HomeMy WebLinkAboutW K DICKSON CO INC PROJECT FITTH AND SIEXTH STREET BASIN SEWER EVALUATION 1/1 REMOVAL
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ST ATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT:
PROJECT:
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MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
W.K. Dickson & Co., Inc.
(CONSULTANT)
Fourth, Fifth, and Sixth Street Basin Sewer Evaluation & 1/1 Removal
W.K. Dickson & Co., Inc.
DATE EXECUTED:
DA TE COMPLETED:
10F23
REVISION DATE: June 2006
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this .3 day of , 2008 by and
between AUGUSTA, Georgia, a political subdivision of the State of Ge gia, hereinafter called the "CITY"
and W.K. Dickson & Co., Inc. a Corporation authorized to do business 111 Georgia, hereinafter called the
"CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional
services fc)r:
A S S' E I t' S ('S'SE'S)' 14th -th d 61h S n' C" b' d S S t t
ev..'cr - ystem, 'va ualon . urvey _, ", on t1e ,), an treet DaSII1S om me . ewer ,ys ems 0
identi(y areas of the interceptors that need repair, rehahilitation, or replacement. The purpose of this survey is
to collect documentation on the interceptor so that rehabilitation measures can be evaluated to develop the
1110st cost effective corrective actions. The initial \vork items are to include line and manhole inspections. flow
isolation, temporary now monitoring (if needed). and data reporting in conjunction with utility contractors to
provide a "Find and Fix" solution to meet a set goal of reduction of main line infiltration. Additional items
may include sewer cleaning, CCTV, and permanent fiow monitoring; and,
WHEREAS, the CONSULTANT has represented to the C1TY that it is experienced and qualified to provide
the services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by
and between the CITY and the CONSULTANT that:
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REVISION DATE: June 2006
GENERAL PROVISIONS
CONSULTANT has agreed, in this Agrccment 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 Serv ices and other relevant data defin ing the Project.
CONSULTANT COORDINATION
The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility
companies, and other consultants as directed by the CITY. CITY , CONSULTANT and all relevant parties
agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably
necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All
parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of
skill and diligence normally employed by professional engineers or consultants practicing under similar
eonditions_ CONSULTANT will re-perform any services not meeting this standard without additional
compensation.
AMENlJMENTS TO AGREEMENT
Every amendment to the Scope of Serviccs shall become and is hcreby made a part of this Agreement.
Amendments must be fully executed by both the CONSULT ANT and CITY to be valid.
REDUCTION IN REQUIRED SERVICES
3 OF 23
REVISION DATE: June 2006
If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services
as described in subsequently executed Amendments to this Agreement., and no claim for damages for
anticipated profits shall accrue to the CONSULTANT.
DATE CHANGES
If in this Agreement specific periods of time for rendering services are sellorth or specific dates by which
services are to be completed are provided and if such pcriods oftime or dates are changed through no fault of
CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable
adj ustmenl.
AGREEMENT MOIHFICA TIONS
This Agrcemcnt shall not be modified except by a duly executed Amendment hereto in writing under the
hands and seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment 0 - Schedule.
This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise
obligated funds are no longer available to satisfy the obligations ofthc CONSULTANT on behalf of the
CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to
termination of contract even if the CITY has obligated the funds to other projects.
PROJECT PROGRESS
CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Pn~ject through completion.
UTIGA nON
Nothing in this Agreement shall be construcd as obligating thc CONSULTANT to appear, support, prepare,
document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in
consideration of compensation. All such services required or requested of CONSULTANT by the CITY
except suits or claims between the parties to this Agreement will be reimbursed as additional services.
BINDINGS
It is further agreed that the 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 CONSUt;rANT shall assign, sublct or transfer its or their interest in this Agreemcnt without
prior written consent ofthe other party hereto,
EXTENT OF THE AGREEMENT
This Agreement represents the entire agrcement between CITY and CONSULTANT and supersedcs all prior
negotiations, representations and agreements, either written or oral.
4 OF 23
REVISION DATE: June 2006
DEFINITIONS
Wherever used in this Agreement, whether in thc singular or in thc plural, the following terms shall have thc
following meanings:
Agreement Execution - means the date on wh ich CON S U L TAN' r executes and entcrs into an Agreement with
CITY to perform the Work.
Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the
CONSULTANT undcr this Agreement.
