HomeMy WebLinkAboutOnesource Development LLC
Augusta Richmond GA
DOCUMENT NAME: 6N\6S~(ZC.8"' nt; V€.LOfP7f:.N', 1-L~
DOCUMENT TYPE: A 9' tz~€. m €,()..I r
YEAR: ~OO6
BOX NUMBER: ) <tS
FILE NUMBER: 1 'l9 ~ ;l )'
NUMBER OF PAGES: 1~
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ST ATE OF GEORGIA
AUGUST A-RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT.
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
ONESOURCE DEVELOPMENT, LLC
(CONSULTANT)
CONSULTANT: ONESOURCE DEVEOPMENT, LLC
PROJECT: New Access Road to serve Augusta Utilities, Public Works & Engineering Complex
DATE EXCECUTED: Ap~/L. --? I 2.-&0';
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DATE COMPLETED:
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ST ATE OF GEORGIA
AUGUST A-RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
ONESOURCE DEVELOPMENT, LLC
(CONSULTANT)
This Agreement is made and entered into this -1 ~ay of ~,~;L . 20.QJ by and between AUGUSTA,
Georgia, a political subdivision of the State of Georgia, hereinafter ca~Ci~ 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:
Civil Design, Construction Plans & Contract Documents for New Access Road to serve Augusta Utilities, Public Works &
Engineering Complex; and,
WHEREAS, the CONSULT ANT has represented to the CITY that it is experienced and qualified to provide the services
contained herein and the CITY has relied upon such representation,
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the
CITY and the 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 normally
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
Every amendment to the Scope of Services shall become
and is hereby made a part of this Agreement, Amendments
must be fully executed by both the CONSULT ANT and
CITY to be valid.
1.3 Reduction In Required Services
If reductions in the required services are ordered by CITY,
the credits shall be the amounts for such services as
described in subsequently executed Amendments to this
Agreement, and no claim for damages for anticipated profits
shall accrue to the CONSULT ANT.
1.4 Date Changes
If in this Agreement specific periods of time for rendering
services are set forth or specific dates by which services are
to be completed are provided and if such periods of time or
dates are changed through no fault of CONSULT ANT, the
rates and amounts of compensation provided for herein shall
be subject to equitable adjustment.
1.5 Agreement Modifications
This Agreement shall not be modified except by a duly
executed Amendment hereto in writing under the hands and
seals of both parties hereto.
1.6 Time Of Completion
The time of completion shall be as described in the schedule
attached hereto as Attachment D - Schedule for
Performance,
This Agreement shall terminate immediately and absolutely
at such time as appropriated and otherwise obligated funds
are no longer available to satisfy the obligations of the
CONSULT ANT on behalf of the CITY under this
Agreement. However, CONSULT ANT will be
compensated for all work prior to termination of contract
even if the CITY has obligated the funds to other projects.
1.7 Project Progress
CONSULT ANT'S services and compensation under this
Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Project through
completion.
1.8 Litigation
Nothing in this Agreement shall be construed as obligating
the CONSULTANT to appear, support, prepare, document,
bring. defend or assist in litigation either undertaken or
defended in behalf of the CITY except in consideration of
compensation. All such services required or requested of
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 CONSULT ANT each
binds itself and themselves, its or their successors,
executors, administrators and assigns to the other party to
this Agreement and to its or their successors, executors and
assigns in respect to all covenants of this Agreement.
Except as above, neither CITY nor the CONSULT 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 agreements. 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 Aereement Execution - means the date on which
CONSULT ANT executes and enters into an Agreement
with CITY to perform the Work,
2.2 Aereement Price - means the total monies, adjusted in
accordance with any provision herein, payable to the
CONSULT ANT under this Agreement.
2.3 CITY - means a legal entity AUGUST A, GEORGIA, a
political subdivision of the State of Georgia,
2.4 CONSULTANT - means the party or parties
contracting directly with the CITY to perform Work
pursuant to this Agreement.
2.5 Contract - means the Agreement Documents
specifically identified and incorporated herein by reference.
2.6 Contract Time - means the period of time stated in this
Agreement for the completion of the Work.
2.7 Program Manaeer - means CH2M HILL as the
representative of the CITY who shall act as Liaison between
the CITY and the CONSULT ANT for all matters pertaining
to this Agreement. including review of CONSULT ANT'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 Work called for by this Agreement.
