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~
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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:
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STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
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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: '
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GENERAL PROVISIONS
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ARTICLE 1. PROCUREMENT OF SERVICES
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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.
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1.1 Consultant Coordination
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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,
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1.2 Amendments To Agreement
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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.
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1.3 Reduction In Required Services
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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.
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1.4. Date Changes
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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
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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
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Agreement without prior written consent of the other party
hereto.
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1.10 Extent Of The Agreement
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This Agreement represents the entire agreement between
CITY and CONSULTANT and supersedes all prior
negotiations, representations and agre.ements, either written
or oral.
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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.
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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
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ARTICLE 4. GENERAL CONDITIONS
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4.1 Commencement Of Work
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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.
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4.2 Professional Standards
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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.
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4.3 Changes And Extra Work
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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. .
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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.
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4.4 Personnel
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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.
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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.
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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.
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4.7 Open Records
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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.
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4.8 Jurisdiction
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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. .
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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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4.9. Termination Of Agreement' For Cause
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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.
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4.10 Termination For Convenience Of The City
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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
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omission of the CONSULT ANT during the term of this
Agreement.
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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,
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The CONSULTANT shall provide, at all times that this
Agreement is in effect, Insurance with limits of not less
than:
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4.14,1 Workmen's Compensation Insurance In
accordance with the laws of the State of Georgia,
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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.
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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),
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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.
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4.15 PROHIBITED INTERESTS
4.15.1 Conflict of Interest
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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,
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4.15.2 Interest of Public Officials:
No member, officer, or employee of the CITY during his
tenure or for one year thereafter, shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof.
4.15.3 Employment of CITY's Personnel:
The 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,
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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, .
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4.20 ANTI~KICKBACK CLAUSE
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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.
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4.21 AUDITS AND INSPECTORS
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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.
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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.
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4.22 OWNERSHIP, PUBLICATION,
REPRODUCTION AND USE
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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
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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.
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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
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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
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CONSULTANT'S RESPONSIBILITIES
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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,
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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,
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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,
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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,
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The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT.
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CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the insurance limits as specified In Article 3 -
General Conditions 4. 14 Insurance,
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CITY'S RESPONSIBILITES
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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.
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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.
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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,
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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.
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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,
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CITY'S INSURANCE
CITY will maintain property Insurance on all pre-existing physical facilities associated In any way with the
PROJECT,
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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,
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ATTACHMENT A - SCOPE OF SERVICES
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PROJECT DESCRIPTION:
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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,
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DESIGN OBJECTIVES:
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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.
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ATTACHMENT B - COMPENSATION
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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.
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. 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.
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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,
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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,
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ATTACHMENT C - LISTING OF KEY PERSONNEL
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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:
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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
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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)
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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:
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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.
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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:
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ADDITIONAL SERVICES:
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1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT
has been executed by the CITY.
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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,
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3. Out-of-town meetings or conferences required of the CONSULT ANT by the CITY,.
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4. Other not described above, as approved by the CITY.
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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,
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This is EXHmIT A, consisting of ~ pages, referred to in and
part of the Agreement between CITY and CONSULTANT
for Professional Services dated
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Initial:
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CITY
CONSULTANT 'f?~
CONSULTANT'S SCOPE OF SERVICES
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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.
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PART 1- BASIC SERVICES
AI.Ol Consultation Phase
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A. CONSULTANT shall:
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1. Consult with CITY to define and clarify CITY's requirements for the Project and available data.
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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.
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B. CONSULTANT's services under the Consultation Phase will be considered complete on the date when the
CITY selects the final site solution.
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A 1.02 Preliminary Survey Phase
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A. After acceptance by CITY' of the final project site solution, selection and upon written authorization from
CITY, CONSULTANT shall: .
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1. On the basis oCtile above acceptance"selection, and authorization, prepare Preliminary Survey documents
consisting of:
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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
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2. Coordinate necessary field surveys and topographic mapping for design purposes.
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3. Furnish the Preliminary Survey Phase documents to and review them with CITY.
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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.
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Page 1 of 2 Pages ,
(Exhibit A - CONSULTANT'S SCOPE OF SERVICES)
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A 1.03 Final Survey Phase
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A. After acceptance by CITY of the Preliminary Survey Phase documents and upon written authorization from
CITY, CONSULTANT shall:
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1. On the basis of the above acceptance, selection, and authorization, prepare Final Survey documents
consisting of:
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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
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2. Submit 2 copies of the Final Survey Documents to CITY within 14 days after authorization to proceed
with this phase.
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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.
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Page 2 of 2 Pages
(Exhibit A - CONSULTANT'S SCOPE OF SERVICES)
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This is EXHIBIT B, consisting of 1 page, referred to in and
part of the Agreement between CITY and CONSULTANT
for Professional Services dated
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Initial:
CITY
CONSULT AN'fF)ltJ
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Payments to CONSULTANT for Services
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A IT ACHMENT B of the Agreement is amended and supplemented to include the following agreement of
the parties:
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PART 1- PAYMENTS TO THE CONSULTANT
B1.0l For Basic Services Having A Determined Scope --Lump Sum Method of Payment
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A. CITY shall pay CONSULTANTJor Basic Services set forthinExhibit A as follows:
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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
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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. .
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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.
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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.
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Page 1 of 1 Page
(Exhibit B - Payments to CONSULTANT for Services)
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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
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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:
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COVERAGES
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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.
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ACORD 25-5 (7/97)
~ACORD CORPORATION 1988
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EXHIBIT "0"