HomeMy WebLinkAboutZEL ENGINEERS PHINIZY SWAMP CONSTRUCTED WETLANDS BANK REMEDIATION
ST ATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT:
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
ZEL ENGINEERS
/'
PROJECT: PHINIZY SWAMP CONSTRUCTED WETLANDS EARTHEN BANK
REMEDIA nON
DATE EXECUTED:
DATE COMPLETED:
1 OF 22
REVISION DATE: June 2006
ST ATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this _24th day of Tune ,2008 by and
between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the
"CITY" and Zimmerman, Evans, and Leopold a Corporation authorized to do business in
Georgia, hereinafter called the IlCONSULTANT.1l
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish,
professional services for:
Engineering Design for the Rapid Repair of the Wetland Berms at the TB Messerly Constructed
Wetlands (project description); and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to
provide the services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between the CITY and the CONSULT ANT that:
20F22
REVISION DATE: June 2006
GENERAL PROVISIONS
CONSULTANT 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.
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 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 CONSULTANT and CITY to be\
valid.
REDUCTION IN REQUIRED SERVICES
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If reductions in the required services are ordered by CITY, the credits shall be the amounts for such
services as described in subsequently executed Amendments to this Agreement, and no claim for
damages for anticipated profits shall accrue to the CONSULTANT.
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 22
REVISION DATE: June 2006
The time of completion shall be as described in the schedule attached hereto as Attachment D -
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 of the CONSULTANT
on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for
all work prior to termination of contract even if the CITY has obligated the funds to other projects.
PROJECT PROGRESS
CONSULT ANT'S services and compensation under this Agreement have been agreed to in
anticipation of the orderly and continuous progress of the Project through completion.
LITIGATION
Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support,
prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of
the CITY except in consideration of compensation. All such services required or requested of
CONSULT ANT 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 CONSULTANT each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its or
their successors, executors and assigns in respect to all covenants of this Agreement. Except as
above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in
this Agreement without prior written consent of the other party hereto.
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between CITY and CONSULTANT and
supersedes all prior negotiations, representations and agreements, either written or oral.
4 OF 22
REVISION DATE: June 2006
DEFINITIONS
Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall
have the following meanings:
Agreement Execution - means the date on which CONSULTANT executes and enters 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 under this Agreement.
CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia.
CONSULTANT - means the party or parties contracting directly with the CITY to perform 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.
Program Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison,
between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including
review of CONSULT ANTis plans and work.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity
having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to
provide a part of the Work called for by this Agreement.
Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted
by CONSULT ANT, effecting an addition, deletion or revision in the Work, or an adjustment in the
Agreement Price or the Contract Time, issued after execution of this Agreement.
Task Order - means a written order specifying a Scope of Services, time of completion and
compensation limit for services being provided by CONSULTANT. Task Orders shall be
incorporated by reference as part of the Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the
successful completion of the Project, assigned to or undertaken by CONSULT ANT under this
Agreement.
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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 22 REVISION DATE: June 2006
GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULT ANT and the
CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt
by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be
defined in the Notice To Proceed.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULT ANT under this
Agreement will be the level of care and that is ordinarily used by members of CONSULT 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 performed 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. The Program Manager may approve minor changes to the scope of services
that do not involve an increase compensation schedule.
4. PERSONNEL
The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any
contractual relationship with, the CITY. All of the services required hereunder will be performed
by the CONSULT ANT under its supervision, and all personnel engaged in the work shall be
qualified and shall be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSULT ANT under this agreement are indicated in a personnel listing attached hereto as
Attachment C - Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written
approval of the CITY or his designee.
The CONSULTANT shall employ only persons duly registered in the appropriate category in
responsible charge of supervision and design of the work. The CONSULTANT shall endorse all
reports, contract plans, and survey data. Such endorsements shall be made by a person duly
registered in the appropriate category by the Georgia State Board of Registration for Professional
Engineers and Land Surveyors, being in the full employ of the CONSULT ANT and responsible for
the work prescribed by this Agreement.