2.9 Supplemental Aereement - means a written order to
CONSULTANT signed by CITY and accepted by
CONSULT ANT, 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 CONSULT ANT. 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 shal1 take precedence in the
following order:
l.
2.
3.
Agreement - Including Attachments
General Conditions
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 performance of the work as defined in the Agreement
between CONSULTANT and the CITY, and herein
described in this Agreement as Attachment A Scope of
Work shall be commenced upon receipt by the
CONSULTANT of a written Notice to Proceed. The
effective date of services shall be defined in each Notice to
Proceed.
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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 CONSULT ANT'S
compensation, which are mutually agreed upon by and
between the CITY and the CONSULTANT, shall be
incorporated in written Supplemental Agreements to the
Agreement.
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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.
4.4 Personnel
The CONSULT ANT represents that it has secured or will
secure, at its own expense, all personnel necessary to
complete this Agreement; none of whom shall be employees
of, or have any contractual relationship with, the CITY. All
of the services required hereunder will be
performed by the CONSULT ANT under its supervision,
and all personnel engaged in the work shall be qualified and
shall be authorized or permitted under law to perform such
services.
All key professional personnel. including subcontractors,
engaged in performing services for the 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.
The CONSULTANT shall employ only persons duly
registered in the appropriate category in responsible charge
of supervision and design of the work. The
CONSULT ANT shall endorse all reports, contract plans,
and survey data. Such endorsements shall be made by a
person duly registered in the appropriate category by the
Georgia State Board of Registration for Professional
Engineers and Land Surveyors, being in the full employ of
the CONSULT ANT and responsible for the work prescribed
by this Agreement.
4.5 Accuracy Of Work
The CONSULT ANT shall be responsible for the accuracy
of the work and shall promptly correct errors and omissions
in its plans and specifications without additional
compensation. The 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
CONSULT ANT of the responsibility for subsequent
correction of any errors and the clarification of any
ambiguities.
4.6. Confidentiality
The CONSULTANT agrees that its conclusions and any
reports are for the confidential use and information of the
CITY and that it will not disclose its conclusions in whole
or in part to any persons whatsoever, other than to submit its
written documentation to the CITY, and will only discuss
the same with it or its authorized representatives. Upon
completion of this Agreement term, all documents,
drawings, reports, maps, data and studies prepared by the
CONSULT ANT pursuant thereto shall become the property
of the CITY and be delivered thereto,
Articles, papers, bulletins, reports, or other materials
reporting the plans, progress, analyses, or results and
findings of the work conducted under this Agreement shall
not be presented publicly or published without prior
approval in writing of the CITY.
It is further agreed that if any information concerning the
PROJECT should be released by the CONSULT ANT
without prior approval from the CITY, the release of same
shall constitute grounds for termination of this Agreement
without indemnity to the CONSULTANT, but shoull:! any
such information be released by the CITY or by the
CONSULT ANT with such prior approval, the same shall be
regarded as public information and no longer subject to the
restrictions of this Agreement.
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4.7 Open Records
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CONSULT ANT 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. 9 50-18-70. et seq.).
CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT shall fail to fulfill
in a timely and proper manner its obligations under this
Agreement, or if the CONSULT ANT shall violate any of
the covenants, agreements or stipulations of this Agreement,
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
CONSULT ANT of such termination. and specifying the
effective date thereof, at least five (5) days before the
effective date of such termination. In such event, all
finished or unfinished documents. maps, data, studies, work
papers and reports prepared by the CONSULT ANT under
this Agreement shall become the property of the CITY. and
the CONSULTANT shall be entitled to receive just and
equitable compensation for any satisfactory work completed
on such documents, as mutually agreed by the CITY and
CONSULTANT.
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4.10 Termination For Convenience Of The City
The CITY may terminate this contract in part or in whole
upon written notice to the CONSULTANT. The
CONSULT ANT shall be paid for any validated services
under this Contract up to the time of termination.
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4.11 Coordination And Cooperation With Other
Utilities And Consultants
CONSULT ANT shall thoroughly research all utility records
to identify the existing facilities on the submitted plans for
avoidance. or resolution, of conflicts with the proposed
Scope of Services.
