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Home My WebLink AboutSTEVENSON PALMER ENGINEERING INC EISENHOWER HOSPITAL AREA GRAVITY SEWER . . ~A TE OF GEORGIA :CHMOND COUNTY MAlOR PROTECTS CONSULTANTSER~CESAGREEMENT BETWEEN AUGUSTA, GEORGIA (CIlY) AND CONSULTANT )NSULTANT: .s~1P~~~/k. tOjECf: 74~.J\~ - [; ~ ~ LiMa.. ~ .~~ 1\ TE EXECUTED: 1\ TE COMPLETED: F 23 REVISION DATE: June 2006 . . E OF GEORGIA MOND COUNTY MAJOR PROTECTS CONSULTANT SER~CES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CIlY) AND CONSULTANT ~greement is made and entered into this day of , ~ by ~tween AUGUSTA, Geor~a, a political.subdiViSi1:f the State of Georgia, hereinafter called :ITY" and ClnA O/lAkJ--M..J 'I- '11~ f:vt.q~Y'-' . a Corporation authorized to do ~ss in Georgia, hereinafter called the "CONSULTANT." ~EAS, the CITY desires to engage a qualified and experienced consulting firm to furnish :sional services for: .~lrfl)r:~[)ML~jk~A b.A.UL ;jAA1~~\--WJJV (project description); and, ~EAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to Ie the services contained herein and the CITY has relied upon such representation. , THEREFORE, in consideration of the mutual promises and covenant herein contained, it is I by and between the CITY and the CONSULTANT that: REVISION DATE: June 2006 . . rERAL PROVISIONS ,UL T ANT has agreed, in this Agreement with CITY to procure the services of licensed design :sionals, to provide the engineering services required to provide professional engineering and 1 services for the Project in accordance with the requirements as outlined in and attached as rment A - Scope of Services and other relevant data defining the Project. ;ULT ANT COORDINATION ONSUL T ANT shall cooperate fully with all municipalities, local government officials, utility mies, and other consultants as directed by the CITY. CITY, CONSULTANT and all relevant 5 agree to work together on the basis of trust, good faith and fair dealing, and shall take s reasonably necessary to enable each other to perform this Agreement in a timely, efficient :onomical manner. All parties agree to cooperate in a manner consistent with good design :e and will exercise the degree of skill and diligence normally employed by professional ~ers or consultants practicing under similar conditions. CONSULTANT will re-perform any es not meeting this standard without additional compensation. ~DMENTS TO AGREEMENT amendment to the Scope of Services shall become and is hereby made a part of this ment. Amendments must be fully executed by both the CONSULTANT and CITY to be rCTION IN REQUIRED SERVICES lCtiOns in the required services are ordered by CITY, the credits shall be the amounts for such es as described in subsequently executed Amendments to this Agreement, and no claim for ~es for anticipated profits shall accrue to the CONSULTANT. ~ CHANGES lis Agreement specific periods of time for rendering services are set forth or specific dates by services are to be completed are provided and if such periods of time or dates are changed ~h no fault of CONSULTANT, the rates and amounts of compensation provided for herein Ie subject to equitable adjustment. mMENT MODIFICATIONS .greement shall not be modified except by a duly executed Amendment hereto in writing the hands and seals of both parties hereto. REVISION DATE: June 2006 . . OF COMPLETION ne of completion shall be as described in the schedule attached hereto as Attachment D - lie. .greement shall terminate immediately and absolutely at such time as appropriated and vise obligated funds are no longer available to satisfy the obligations of the CONSULTANT talf of the CITY under this Agreement. However, CONSULTANT will be compensated for rk prior to termination of contract even if the CITY has obligated the funds to other projects. ~CT PROGRESS UL T ANT'S services and compensation under this Agreement have been agreed to in lation of the orderly and continuous progress of the Project through completion. ATION 19 in this Agreement shall be construed as obligating the CONSULTANT to appear, support, 'e, document, bring, defend or assist in litigation either undertaken or defended in behalf of rY except in consideration of compensation. All such services required or requested of UL T ANT by the CITY except suits or claims between the parties to this Agreement will be used as additional services. lNGS rther agreed that the CITY and CONSULTANT each binds itself and themselves, its or their sors, executors, administrators and assigns to the other party to this Agreement and to its or Llccessors, executors and assigns in respect to all covenants of this Agreement. Except as neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in ~eement without prior written consent of the other party hereto. ~T OF THE AGREEMENT greement represents the entire agreement between CITY and CONSULTANT and edes all prior negotiations, representations and agreements, either written or oral. REVISION DATE: June 2006 . . lNITIONS ~ver used in this Agreement, whether in the singular or in the plural, the following terms shall he following meanings: ment Execution - means the date on which CONSULTANT executes and enters into an mentwith CITY to perform the Work. ment Price - means the total monies, adjusted in accordance with any provision herein, Ie to the CONSULTANT under this Agreement. -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. ULTANT - means the party or parties contracting