or claims between the parties to this Agreement will be reimbursed as additional
services.
BINDINGS
It is further agreed that the CrTY 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.
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.
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REVISION DATE: OCTOBER 15,2003-
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DEFINITIONS
Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have
the following meanings:
Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement
with CITY to perform the Work. .
Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to
the CONSULTANT under this Agreement.
CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia.
CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant
to this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by reference.
Contract Time - means the period of time stated in this Agreement for the completion of the Work.
Program Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison
between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review
of CONSULTANT's plans and work.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having
a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part
of the Work called for by this Agreement.
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.
Task Order - means a written order specifying a Scope of Services, time of completion and compensation
limit for services being provided by CONSULT ANT. . Task Orders shall be incorporated by reference as
part of the Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the successful
completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement.
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REVISION DATE: OCTOBER 15, 2003
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CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including
Task Orders shall constitute the Agreement Documents.
Conflict and Precedence
The Agreement Documents are complementary, and what is called for by one is as binding as if called for
by all. In the event there are any conflicting provisions or requirements in the component parts of this
Agreement, the several Agreement Documents shall take precedence in the following order:
1. Agreement - Including Attachments
2. General Conditions
3. Supplemental Conditions - Including Task Orders
6 OF 23 REVISION DATE: OCTOBER 15, 2003
GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY,
and herein described in this Agreement as Attachment A shall be commenced upon receipt by the
CONSULTANT of a written Task Order authorization. The effective date "of services shall be defined in
each Task Order authorization.
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. .
3. CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performed hereunder. All such changes,
including any increase or decrease in the amount of the CONSULTANT's compensation, which are
mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written
Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require the approval
of the CITY. The Program Manager may approve minor changes to the scope of services that do not
involve an increase compensation schedule.
4. PERSONNEL
The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any contractual
relationship with, the CITY. All of the services required hereunder will be performed by the
CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall
be authorized or permitted under law to perform such services.
All key professional persOlmel, including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C
- Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be
permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his
designee.
The CONSULT ANT shall employ only persons duly registered in the appropriate category in responsible
charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract
plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate
category by the Georgia State Board of Registration for Profes~ional Engineers and Land Surveyors, being
in the.full employ of the CONSULTANT and responsible for tl;ework prescribed by this Agreement.
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REVISION DATE: OCTOBER 15, 2003
5. ACCURACY OF WORK
The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and
omissions in its plans and specifications without additional compensation. The CONSULTANT shall give
immediate attention to these changes so there will be a minimum of delay to others.
Acceptance of tlle work by the CITY will not relieve the CONSULTANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
6. CONFIDENTIALITY
The CONSULTANT agrees that its conclusions and any reports are for the confidential use and
information of the CITY and that it will not disclose its conclusions in whole or in part to any persons
whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same
with it or its authorized representatives. Upon completion of this Agreement term, all documents,
drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become
the property of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and
findings of the work conducted under this Agreement shall not be presented publicly or published without
prior approval in writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the
CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for
termination of this Agreement without indemnity to the 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.
7. OPEN RECORDS
CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided
under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. S 50-18-70, et
seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law. Services by CONSULTANT for Open
Records shall be considered EXTRA SERVICES and shall be compensated for in accordance with Article 3
herein before.
8. TURISDICTION
The law of the State of Georgia shall govemthe CONTRACT between CITY and CONSULTANT with
regard to its interpretation and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction
and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
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REVISION DATE: OCTOBER 15,2003
9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations
under this Agreement, or if the CONSULT ANT shall violate any of the covenants, agreements or
stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of
obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to
maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule
without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have
the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination,
and specifying the effective date thereof, atleast five (5) days before the effective date of such termination.
In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared
by the CONSULTANT under this Agreement shall become the property of the CITY, and the
CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents, as mutually agreed by the CITY and CONSULTANT.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated services under this Contract up to the time of termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall
fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and
carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT
shall not commit or permit any act which will interfere with the performance of work by any other
CONSULTANT or by CITY employees.
The CITY and CONSULTANT agree to utilize Article 3 to review the scope of work associated with the
CONSULTANT's coordination with other work by other consultants.
12. COVENANT AGAINST CONTINGENT FEE~~
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 CONSULTANT for the purpose of securing business and that the CONSULTANT has not
received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For
breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability
or at its discretion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
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The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees
from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from
the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work
under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance
coverage.
14. INSURANCE
The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program Manager against
liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of
any negligent error, act, or omission of the CONSULT ANT during the term of this Agreement.
_ The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation
insurance in accordance with the laws of the State of Georgia.
The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not
less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries,
including those resulting in death to anyone person, and in an amount of not less than One Million
($1,000,000) Dollars on account of anyone occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from
damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings,
field notes, or other similar data relating to the work covered by the Proj~ct.