If the CITY undertakes or awards other contracts for
additional related work, the 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 CONSULT ANT warrants that no person or selling
agency has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established
commercial or selling agencies maintained by
CONSULTANT for the purpose of securing business and
that the CONSULTANT has not received any non-CITY fee
related to this Agreement without the prior written consent
of the CITY. For breach or violation of this warranty, the
CITY shall have the right to annul this Agreement without
liability or at its discretion to deduct from the Agreement
Price of consideration the full amount of such commission,
percentage, brokerage or contingent fee,
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 CONSULT ANT shall. at all times that this Agreement
is in effect. cause to be maintained in force and effect an
insurance policy(s) that will ensure and indemnify both the
CITY and Program Manager against liability or financial
loss resulting from injuries occurring to persons or property
or occurring as a result of any negligent error, act, or
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omission of the CONSULTANT during the term of this
Agreement.
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The CONSULT ANT shall provide, at all times that this
agreement is in effect, Worker's Compensation insurance in
accordance with the laws of the State of Georgia.
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The CONSULT ANT 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 Comoensation 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 anyone
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.
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4.14.4 Valuable Papers Insurance - in an amount sufficient
to assure the restoration of any plans, drawings, field notes,
or other similar data relating to the work covered by the
Project.
4.14.5 Professional Liability Insurance - in an amount of
not less than One Million ($1,000,000) Dollars or an
amount that correlates to the aggregate fee on the project
should it exceed $1,000,000.
CITY will be named as an additional insured with respect to
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 non-cancellable
except on thirty-(30) days' written notice to the CITY, Such
policies shall name the CITY as co-insured, except for
worker's compensation and professional liability policies,
and a copy of such policy or a certificate of insurance shall
be filed with the CITY at the time of the execution of this
Agreement.
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4.15 PROHIBITED INTERESTS
4.15.1 Conflict of Interest
The CONSULT ANT agrees that it presently has no interest
and shall acquire no interest, direct or indirect, that would
conflict in any manner or degree with the performance of its
services hereunder. The CONSULT ANT further agrees
that, in the performance of the Agreement, no person having
such interest shall be employed.
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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 CONSULT ANT shall not employ any person or
persons in the employ of the CITY for any work required by
the terms of the Agreement, without the written permission
of the CITY except as may otherwise be provided for
herein.
4.16. SUBCONTRACTING
The CONSULT ANT shall not subcontract any part of the
work covered by this Agreement or permit subcontracted
work to be further subcontracted without the CITY'S prior
written approval of the subcontractor. The CITY will not
approve any subcontractor for work covered by this
Agreement that has not been recommended for approval by
the Program Manager.
All subcontracts in the amount of $5,000 or more shall
include, where possible, the provisions set forth in this
Agreement.
4.17 ASSIGNABILITY
The CONSULT ANT shall not assign or transfer whether by
an assignment or notation, any of its rights, obligations,
benefits, liabilities or other interest under this Agreement
without the written consent of the CITY.
4.18 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the
CONSULTANT agrees as follows: (1) the CONSULTANT
will not discriminate against any employee or applicant for
employment because of race, creed, color, sex or national
origin; (2) the CONSULT ANT will, in all solicitations or
advertisements for employees placed by qualified
applicants, receive consideration for employment without
regard to race, creed, color, sex or national origin; (3) the
CONSULTANT will cause the foregoing provisions to be
inserted in all subcontracts for any work covered by the
Agreement so that such provision will be binding upon each
subcontractor, provided that the foregoing provision shall
not apply to contracts or subcontracts for standard
commercial supplies of raw materials.
4.19 DRUG FREE WORK PLACE
CONSULT ANT shall be responsible for ensuring that its
employees shall not be involved in any manner with the
unlawful manufacture, distribution, dispensation,
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possession, sale or use of a controlled substance in the
workplace. For purposes of the policy, "workplace" is
defined as CITY owned or leased property, vehicles, and
project or client site, Any violation of the prohibitions may
result in discipline and/or immediate discharge.
CONSULT ANT 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
performing work under this Agreement shall be paid
unconditionally and not less often than once a month
without deduction or rebate on any account except only such
payroll deductions as are mandatory by law. The
CONSULT ANT 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
At any time during normal business hours and as often as
the CITY may deem necessary, the CONSULTANT shall
make available to the CITY and/or audit representatives of
the CITY for examination all of its records with respect to
all matters covered by this Agreement. It shall also permit
the CITY and/or representatives of the audit, to examine and
make copies, excerpts or transcripts from such records of
personnel, conditions of employment and other data relating
to all matters covered by this Agreement.
