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HomeMy WebLinkAboutWILLIAMS RUSSELL JOHNSON GORDON HWY 30 INCH WATER MAIN EXT .. "1' "'. J STATE OF GEORGIA RICHMOND COUNTY CONSULTANT: PROJECT: DATE EXECUTED: DATE COMPLETED: MAlOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (OTY) AND CONSULTANT Williams-Russell and Johnson, Inc. Gordon Highway - 30 inch water main extension ~ 1 OF 23 REVISION DATE: June 2006 , ~ STATE OF GEORGIA RICHMOND COUNTY MAlOR PROmCTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this _ 2JJ~ day of June .2006 by and between AUGUST A, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and Williams-Russell and Johnson, Inc. a Corporation authorized to do business in Georgia, hereinafter called the "CONSULT ANT. II WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: Gordon Highway - 30 inch water main extension (project description); and, c,.... WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that 2 OF 23 REVISION DATE: June 2()()6 GENERAL PROVISIONS CONSULT ANT has agreed, in this Agreement with CITY to procure the services of licensed design professionals, to provide the engineering services required to provide professional engineering and design services for the Project in accordance with the requirements as outlined in and attached as Attachment A - Scope of Services and other relevant data defining the Project. CONSULT ANT COORDINATION The CONSULT ANT shall cooperate fully with all municipalities, local government officials, utility companies, and other consultants as directed by the CITY. CITY, CONSULTANT and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONSULT ANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONSULT ANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. TIME OF COMPLETION 3 OF 23 REVISION DATE: June 2006 . CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the" Agreement"). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement - Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders 6 OF 23 REVISION DATE: June 2006 ~ 5. ACCURACY OF WORK The CONSULT ANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONSULT ANT shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULT ANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULT ANT, but should any such information be released by the CITY or by the CONSULT ANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 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.G.A. S 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. rURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULT ANT with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 8 OF 23 REVISION DATE: June 2006 ~ 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONSULT ANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULT ANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULT ANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONSULT ANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULT ANTS CONSULT ANT shall thoroughly research all utility records to identify the existing facilities on 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 CONSULT ANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULT ANT or by CITY employees. 12. COVENANT AGAINST CONTINGENT FEES The CONSULT ANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY 9 OF 23 REVISION DATE: June 2006 The CONSULT ANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE The CONSULT ANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program Manager against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULT ANT in performance of the work during the term of this Agreement. The CONSULT ANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement 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. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than One Million ($1,000,000) Dollars on account of anyone occurrence. C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. 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 CONSULT ANT's liabilities hereunder in insurance 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, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 15. PROHIBITED INTERESTS 10 OF 23 REVISION DATE: June 2006 15.1 Conflict of Interest: The CONSULTANT a2:rees that it mesentlv has no interest and shall v . J 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. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULT ANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. The CITY will not approve any subcontractor for work covered by this Agreement that has not been recommended for approval by the Program Manager. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULTANT 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 written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULT ANT 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 CONSULT ANT 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. 11 OF 23 REVISION DATE: June 2006 CONSULTANT shall notify the appropriate federal agencies of an employee who has a criroinal drug statute conviction for workplace violation. CONSULT ANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 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, and 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 matters 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 CONSULT ANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP. 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, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT's knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 12 OF 23 REVISION DATE: June 2006 (j) 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 CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 25. NOTICES Ail notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CI1Y: ADMINISTRATOR AUGUSTA, GEORGIA 530 Greene Street Augusta, GA 30911 CONSULTANT: Williams-Russell and Johnson, Inc. 771 Spring Street, NW Atlanta, Georgia 30308 0/0 Ck,..-/~s 7h-o,-...,,w Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 PROGRAM MANAGER: AUGUSTA PROGRAM MANAGER CH2M HILL, INC. 360 Bay Street, Suite 100 Augusta, GA 30901 13 OF 23 REVISION DATE: June 2006 ~ IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: CONSULTANT: AUG& GEORGIA (CITY) BY: ~vf. 7 1t PRINTED NAME: ])-1 v~ .P <;ft51 AS ITS: MA YOK Williams-Russell and Johnson, Inc. BY: (!