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HomeMy WebLinkAboutOne Source Development, L LC Augusta Richmond GA DOCUMENT NAME: One'Sou.rce.. b-e..Vc.to~~Y\ei'\t I LI--C DOCUMENT TYPE: AJe.e-<\'" en~ YEAR: 02- BOX NUMBER: \ 7 FILE NUMBER: 1 (i:X~ G2-C) NUMBER OF PAGES: ~2~ I I I I I I I I I I I I I I I I I I I .JJ.2t 1t- /6 c(p () STATE OF GEORGIA AUGUSTA-RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA ( CITY) AND ONESOURCE DEVELOPMENT, LLC (CONSULTANT) CONSULTANT: ONESOURCE DEVEOPMENT, LLC PROJECT: Boundary & Topographic Survey of Property (30-Acre Tract) & New Access Road to serve Augusta Utilities, Public Works & Engineering Complex DATE EXCECUTED: DATE COMPLETED: I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA AUGUSTA-RICHMOND COUNTY I MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND ONESOURCE DEVELOPMENT, LLC (CONSULTAN!) This Agreement is made and entered into this / 7 day of &~ , 20a.2by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia; hereinafter called the "CITY" and ONESOURCE DEVELOPMENT, LLC, a Limited Liability Company 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: Boundary & TOPol?:raphic Survey of Property (30-Acre Tract) & New Access Road to serve AUl?:usta Utilities, Public Works & Enl?:ineerinl?: Complex; and, WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation, NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULT ANT that: ' I I GENERAL PROVISIONS I I ARTICLE 1. PROCUREMENT OF SERVICES I 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 Scope of Work and other relevant data defining the' Project. I I 1.1 Consultant Coordination I 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 nornially employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation, I I I I 1.2 Amendments To Agreement I 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. I 1.3 Reduction In Required Services I 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. I 1.4. Date Changes I 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 I 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 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, 1.7 Project Progress CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion, 1.8 Litigation Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such. services required or requested of CONSULTANT by the CITY. except suits or claims between the parties to this Agreement will be reimbursed as additional services. 1.9 Bindings It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULT AN: shall assign, sublet or transfer its or their interest in thiS I I I Agreement without prior written consent of the other party hereto. I 1.10 Extent Of The Agreement I This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agre.ements, either written or oral. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 A!!reement Execution - means the date on, which CONSULT ANT executes and enters into an Agreement with CITY to perform the Work. 2.2 . A!!reement 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 CONSULT ANT - means the party or parties contracting directly with the CITY to perfohn 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. 2.7Pro!!ram Mana!!er - 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. 2.8 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 Wark called for by this Agreement. 2.9 Supplemental A!!reement - means a written order to CONSULTANT. signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. 2.10 Task Order - means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSUL TA.NT. 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. I I I I I I I I I I I I I I I I I I I 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: }, Agreement - Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders \ I I ARTICLE 4. GENERAL CONDITIONS I 4.1 Commencement Of Work I The perfonnance of the work as defined in the. Agreement between CONSULTANT and the CITY. imd herein described in this Agreement as Attachmen~ 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 defmed in each Notice to Proceed. I I 4.2 Professional Standards I 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. I 4.3 Changes And Extra Work I 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 c?mpensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. . I I 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. I I 4.4 Personnel I The CONSULTANT represents that it has secured or ~ill 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. I I All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C - Listing of Key Personnel and incorporated herein by reference, No changes or substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his designee. I I The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design . of the work. The CONSULTANT shalL endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board' of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreen:ent. 4.5 Accuracy Of Work The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation, The CONSULTANT shall give immediate attention to 'these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities, 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 infonnation be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as public infonnation and no longer subject to the restrictions of this Agreement. I I I 4.7 Open Records I 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. ~ 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. I