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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
CONSULTANT shall give immediate attention to these changes so there will be a minimum of
delay to others.
Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
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 CONSULT ANT
pursuant thereto shall become the property of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or
results and findings of the work conducted under this Agreement shall not be presented publicly or
published without prior approval in writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the
CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds
for termination of this Agreement without indemnity to the CONSULTANT, but should any such
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. TURISDICTION
The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT
with regard to its interpretation and performance, and any other claims related to this agreement.
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 22
REVISION DATE: June 2006
9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants,
agreements or stipulations of this Agreement, CONSULTANT will be given the opportunity to
commence correction of obligation within 5 days of written notice and diligently complete the
correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed,
or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause
for termination. The CITY shall thereupon have the right to terminate this Agreement by giving
written notice to the CONSULTANT of such termination, and specifying the effective date thereof,
at least five (5) days before the effective date of such termination. In such event, all finished or
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
CONSULTANT. 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
CONSULTANT 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 CONSULTANT
shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed
committee(s), and carefully fit its own work to such additional work as may be directed by the
CITY. The CONSULTANT shall not commit or permit any act which will interfere with the
performance of work by any other CONSULTANT or by CITY employees.
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 CONSULT ANT 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 22 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 CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in
force and effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program
Manager against liability or financial loss resulting from injuries occurring to persons or property
or occurring as a result of any negligent error, act, or 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 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 CONSULTANT'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 22 REVISION DATE: June 2006
15.1 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.
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 CONSULTANT shall not subcontract any part of the work covered by this Agreement or
permit subcontracted work to be further subcontracted without the CITYls 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 CONSULT 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 written
consent 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 CONSULT ANT will, in all solicitations or
advertisements for employees placed by qualified applicants, receive consideration for employment
without regard to race, creed, color, sex or national origin; (3) the CONSULT ANT 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 22
REVISION DATE: June 2006
CONSULT ANT shall notify the appropriate federal agencies of an employee who has a criminal
drug statute conviction for workplace violation.
CONSULTANT may require drug or alcohol testing of employees when contractually or legally
obligated, or when good business practices would dictate.
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 IlAnti-kickbacklllaws, 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
CONSULT ANT 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 CONSULT ANT shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project and used in support of its proposal and shall
make such material available at all reasonable times during the period of the Agreement, and for
three years from the date of final payment under the Agreement, for inspection by the CITY or any
reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The
CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it
may make with any subcontractor, assignee, or transferee.
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 22 REVISION DATE: June 2006
24. INDEPENDENT CONTRACTOR
The CONSULT ANT shall perform the services under this Agreement as an independent contractor
and nothing contained herein shall be construed to be inconsistent with this relationship or status.
Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or
any of its agents or employees to be the agent, employee, or representative of the CITY.
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage
prepaid. Notices shall be addressed as follows:
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30911
CONSULTANT: I
__ IV. -6/!.1 ("" L6i~
lf3 ~ ~ '- ;::.1/ f 12
A-U6 f/s-f.4- 0A- 30901
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 22
REVISION DATE: June 2006
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
CITY: ~
AUGVSJj\,_GEORG~ (CITY)
BY: lJL.::('1 t. ff --
PRINTED NAME: ]?AJ-:r;.i:> S. Cc:.r~H-~~
AS ITS: MAYOR
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,to
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
14 OF 22
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PRINTED NAME:
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DATE:
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 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 CONSULT ANTIS 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 CONSULTANT to submit progress reports andforplans
shall be cause to withhold payment to the CONSULT ANT 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.