The CONSULT ANT shall maintain all books, documents,
papers, accounting records and other evidence pertaining to
costs incurred on the Project and used in support of its
proposal and shall make such material available at all
reasonable times during the period of the Agreement. and
for three years from the date of final payment under the
Agreement, for inspection by the CITY or any reviewing
agencies, and copies thereof shall be furnished upon request
at cost plus 10%. The CONSULTANT agrees that the
provisions of this Article shall be included in any
Agreements it may make with any subcontractor, assignee,
or transferee.
4.22 OWNERSHIP, PUBLICA TION,
REPRODUCTION AND USE
All documents and materials prepared as an instrument of
service pursuant to this Agreement are the property of the
CITY. The CITY shall have the unrestricted authority to
publish, disclose, distribute, and otherwise use, in whole or
in part, any reports, data, maps, or other materials prepared
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under this Agreement without according credit of
authorship. The CITY shall hold harmless the
CONSULTANT against all claims arising out of such use of
documents and materials without the CONSULTANT'S
knowledge and written consent.
4.23 VERBAL AGREEMENT OR
CONVERSATION
No verbal agreement or conversation with any officer,
agent, or employee of the CITY, either before, during, or
after the execution of this Agreement, shall affect or modify
any of the terms or obligations herein contained, nor shall
such verbal agreement or conversation entitle the
CONSULT ANT 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 CONSULT ANT shall perform the services under this
Agreement as an independent contractor and nothing
contained herein shall be construed to be inconsistent with
this relationship or status. Nothing in this Agreement shall
be interpreted or construed to constitute the CONSULT ANT
or any of its agents or employees to be the agent, employee,
or representati ve 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
AUGUST A, GEORGIA
530 Greene Street, Room 800
Augusta, GA 30911
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
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CONSULTANT:
ONESOURCE DEVELOPMENT, LLC
4210 Columbia Road
Suite 16-A
Martinez, GA 30907
PROGRAM MANAGER:
AUGUST A PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street, Suite 100
Augusta, GA 30901
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IN WiTNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
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BY:" ~
I~RINTED NAME:
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TITLE: MAYOR
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DATE:
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Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
CO)LTANT
BY: /~
PRINTED NAME: AI l..L-~
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W' JA.t , A?tt S
TITLE: PRINCIPAL MANAGER
ONESOURCE DEVELOPMENT, LLC
DATE: ---Af,(,CL- 7 J Z60"?
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CONSULTANT'S RESPONSIBILITIES
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CONSULT ANT , in order to determine the requirements of the Project, shall review the information in Attachment
A - Scope of Services. CONSULT ANT shall review its understanding of the Project requirements with Program
Manager and shall advise CITY of additional data or services which are not a part of CONSULT ANT'S services, if
any, necessary for design to begin.
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PROJECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY'S and
CONSULT ANT'S requirements for this part of the project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expendability, and any budgetary limitations.
CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied
upon in performing CONSULT ANT'S services.
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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
collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates,
maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review.
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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 CONSULT ANT to submit progress reports and/or plans shall be cause to withhold payment to the
CONSULT ANT until the CONSULT ANT complies with the CITY'S request in the regard.
The CITY'S review recommendations shall be incorporated into the plans by the CONSULT ANT.
CONSULTANT'S INSURANCE
CONSULT ANT 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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CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY'S possession relating to CONSULTANT'S services on the
PROJECT. CONSULT ANT will reasonably rely upon the accuracy, timeliness, and completeness of the
information provided by CITY.
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RIGHT TO ENTER
The CONSULT ANT 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; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for CONSULT ANT'S services or PROJECT construction.
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TIMELY REVIEW
CITY will examine CONSULTANT'S studies, reports, sketches, drawings, specifications, proposals, and other
documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner.
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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 CONSULT ANT'S Services, or of any defect in the work of
CONSULT ANT or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the
PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of 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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Civil Engineering services for design of New Access Road to serve Aueusta Utilities, Public Works &
Eneineerine Complex located 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 provide Detailed Plans, Specifications and Contract Documents necessary for the construction of approximately
5000 LF of 26' wide two-lane asphalt roadway extending from Richmond Hill Road to the proposed Facilities
Complex site. Design is to include widening and re-striping of approximately 1000 LF of Richmond Hill Road, as
necessary, to facilitate anticipated traffic to and from the Facilities Complex only. The design will anticipate the
addition of two future lanes mirroring the former, centered on a 14' wide grassed median. A 66', full width section
is proposed for the first 200' :t, beginning at the point of intersection with Richmond Hill Road, then transitioning to
26' for the remainder.