directly with the CITY to perform Work ant to this Agreement. lct - means the Agreement Documents specifically identified and incorporated herein by tlce. lct Time - means the period of time stated in this Agreement for the completion of the Work. 1m Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison en the CITY and the CONSULTANT for all matters pertaining to this Agreement, including {of CONSULTANT's plans and work. ntractor - means any person, firm, partnership, joint venture, company, corporation, or entity ~ a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to Ie a part of the Work called for by this Agreement. emental Agreement - means a written order to CONSULTANT signed by CITY and accepted iNSULT ANT, effecting an addition, deletion or revision in the Work, or an adjustment in the ment Price or the Contract Time, issued after execution of this Agreement. )rder - means a written order specifying a Scope of Services, time of completion and ~nsation limit for services being provided by CONSULTANT. Task Orders shall be lorated by reference as part of the Supplemental Conditions of this Agreement. - means any and all obligations, duties and responsibilities, including furnishing equipment, ~ering, design, workmanship, labor and any other services or things necessary to the sful completion of the Project, assigned to or undertaken by CONSULTANT under this ment. REVISION DATE: June 2006 . . ~TRACT DOCUMENTS f Documents ~greement, the General Conditions, the Attachments, and any Supplemental Agreements, ling Task Orders shall constitute the Agreement Documents (the" Agreement"). ict and Precedence I.greement Documents are complementary, and what is called for by one is as binding as if l for by all. In the event there are any conflicting provisions or requirements in the component of this Agreement, the several Agreement Documents shall take precedence in the following Agreement - Including Attachments General Conditions Supplemental Conditions - Including Task Orders REVISION DATE: June 2006 . . rERAL CONDITIONS COMMENCEMENT OF WORK ~rformance of services as defined in the Prime Agreement between CONSULTANT and the and herein described in this Agreement as Attachment A shall be commenced upon receipt CONSULTANT of a written Notice To Proceed. The effective date of services shall be d in the Notice To Proceed. PROFESSIONAL STANDARDS andard of care for all services performed or furnished by CONSULTANT under this ment will be the level of care and that is ordinarily used by members of CONSULT ANT'S sion practicing under similar conditions. CHANGES AND EXTRA WORK lTY may, at any time, request changes in the work to be performed hereunder. All such es, including any increase or decrease in the amount of the CONSULTANT's compensation, are mutually agreed upon by and between the CITY and the CONSULTANT, shall be lorated in written Supplemental Agreements to the Agreement. ~es that involve an increase in the compensation shall be considered major, and require the val of the CITY. The Program Manager may approve minor changes to the scope of services :) not involve an increase compensation schedule. PERSONNEL ONSUL T ANT represents that it has secured or will secure, at its own expense, all personnel :ary to complete this Agreement; none of whom shall be employees of, or have any ctual relationship with, the CITY. All of the services required hereunder will be performed CONSULTANT under its supervision, and all personnel engaged in the work shall be .ed and shall be authorized or permitted under law to perform such services. Y' professional personnel, including subcontractors, engaged in performing services for the UL T ANT under this agreement are indicated in a personnel listing attached hereto as lment C - Listing of Key Personnel and incorporate herein by reference. No changes or tution shall be permitted in the CONSULTANT's Key Personnel without the prior written val of the CITY or his designee. ONSULTANT shall employ only persons duly registered in the appropriate category in \Sible charge of supervision and design of the work. The CONSULTANT shall endorse all s, contract plans, and survey data. Such endorsements shall be made by a person duly ~red in the appropriate category by the Georgia State Board of Registration for Professional ~ers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for )rk prescribed by this Agreement. REVISION DATE: June 2006 . . ACCURACY OF WORK CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct ~s and omissions in its plans and specifications without additional compensation. The JSUL T ANT shall give immediate attention to these changes so there will be a minimum of Y' to others. !ptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for equent correction of any errors and the clarification of any ambiguities. CONFIDENTIALITY CONSULTANT agrees that its conclusions and any reports are for the confidential use and mation of the CITY and that it will not disclose its conclusions in whole or in part to any )ns whatsoever, other than to submit its written documentation to the CITY, and will only ISS the same with it or its authorized representatives. Upon completion of this Agreement , all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT uant thereto shall become the property of the CITY and be delivered thereto. :les, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or lts and findings of the work conducted