CITY -means a legal entity AUGUSTA, Georgia, a political subdivision ofthe State of Georgia.
CON S U L T ANT - means the party or parties contracting directly with the CITY to perfom1 Work pursuant to
this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by reference.
Contract Time - means the period of time stated in this Agreement for the completion of the Work.
Subcontractor - means any person, finn, partnership, joint venture, company, corporation, or entity having a
contractual agreement with CONSULT ANT or with any of its subcontractors at any tier to provide a part of
the Work called for by this Agreement.
Supplemental Agreement - means a written order to CONSULT ANT signed by CITY and accepted by
CONSUL TANT, 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.
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Task Order - means a written order specifying a Scope of Services. time of completion and compensation
limit for services being provided by CONSULTANT. Ta<;k Orders shall be incorporated by reference as part
of the Supplcmental Conditions of this Agreemcnt.
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 undertakcn by CONSULTANT under this Agreement.
CONTRACT DOCUMENTS
List of Documcnts
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task
Orders shall constitute the Agreement Documents (the "Agreemenf').
Conniet and Precedence
The Agreement Documents arc complementary, and what is called for by one is as binding as if called for by
all. In the event there arc any conflicting provisions or requirements in the component parts of this
Agreement, the several Agreement Documents shall take precedence in the fc)llowing order:
I. Agreement - Including Attachments
2, General Conditions
3. Supplemental Conditions - Including Task Orders
5 OF 23 REVISION DATE: June 2006
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GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreemcnt between CONSULT ANT and the CITY, and
herein described in this Agreement as Attaehmcnt A shall be commenced upon rcceipt by the
CONSULTANT of a written Noticc To Proceed. Thc cffective date of scrviees shall bc defined in the Notice
To Proceed.
2. PROFESSIONAL STANDARDS
The standard of care for all services performcd or fumished by CONSULTANT under this Agreement will be
the level of care and that is ordinarily lIsed by members ofCONSlJLT ANT'S profession practicing under
similar conditions.
3. CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performcd hereunder. All such changes,
including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually
agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written
Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require the approval of
the CITY.
4, PERSONNEL
The CONSUl T 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 employecs oC or have any contractual rclationship with,
the CITY. All ofthc services required hereundcr will he performed by the CONSULTANT under its
supervision, and all personncl engaged in the work shall be qualified and shall be authorized or pcrmitted
under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSU L T ANT under this agreement are indicated in a pcrsonnellisting attached hereto as Attachment C _
Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted
in the CONSULTANTs Kcy Personnel without thc prior written approval of the CITY or his designee.
6 OF 23
REVISION DATE: June 2006
The CONSULTANT shall employ only persons duly registcred in the appropriate category in responsiblc
charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans,
and survey data. Such endorsements shall be made by a pcrson duly registercd in the appropriate category by
the Georgia State Board of Registration for Professional Engincers and Land Surveyors, being in the full
employ of the CONSULTANT and responsible for the work prescribed by this Agreement.
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5, ACCURACY OF WORK
The CONSULTANT shall he responsible for the accuracy ofthc 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 aminimulll of delay to others.
Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent
correction of any errors and the clarification of any amhiguities,
6. CONFIDENTIALITY
The CONSULTANT agrees that its conclusions and any reports arc for the confidential use and information
of the CITY and that it will not disclosc its conclusions in whole or in part to any persons whatsoever, other
than to submit its writtcn documentation to the CITY, and will only discuss the samc with it or its authorized
representatives. Upon completion of this Agreementtenn, all documents, drawings, reports, maps, data and
studies prepared by the CONSULTANT pursuant thcreto shall becomc the property of the CITY and be
delivered thereto,
Articles, papers, bulletins, reports, or other matcrials reporting thc 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 conceming the PROJ F.CT, should be released by the
CONS UL T ANT without prior approval from the CITY, the release of samc shall constitute grounds for
termination of this Agreement without indemnity to the CONSULTANT, but should any such in/ormation be
released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as
public information and no longer subject to the restrictions of this Agreement.
7, OPEN RECORDS
CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided
under the contract may be a public record subject to Georgia's Open Records Act (O.C.O.A. ~ 50-18-70, et
seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law.
8, JURISDICTION
The law of the State of Georgia shall govern the CONTRACT bctween CITY and CONSUL'l'ANT with
regard to its interpretation and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County,
Georgia. The CONSULTANT, by executing this Agrecment, specifically consents to jurisdiction and venue
in Richmond County and waives any right to contest the jurisdiction and venue in thc Superior Court of
Richmond County, Georgia.