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The structural components of the new road shall be given as follows: 8" thick crushed aggregate base, 4" asphaltic
concrete base (25mm Super-Pave) and 2" asphaltic concrete surface course (12.5 mm Super-Pave).
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A storm sewer system will be designed to convey the anticipated run-off from present and future development of up-
stream properties, Stormwater will be routed over land to a regional detention basin designed to manage the
increased flows from the roadway and Facilities Complex site only. The Detention Facility will be designed in a
manner that will allow future developers to expand capacity, as needed, up to a point where all developed properties
contributing may be accommodated,
All design work, Plans, Specifications, and Contract Documents will be done in accordance with the City of
Augusta Standard Specifications and/or guidelines, where applicable.
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A TT ACHMENT B u COMPENSATION
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The CITY shall compensate the CONSULT ANT for services, which have been authorized by the CITY under the
J of this .;yeement as defined in CONSULT ANT'S cost proposed for completing the Scope of Work dated
f p..,L 2-<<> :30 and attached and made 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 part
thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each
phase. The CITY shall pay each such invoice or portion thereof as approved. provided that the approval or payment
of any such invoice shall not be considered evidence of performance by the CONSULT ANT to the point indicted by
such invoice. or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay
any undisputed items contained in such invoices.
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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 CONSULTANT
shall also submit an accurate updated schedule and an itemized description of the percentage of total work
completed for each phase during the billing period.
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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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CONSULT ANT 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
Environmental Specialist, Designer
BOBBIE J. SMITH
Office Manager, CAD Specialist
BRIAN J, GRAHAM
CAD Manager
LISA LOVETT
Technician
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ATTACHMENTD-SCHEDULEFORPERFORMANCE
CONSULTANT shall provide deliverables in accordance with the following schedule:
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1) Consultation Phase............................................................... ........ ...................... 2 Weeks.
(from date of Notice to Proceed)
2) Preliminary Design Phase........ ................................ ..... .:........... .............. 2 Weeks..
** (from date of approval of final site solution)
3) Final Design Phase.. . . . .... . .. . . .. . . .. . . . . . . .. . . . . . . . . .. .. .. . . . .. . . . .... .. . .. .. .. . . . . . . . .. . . . . . . .. 4 W eeks** *
*** (from date of approval of item no. 2)
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Total Estimated Time for Project Completion................................................... 8 Weeks.***
**** (plus review time required by owner) ,
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CONSULTANT SERVICES
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As a part of this Agreement the CONSULT ANT agrees to furnish the following checked items.
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Prior to Authorization To Proceed:
~etailed Scope of Services based upon Attachment A of this Agreement to be submitted with Co~t Proposal
clearly defining the CONSULTANT'S understanding of the project limits, design objectives and
CONSULTANT'S services to be provided.
V Cost Proposal that will include cost of surveying, design, preparation of construction plans and specifications,
and other services requested in the CITY'S' Request for Proposal
~. Schedule for submittal of review documents at 30%, 60%, and 90% completion and final documents.
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Prior to submitting 30% review documents:
~ Locate all existing utilities using available information collected by the CONSULTANT. The CITY will furnish
available information on water and sewer locations, however, the CONSULTANT must verify to CITY'S
satisfaction.
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W' Provide CITY with information on the project site(s), including the following:
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. Past and present use 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.
~ Site Plan (If Required)
Throughout project:
~repare printed responses to comments received from the CITY following reviews.
~ 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.
~Prepare Public Works/DOT/Other permit applications for signature by the CITY.
/ Prepare and submit plans to EPD for review and approval when required.
/ Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest reference).
Specifications must mirror that provided by the CITY and must be complete for the described work,
~ 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.
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Upon completion of design:
~ Coordinate with the City Purchasing Department to advertise the project.
~ Fax bid information to CITY.
~ Attend bid opening.
~ Prepare letter of recommendation for award of the contract.
..,/" Attain contractors'lother signatures on the contract documents and forward to the CITY.
VInvite attendees to, and conduct. the pre-construction meeting.
'!!' Provide clarification related to the plans/specifications throughout design and construction.
~ Provide record drawings at completion of the project electronically, per the Utilities Design Standards and
Specifications (latest version).