under this Agreement shall not be presented publicly or ished without prior approval in writing of the CITY. urther agreed that if any information concerning the PROJECT, should be released by the rSUL T ANT without prior approval from the CITY, the release of same shall constitute grounds ~rmination of this Agreement without indemnity to the CONSULTANT, but should any such mation be released by the CITY or by the CONSULTANT with such prior approval, the same be regarded as public information and no longer subject to the restrictions of this Agreement. OPEN RECORDS rSULTANT acknowledge that all records relating to this Agreement and the services to be ided under the contract may be a public record subject to Georgia's Open Records Act .G.A. S 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request making all records, not exempt, available for irlSpection and copying as provided by law. TURISDICTION law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT regard to its interpretation and performance, and any other claims related to this agreement. laims, disputes and other matters in question between CITY and CONSULT ANT arising out of lating to the Agreement, or the breach thereof, shall be decided in the Superior Court of mond County, Georgia. The CONSULTANT, by executing this Agreement, specifically ents to jurisdiction and venue in Richmond County and waives any right to contest the fiction and venue in the Superior Court of Richmond County, Georgia. REVISION DATE: June 2006 . . TERMINATION OF AGREEMENT FOR CAUSE >ugh any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its ltiOns under this Agreement, or if the CONSULTANT shall violate any of the covenants, ments or stipulations of this Agreement, CONSULTANT will be given the opportunity to lence correction of obligation within 5 days of written notice and diligently complete the :tion thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, riation from the aforesaid schedule without prior approval of the CITY, shall constitute cause ~mination. The CITY shall thereupon have the right to terminate this Agreement by giving n notice to the CONSULTANT of such termination, and specifying the effective date thereof, it five (5) days before the effective date of such termination. In such event, all finished or ished documents, maps, data, studies, work papers and reports prepared by the ;UL T ANT under this Agreement shall become the property of the CITY, and the ;UL T ANT shall be entitled to receive just and equitable compensation for any satisfactory completed on such documents, as mutually agreed by the CITY and CONSULTANT. TERMINATION FOR CONVENIENCE OF THE CITY ITY may terminate this contract in part or in whole upon written notice to the ;ULTANT. The CONSULTANT shall be paid for any validated services under this Contract the time of termination. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULT ANTS ;ULTANT shall thoroughly research all utility records to identify the' existing facilities on the ltted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of ~es. CITY undertakes or awards other contracts for additional related work, the CONSULTANT :ully cooperate with such other CONSULTANTs and the CITY employees or appointed tittee(s), and carefully fit its own work to such additional work as may be directed by the The CONSULTANT shall not commit or permit any act which will interfere with the 'mance of work by any other CONSULTANT or by CITY employees. COVENANT AGAINST CONTINGENT FEES ONSUL T ANT warrants that no person or selling agency has been employed or retained to or secure this Agreement upon an agreement or understanding for a commission, ltage, brokerage, or contingent fee, excepting bona fide employees or bona fide established lercial or selling agencies maintained by CONSULT ANT for the purpose of securing business lat the CONSULTANT has not received any non-CITY fee related to this Agreement without ior written consent of the CITY. For breach or violation of this warranty, the CITY shall have ~ht to annul this Agreement without liability or at its discretion to deduct from the Agreement )f consideration the full amount of such commission, percentage, brokerage or contingent fee. REVISION DATE: June 2006 . . RESPONSIBILITY FOR CLAIMS AND LIABILITY CONSULTANT shall be responsible for any and all damages to properties or persons caused s employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents employees from all suits, claims, actions or damages of any nature whatsoever to the extent .d to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent Jrmance or non-performance of work under this Agreement. These indemnities shall not be :ed by reason of the listing of any irlSurance coverage. INSURANCE CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in ~ and effect an irlSurance policy(s) that will ensure and indemnify both the CITY, and Program ager against liability or financial loss resulting from injuries occurring to persons or property :curring as a result of any negligent error, act, or omission of the CONSULTANT in Jrmance of the work during the term of this Agreement. CONSULTANT shall provide, at all times that this agreement is in effect, Worker's lpensation irlSurance in accordance with the laws of the State of Georgia. CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits )t less than: Vorkmen's Compensation Insurance - in accordance with the laws of the