CONSULT ANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
15 OF 22
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 CONSULTANT will notify all property owners or occupants of the intent to enter properties
for the purpose of accomplishing work in accordance with the practices of the CITY. The
CONSULT ANT shall discuss with and receive approval from the CITY prior to sending notices of
intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the
necessary documents identifying the 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 CONSULTANT'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 ANTis Services, or of any
defect in the work of CONSULT ANT or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities associated in any way
with the PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of CONSULTANT for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for
suits or claims between the parties to this AGREEMENT, will be reimbursed as additional
services.p
16 OF 22
REVISION DATE: June 2006
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
Provide an engineered design to rapidly repair the earthen berms at the JB Messerly Wastewater
Treatment Plant Constructed Wetlands (JBMWWTPCW) which are failing due to vegetation
removal and wind and wave activity. Upon completion of the design, the Engineer should
document the repair in a set of as-built record drawings.
DESIGN OBJECTIVES:
1. Design a method to stabilize the earthen berms in the constructed wetlands.
2. Provide assistance in the bid process to procure services related to the construction repair.
3. Document the repair in as-built/ record drawings.
17 OF 22
REVISION DATE: June 2006
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 umeasonably 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 CONSULTANT 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 22
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:
Jorge Jimenez, PE
19 OF 22
REVISION DATE: June 2006
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
There is no time frame attached to the contract, but it should proceed
expeditiously until concluded.
20 OF 22
REVISION DATE: June 2006
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT 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:
Authorization to Proceed is hereby Issued.
rior to submitting 30% review documents:
0' ~cate all existing reference drawings using available information collected by the
(l"V ~ONSUL T ANT. The CITY will furnish available information on water and sewer
locations however the CONSULTANT must verify to CITY'S satisfaction.
0'F'roVide 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 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)
Prepare printed responses to comments received from the CITY following reviews.
rovide the necessary plats for easement acquisition and DOT/other permit
. cation.
Prepare Public Works/DOT/Other permit applications for signature by the CITY.
repare and submit plans to EPD for review and approval when required.
Prepare plans and specifications, using Augusta Utilities Design Standards and
ifications (latest version). Specifications must mirror that provided by the CITY.
_ 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:
III &,coordIDate with the Oty Procurement Department to advertise the project.
21 OF 23 REVISION DATE: June 2006
Fax bid information to CITY.
Attend the Pre-Bid Meeting as a technical reference to the CITY.
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.
Provide clarification related to the plans/ specifications throughout design and
truction.
rovide record drawings at completion of the project electronically, per the Utilities
Standards and Specifications (latest version).
Pro-vide 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.
t.liff.~J A~btJ/~1
BY:
DATE:
DIRECTOR
t/Jd /I~
I I
TITLE:
22 OF 22
REVISION DATE: June 2006
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional surveying and engineering services. It
is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a
manner which promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a
client. It is the duty of the CONSULT ANT to protect the safety, health and welfare of the public in the performance of their
professional duties.
23 OF 23
REVISION DATE: June 2006
,Ct!
'Iuiu.......... 'm..staID"tili. "ties ~.,. ............~tmen.t:
, -,' ,,- -.-- ,--,
WeB Byne, PE. Asst Director
Engineering and Construction Division
360 Bay Street; Stilts 180
. Augusta., Georgia 30901
(706) 312-41,32 Fax (706) 312:.
> "4133.
. www~august8.ga,gov
TO:
Fred Russell, Administrator
FROM:
DATE:
Wes Byne, PE., Assistant Director
June 24, 2008
SUBJECT: Administrative Approval of Wetlands Berm Rep
Mr Russel
Approxirna 0 months ago, the Engineering division was notified t
earthen berms. at the' constructed. wetlands facility at Phinizy;:' P.':,
experiencing "substantial erosion and toe-s19 . ~e,_. '. A:'s isit .
conducted, and it was. 'determined.--that--- media~eering. arid."