7 OF 23
REVISION DATE June 2006
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9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONSUL TANTshal1 fail to fulllll in a timely and proper manncr its obligations
under this Agreement, or ifthc CONSULTANT shall violate any of the covenants, agreements or stipulations
of this Agreement, CONS U L T ANT wi II 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 aforcsaid schedule without prior
approval of the CITY. shall constitute cause for termination. The CITY shall thereupon have the right to
terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specify'ing
the effective date thereof, at least five (5) days before the effective date of such termination. In slIch event. all
finished or unfinished documents, maps, data. studies, work papers and reports prepared by the
CONSULT ANT under this Agreement shall become thc property ofthe CITY, and the CONSULTANT shall
be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents, as mutually agrccdby the CITY and CONSULTANT.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated services under this Contract up to the time of termination.
II. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULTANT shall thoroughly research all utility records to identify the existing facilitieson the submitted
roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully
cooperate with such othcr CONSULTANTs and the CITY employees or appointed committee(s), and
carefully tit its own work to such additional work as may be directed by the CITY. The CONSULT A NT
shall not commit or permit any act which will interfere with fhe performance of work by any other
CONSUL T ANT or by CITY employees.
12. COVENANT AGAlNST CONTINGENT FEES
The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage. brokerage, or
contingent fee. excepting bona fide employees or bona fide established commercial or selling agencies
maintained by CONSULT ANT for the purpose ofsecuring business and that the CONSULT ANT 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 Agrcement without liability or
at its discretion to deduct from the Agreement Price of consideration the full amount of Stich commission,
percentage, brokerage or contingent fec.
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT shall be responsiblc for any and all damagcs to properties or persons caused by its
employees. subcontractors. or agents, and shall hold harmless the CITY, its officers, agents and cmployees
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 performancc or non-performance of work
underthis Agreement. These indemnities shall not be limited by reason of the listing of any insurance
coverage.
8 OF 23 REVISION DATE June 2006-
14. INSURANCE
The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) that will ensure and indemnify both the CITY against liability or financial loss
resulting from injuries occurring to persons or property or occurring as a result or any negligent error, act, or
omission of the CONSULTANT in performance of the work during the term of this Agreement.
The CONSULTANT shall provide. at all times that this agreement is in effect, Worker's Compensation
insurance in accordance with the Jaws ofthe State of Georgia.
The CONSUl.TANT shall provide, at all times that this Agrccment is in effect, Insurance with limits of not
less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Puhlic Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars tor injuries,
including thosc resulting in death to anyone person, and in an amount of not less than One Million
($1.000,000) Dollars on account of anyone occurrence,
C. Property Damage Insurance - in ail amount of not less than One Million ($1,000,000) Dollars rrom
damages on account of an occurrence, with all aggregate limit of One Million ($ 1,000,000) Dollars,
D. Valuable Papers Insurance - in an amount suflicient to assurc the restoration of any plans, drawings, field
notes, or other similar data relating to the work covered by the Project.
E. 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
insurancc coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as
co-insured, exccpt for worker's compensation and professional liability policies, and a copy of such policy or
a certificate of insurance shall be filed with the Director at the time of the execution ofth is Agreement.
15. PROHIBITED lNTERESTS
15.1 Conflict of Intcrest: The CONSULTANT agrecs that it presently has no interest and shall acquirc no
interest, direct or indirect, that would conflict in any manner or degree with the performance of its
services hereunder. The CONS U L TAN'!' further agrees that, in the performance of the Agreement,
no person having such interest shall be employed.
15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tcnure or for
one year thereafter. shall have any intcrest, direct or indirect, in this Agreemcnt or the proceeds
thereof.
15.3 Emplovment of CITY's Personncl: The CONSULTANT shall not employ any person or persons in
the employ of the CITY for any work requircd by the terms of the Agreement, without thc written
permission ofthe CITY except as may otherwise be provided for herein.
9 OF 23 REVISION DATE: June 2006
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15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or
for one year thereafter, shall hdvp. dny interest, dirt~ct or indirect, in this Agreement or th(-~
proceeds thereof.
15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ dny person or persons
in the employ of the CITY for any work required by the terms of the Agreement, without the
written permission of thf' CITY except dS may otherwise be provided for herein.