I 4.8 Jurisdiction I The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with regard to its interpretation and performance, and any other claims related to this agreement. . I 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. I I I 4.9. Termination Of Agreement' For Cause I If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, 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, at least five (5) days before the effective date of such termination, In such event, all finished or unfmished 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 rece'ive just and equitable compensation for any satisfactory work completed on -such documents, as mutually agreed by the CITY and CONSULTANT. I I I I I I 4.10 Termination For Convenience Of The City I The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. 4.11 Coordination And Cooperation With Other Utilities And Consultants CONSULTANT 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 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, 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 CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related ,to this Agreement ';vithout 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 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, 4.14 Insurance The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify both the CITY and Program Manager against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or I I I omission of the CONSULT ANT during the term of this Agreement. I 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, I The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: I 4.14,1 Workmen's Compensation Insurance In accordance with the laws of the State of Georgia, I 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 any one occurrence. I I 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 ex~eed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in items (b) and (c), I I I I I The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on trurty-(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. I I I 4.15 PROHIBITED INTERESTS 4.15.1 Conflict of Interest I 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 CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed, I 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 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, 4.16. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the 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 reconunended for approval by the Program Manager. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 4.17 ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or notation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 4.18 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard conunercial supplies of raw materials, 4.19 DRUG FREE WORK PLACE CONSULTANT shall be responsible for ensuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, I I I possession, sale or use of a controlled. substance in the workplace. For purposes of the policy, "workplace" is defmed as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or inunediate discharge, CONSULTANT shall notify the appropriate federal agencies of an employee who has a 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 would dictate, . I I I I 4.20 ANTI~KICKBACK CLAUSE I Salaries of architects, drafters, engineer's, and technicians perfonning 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. I I 4.21 AUDITS AND INSPECTORS I 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 pennit 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. I I I 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. I I I 4.22 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE I 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 I under' this Agreement without according credit or authorship, The CITY shall hold harmless the CONSULTANT against all claims arising out or such use of documents and materials without the CONSULTANT'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 a ffect or modi fy 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 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 CONSU L T ANT or any of its agents or employees to be the agent. employee. or representative of the CITY. I I I I I I I I I I I I I I I I I I I I 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: CITY: ADMINISTRATOR AUGUSTA, GEORGIA 530 Greene Street, Room 800 Augusta, GA 30911 CONSULTANT: ONESOURCE DEVELOPMENT, LLC 4210 Columbia Road Suite 16-A Martinez, GA 30907 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 PROGRAM MANAGER: AUGUSTA PROGRAM MANAGER CH2M HILL, INe. 360 Bay Street, Suite 100 Augusta, GA 30901 I/Y: ' , PRINTED NAME: I . TITLE: MAYOR I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: - CONSULTt~ B~~"'.. ~ PRINTED NAME: .tJliL-~ [J tit, ~~ TITLE: PRINCIPAL MANAGER ONESOURCE DEVELOPMENT. LLC DATE: I~ ID- ()~ ATTEST CLE~;/~/Af#/ J ~<<:/~ DATE: '/-.;; /_ 0 ,~ 0 . ., Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 I I CONSULTANT'S RESPONSIBILITIES I CONSULTANT-, in order to detennine the requirements of the Project, shall review the information in Attachment A - Scope of Services. CONSULTANT shail review its understanding of the Project requirements with Program Manager and shall advise CITY of additional data or services which are not a part of CONSULT ANT's services, if any, necessary for design to begin, I I 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 perfonning CONSULTANT'S services, I I REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data c.ollected 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, I The CITY may at any time request progress reports, prints or copies of any work performed under this' Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in the regard, I The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT. I CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the insurance limits as specified In Article 3 - General Conditions 4. 