construction fiX .was reqUired . rev'ent failure of the earthen'b":ths. 'Ihave'
contacted ZEL Engineers to' .. .. -e f~ctive repair
method, ahd they hav sponded With a proposal to perform the calCulCi.tions
and rec.9rd'the n engineering,drawings. I have reviewed.thei,r proposal,
and fQund the be. acceptable based on .the scope . orkrequired: .ZEL
Engineers eeng:tO.eer-of-record on the original we esign, so': they"
are most familiar With this project. If you concur, please si . form;below. <,
Thanks,
Clifford A. Goins, . Interim Director
All@rI'SaJ{:on, AssistantDirec~or 9f.W astewater Tr~l:l.~.:rnent
File: fa9ilitiescMesserly~Wet~ands: ' "
Date: b/;..r/o'it
I I
" ",Munic~lEllgineering;;,:,;,
Water Plants - Distr~ution Systems
WaStewater Plants -CollectKl11 SYstems
Ii!vestifl1tions C' Planning StUdies
,:,./Recreati>IIIIFacilities . "
WustriaI Parl<s - LaUd De\il:k>pmellt "
Industrial~ Medical- <:;offimirciaI Facilities
Civil": StrlX:lUlllI::' M~banicaJ
ieal"- Instrmnenlation
Joseph J. Tanke1'8hy, P. E.
J Jimenez, P. E.
: Drown, P. E.
Sta . GOrdon, P. E. ,
John R: Arm;tl'Ong. P. E., Retired
Ted W. Ellis, P. E., Retired
Founded 1946
~EII~7~~'~': EEFfS
Z ANS ANn LEOPOLD, INC.
627 -FAX (706)7'24-5789
5i';' t"' :"C
June 24, 2008
Mr. Wes Byne, P.E.
Assistant Director of Engineering, A un
Augusta-Richmond Co.
360 Bay Street, Suite 180
Augusta, GA 30901:. ,
, RE:
Proposalfor Engin~~rillgServices
Constructed,Wetlands Repairs.
Per your request, we are pleased to proVide you our propo~al (or professional engille~ring.r >":,'_
,.: serVices for the repairsrto the James B. Messerly tonstructe'dWetla~.ds. Our ~dt'irstandirig of
the General Scope is to 'provide the needed~design documents to repair the d~age re~\llting from
the failure of the ground cover, muskrat~urrowing, and wave action in the poolarea(qfCeUs '
No.1, 2, 3, and 5. 'The repairs will disturb a considerable , amount of ground cover. A'SE&SC '
des~gn will be required.')fopefuUy a buffer variance will not be requir~d (alth the plant
water is connected to State waters. ' ;.
We anticipate the requi
required for that ,as well r
' , .;. . /,,'> .
We have prepared a conceptUal construction cost opinion to ena ~e yout
financial impact.- The Engineering ~osts:we propose amount:!.
, begin this work immedilltelyon your-notice' to pr - d:; If
please let us know. '
, ,
IMI\1ERMAN, EVANS 'ANI) LEOPOLD, Inc.
- <,;"--
.
ZEL Engin~ers, Inc. . ,
J B Messerly Constructed Wetlands, Repairs
6/24/2008 "
Hrs
8
32
40
60
3
12
8
17
20.
32
11
8
251 .
Engineering Services
Project Management, meetings with client
D repair . . ... . .' .' ............
fix for Distribution Channel failures
Prepare 3 Phase SoiL EroSion and Sediment Control Plans
Prepare NOI "
Develop Contract Documents
Identify.,so\.irce of borrow fill
Prepare g;&SCfor borrow and disposal Area!?
Assist.anceduri.qgprOcurement
Assistance during)Construction'
Record D~9vvings
Cclose out activities
Total
Quantity
2,420
1,740'.
1,860
1,680
7,700. '
19,963
7,700
4,263
3,553
1,000
--
Cost
$920.
$2,240
$2,696 .
$3,572
$229
$900
$680
$1;10.3
$1,836
$2,048
$669
$568
, " Units
LF'
LF.
LF
LF
u=
SY
XF
LF
SY
..LF
6/26/08sh
ttugusta,IJtili.ties.~artm.ent
Clifford A. Goin.s.lnterim Director
W~ Byne, FE. ABst. Director .. ,
" -~:v'l:"-"'
Engin.eer1ng and constructI(lnDivision
360 Bay Street, Suite'180
Augusta, Georgia: 30901
(706) 312-4132 312. .