16. SUBCONTRACTING
The CONSU L TANT shall not subcontract any part of the work covered by this Agreement or permit
subcontracted work to be further subcontracted without the ClTY's prior written approval of the
subcontractor. The CITY will not approve any subcontractor for work covered by this Agreement that
has not been previously recommended for approval.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set
forth in this Agreement.
17. ASSIGNABILITY
The CONSU L T ANT shall not assign or transfer whether by an assignment or novation, any of its rights,
obligations, benefits, liabilities or other interest under this Agreement without the writt(>nconsent of
the CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the
CONSULTANT will not discriminate against any employee or applicant for employment because of
race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or
advertisements for employees placed by qualified applicants, receive consideration for employment
without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the
foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that
such provision will be binding upon each subcontractor, provided that the foregoing provision shall
not apply to contracts or subcontracts for standard commercial supplies of raw materials.
19. DRUG FREE WORK PLACE
CONSULTANT shall be responsible for insuring that its employees shall not be involved in any
manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a
controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY
owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may
result in discipline and/or immediate discharge.
CONSU L T 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.
10 OF 23
REVISION DATE June 2006
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20. ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall
be paid unconditionally and not less often than once a month without deduction or rebate on any
account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby.
promises to comply with all applicable "Anti-kickback" laws, dnd shall insert appropriate provisions in
all subcontracts covering work under this Agreement.
21, AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the
CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for
examination all of its records with respect to all matters covered by this Agreement. It shall also permit
the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from
such records of personnel, conditions of employment and other data relating to all mattf'rs covered by
this Agreement,
The CONSULTANT shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make
such material available at all reasonable times during the period of the Agreement, and for three years
from the date of final payment under the Agreement, for inspection by the CITY or any reviewing
agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT
agrees that the provisions of this Article shall be included in any Agreements it may make with any
subcontractor; assignee, or transferee.
22. CITYSHIP, PUBLICATION, 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,
dnd otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this
Agreement without according credit of authorsh ip. The CITY shall ho Id harm less the CONSU L T ANT
against all claims arising out of such use of documents and materials without the CONSU L T ANTs
knowlp.dgE-~ and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any offin'r, agent, or employee of the CITY, either before,
during, or after the execution of this Agreement, shall affect or modify any of the terms Of obligations
herein contained, nor shall such verbal agreemf'nt or conversation entitle the CONSU L T 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.
24. INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services under this Agreement as an independent contractor and
nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing
in this Agreement shall be interpreted or construed to constitute the CONSU LTANT or any of its agents
or employees to be the agent, employee, or representative of thf' CITY,
11 OF 23
REVISION DATE: June 2006
PRINTED NAME: 1/A"V:::t:.P 5o.
AS ITS: MAYOR
core,.:4f;4-.rc3-pRINTED NAME: William G,
~ AS ITS: VICE PRESIDENT
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PRI~TED NAME:-fa'ttl("la, Wealhetm~
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25. NOTICES
All notices shall be in writing and delivered in person or transmitted by u'rtified mail, postage prepaid,
Notices shall be addressed as follows:
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30911
CONSULTANT:
W,K. Dickson & Co., Inc.
1450 Greene Street
Suite 225
Augusta, GA :i0901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 100
Augusta, GA 30901
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
CIN, ~
AUG~S}~~GEOR ITY)
BY: UL~.
CONSULTANT:
BY:
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Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
12 OF 23
REVISION DATE: June 2006
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT, in order to determine the requirements of the Project, shall review thp informdtion
in Attachment A - Scope of Services, CONSULTANT shall review its understanding of the ProjPlt
requirements and shall advise CITY of additiondl data or services which are not a part of
CONSULTANT's services, if any, necessary for design to begin.
PROJECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to
CITY's and CONSULTANT'S requirements for this part of the project, including design objectives
and constraints, space, capacity and performance requirements, flexibility and expendability, and
any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports,
surveys, and other materials that may be relied upon in performing CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the project
activities and data collected under the Agreement and amendments thereto. All reports, drawings,
studies, specifications, estimates, maps and computation prepared by or for the CITY in dssociation
with this Agreement shall be subj(~ct to review.
The CITY may at any time request progress reports, ,prints or copies of any work performed under this
Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to
withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request
in the regard.
The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Cond ition 14 - Insurance.