14 Insurance, I I I I I I I I I I I I CITY'S RESPONSIBILITES I CI1'Y-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. I 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 CONSULTANT as being in the employ CITY for the purpose described in the Agreement. I I ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all advertisements for bids; pennits 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, I TIMELY REVIEW CITY will examine CONSULTANT's studies, reports, sketches, drawings, s'pecifications, 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. I I PROMPT NOTICE CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of any development that affects the scope or timing of CONSULTANT's Services, or of any defect in the work of CONSULTANT or construction contractors, I I CITY'S INSURANCE CITY will maintain property Insurance on all pre-existing physical facilities associated In any way with the PROJECT, I UTIGA TION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist.in litigation undertaken or defended by CITY, All such Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services, I I I I I I I I ATTACHMENT A - SCOPE OF SERVICES I PROJECT DESCRIPTION: I Boundarv & Topoeraphic Survey of Property (30-Acre Tract) & New Access Road to serve Au!!.usta Utilities, Public Works & En!!:ineerin!!: Complex near the southwest intersection of Richmond Hill Road and Bobby Jones Expressway in the City of Augusta, Richmond County, Georgia, I DESIGN OBJECTIVES: I To prepare a Boundarv & Topo!!.raphicSurvev of Property (30-Acre Tract) & New Access Road to serve Au!!:usta Utilities, Public Works & En!!:ineerin!!: Complex located near the southwest intersection of Richmond Hill Road and Bobby Jones Expressway in the City of Augusta, Richmond County, Georgia, The New Access Road will include, as a minimum, a 100-ft RJW to contain a multi-lane roadway eX,tending from Windsor Spring Road to the southwest comer of the 30-acre Tract. I I I I I I I I I I I I I I I I ATTACHMENT B - COMPENSATION I The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement as defined in CONSULT ANTS cost proposed for completing the Scope of Work dated January 1. 2003 and attached and attach and make a part of this agreement. I . 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 pan thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered evidence of performance by the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. I I I 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 CONSULT ANT 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, I Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULT ANT has requested acceleration of the scheduled work in writing, I I I I I I I I I I I I I ATTACHMENT C - LISTING OF KEY PERSONNEL I I I I I I 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: I I R. NELSON WILLIAMS, P.E. Project Manager, Design Engineer GEORGE D. MCDAVID, CPESC, CEM Envirorunental Specialist, Designer ROBERT L. HERRINGTON, Jr., RLS Surveyor RANDELL E. COOK, PLS Surveyor BRIAN J. GRAHAM CAD Manager BOBBIE J. SMITH CAD Specialist I I I I I I I I I I I I I I I I I I I I I I I I I I I ATTACHMENT D - SCHEDULE FOR PERFORMANCE CONSULTANT shall provide deliverables in accordance with the following schedule: 1) Preliminary Boundary Survey and Access Road Alignment................3 Weeks* *(from date of Notice to Proceed) , 2) Final Boundary Survey and Access Road Alignment....................~..2 Weeks** **(from date of final approval of Item No, 1) 3) Topographic Survey of30-Acre Tract and Access Road R/\V..............6 Weeks* *(from date of Notice to Proceed) Total Estimated Time for Project Completion..........................................6 Weeks* *(from date of Notice to Proceed) I I I I I I I I I I I I I CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items. Prior to Authorization To Proceed: o Detailed Scope of Services based upon Attachment A of this Agreement to be submitted with Cost Proposal clearly defi.ni.i1g the CONSULT ANT'S understanding of the project iimits, design objectives and CONSULT ANT'S services to be provided, o 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. o Schedule for submittal of review documents at 30%, 60%, and 90% completion and final documents. Prior to submitting 30110 review documents: o Locate all existing utilities usingavailable information collected by the CONSULT ANT. The CITY will furnish available information on water and sewer locations, however, the CONSULTANT must verify to CITY'S satisfaction. o Provide CITY with information on the project site(s), including the following: . Past and presentuse of the land (specifically identify any land filling activities in the area); identify any nearby designated wetlands . . Soil type(s) . Boring results. . Brief description of the area (e.g., residential, commercial, industrial) including general slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities, Include number of properties