State of Georgia. )ublic Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for njuries, including those resulting in death to anyone person, and in an amount of not less than me Million ($1,000,000) Dollars on account of anyone occurrence. )roperty Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars rom damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) )ollars. T aluable Papers Insurance - in an amount sufficient to assure the restoration of any plans, lrawings, field notes, or other similar data relating to the work covered by the Project. )rofessional Liability Insurance - in an amount of not less than One Million ($1,000,000) Dollars .r an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. ~ will be named as an additional insured with respect to CONSULTANT's liabilities hereunder surance coverage's identified in items (b) and (c). policies shall be written by a responsible company(s), to be approved by the CITY, and shall be :ancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the ~ as co-insured, except for worker's compensation and professional liability policies, and a copy .ch policy or a certificate of insurance shall be filed with the Director at the time of the Lltion of this Agreement. '3 REVISION DATE: June 2006 . . PROHIBITED INTERESTS Conflict of Interest: The CONSULTANT 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. 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. 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. SUBCONTRACTING CONSULTANT shall not subcontract any part of the work covered by this Agreement or rot subcontracted work to be further subcontracted without the CITY's prior written approval le subcontractor. The CITY will not approve any subcontractor for work covered by this ~ement that has not been recommended for approval by the Program Manager. :ubcontracts in the amount of $5,000 or more shall include, where possible, the provisions set 1 in this Agreement. ASSIGNABILITY CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its ts, obligations, benefits, liabilities or other interest under this Agreement without the written ent of the CITY. EQUAL EMPLOYMENT OPPORTUNITY IIlg the performance of this Agreement, the CONSULTANT agrees as follows: (1) the JSUL T ANT will not discriminate against any employee or applicant for employment because ce, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or ~rtisements for employees placed by qualified applicants, receive consideration for employment .out regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the ~oing provisions to be inserted in all subcontracts for any work covered by the Agreement so such provision will be binding upon each subcontractor, provided that the foregoing provision l not apply to contracts or subcontracts for standard commercial supplies of raw materials. DRUG FREE WORK PLACE JSULTANT shall be responsible for irlSuring that its employees shall not be involved in any ner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a rolled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY 23 REVISION DATE: June 2006 . . ~d or leased property, vehicles, and project or client site. Any violation of the prohibitions may t in discipline and/ or immediate discharge. SUL T ANT shall notify the appropriate federal agencies of an employee who has a criminal statute conviction for workplace violation. SUL T ANT may require drug or alcohol testing of employees when contractually or legally ated, or when good business practices would dictate. ANTI-KICKBACK CLAUSE ies of architects, drafters, engineer's, and technicians performing work under this Agreement be paid unconditionally and not less often than once a month without deduction or rebate on lccount except only such payroll deductions as are mandatory by law. The CONSULTANT ,y promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate lsions in all subcontracts covering work under this Agreement. AUDITS AND INSPECTORS lY time during normal business hours and as often as the CITY may deem necessary, the SUL T ANT shall make available to the CITY and/ or audit representatives of the CITY for tination all of its records with respect to all matters covered by this Agreement. It shall also tit the CITY and/ or representatives of the audit, examine and make copies, excerpts or cripts from such records of personnel, conditions of employment and other data relating to all ~rs covered by this Agreement. :ONSUL T ANT shall maintain all books, documents, papers, accounting records and other ~nce pertaining to costs incurred on the Project and used in support of its proposal and shall ~ such material available at all reasonable times during the period of the Agreement, and for years from the date of final payment under the Agreement, for irlSpection by the CITY or any wing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The SUL T ANT agrees that the provisions of this Article shall be included in any Agreements it make with any subcontractor, assignee, or transferee. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE ocuments and materials prepared as an irlStrument of service pursuant to this Agreement are roperty of the CITY. The CITY shall have the unrestricted authority to publish, disclose, bute, and otherwise use, in whole or in part, any reports, data, maps, or other materials ired under this Agreement without according credit of authorship. The CITY shall hold Jess the CONSULTANT against all claims arising out of such use of documents and materials JUt the CONSULTANT's knowledge and written consent. VERBAL AGREEMENT OR CONVERSATION erbal agreement or conversation with any officer, agent, or employee of the CITY, either e, during, or after the execution of this Agreement, shall affect or modify any of the terms or 3 REVISION DATE: June 2006 . . ltiOns herein contained, nor shall such verbal agreement or conversation entitle the ;ULTANT to any additional payment whatsoever under the terms for this Agreement. All ;es to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. INDEPENDENT CONTRACTOR ONSUL T ANT shall perform the services under this Agreement as an independent contractor othing contained herein shall be construed to be inconsistent with this relationship or status. ng in this Agreement shall be interpreted or construed to constitute the CONSULTANT or f its agents or employees to be the agent, employee, or representative of the CITY. NOTICES .tices shall be in writing and delivered in person or transmitted by certified mail, postage id. Notices shall be addressed as follows: INISTRA TOR JSTA, GEORGIA reene Street sta, GA 30911 CONSULTANJ: ~ c--<;t; lJJ At UAnY. flm-2Jl ~ ~.; . .3//) D A IP-'j ,,,,1m ( , ~".J Q, L/t:Jt5 (/1 Li'J' J JJ. 1ft..." )jA r3~ 1"1 to: ::TOR JST A UTILITIES DEPARTMENT lY Street, Suite 180 sta, GA 30901 REVISION DATE: June 2006 . . NITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: Y: GUST A, GEORGIA (CITY) Cfl ~. f---- ITED NAME: 1>tr~.$ ~ C&~I-f~ Urt? rs: MAYOR rs: ~/}3 17/ 'E: .yTo: lECTOR GUST A UTILITIES DEPARTMENT Bay Street, Suite 180 ~sta, GA 30901 23 CONSULT ANT: ShJ"MU#> ]' P;J"""A Gr~Plj~,cL. BY:?- t:l ulj/J .-zz:: PRINTED NAME: JiIMt€ s A. Mu.s.j4J :?r AS ITS:: I~ fJA1~J AS ITS:: /!~-'.IJ'jj/)iu~ d~~J~ DATE: Il-if....tJ8 REVISION DATE: June 2006 . . :ONSULTANT'S RESPONSIBILITIES ONSUL T ANT, in order to determine the requirements of the Project, shall review the formation in Attachment A - Scope of Services. CONSULTANT shall review its understanding . the Project requirements with Program Manager and shall advise CITY of additional data or !rvices which are not a part of CONSULTANT's services, if any, necessary for design to begin. ~OTECT UNDERSTANDING pon request from the CONSULTANT, CITY may provide all criteria and full information as to [TY's and CONSULTANT'S requirements for this part of the project, including design objectives ld constraints, space, capacity and performance requirements, flexibility and expendability, and lY budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, Lrveys, and other materials that may be relied upon in performing CONSULT ANT'S services. EVIEW OF WORK uthorized representatives of the CITY may at all reasonable times review and irlSpect the project :tivities and data collected under the Agreement and amendments thereto. All reports, ~awings, studies, specifications, estimates, maps and computation prepared by or for the CITY association with this Agreement shall be subject to review. le CITY may at any time request progress reports, prints or copies of any work performed lder this Agreement. Refusal by the CONSULT ANT to submit progress reports and/ or plans lall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies ith the CITY's request in the regard. le CITY's review recommendations shall be incorporated into the plans by the CONSULTANT. ONSULT ANT'S INSURANCE JNSUL T ANT will maintain throughout this AGREEMENT the following insurance limits as ,ecified in General Condition 14 - Insurance. :JF23 REVISION DATE: June 2006 . . :ITY'S RESPONSIBILITES ITY-FURNISHED DATA ITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's !rvices on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, ld completeness of the information provided by CITY. IGHT TO ENTER le CONSULTANT will notify all property owners or occupants of the intent to enter properties Ir the purpose of accomplishing work in accordance with the practices of the CITY. The ONSUL T ANT shall discuss with and receive approval from the CITY prior to sending notices of tent to enter private property. Upon request by the CONSULTANT, the CITY will provide the ~cessary documents identifying the CONSULTANT as being in the employ CITY for the upose described in the Agreement. DVERTISEMENTS, PERMITS, AND ACCESS mess otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all Ivertisements for bids; permits and licenses required by local, state, or federal authorities; and nd, easements, rights-of-way, and access necessary for CONS.ULTANT's services or PROJECT Instruction. [MEL Y REVIEW [TY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, ~oposals, and other documents; obtain advice of an attorney, irlSurance counselor, accountant, Iditor, bond and financial advisors, and other consultants as CITY deems appropriate; and nder in writing decisions required by CITY in a timely manner. R.OMPT NOTICE [TY will give prompt written notice to CONSULTANT whenever CITY observes or becomes \Tare of any development that affects the scope or timing of CONSULTANT's Services, or of any ~fect in the work of CONSULT ANT or construction contractors. ITY'S INSURANCE [TY will maintain property insurance on all pre-existing physical facilities associated in any way ith the PROJECT. [TIGATION ASSISTANCE le Scope of Services does not include costs of CONSULT ANT for required or requested :sistance to support, prepare, document, bring, defend, or assist in litigation undertaken or ~fended by CITY. All such Services required or requested of CONSULTANT by CITY, except for tits or claims between the parties to this AGREEMENT, will be reimbursed as additional rvices. OF 23 REVISION DATE: June 2006 . ~TT ACHMENT A - SCOPE OF SERVICES ROJECT DESCRIPTION: IE SIGN OBJECTIVES: OF 23 . REVISION DATE: June 2006 Albany Augusta Savannah Smyrna 1:<,<<..:~,\.