13 OF 23
REVISION DATE June 2006
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CITY'S RESPONSIBILlTES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, dnd
completeness of the information provided by CITY,
RIGHT TO ENTER
The CONSU L T 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
CONSULTANT 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
descri bed in I he Agreement.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits dnd licenses required by local, state, or Federal authorities; dnd land,
easements, rights-of-way, and access necessary for CONSU L T ANT's services or PROJECT
construct ion.
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, proposals,
and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond
and financial advisors, and other consultants as CITY deems appropriate; and render in writing
decisions required by CITY in a timely manner,
PROMPT NOTICE
CITY will give prompt written notice to CONSU L T ANT whenever CITY observes or becomes aware
of any development that affects thE" scope or timing of CONSULTANT's Services, or of any defect in
the work of CONSU L T 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 CONSU L TANT for required or requested assistance
to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY.
All such Services requ ired or requested of CONSU L T ANT by CITY, except for suits or cia i ms
between the parties to this AGREEMENT, will be reimbursed as additional services.
14 OF 23
REVISION DATE June 2006
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ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION: Conduct d Sewer System EVdludlion Survey (55I-S) on the 4'<',')'1 dnd 6"
Street Sewer System. The .study ared includes the cornbinpd spwpr ~v<;tern in 6'" <,treet lrom r~("ync;ld~
to \Valton Way, dnd 4'" and 5'h Street from r~(',>'nolcj, to Laney 'vVdlk('f Boulevard to idNlllfV drr'd<; of
thf' spwpr systprn that Il~~ed repair rehdbilitdtioli, or rprlacenwnt. The purP()~P of thi., ~lW":'V ;<; to
collect documentation on tlw sewer svstem so thai rehabilitation medsurps c..w be evaluated to
develop the most cost effective corrective actions. The scope of services will span multiplt-. fiscal
years with work items to include line and manholp inspections, flow isolation, temporary flow
monitoring, CCTV, sewer cleaning and data reporting in conjunction .vith utility contractors to
provide a "Find and Fix" solution to meet d set goal of reduction of sewer system inflow and
infiltration. Due to basin size and budgetary purposps, the system will be divided into subsysterns
and the scope will be limited to field investigation, CeTV, smoke testing, reporting mapping updatp~,
and developing d re"pair/construction plan and cost estimates, For this first phase, additional JreJS of
work and scope modifications will be authorized in writing by the CITY. S<'f-' attached map of art'd of
this first phase.
CONSULTANT will:
· Administer Project including Kick-off Meeting and periodic progress rnt-'t-'tings
· Perform Ground Truthing and Mapping
· Perform Manhole Inspection... using dbovp and below ground techniques
· Perform Flow Isolation Tests and AnalyzE' Results
. Perform Smokp Testing
· Perform Dye Tracing if Necessary
· Provide SSES Rt-'porl consistent with CI fY's format
· Provide CCTV Inspection of Select Sewer Lines and Technical Mpmofandum
Project Administration
CONSUl T ANT will conduct a Kickoff Meeting with CITY dnd update CITY staff on a monthly basis
via teleconference or email to present findings, review technical memos, inspection rt'ports and
review the status of the project and schedule. Project has assumed to span 4 months this fiscdl year.
CONSULTANT will conduct a Final Meeting with CITY to review findings dnd [(,'commendations.
Ground Truthin~ and Mappin~
Available relevdnt information will be provided by CITY to expedite the sewpr investigation phase (J!
this project and to eliminate duplication of work. This step will include f('vif'wing as-built drawing..,
of selected sewer basins, GIS data of the existing sewers that dischargE' to the outfalls of concern,
pump station information, and other pertinent information. This task will al<;o include grounu
truthing the sewer collection subsystems to verify the maps dnd to perform corrections using
mapping grade GPS and or additions to the GIS Data Base, including attribute upddtes.
Daily reports will be maintained and dny problems where found or observed will be shared with
CITY.
CONSULTANT will update Data Base dnd CITY's ARC-IMS site upon completion of ground truthing.
CITY shall provide copies of all CCTV work previously performed on these lines.
15 OF 23
REVISION DATE June 2006
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Flow Isolation Tests and Analyze Flow Isolation Results
CONSU L T ANT concluded flow isolation in the 4th, 51h, 6th, and Street sewer systems. CONSULTANT
will perform approximately 50 flow isolation readings during wet weather conditions. Thp flow
isolation tests will be performp.d in a step-wise approach, The tests will be performed in the early
morning hours 12:00 AM through 5:30 AM when water use is normally minimal to light, A portablE'
calibrated weir will be used to measurE' the flow in each collection line that is monitored.