/" Provide Services During Construction as follows:
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. 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 re-submittal to DOTlother
agencies.
A UGU(f. UTILITI.ES DEPARTMENT
BY, lief ;kk
PRINTED NAME: rJ ( 41 ~.x It C-~
ce;:;;::,Nfi
BY: lAlt~.~---
PRINTED NAME: ,J (,L.~ IN IL.W ,q-m C;
DATE:
tf"/ rs- /f:;:J
TITLE: PRINCIPAL MANAGER
ONESOURCE DEVELOPMENT, LLC
+/1 (-;
DATE:
TITLE: DIRECTOR
PROGRAM MA~AJfR
BY: ~~
PRINTED NAME: c;.4q~)7..j).. ...~
TITLE: ..l)'$p.,/y H~"'.7A:1 ~~;
DATE: ~/~..!
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ADDITIONAL SERVICES:
1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT
has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (Le., correct location
given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the
CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at
their request will be considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional surveying
and engineering services. It is expected that such professionals will operate in a manner, which assures
the interests of the common welfare, rather than in a manner, which promotes their own financial gain. It
is expected that such professionals will act as a faithful agent for the CITY as a client. It is the duty of the
CONSULT ANT to protect the safety, health and welfare of the public in the performance of their
professional duties.
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This is EXHIBIT A, consisting of ~ pages, referred to in and
part of the Agreement between CITY and CONSULTANT
for Professional Services dated AP ItIL '7 , ~
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Initial, ') 4.
CITY L
CONSULTANT. tv
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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
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A1.0I Consultation Phase
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A. CONSULTANT shall:
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 CONSULTANT's Basic Services, and assist
CITY in obtaining such data and services.
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3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to
approve the portions of the Project designed or specified by CONSULT ANT.
B. CONSULT ANT'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 Design Phase
A. After acceptance by CITY of the final project site solution, selection and upon written authorization
from CITY, CONSULTANT shall:
1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design
documents consisting of:
a. Preliminary plan & profile drawings of New Access Road, preliminary plans for decellane &
re-striping along Richmond Hill Road,
2. Coordinate necessary field surveys and topographic mapping for design purposes,
3. Furnish the Preliminary Design Phase documents to and review them with AUD for comments
and concurrence.
If
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B. CONSULTANT's services under the Preliminary Design Phase will be considered complete on the date
when final copies of the Preliminary Design Phase documents have been delivered to and reviewed with
AUD and AUD's concurrence has been given.
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Al.03 Final Design Phase
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A. After acceptance by CITY of the Preliminary Design 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 Design documents
consisting of:
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a.. Plan and profile drawings of proposed road, plan drawings for decel lane and re-striping along
Richmond Hill Road, profile drawings of proposed storm sewers, miscellaneous details, cross
sections, etc.
b. Specifications and Contract Bid Documents.
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2 Submit 6 copies of the Final Documents to CITY within 4 weeks after authorization to proceed with
this phase.
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B. CONSULTANT's services under the Final Design Phase will be considered complete on the date when the
submittals required by paragraph Al.03.A.1 have been delivered to and accepted by the CITY.
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This is EXHIBIT B, consisting of! page, referred to in and part of the
Agreement between CITY and CONSULTANT for Professional
Services dated APtt/l- '1. ~~
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Initial: .~
CITY ~-
CONSULTA T
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Payments to CONSULT ANT for Services
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ATTACHMENT B of the Agreement is amended and supplemented to include the following agreement of the
. parties:
PART 1 -- PAYMENTS TO THE CONSULTANT
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B1.01 For Basic Services having a Determined Scope --Lump Sum Method of Payment
A. CITY shall pay CONSULT ANT for Basic Services set forth in Exhibit A as follows:
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I. A Lump Sum amount of $52,000.00 based on the following assumed distribution of
compensation:
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a. Consultation Phase (15%).................,..................,................ ...... ......$7,800.00
b. Preliminary Design Phase (45%).................................................... ...$23,400.00
c. Final Design Phase (30%)........,............,...,.................................... .$15,600.00
d. Project Bid Phase (10%).. ... ... ,..... ......,.... ... ................ ...... .... ........... .$5,200.00
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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.
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.
4. The portion of the Lump Sum amount billed for CONSULTANT's services will be based upon
CONSULT ANT's estimate of the proportion of the total services actually completed during the
billing period to the Lump Sum.