HomeMy WebLinkAboutZIMMERMAN EVANS LEOPOLD INC BROWN RD AREA SEWER AGREEMENT
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STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULT ANT:
Zimmerman, Evans and Leopold, Ine.
PROJECT:
Brown Rd. Area Sewer
DATE EXECUTED:
DATE COMPLETED:
WI'
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REVISION DATE: June 2006
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STATE OF GEORGIA
RICHMOND COUNTY
MATOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this day of , ~ by
and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called
the "CITY" and _Zimmerman, Evans and Leopold, Inc. a Corporation authorized to do business in
Georgia, hereinafter called the "CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish
professional services for:
Brown Rd. Area Sewer (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 CONSULTANT that:
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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. CONSULT ANT 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
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
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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 ANTIS 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 CONSULT ANT each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its or
their successors, executors and assigns in respect to all covenants of this Agreement. Except as
above, neither CITY nor the CONSULT ANT 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.
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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 CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT 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 CONSULTANT, 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 CONSULTANT under this
Agreement.
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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 CONSULTANT 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 CONSULT ANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any
contractual relationship with, the CITY. All of the services required hereunder will be performed
by the CONSULT ANT under its supervision, and all personnel engaged in the work shall be
qualified and shall be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as
Attachment C - Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the CONSULT ANT's Key Personnel without the prior written
approval of the CITY or his designee.
The CONSULT ANT shall employ only persons duly registered in the appropriate category in
responsible charge of supervision and design of the work. The CONSULT ANT shall endorse all
reports, contract plans, and survey data. Such endorsements shall be made by a person duly
registered in the appropriate category by the Georgia State Board of Registration for Professional
Engineers and Land Surveyors, being in the full employ of the CONSULT ANT and responsible for
the work prescribed by this Agreement.
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5. ACCURACY OF WORK
The CONSULT ANT shall be responsible for the accuracy of the work and shall promptly correct
errors and omissions in its plans and specifications without additional compensation. The
CONSULTANT shall give immediate attention to these changes so there will be a minimum of
delay to others.
Acceptance of the work by the CITY will not relieve the CONSULT ANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
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 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 CONSULT ANT arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically
consents to jurisdiction and venue in Richmond County and waives any right to contest the
jurisdiction and venue in the Superior Court of Richmond County, Georgia.
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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 CONSULT ANT 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
CONSULT ANT 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
CONSULTANTS
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 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 CONSULT ANT 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 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 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
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The CONSULTANT shall be responsible for any and all damages to properties or persons caused
by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents
and employees from all suits, claims, actions or damages of any nature whatsoever to the extent
found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent
performance or non-performance of work under this Agreement. These indemnities shall not be
limited by reason of the listing of any insurance coverage.
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
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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 CONSULT ANT shall not employ any person or
persons in the employ of the CITY for any work required by the terms of the Agreement,
without the written permission of the CITY except as may otherwise be provided for herein.
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 CITY1s 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 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.
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REVISION DATE: June 2006
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CONSULTANT 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 "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
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
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
CONSULT ANT to any additional payment whatsoever under the terms for this Agreement. All
changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.
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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
CONSULT ANT:
Zimmerman, Evans and Leopold, Inc.
435 Telfair Street
Augusta, Ga. 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
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REVISION DATE: June 2006
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
CITY:
AUGUST A, GEORGIA (CITY)
BY cY~L{r
~ PRINTED NAME: 'P14~ P S
AS ITS: MAYOR
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Copy To:
DIRECTOR
AUGUST A UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
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CONSULT ANT:
BY:
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PRINTED NAME:C. D. Drown, P. E.
AS ITS:: Secretary
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REVISION DATE: June 2006
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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 CONSULT ANT'S requirements for this part of the project, including design objectives
and constraints, space, capacity and performance requirements, flexibility and expendability, and
any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports,
surveys, and other materials that may be relied upon in performing CONSULT ANT'S services.
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 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.
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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
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 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 CONSULTANT'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.
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ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION: Brown Rd Area Sewer
DESIGN OBJECTIVES: To construct a gravity sanitary sewer to serve a new school at Brown
Rd. and McElmurray Rd.
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ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULT ANT 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 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 CONSULTANT to the
point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by
such invoice. The CITY shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may inhibit
execution of the work. The CONSULT ANT shall also submit an accurate updated schedule, and
an itemized description of the percentage of total work completed for each phase during the
billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task
Order, it agrees to pay the CONSULT ANT for work completed, on the basis of the standard
billing rates shown in Attachment B to the Contract of those principals and employees engaged
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 CONSULT ANT, 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
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:
Michael Webb
Jorge Jimenez, P. E.