affected and number of easements required with property owners identified. . Identification of potential problems in meeting design objectives, o Site Plan (If Required) Throughout project: I I I I I I o Prepare printed responses to comments received from the CITY following reviews, o Provide the necessary plats (complete with survey information on all items within the limits of both permanent and temporary easements) for easement acquisition and DOT/other permit application, o Prepare Public Works/DOT/Other permit applications for signature by the CITY, o Prepare and submit plans to EPD for review and approval when required, o Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest reference). Specifications must mirro'r that provided by the CITY and must be . complete for the described work. I I I I I I I I I I I I I I I I I I I o Prepare and submit construction cost estimates at each review stage ( 30%, 60% and 90%) and with the submittal of final documents. Provide cost breakdown for any items to be lump sum in the construction contract. . Upon completion of design: ,0 Coordinate with the City Purchasing Department to advertise the project. o Fax bid information to CITY. o Attend bid opening. o Prepare letter of recorrunendation 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, o Provide clarification related to the plans/ specifications throughout design and construction, o 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 CONSULT ANT to CITY) . Provide clarification of plans and specifications throughout construction . Revise/update plans and/ or easement plats as changes occur that require resubmittal to DOT / other agencies. AUGUST A UTILITIES DEPARTMENT BY: j/, I!/c-f U- p , PRINTED NAME: t/ol'/A Y f.h t!, ~5 TITLE: DIRECTOR DATE: /fS~3 C~SULTANTf ~ ' BY: )1-t~ f{uit~ PRINTED NAME:JJ~~ W,u....tfur1S TITLE: PRINCIPAL MANAGER ONESOURCE DEVELOPMENT, LLC DATE: I - lD - OS PROGRAM MANAGER BY: PRINTED NAME: TITLE: DATE: I I ADDITIONAL SERVICES: I 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. I 2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (j,e,. correct location given by CITY, incorrectly marke-d on plans by engineer) will be 'the responsibility ,or the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at their, request will be considered an additional service, I 3. Out-of-town meetings or conferences required of the CONSULT ANT by the CITY,. I 4. Other not described above, as approved by the CITY. I I NOTE: It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional surwying and engineering servin's. It is expected that such professionals will operate in a manner, which assures the interests of the colllmon welfare, ratlwr thdn in d manner, which promotes their own finandal gam: It is expected that such professionals will act as a faithful agent for tl1<' CITY as d client. It is the duty of the CONSULTANT to protect the safety, health and welfare of the public in tilt' perforl11dncl' of their professional duties, I I I I I I I I I I I I I This is EXHmIT A, consisting of ~ pages, referred to in and part of the Agreement between CITY and CONSULTANT for Professional Services dated I Initial: I CITY CONSULTANT 'f?~ CONSULTANT'S SCOPE OF SERVICES I ATTACHMENT A of the Agreement is amended and supplemented to include the following agreement of the parties. CONSULTANT shall provide Basic and Additional Services as set forth below. I PART 1- BASIC SERVICES AI.Ol Consultation Phase I A. CONSULTANT shall: I 1. Consult with CITY to define and clarify CITY's requirements for the Project and available data. I 2. Advise CITY as to. the necessity of CITY's providing data or services of the types described in CITY's RESPONSIBILITIES, which are not part of CONSULT ANT's I;lasic Services, and assist CITY in obtaining such data and services. 3. Identify, consult with,. and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by CONSULTANT. I B. CONSULTANT's services under the Consultation Phase will be considered complete on the date when the CITY selects the final site solution. I A 1.02 Preliminary Survey Phase I A. After acceptance by CITY' of the final project site solution, selection and upon written authorization from CITY, CONSULTANT shall: . I 1. On the basis oCtile above acceptance"selection, and authorization, prepare Preliminary Survey documents consisting of: I a, Property Boundary Survey of 30-acre tract for Augusta Utilities, Public Works & Engineering Complex b. Property Boundary Survey of proposed right-of-way for Access Road c. Property Boundary Surveys of those parcels between Windsor Spring Road and Richmond Hill Road through which the proposed right-of-way for the Access Road will be extended I 2. Coordinate necessary field surveys and topographic mapping for design purposes. I 3. Furnish the Preliminary Survey Phase documents to and review them with CITY. I B. CONSULTANT's services under the Preliminary Survey Phase will be considered complete on the date when final copies of the Preliminary Survey Phase documents have been delivered to and reviewed with CITY. I Page 1 of 2 Pages , (Exhibit A - CONSULTANT'S SCOPE OF SERVICES) I I I A 1.03 Final Survey Phase I A. After acceptance by CITY of the Preliminary Survey Phase documents and upon written authorization from CITY, CONSULTANT shall: I 1. On the basis of the above acceptance, selection, and authorization, prepare Final Survey documents consisting of: I a. Property Boundary Survey of 30-acre parcel for