~~;!fJrE,f c$~~ ~~~ ~~ '4'IJ a\.~~~ .~',~l tevenson ~.Palrner Engineering, InC. . . October 13, 2008 Mr. Jerry G. Delaughter, P.E., Interim Assistant Director, Engineering Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 . Re: Augusta Utilities Department Fort Gordon Utilities Privatization Eisenhower Hospital Area Gravity Sewer Revised Project and Engineering Costs Dear Mr. Delaughter: We appreciate the opportunity to continue to provide our engineering services for Augusta Utilities Department (AUD) and Fort Gordon for this vital project. As we discussed today, SPE has revised our Engineering Services according to your request. The project will be staffed by our experienced team comprised of professionals from our Augusta office with support from our offices in Smyrna and Albany, as needed. Our dedicated team will use our experience and resources to provide a successful project that AUD and Fort Gordon will be served by for many years. This project generally consists of installing two gravity sewer trunk lines, totaling approximately 19,750 linear feet of both 8- and lO-inch sanitary sewer. This will permit the closure of six existing lift stations and approximately 9,925 linear feet of existing force main. The project description and our scope of engineering services are further detailed in the attached "Capital Construction Project Cost Estimate - Fort Gordon Eisenhower Hospital Area Gravity Sewer Conversion. " A summary of the conceptual Project Construction and associated Engineering Costs are as follows: Construction o Trunk Line No. 1 - North Gravity Sewer Trunk line o Trunk Line No.2 - South Gravity Sewer Trunk line o Contractor Fees Subtotal Construction $1,051,863 $1,485,713 $349.885 $2,887,460 360 Bay Street, Suite 400 / Augusta, Georgia 30901/706-261-4040/ Fax 706-261-4042 Permitting - Allowances for Permit Fees o Wetland Mitigation Allowance o Stream Crossing Mitigation Allowance o Supplemental Environmental Assessment Allowance Subtotal Permitting Allowances $22,875 $60,000 $20.000 $102,875 . . October 13, 2008 Mr. Jerry G. Delaughter, P.E., Interim Assistant Director, Engineering Augusta Utilities Department Fort Gordon Utilities Privatization Eisenhower Hospital Area Gravity Sewer Page 2 on Engineering o Survey o Engineering Design o Bidding o Permitting o Construction Administration Subtotal Engineering $29,625 $230,996 $22,650 $22,150 $43.312 $348,733 Total Capital Request $3,339,068 In conclusion, SPE provides a project team that is familiar with the engineering services required to complete this project. We eagerly anticipate working together with AUD and Fort Gordon on this vital project. Sincerely, STEVENSON & PALMER ENGINEERING, INC. ~ a c:VJ;l! x James A. Willson, II, P.E. Vice President JAW:kmv Cc: File G1240801 Stanley Aye, AVD Horace Luke, AVD Enclosures: Capital Construction Project Cost Estimate - Fort Gordon Eisenhower Hospital Area Gravity Sewer Conversion, consisting of 3 pages Sheet No. 1 - Proposed Gravity Sewer Layout (llxl7) Attachment C - Project Fee Estimate enson & Palmer Engineering, Inc. Page I !ital Construction Project Cost Esti. Fort Gordon Eisenhower Hospital Area Gravitv Sewer Conversion liect Description: The proposed capital improvement project is being implemented in support of Fort 'don's privatization of wastewater utilities to the Augusta-Richmond County municipal services. The project sists of the installation of two gravity sewer trunk lines, totaling 19,750 linear feet (It), and appurtenances ch will allow closure and abandonment of 6 existing lift stations and 9,925 If of force main. The resulting vity sewer system to the municipal network will eliminate current operational costs associated with pumping combined 500+ acre service area sewage to the wastewater treatment facility and will be a significant step ards transitioning Fort Gordon's wastewater treatment demand to the private utility. Further details are vided for construction of each of the aforementioned trunk lines comprising this capital project. NORTH GRAVITY SEWER TRUNK LINE The north gravity sewer trunk line will begin near 220d Street and connect to the existing municipal system just northwest of the National Science Center. It will serve an area of approximately 250 acres bounded to the north by Fort Gordon Highway (Route 10/78/278), west of the Gate 1 entrance and south to an elevation of 320 feet ASL. The trunk line will eliminate the need for 2 existing lift stations and 3,200 If of force main required to convey wastewater to the Fort Gordon wastewater treatment plant. This municipal gravity sewer trunk line will consist of approximately 4,625 If of 8-inch and 2,700 If of lO-inch SDR 35 PVC pipe with an estimated twenty-four (24) 48-inch diameter manhole structures. Installation will require jack and bore pipe installation techniques at a minimum of 4 road crossings and an approximated 400 If wetland and stream crossing as shown on attached Drawing Sheet 01. SOUTH GRAVITY SEWER TRUNK LINE The south gravity