19 OF 23
REVISION DATE: June 2006
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
From Notice to Proceed:
30 days to 300/0 submittal
60 days to 600/0 submittal
90 Days to 900/0 submittal
100 days to 1000/0 submittal
20 OF 23
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).
o
lzation To Proceed:
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
JimIts, design objectives and CONSULT ANT'S services to be provided.
/ Cost Proposal that will include cost of surveying, design, preparation of construction
plans and specifications, and other services requested in the CITY's Request for
ProposaL
/'
Schedule for submittal of review documents at 30%,60%, and 90% completion; and
final documents.
Prior to submitting 30% review documents:
Locate all existing utilities using available information collected by the CONSULTANT.
The CITY will furnish available information on water and sewer locations however the
CONSULTANT must verify to CITY'S satisfaction.
rovide CITY with information on the project site(s), including the following:
X. 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.
0. Site Plan (If Required)
T 0 houtproject:
o Prepare printed responses to comments received from the CITY following reviews.
o Provide the necessary plats for easement acquisition and DOT/other permit
ication.
o Prepare Public Works/DOT/Other permit applications for signature by the CITY.
o 'prepare and submit plans to EPD for review and approval when required.
o Prepare plans and specifications, using Augusta Utilities Design Standards and
ifications (latest version). Specifications must mirror that provided by the CITY.
21 OF 23 REVISION DATE: June 2006
o repare construction cost estimates at each review stage, 30%, 60%, 90%, and with the
I . ttal of Final documents. Provide cost breakdown for any items to be lump sum in the
n truction contract.
Upon completion of design:
ordinate with the City Procurement Department to advertise the project.
Fax bid information to CITY.
~end the Pre-Bid Meeting as a technical reference to the CITY.
Pr are letter of recommendation for award of the contract.
Develop conformed contract documents and forward to the CITY for execution.
~ttend the pre-construction meeting as a technical reference to the CITY.
Provide clarification related to the plans/ specifications throughout design and
uction.
/
Provide record drawings at completion of the project electronically, per the Utilities
n Standards and Specifications (latest version).
--------- .
rovide Services During Construction as follows:
Attend project meetings as scheduled by the CITY
· Recommend design changes as field conflicts arise (site visits may be required)
· Review and approval of pay requests from the construction Contractor (line of
communication will be construction contractor to resident observer to
CONSULTANT to CITY)
· Provide clarification of plans and specifications throughout construction
· Revise/update plans and/ or easement plats as changes occur that require
resubmittal to DOT/other agencies.
AUGUST A UTILITIES DEPARTMENT
'l/tJIlr~k
PRINTED NAME: 1'1. tV! A I.. # I CJt.-.s
CONSULTANT
BY:
BY:Zimmerman, Evans and Leopold, Inc.
PRINTED NAME: Jorge E. Jimenez, P. E.
TITLE: DIRECTOR
nlto lOt
I ,
BY:
ER
V DATE:
A'l~J-
DATE:
: =s: ~ '";LJ A-P"'--
TITLE: ?7,4 6 y!' 67, ~r /6U-
DATE: //~7 //0 7
22 OF 23 REVISION DATE: June 2006
-
..
"
"
Josepb J. Tankersley, P.E.
Jorge E. Jimenez, P.E.
Charles O. Drown. P.E.
John R. Evans, P.E.
John R. Armstrong, P.E., Retired
Ted W. Ellis, P.E.. Retired
Municipal Engineering
Water Planl$ - Distribution Systems
WasteWater Plants - Collection Systems
Investigations. Planning Studies
Recreational Facilities
Industrial Parts -land Development
Industrial- Medical- Commcn:ial Facilities
Civil - Sb'uc:tural - Mechanical
Electrical. Instrumentation
Founded 1946
2E lji35 Telfair Street
-rii Augusta, Georgia 30901-2494
ENGINEERS
ZIMMERMAN, EVANS AND LEOPOLD, INC.
(706) 724-5627. FAX (706) 724-5789
June 4, 2007
Mr. N. Max Hicks, P.E., Director
Augusta-Richmond Co. Utilities Dept.