Augusta Utilities, Public Works & Engineering Complex b. Property Boundary Survey of proposed right-of-way for Access Road c. Property Boundary SUrveys of those parcels between Windsor Spring Road and Richmond Hill Road through which the proposed right-of-way for the Access Road will be extended I 2. Submit 2 copies of the Final Survey Documents to CITY within 14 days after authorization to proceed with this phase. I B. CONSULTANT's services under the Final Survey Phase will be considered complete on the date when the submittals required by paragraph Al.03.A.l have been delivered to CITY. I I I I I I I I I I I Page 2 of 2 Pages (Exhibit A - CONSULTANT'S SCOPE OF SERVICES) I I I This is EXHIBIT B, consisting of 1 page, referred to in and part of the Agreement between CITY and CONSULTANT for Professional Services dated I Initial: CITY CONSULT AN'fF)ltJ I Payments to CONSULTANT for Services I A IT ACHMENT B of the Agreement is amended and supplemented to include the following agreement of the parties: I PART 1- PAYMENTS TO THE CONSULTANT B1.0l For Basic Services Having A Determined Scope --Lump Sum Method of Payment I A. CITY shall pay CONSULTANTJor Basic Services set forthinExhibit A as follows: I 1. A Lump Sum amount of $25,200.00 based on the following assumed distribution of compensation: a. Preliminary Survey Phase b, Final Survey Phase $22.500.00 $ 2,700.00 I 2. CONSULTANT may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the CITY. . I 3. The Lump Sum includes compensation for CONSULTANT's services and services of CONSULTANT's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. I I 4. The portion of the Lump Sum amount billed for CONSULTANT's services will be based upon CONSULTANT's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. I I I I I I Page 1 of 1 Page (Exhibit B - Payments to CONSULTANT for Services) I I I I I I I I I I I I I I I I I I I I ~z~ < w 0:: < I- o W ...., o 0:: a.. ::l :;: I ~~ :::I~ 01S ii:~ ::l8: U :::I'" I I I!! is ~ III ~ ;; ::l :;: o ~ ~ u I ... "', ......"" ... ... .. .. (.) .. .. t- - al - J: >< W [IJ. ! o -.. ,.....,. PROJECT AREA ~ --,--,- ~ii~~~q~ AUGUSTA. RJCHMONO COUNTY, GEORGIA Augusta Utilities, Public Works & Engi~eerlng Complex Ul0~ADed,"I6-A-~0ecIrvfIIXl8D7 ""'(nlI)~tO-'_(J'OII.wo1t-~._ -- oo.<lH t-rom: tleUl Jones At: Jim Anderson & Co, t-axIU: IIU-~~~-:.Wo:l 10: Mr. George McUavld Uate: lNI\)~ l:l:UU I-'M I-'age::l 01:l I I ACORD. CERTIFICATE OF LIABILITY INSURANC~>NEi5~1081 DATE (MMlDDIYY). 01/09/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A &E ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE J~ Anderson & Co. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12i Langley Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Lawrenceville GA 30245 Phone: 770-962-4111 Fax:770-339-2062 INSURERS AFFORDING COVERAGE , , .. INSURED INSURER A. HARTFORD CASUALTY INS CO INSURER B: AMERICAN MANUF MUTUAL INS CO One Source, LLC INSURER c: Lumbermens MUtual Casualty Mr. George McDavid 4210 ColUmbia Road, #l6-A INSURER D: Martinez GA 30907 I INSURER E: I I I COVERAGES I TfjE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA.MED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITfjSTMDING MY REOUIREMENT, TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITfj RESPECT TO WHICH TfjIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE I'FFORDED BY TfjE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lHE TERMS, EXCLUSIONS MD CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'ti: lYPE OF INSURANCE POLICY NUMBER DATE" {MMroOIvvl C DATE (MMlDDIYY) LIMITS GENERAL LIASILITY EACH OCCURRENCE $1,000,000 - A ~ COMMERCIAL GENERAl LIABILITY 20SBANM3414 07/23/02 07/23/03 FIRE DAMAGE (Anyone hre) $ 300,000 - ~ CLAIMS MADE ~ OCCUR MED EX? (Anyone person) $10,000 PERSONAl. & I'DV INJURY $1,000,000 GENERAl AGGREGATE $2,000,000 GENt AGGREGATE LIMIT APPliES PER: PRODl!CTS - COMP/OP AGG $2,000,000 I POLICY n '1& nLOC AlITOMOBILE LIASILITY COMBINED SINGLE LIMIT - $1,000,000 A MY AUTO 20SBANM3414 07/23/02 07/23/03 (Ea accident) - ALL OWNED AUTOS BODIL Y INJURY - $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODIL Y INJURY $ ~ NON-OWNED AUTOS (Per accident) '-- PROPERTY DAMo\GE $ (Per accident) GARAGE LIASILITY AUTO ONL Y - EA ACCIDENT $ =1 MY AUTO OTHER 1HAN EA ACC $ AUTO ONL Y: AGG $ EXCESS LIASILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND xl TORY LIMITS I , IV ER B EMPLOYERS' LIABILITY 7BH088557-01 07/23/02 07/23/03 $J.,OOO,OOO E.L. EACH ACCIDENT EL DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER C professional QL017223-00 05/07/02 05/07/03 Ea. Cla~ $1,000,000 Liability Aggregate $1,000,000 DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS For Professional Liability; aggregate limit is total insurance available for claims presented within policy period for all.operations of insured. Limit will be reduced by payments of indemnity and/or expenses. city of Augusta is named' as additional insured as respects General and Automobile Liability. CERTIFICATE HOLDER \ Y I ADDmONAL INSURED; INSURER LETIER: CANCELLATION CITYAUG SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN City of Augusta NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BlIT FAILURE TO DO SO SHALL 530 Greene Street IMPOSE NO OBLIGATION OR LIASILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Room 800 Augusta GA 30911 REPRESENTATIVES, AlITHO~EPRESE~E K. I I I I I I I I I, I I I I ACORD 25-5 (7/97) ~ACORD CORPORATION 1988 I EXHIBIT "0"