sewer trunk line begins near West Hospital Road and extends to a municipal service line directly north of the National Science Center. It will also serve approximately 250 acres west and north of Chamberlain Avenue, including Eisenhower Hospital and the adjacent barracks/hospital housing areas. The trunk line will eliminate the need for 4 existing lift stations and approximately 6,725 If of force main currently conveying sewage to the wastewater treatment facility. The south trunk line will consist of approximately 5,325 If of 8-inch and 7,100 If of lO-inch SDR 35 PVC pipe with an estimated thirty-six (36) 48-inch diameter manhole structures. Installation will require jack and bore techniques at a minimum of 9 road crossings. me of Services: The following scope of services descriptions provide the assumptions used to develop the : estimates provided in the enclosed Table 1. Pipeline routes were selected to provided requisite slopes and imize impacts by following existing right-of-ways to maximum extent practical. CONSTRUCTION Construction cost estimates assume PVC pipelines will be installed at depths of 8 feet or less using standard 4-foot diameter manhole structures. All road crossings and wetland/stream crossing assume usingjack and bore techniques to minimize surface impacts and traffic obstruction. Demolition of lift stations assume removal of top, valve vaults, aboveground facilities and hardware, backfilling a 8' x 12' nson & Palmer Engineering, Inc. Page 2 !ital Construction Project Cost Esti. Fort Gordon Eisenhower Hospital Area Gravitv Sewer Conversion wetwell with gravel, and performing site restoration. Abandonment of force mains includes accessing, separating and capping end pipes. Sedimentation and erosion controls will consist of standard industry methods, and site restoration assumes grading and seeding the ground surface after pipe trenches are backfilled. Contractor fees are based on standard profit, overhead and insurance/bond fees encountered on similar projects. ENGINEERING Engineering design fees are based on standard industry percent of construction costs estimates. The corridor survey assumes collecting topographic design data for a 19,750 Ifroute using a 50-foot swath. Easements, acquisitions and/or right-of-ways are not included. Bid phase engineering services include production of bid packages (<20 copies), bid tabulation, attendance at pre-bid meeting/site walk, assistance with contracting, and responding to contractor questions. Construction administration includes attendance at monthly project meetings, responding to contractor questions, processing pay requests and RFIs, and other in-office administrative functions. Cost estimates do not include Resident Project Engineering Services. PERMITTING Permitting services include conducting a wetland delineation and functional analysis for an approximate 400 lfwetland and stream crossing. Assuming a 100-foot buffer around the potential area of disturbance, there is a 1.83 acre allowance provided for wetland and stream mitigation, if required. Similarly, an allowance has been provided for additional environmental assessment work if the original Fort Gordon Privatization EA is deemed not to be inclusive of this activity. Finally, standard charges have been provided for soil erosion control and Corps permits based on previous experience. Estimates: Cost estimates are provided in Table 1 for the construction of the north and south gravity r trunk lines with associated contractor fees. The total construction cost is estimated at $2,887,460 with Va apportioned to the north trunk line and 58.5% to the south. The associated engineering fees including ~y, design, bid phase, permitting and construction administration services is $348,733 or 12.1% of truction. Permitting fees are $102,875 in allowances for potential mitigation expenses and supplemental 'onmental assessment activities. final opinion of probable costs for this capital improvement project is estimated at $3,339,068 or $169.07/1f. lId you have any questions regarding the preliminary design or cost estimates, please contact James A. ion, II, P.E. or Richard L. Clegg, P.E. at 706-261-4040. !ital Construction Project Cost Estbte Fort Gordon Eisenhower Hospital Area Gravitv Sewer Conversion Table 1: Capital Construction Project Cost Estimate Fort Gordon Eisenhower Hospital Area Gravity Sewer Conversion 20,000 ea 1 $20,000 NA % constr 10% $253,758 NA % constr 3% $76,127 SUBTOTAL $349,885 CONSTRUCTION COSTS SUBTOTAL $2,887,460 $1.50 If 19,750 $29,625 NA % constr 8% $230,996 NA % constr 0.8% $22,650 NA % constr 1.5% $43,312 ENGINEERING SUBTOTAL $326,583 5,000 acres 1.83 $9,150 5,000 ea 1 $5,000 8,000 ea 1 $8,000 PERMITTING SUBTOTAL $22,150 12,500 acres 1.83 $22,875 100 If 600 $60,000 20,000 ea I $20,000 PERMITTING SUBTOTAL $102,875 TOTAL CAPITAL REQUEST $3,339,068 ~ of Work Item Descriotion Unit Rate Units 75 If 90 If 2,500 If 17,500 ea 350 If 15,000 ea 1,500 ea NA % pipe install 30,000 ea NORTH GRAVITY SEWER TRUNKLINE I 8-inch SDR 35 PVC Pipe; 0-8' Depth I to-inch SDR 35 PVC Pipe; 0-8' Depth I 48" Dia Manholes; Type 1, 0-6' Depth Crossings, Jack & Bore; <18"Casing, 751f Cut 10-inch Ductile Iron Pipe , and Fill Closed Lift Stations nd Abandon Closed Force Mains ~estoration lentation and Erosion Control PlanlMeasures SOUTH GRAVITY SEWER TRUNKLINE 1 8-inch SDR 35 PVC Pipe; 0-8' Depth 1 lO-inch SDR 35 PVC Pipe; 0-8' Depth 148" Dia Manholes; Type 