360 Bay Street, Suite 180
Augusta, GA 30901
RE: Brown Rd Area Sewer
Professional Services Proposal
Dear Mr. Hicks:
We are pleased to offer this proposal for professional services for the referenced project as
requested by the Mr. Byne. The attached Professional Services Worksheet presents our estimates
of manpower requirements and the costs of services, including:
· All regulatory issues (SE&SC 3-phase, NPDES, NOI)
· All surveying design, and easements, and plats
· Preliminary engineering and letter report
· Design services for one (1) construction contract
· Bid assistance
· Engineering services during construction, including:
o Shop drawing review
o Conflict resolution
o Closure Documents and Record Drawings
o Certification
· All reimbursable expenses.
We propose to render the nonnal services listed for a lump sum fee of $28,600. If you have any
questions in this regard, please let us know.
Yours truly,
ZIMMERMAN, EVANS AND LEOPOLD, INC.
uZ
....--
,(
Jorge E. Jimenez, P. E.
Principal
JEJ :st
cc: Mr. Wes Byne, P. E., Assistant Director AUD, Engineering
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(TUE)OCT 23 2007 18:31/5T.18:271Ho. 7500000873'P "
ACt>>iI:i ' CERTIFICATE OF LIABILITY INSURAN\,;t: I 10/zf/lOO7 v
PItODUCllR (706)160-&717 FAX (706)860-0Z74 nitS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
A H S . Associates tnc ONLY AND COfIFERS NO RIGHTS UPON THE CERl'IFICATE
. . . .' HOLDER. THIS CERTIFICATE DOes NOT AMEND. EXTEND OR
2924 ProfeSsional Parkway ALTER mE COveRAGE AfFORDED BY mE POLICIES.AiLOW.
P.o. Box 15637
Augusta, GA 10917-1617
INtURP Zi_"'" Evans Leopc)ItI. Inc.
4JS Telfair St.
Augusta. GA J0901-2494
FROM
INSUREM AFFORDING COVERAGE
lNSURERA: Allied Insurance eo.any
INSURERB: FfVA Mutual Insurance Co
INSuRER c: CNA
IN$UREA D:
IN8URl!I'1t:
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25146
THE POllen,S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIE INSURED twotEO ABOVE FOR THE POliCY f'eM1OO INO~TED. NO'tW\THSTANDING
/UIY REClUlREMENT, TERM OR CONDITION OF Nf'( coNTRACT OR OTHER DOCUMENT WITH ReSPECT TO WHICH THIS CERTIFI~E MAY 8E ISSUED OR
MAY peRTAIN. THE INSUAANCE AFFORDED BY THE POlICIES DESCRIBED HiRElN IS SUBJecT TO ALL THE TERMS. exCLUSIONS ANO CONDlTlONS O~ SUCH
~. AGGREGATE UMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS. .
~ n.eOFlNSUJIMCe POUCYNUIIIIU ~ POUCV TION l.JMI1S
~uM1UTY ACPBPOC7102607Z70 OJ/31/2oo7 OJ/U/2GOI EACHOCCURRENCE. $
X CONMERCIAl. 0ENf1W. LIA8lU1Y OAW.QETO REtrn;O $
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~ PERSOf/AL&ADV1HJURY $
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,~oz:n'='fIlIIIS ,v&lflCl.U' eaa.USlONSADDEDlJYlENIlORSEIIIlft'anew. JltUMSIOHI
City of Augusta
Augusta Richmond Count.y utility Dept.
AUd: N IlIax Hicks
JGO Say 5t.
SuUe 110
Augusta, CiA 30901
SHOULD ANY OF 1ME MKlYe DUCAJIIEO POUl1U II!! CA.NCeu.EO IIEFOU Tt4S
EJIPItATION DATI! lllElU!Of'. THE JSIUING INSURER WIl,1. ENDEAVOR "TO ItAIL
-1!!..1lAl'SWJUT'l'EN NCmCE TO THI! CEA1lFlCA1~~ NAMEO YO TMI: LEFT.
81IT fAll.URE TO un. SUCH NOIlCE llHA\.L IIIPOII! wo O8I.lGo\TlON Olt LIA8ILIfY
OF ANY lQNl) UPON THEIIISIlIU!lt. m llGElIlTS OR Il8JlIWl1;NTATlVES-
AUTltOI\lUD IlEPltESEJl1AT\III
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CACORD CORPORATION 1988
ACORD 25 (2OD1108)
FROM. ,.. '..:
to
,-
(TUE)OCT 23 2007 18:31/ST. 18:27/No.75000008~~, 2.
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IMPORTANT
, '.
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If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed, A statemel1t'
on this certificate does not confer rights to the centflcale holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, sUbject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does nol confer rights to the certificate
holder in lieu of such endon;ement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer. and the certificate holder. nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the poUcies listed thereon.
.,o'
ACORD 25(2001108)
/