E. Professional Liability Insurance - in an of not less than One Million ($tOOO,OOO) Dollars or an amount
that correlates to the aggregate fee on the project should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in
insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty-(30) 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 Director at the time of the execution of this Agreement.
15. PROHIBITED INTERESTS
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 arty manner or degree with the performance of its
services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement,
no person having such interest shall be employed.
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15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof.
15.3.1 Employment of CITY's Personnel: The CONSULTANT shall not emPloy any person or persons in
the employ of the CITY for any work required by the terms of the Agreement, without the written
permission of the CITY except as may otherwise be provided for herein.
15.3.2 Employment of CONSULTANT's personnel: The CITY shall not employ any person or persons in
the employ of the CONSULT ANTfor any work required by the terms of the Agreement, without
the written permission of the CONSULTANT except as may otherwise be provided for herein.
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.
17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights,
obligations, benefits, liabilities or other interest under this Agreement without the written consent of the
CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT
will not discriminate against any employee or applicant for employment because of race, creed, color, sex
or national origin; (2) the CONSULT ANT wilt in all solicitations or advertisements for employees placed
by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or
national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by the Agreement so that such provision will be binding upon each subcontractor,
provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial
supplies of raw materials.
19. DRUG FREE WORK PLACE
CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner
with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance
in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property,
vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or
immediate discharge.
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REVISION DATE: OCTOBER 15, 2003
CONSULTANT shall notify the appropriate federal agencies of an employee who has a known criminal
drug statute conviction for workplace violation.
CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated,
or when good business practices woul? dictate.
20. ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and technicians performing work under. this Agreement shall be
paid unconditionally and not less often than once a month without deduction or rebate on any account
except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to
comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts
covering work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the
CONSULTANT shall make available to the CITY and/ or audit representatives of the CITY for examination
all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY
and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs incurred on the Project and used in support of its proposal and shall make such material
available at all reasonable times during the period of the Agreement, and for three years from the date of
final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies
thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of
this Article shall be included in any Agreements it may make with any subcontractor, assignee, or
transferee.
22. OWNERSHIP, PUBLICA nON, REPRODUCTION AND USE
All documents and materials prepared as an instrument of service pursuant to this Agreement are the
property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and
otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this
Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT
against all claims arising out of such use of documents and materials without the CONSULTANT's
knowledge and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before,
during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations
herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any
additional payment whatsoever under the terms for this Agreement. All changes to tllis Agreement shall
be in writing and appended hereto as prescribed in Article 3 above.
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REVISION DATE: OCTOBER 15,2003
24. INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services under this Agreement as an independent contractor and
nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in
this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or
employees to be the agent, employee, or representative of the CITY.
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.
Notices shall be addressed as follows:
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30901
CONSULT ANT:
KHAFRA Engineering Consultants, Inc.
418 Fourth Street
Augusta, GA 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
,PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street
Augusta, GA 30901
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REVISION DATE: OCTOBER 15, 2003
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
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BY:
BY:
PRINTED NAME:
TITLE: MAYOR
TITLE: President
DATE:
DATE:
Copy To:
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
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REVISION DATE: OCTOBER 15, 2003
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 CONSULTANT'S requirements for this part of the project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expendability, and any budgetary limitations. CONSULTANT may request from the CITY to
furnish data, reports, surveys, and other materials that may be relied upon in performing
CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the
project activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY
in association with this Agreement shall be subject to review.
The CITY may at any time request progress reports, prints or copies of any work performed
under this Agreement. Refusal by the CONSULT ANT to submit progress reports and/ or plans
shall be cause to withhold payment to the 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.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
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REVISION DATE: FEBRUARY 5, 2001
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 CONSULT ANT, the CITY will
provide the necessary documents identifying the CONSULTANT as being in the employ CITY
for the purpose described in the Agreement.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT
construction.
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to 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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REVISION DATE: OCTOBER 15, 2003
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION: Along Olive Road between Gordon Highway and Martin Luther
King Jr. Blvd. And on Stevens Road, there are approximately 87 properties that are without
sewer service. Design drawings will be prepared to provide sewer service to these areas.
DESIGN OBJECTIVES: Survey, design and pn~pare construction plans, specifications and
cost estimates to provide sewer service to non sewered properties along Olive Road and in
the near vicinity. New sewer service will be tied into the existing system at Barnes Road.
Submittals consisting of plans, specifications and a cost estimate will be provided for review at
30%,60%,90% and when the design is complete. In addition, electronic record drawings will
also be provided per the latest version of the Utilities Design Standards and Specifications.