/~ f' ~ S. Cu'~tiI-1J6~PRINTEDNAME: Charles E. Thomas, P.E. AS ITS:: Vice President Ams~_ ~ . VdlIJV PRINTED NAME:icA'1I (5 JJ ~ .yJ/8"j/j AS ITS: rp,k of CommUs/on OATH: ,lq)(J!J 6 ArrEST: Pm:ff!!fl:: 7k/4L:'::'- I . AS ITS:: ~GN ~e;e. ~'- 3o~ or;, DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 14 OF 23 REVISION DATE: June 2006 .. . CONSULTANT'S RESPONSIBILITIES CONSULTANT, in order to determine the requirements of the Project, shall review the information in Attachment A - Scope of Services. CONSULT ANT shall review its understanding of the Project requirements with Program Manager and shall advise CITY of additional data or services which are not a part of CONSULTANT's services, if any, necessary for design to begin. PROTECT UNDERSTANDING Upon request from the CONSULT ANT, CITY may provide all criteria and full information as to CITY's and CONSULT ANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing 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 association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULT ANT to submit progress reports and/ or plans shall be cause to withhold payment to the 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 Condition 14 - Insurance. 15 OF 23 REVISION DATE: June 2006 .. CITY'S RESPONSIBILITES 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, and completeness of the information provided by CITY. RIGHT TO ENTER The CONSULT ANT will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The 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 CONSULT ANT as being in the employ CITY for the purpose described in the 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 and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULT ANT's services or PROJECT construction. . 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 CONSULT ANT whenever CITY observes or becomes aware of any development that affects the scope or timing of CONSULT ANT's Services, or of any defect in the work of CONSULT ANT or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULT ANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional serVIces. 16 OF 23 REVISION DATE: June 2006 r ~ ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPrION: The overall scopes of services is to provide public water service consisting of the design of approximately 7,000 feet of 30 inch water main along Gordon Highway in Augusta, Georgia that will extend the distribution system from Milledgeville Road to the existing 18-inch water main feeding Fort Gordon. The design is to include all surveying and geotechnical services to locate the best route for the water main. The design will include provi- sion for one tap to provide service to customers on the opposite side of Gordon Road. Particular care will be given to ensure coordination with existing and future tie-ins. Any easements required to route the line will be provided. All disturbed property will be stored and or replaced. This includes mailboxes, shrubbery, utilities, driveways, roadways and parking facilities. DESIGN OBJECfIVES: The objective of this project is to effectively coordinate the several water main extension projects occurring along Gordon Highway with each as well and to ensure these extensions are also properly coordinated with existing services. Every existing water customer along Gordon Road will be accounted for in the design. After approval of the project schedule and cost proposal, the project will be delivered to include four major milestones. 1. 30 % Design Review Submittal. The design team will locate all existing utilities and provide necessary surveying and mapping for route location. Background information on the site will be provided to include soil types and boring results, past and present land use, wetland area description, properties affected, identification of potential problems, easements required, and a site plan. When the 30 % Design Review is com- pleted, the water main route should be firm and the route should be finalized. Responses to comments received from the city will be addressed. Any permits (DOT/Public Works/Others) required will be identified. Easements will be obtained. A preliminary estimate of probable construction cost will be submitted. The engineer will distribute 8 sets of plans for review. 2. 60% Design Review Submittal. The design team will present more detailed plans at this stage. Plans and profiles will be included. Draft project specifications will also be presented at this review. Details relative to pipeline appurtenances will begin to appear within the drawing set, such as air release valves, joint restraint details if required, ect. Responses to comments received from the city will be addressed. Any permits issues (DOT/Public Works/Others) required will continue to be addressed. Easement acquisition will continue. A more refined estimate of probable con- struction cost will be submitted. Typically, this submittal will provide existing topographic information bench marks, PK nail monuments with eleva- tions. The drawings will also: Show contours data on separate layer Provide property line around all parcels with coordinates & bearings Make sure that existing parcels are drawn to scale & provide existing coordinates for each lot Identify all utilities (storm, gas, cable, and sewer) within the project (roads & shoulders) & provide elevations (grade and inverts) Give descriptions of existing driveway I.e. dirt, marble or stone driveway Show trees within at least 5' of shoulder of roads on both sides and give proper descriptions I.e. 30" oak! magnolia tree Identify aerial structures I.e. lamp posts, dock strips, etc. Deliverables: Hard & electronic copies of complete survey on a CD with electronic copies being in Autocad format. The engineer will distribute 10 sets of plans for review. 3. 90 % Design Review Submittal. The design team will submit detailed plans and specifications incorporating owner comments to date. Con- nections issues at project tie-in point will have been resolved and any adjustments to the horizontal or vertical alignment of the water main are now final. The design will have incorporated all easement issues. Construction cost estimates are becoming firm. The engineer will distribute 6 sets of plans for review. 