,. 33
.gov
TO:
Fred. RliSse1.l,Administrator
WesByrie, P.E., Assistant Director
FROM:
DATE:
June 24, 2008
SUBJECT: Administrative Approval of Wetlands Berm Repair
Mr Russell,
Approximately two' months ago, the Engineering division was notified't
earthen berms at the constructed wetland.s;facility atPhinizy Sw .
experiencing substantial erosion. and toe~pe":'..failu:ce,. : A si
conducted, and it was determined-....-t'hat. an immedia~:ngj,neer
construction fix was required te-prevent failu.re'of'the earthenb~rns,
:' contacted ZEL Engirieers to ~k-!GIL.1li.tm. inp tlt on tho most cusr;:errecti epall' "
method, and they have 'responded' with a proposal to perform ,the calcUlations "
andrecord.the.work on 'engineering dr.awin.gs. I have reviewed,their pro asal,
and f 'the fee' to be acceptabfe' based on the scope of work .require
Engin was the engineer-of-record on the original wetla:r1ds,' design., .
are m amiliar with this project. If you concur, please sign the'f6rmh
cc: Cliff a. A. Goins,. Interim Dir~ct'or
AHe axon, Assistant Director of Wastewater Treatment
File: facilities-Messer ly- Wet1a.:o.ds
APPr.ovedj}Y'~(::~ Date
1:..'
~jJ..S-/()'l '
I ' I
Joseph J, Tankersley, P. E.
Jorge E. J imc!nez, P. E.
Cbarks D. DrOWn, P,E.
SlaceyW.G<>rdon, P. E.
John R. AttmfrOng. p, E., Retired
Ted W, Ell.., P. E., Retired
BE
.
/.a
.,.
ZI
>E NGI N EERS
.A.NS>~]:.,)j:OPOLD, INC.
627- FAX (70ar724-5789'
'<Mun~1>al El'ghx.;"ring
WaterPhi\ts"'DistrhutionS)Ili~1i\o; ,
WastewaterP~nts .;; Collecton Systems
. Irivestigatons ~ Planning Studies
',RecreatomJ Facilities ,',' ,"
.' IoouStrialPBIks_ LaUd Devclopmerit
Industrial:" Mcdi:al- COlIl111eI'CilJ Facilities
Civil';; Stroot ural '" MechllnicaJ
Electrical"': Instrumentation
>-.'.
Founded] 946
June 24, 2008
Mr. Wes Byne, P,E.
Assistant Director of Engineering, A UD
Augusta-Richmond Co.
360 Bay Street, Suite 180
Augusta, GA 30901
ZEL Engineers, Inc.
J B Messerly Constructed Wetlands. Repairs
6/24/2008
Engineering Services
Project Management, meetings with client
repair ..
fix for Distributi9~ Channel failures
e 3 Phase Soil Erosion and Sediment Control Plans
eNOl
Devel ontract Documents
Id e of borrow fill
P C for borrow and disposal Areas
Assistan uring procurement
Assistan uring Construction
Record Dings
Cclose out ities
Hrs
8
32
40
60
3
12
8
,17
20
32
11
8
251
Total
Preliminary Conceptual Opinion of Construction Costs
Cell No 1 . .
Cell No 2
Cell No 3
Cell No 5
Sub Total
Area, Acres (70' xL /27) Remove and Replace
SE&SCmeasures @ cells .
Distribution channel, surface repair
Install Geofabric;. .' '. .
SE&SC tv1eas~res @ pit
Quantity
'",2.420
1.;740-
"1,860
1,680.
7,700'
19,963
~ 7,700 .
4,263
3,553
1,000
Cost
$920
$2.240 .
$2,696. .
$3.972
$229;
.$900
$680
$1,103
$1;836
$2,048 .
$669.
. $568..
Units ...
LF'
...LF
LF
LF
LF
SY
LF
LF
SY
LF
$ 15.00r $
$ ..... 3.50 $
$7.50; $
$ 5.00 $
$ 1 3.50.. $
$
. 299,444
26,950
31;973
17,763A
3,500
. 37,9,629