CONSULTANT will analyze flow isolation results, calculate the infiltration rates of sewer monitored
in terms of gallons per day per inch diameter per mile (gpd/in/mi) and determine sewers that have
excessive infiltration (greater than 1,500 gpd/in/mi).
Smoke Testin~
CONSULTANT will perform smoke testing on approximately 34,298 linear feet of sewer collector
I ines to determine system deficiencies,
Manhole Inspections
CONSULTANT will perform above ground inspections of Approximately 184 manholes. This will
include the areas where flow isolation revealed excessive infiltration.
CONSULTANT will also E'nter manholes to perform below-grade inspections in study area. Below
grade inspections in 411., Sill, and 6th Street systems will be manholes that qualify for below ground
inspection and include all manholes entered for flow isolation measurements. CONSULTANT
estimates that approximatf'ly 50 manholes will require below ground inspection, Below ground
inspection will be conducted during CONSU L T ANT's mobilization for flow isolation.
CONSULTANT will complete a Physical Inspection Report for any manhole that exhibits a problem
during above ground inspection. CONSULTANT will complete a Physical Inspection Report for all
manholes inspected below ground.
Dye Tests
CONSULTANT will perform d maximum of 15 dYf~ tracer tests within the system to determine when"
the sanitary sewers are interconnected with stormwater systems. CITY shall provide water and firf'
hose for dye testi ng.
CCTV Inspection/Cleaning
16 OF 23
REVISION DATE June 2006
Should we elect to have portions of the system inspected with cerv, CONSU LTANT will use the
servin>s of Unitc,'d Utility Contractor Inc. to perform ,,('wer line cleaning and internal televi"ion
in,,~w('tion. Vv'hf're infiltTdtion is suspected, wt' recommend that thp telt'vision inspection be
('onductpd during Wl-'t wPdther flows or using dyed watE-'r flooding of thl' <;urfdce. CONSULL\NT's
inspection team Cdn determillE" approximately how much wd1pr is entering through each dl"fect in
gallons per minute. Problems related to infiltration willlw identified during this stpp as typicdlly
these prohlplll" origindtP from defects dS well. The ll'lc~visi()n insppction \Nill be uspc! indicate root
malting and other line blockage as well ds vertical sags frolll pipe settlement or dptE'rioration. It is
anticipated that approximately 30% to 40% of the total pipe runs bdSf'd 011 our knowltxlge of fit-Id
cond it ions.
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Reporti n~
The CONSULTANT will provide cJ summary of the findings in a report format. CONSULTANT will
recommend the most appropriate t~chn ical solutions to the CITY,
Identify the quantities and sources of 1/1
CONSULTANT' will review known and potential sources of infiltration and inflow. Based on
experience and engineering judgment, infiltration and inflow rates associated with these problems
will be estimated,
Prioritize the problems
CONSULTANT will prioritize the problems, rank them in order of severity, dnd make
recommendations for improvements 10 the CITY.
Estimate preliminary construction cost
Based on construction estimates, bid tabulations from similar type construction projects and Curn-'nt
material prices, CONSULTANT will determine preliminary opinion of probable cost for ('~ach outfall
improv(-'m(~nt as well as corrections to problems with-in the collection system.
CONSULTANT will prepare a Final Report that includes a description of the field work performed,
an analysis of the data collected, and recommendations for improvements to the sewer system. The
major sections of the reporl will include the following:
. Executive Summary
. Sewer Investigation
. Sewer Inspedion
. Analysis of the Findings
· Recommendations and Preliminary Opinion of Probdble Cost
. Merge Results to be Referenced to GIS Datd Files
. Design and Construction Schedules
CONSUL TANT will submit three (3) copies of the Drdft Report to the CITY for review and comment,
incorporate the CITY's comments in thp. Report, and submit five (5) copies of the Final Report to the
CITY,
Additional Services
Design and Construction Administration Services
CONSULTANT will provide design sl'rviCl's for recommended dnrl approved n"pdirs, and complete
construction documents for selected dr~>dS of rehabilitation. Construction documents and
specifications will be prepared in accordancE' with the City's stilnddrds,
17 OF 23
REVISION DATE: June 2006
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Construction and Rehabilitation
Contractor will perform the selected method of cOllstruction through in-hou~l' rl'sources or specialty
contrdctors dS deemed necessary. Each line spgment will be rl-'Pdired on a rriority cost/beneiit basis
dnd III n~ducti()n will be measured after Pdch repair. \Nhen till" rpductiof) gOdl hdS been met.. WE' will
provide the docurTwntdtion dnd proceed with the final report.