1,0-6' Depth Crossings, Jack & Bore; <18"Casing, 75 If , and Fill Closed Lift Stations nd Abandon Closed Force Mains ~estoration lentation and Erosion Control PlanlMeasures 75 If 90 If 2,500 If 17,500 ea 15,000 ea 1,500 ea NA % pipe install 30,000 ea CONTRACTOR FEES lization oal Conditions , and Insurance ENGINEERING Survey/Geotechnical eering Design hase ruction Administration PERMITTING nd DelineationIFunctional Analysis !rosion Control Permit :E Permitting PERMITTING ALLOWANCES nd Mitigation Allowance n Crossing Mitigation Allowance emental Environmental Assessment Allowance nson & Palmer Engineering, Inc. Ouantity 4,625 2,700 24 4 600 2 2 10% 1 SUBTOTAL 5,325 7,100 36 9 4 4 10% 1 SUBTOTAL Page 3 Subtotal $346,875 $243,000 $60,000 $70,000 $210,000 $30,000 $3,000 $58,988 $30,000 $1,051,863 $399,375 $639,000 $90,000 $157,500 $60,000 $6,000 $103,838 $30,000 $1,485,713 . . ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be 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. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULT ANT for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged firectly on the work. Compensation for design services shall be invoices based on the sum of all actual costs incurred In the performance of the work, including all direct, payroll, overall and profit cost in an amount tlot-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred ~xpenses, labor hours and costs by authorized Task. Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested lCceleration of the scheduled work in writing. 18 OF 23 REVISION DATE: June 2006 . . ATTACHMENT C - LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: 19 OF 23 REVISION DATE: June 2006 . . ATTACHMENT D - SCHEDULE FOR PERFORMANCE 20 OF 23 REVISION DATE: June 2006 . . :ONSULTANT SERVICES \.S a part of this Agreement the CONSULTANT agrees to furrrish the following checked items CONSULT ANT to initial in the space provided acknowledging responsibility to furnish said tern). 'rior to Authorization To Proceed: ~....--:Aw Detailed Scope of Services based upon Schedule A of this Agreement to be submitted ~ with Cost Proposal clearly defining the CONSULTANT'S understanding of the project limits, design objectives and CONSULTANT'S services to be provided. ~ Cost Proposal that will include cost of surveying, design, preparation of construction plans and specifications, and other services requested in the CITY's Request for Proposal. ~ Schedule for submittal of review documents at 30%, 60%, and 90% completion; and final documents. 'rior to submitting 30% review documents: ~ 'MJLocate 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. ~ Provide CITY with information on the project site(s), including the following: · Past and present use of the land (specifically identify any landfi1ling activities in the area); identify any nearby designated wetlands . Soil type(s) · Boring results when required by CONSULTANT for new facilities or where depth of line and existing site conditions warrant. . Brief description of the area (e.g., residential, commercial, industrial) including general slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number of properties affected and number of easements required with property owners identified · Identification of potential problems in meeting design objectives. ~ Site Plan (If Required) nroughout project: ~prepare printed responses to comments received from the CITY following reviews. Provide the necessary plats 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 version). Specifications must mirror that provided by the CITY. I OF 23 REVISION DATE: June 2006 . . ~J Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the submittal of Final documents. Provide cost breakdown for any items to be lump sum in the construction contract. Upon completion of design: ~ Coordinate with the City Procurement Department to advertise the project. ~ Fax bid information to CITY. ~ Attend the Pre-Bid Meeting as a technical reference to the CITY. ~aJ Prepare letter of recommendation for award of the contract. ~ Develop conformed contract documents and forward to the CITY for execution. ~ Attend the pre-construction meeting as a technical reference to the CITY. ~ Pr~vide clarification related to the plans/ specifications throughout design and construction. ~ Provide record drawings at completion of the project electronically, per the Utilities fuiin Standards and Specifications (latest version). ~r;J Provide Services During Construction as follows: ~. Attend project meetings as scheduled by the CITY · Recommend design changes as field conflicts arise (site visits may be required) . Review and approval of pay requests from the construction Contractor (line of communication will be construction contractor to resident observer to CONSULTANT to CITY) . Provide clarification of plans and specifications throughout construction · Revise/update plans and/ or easement plats as changes occur that require resubmittal to DOT/other agencies. AUGUST A UTILITIES DEPARTMENT TITLE: DIRECTOR TITLE: CONSULT ANT BY.c;;:z- &:' MJ:dL-:o= PRINTED NAME: ,--.k~s A. tAiu.So,.J tr (JiL fJJ.LuebJ It ~ p, h..o~ B / / BY: PRINTED NAME: DATE: DATE: PROGRAM MANAGER BY: PRINTED NAME: TITLE: DATE: 22 OF 23 REVISION DATE: June 2006 . . 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. ~. 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. 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