4.100% Design Review Submittal. Plans and specifications will have incorporated all permit agency comments, EPD comments, owner comments and any unresolved project issues. The engineer will distribute 8 sets of plans for review. The engineer will distribute 9 sets of plans and 3 sets of specifications for review. Services during Bidding The design team will coordinate with the city purchasing department to advertise the project. The engineer will be expected to attend a pre bid meeting and review bids collected during the bidding process. The design engineer will prepare a letter of recommendation for award of the contract, and attain and forward signed contract documents to the city. The engineer will distribute 4 sets of the executed contract to the city. Services during Construction The engineer will conduct a pre-construction meeting with the contractor and will provide clarifications to the plans and specifications. Other services provided during construction include: Attend Progress meetings Provide record drawings Provide 3 site visits during construction Review and approve pay requests Provide answers to requests for information during construction. Recommend design changes as field conflicts arise. Walk through for NPDES permit. HYDRAULIC ANALYSIS (WaterCADD or other equivalent Water Modeling Software We have assumed that none is required. The client has already determined these details through it's modeling efforts. 17 OF 23 REVISION DATE: June 2()()6 r 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 CONSULT 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 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 CONSULT ANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. 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 CONSULT ANT to proceed with the work authorized in a Task Order, 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. 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 not-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 expenses, 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 CONSULT ANT has requested acceleration of the scheduled work in writing. 18 OF 23 REVISION DATE: June 2006 c .' ~ ATI'ACHMENT 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: Charles Thomas, P.E. Project Manager 404-853-6806 Cedric McKitt Design Engineer 404-853-6867 Bhushan Sawhney QAlQC 404-853-6912 Robert Williamson Geotechnical Services 706-855-2060 Robert Herrington Surveying 706-863-348. Clerical 404-853-6830 19 OF 23 REVISION DATE: June 2006 (' 4 . ~. ATTACHMENT D - SCHEDULE FOR PERFORMANCE Pro'ect Kickoff Meetin 27-Mar-06 Final Scope Definition Meeting I Submit Engineering Cost Estimate A ril13,2006 Design Contract Award - NTP 26-Jun-06 Begin Field Survey - Mapping 10-Jul-06 Com lete Survey and Geotech 24-Aug-06 Begin Preparation of Easement Plats 11-Sep-06 30 % Prelimina Design Concept & Final Routing 25-Sep-06 60 % Desi n Submittal 23-0ct-06 95 % Design Submittal 20-Nov-06 Submit Final Plans & Specs. 20-Dec-06 Prepare Bid Packages I Solicit Bids 18-Feb-07 Evaluate Bids 19-May-07 Award Construction Contract 18-Jun-07 Be in Construction 18-Jul-07 Com lete Construction 14-Jan-08 20 Of 23 REVISION DATE: Jooe 2006 .. _l . CONSULTANT SERVICES As a part of this Agreement the CONSULT ANT agrees to furnish the following checked items (CONSULT ANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization To Proceed: o ~ 1 Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with Cost Proposal clearly defining the CONSULT ANT'S understanding of the project limits, design objectives and CONSULTANT'S services to be provided. o C ( Cost Proposal that will include cost of surveying, design, preparation of construction plans and specifications, and other services requested in the CITY's Request for Proposal. o C, Schedule for submittal of review documents at 30%,60%, and 90% completion; and final documents. Prior to submitting 301'l'o review documents: o <3, Locate all existing utilities using available information collected by the CONSULT ANT. The CITY will furnish available information on water and sewer locations however the CONSULT ANT must verify to CITY'S satisfaction. o ~ Provide CITY with information on the project site(s), including the following: · Past and present use of the land (specifically identify any landfilling activities in the area); identify any nearby designated wetlands · Soil type(s) · Boring results when required by CONSULT ANT 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. o ~ Site Plan (If Required) Throughout project: 0" ~ Prepare printed responses to comments received from the CITY following reviews. 0" c-r Provide the necessary plats for easement acquisition and DOT/other permit application. 0" e."( Prepare Public Works/DOT/Other permit applications for signature by the CITY. 0" (! '( Prepare and submit plans to EPD for review and approval when required. 0" Q {" Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY. 21 OF 23 REVISION DATE: June 2006 " .l . @ o C \ 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: o (! ( Coordinate with the City Procurement Deparbnent to advertise the project. o C'T Fax bid information to CITY. o (""\ Attend the Pre-Bid Meeting as a technical reference to the CITY. o B- Prepare letter of recommendation for award of the contract. o C ( Develop conformed contract documents and forward to the CITY for execution. o ~ Attend the pre-construction meeting as a technical reference to the CITY. o ~ Provide clarification related to the plans/ specifications throughout design and construction. o Q. T Provide record drawings at completion of the project electronically, per the Utilities Design Standards and Specifications (latest version). o c-r Provide Services During Construction as follows: · Attend project meetings as scheduled by the CITY · Recommend design changes as field conflicts arise (site visits may be required) · Review and approval of pay requests from the construction Contractor (line of communication will be construction contractor to resident observer to CONSULT ANT to CITY) · Provide clarification of plans and specifications throughout construction · Revise/ update plans and/ or easement plats as changes occur that require resubmittal to DOT/other agencies. BY: CONSULTANT ~ BY: ~~/2 - PRINTED NAME: PRINTED NAME: Charles E. Thomas TillE: Vice President TITLE: DIRECI'OR DATE: 1/5j2C6to , DATE: June 26, 2006 PROGRAM MANAGER ~ BY::t..~ oJ- PRINTED NAME: Lcu...)fen~ ~. See t::l :: P~;r;~arY!jeS 22 OF 23 REVISION DATE: June 2()()6 (" ,.:.." . ADDITIONAL SERVICES: 1. Revisions to the plans/ contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONSULT ANT (Le., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. 4. Other not described above, as approved by the CITY. NOTE: It is the responsibili ty of the CONSULT ANT as contracted by the CITY to provide professional surveying and engineering services. It is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a manner which promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a client. It is the duty of the 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