Final Report
CONSULTANT will assimjlclll~ the d;1ta and prepare d report outlining the total flow rpductions dne!
the construction c:osb.The report will chart thL' project cost dnd compare the co::,1 sdvings bdst'd 011
the repairs to provide the necessdry data to perform a cost/benefit ':lnalysis. The report will be
presented to thf> CITY to be lIsed in future phdSPS of this project for budget prepardlion,
18 OF 23
REVISION DATE June 2006
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ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY
under the terms of this Agreement.
The CONSU L T ANT 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 righllo reject payment of any invoice or part thereof if not properly
supported, or if the costs requested or d part thereof, as detf~rmined 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 d letter progress report describing thf' 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
itemizf'd description of th(~ 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 Ordf'r,
it agrees to pay the CONSULTANT for work completed, on the basis of the standard billing rates
shown in Attachment B to the Contract of those principals and employees engaged directly on the
work.
Overtime may be performed at the discretion of the CONSU LTANT, but the premium time portion of
the overtime will not he billed to the CITY unless the CONSULTANT has requested acceleration of
the scheduled work in writing.
Mapping/GIS
Field Investigation
Cleaning / CCTV
Reporting
$12,500 Lump Sum
$62,500 Lump Sum
$25,000 Estimated not to Exceed
$25,000 Lump Sum
Total
$125,000
19 OF 23
REVISION DATE June 2006
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ATTACHMENT C - LISTING OF KEY PERSONNEl
CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel
below, wi II not change or be reassigned without the written approval of the CITY. Those personnel
committed for this work are as follows:
William G. Wingate, III, PE
Principdl-in-Chdrge
G. Tim Lowder, PE
Quality Assurance/Control
Gordon Sm ith, PE
Client Coordinator
Jesse Taylor
Evaluation Project Manager
T om Estep
Field Technician
...
Jerry Mullen
Field Technician
T ate Horton, RLS
Survevur
Michael Cameron -
GIS
20 OF 23
REVISION DATE June 2006
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ATTACHMENT 0 - SCHEDULE FOR PERFORMANCE
;... Data assessment and field condition evaluations
,. Coordination meetings with client contacts to evaluate field inventory sequence and
procedures
;,.. Field inventory / monitoring / CCTV and GIS contacts
,. Coordination meeting with client contacts to discuss findings and expected recommendations
,. Report and recommendation phase
;... Final presentations and GIS datd uploads
21 OF 23
REVISION DATE: June 2006
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y CONSULTANT SERVICES
As J. part of this Agreement the CONSULTANT agrees to furnish the following checked items
(CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item),
Prior to Authorization To Proceed:
o 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.
o Cost Proposal that will include cost of basin services defined in our Proposal.
o _ Schedule for submittal of projf'ct services with client coordination benchmdrks.
Throughout project:
o Prepare printed responses to cornmenls received from the CITY following reviews.
AUGUSTA UTILITIES DEPARTMENT
CONSULTANT
BY:
BY:
PRINTED NAME:
PRINTED NAME:
TITLE: DIRECTOR
TilLE:
DATE:
DATE;
22 OF 23
REVISION DATE June 2006
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ADDITIONAL SERVICES:
1. Rf~visions to the project area to extend the limits of the project after this AGREEMENT has been
executed by the CITY.
2, Out-of-town meetings or conf(.~rences required of the CONSULTANT by the CITY.
:l. Other not described above, as approved by Ihe CITY.
NOTE:
It is the responsibi I ity of the CONSU L T AN'I as contracted by the CITY to provide professional
engineering services, It is expected that such professionals will ()perate in a manner which as surf'S
the interests of the common welfare, rather than in a mann<'~r which promotes their own financial
gain. It is expected that such professionals will act as a faithful agent for the CITY dS a client. It is the
duty of the CONSULTANT to protect the safety, health and welfare of the public in the performance
of their professional duties.
23 OF 23
REVISION DATE: June 2006
Fourth, Fifth, And Sixth Street Basin
Sewer Evaluation And III Removal
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Gravity_Mains
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1:600