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ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of this Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the
CITY and accompanied by all support documentation requested by the CITY, for payment for
the services, which were completed during the billing period. The CITY shall review for
approval said invoices. The CITY shall have the right to reject payment of any invoice or part
thereof if not properly supported, or if the costs requested or a part thereof, as determined
solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase.
The CITY shall pay each such invoice or portion thereof as approved, provided that the
approval or payment of any such inv.oice shall not considered to be 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.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may
inhibit execution of the work. The CONSULTANT shall also submit an accurate updated
schedule, and an itemized description of the percentage of total work completed for each phase
during the billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task
Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard
billing rates shown in Attachment B to the Contract of those principals and employees engaged
directly on the work.
Compensation for design services shall be invoices based on the sum of all actual costs incurred
in the performance of the work, including all direct, payroll, overall and profit cost in an
amount not-to-exceed the compensation set forth in any authorized Task Order. All invoices
submitted by the CONSULT ANT shall be detailed to reflect incurred expenses, labor hours and
costs by authorized Task where applicable.
Overtime may be performed at the discretion of the CONSULT ANT, but the premium time
portion of the overtime will not be billed to the CITY unless tlle CONSULTANT has requested
acceleration of the scheduled work in writing.
The lump sum cost for these services shall not exceed $32,000.00.
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ATTACHMENT C - LISTING OF KE;Y 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:
Terry Ford KHAFRA Program Director
Rasheed Ahmad KHAFRA Project Manager
Seble Abebe KHAFRA Design Engineer
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REVISION DATE: OCTOBER 15, 2003
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ATTACHMENT D - SCHEDULE FOR PERFORMANCE
Notice to Proceed
Survey
30% Submittal
A UD Review
60% Submittal
AUD Review
90% Submittal
A UD Review
Pinal Submittal
2 weeks
2 weeks
1 week
3 weeks
1 week
2 weeks
1 week
2 weeks
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REVISION DATE: OCTOBER 15, 2003
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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:
~
~Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with
Cost Proposal clearly defining the CONSULT ANT'S understanding of the project limits, design
objectives and CONSULT ANT'S services to be provided.
~
~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.
~Schedule for submittal of review documents at 30%,60%, and 90% completion; and final
documents.
Prior to submitting 30% review documents:
~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 when required by CONSULT ANT for new facilities or where depth of
line and existing site conditions warrant.
. Brief description of the area (e.g., residential, commercial, industrial) including general
slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities.
Include number of properties affected and number of easements required with property
owners identified
. Identification of potential problems in meeting design objectives.
o Site Plan (If Required)
Throughout project:
~Prepare printed responses to co~ents r~ceiv{~d from the CITY following reviews.
o Provide the necessary plats for easement acquisition and DOT/ other permit application.
~Prepare Public Works/DOT/Other perinit applications for signature by the CITY.
o Prepare and submit plans to EPD for review and approval when required.
~. .
l~Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications
(latest version). Specifications must mirror that provided by the CITY.
~
l~Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the
submittal of Final documents. Provide cost breakdown for any items to be lump sum in the
construction contract.
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REVISION DATE: OCTOBER 15,2003
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. Upon completion of design:
~Coordinate with the City Pu;chasing Department to advertise the project.
F':;:":::-'~
~Fax bid information to CITY.
o Attend bid opening.
o Prepare letter of recommendation for award of the contract.
o Attain contractor' s/ other signatures on the contract documents and forward to the CITY.
o Invite attendees to, and conduct, the pre-construction"~eeting.
~
I~Provide clarification related to the plans/ specifications throughout design and construction.
~Provide record drawings at completion of the project electronically, per the Utilities Design
Standards and Specifications (latest version).
o Provide Services During Construction as follows:
. Attend project meetings as scheduled by the CITY
· Recommend design changes as field conflicts arise (site visits may be required)
· Review and approval of pay requests from the construction Contractor (line of
communication will be construction contractor to resident observer to CONSULTANT
to CITY)
· Provide clarification of plans and specifications throughout construction
· Revise/update plans and/or easement plats as changes occur tha~ require resubmittal to
DOT/other agencies. /
PRINTED NAME:
. Bates, P.E.
AUGUSTA UTILITIES DEPARTMENT
BY:
BY:
TITLE: DIRECTOR
TITLE: President
DATE:
DATE:
PROGRAM MANAGER
BY:
PRINTED NAME:
TITLE:
DATE:
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REVISION DATE: OCTOBER 15,2003
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l'
ADDITIONAL SERVICES:
1. Revisions to the plans/ contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct
location given by CITY, incorrectly marked on plans by engineer) will be the responsibility
of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other
government agency at their request will be considered an additional service.
.3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional surveying and engmeering services.
It is expected that such professionals will operate in a manner which assures the interests of the conID1on 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.
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REVISION DATE: OCTOBER 15, 2003