HomeMy WebLinkAboutAlexander Drive Water Main Improvement
Augusta Richmond GA
DOCUMENT NAME: ft\ e.-'/... o..nd-tr' '01(\ 'Ve vJo..:t-€.X" ~~\ n
Tm ~'t()\J e..,{Y\ ey\ +s
DOcUMENTTYFE: C\. g(e..e yY\e..~+
YEAR:
?--oo \
BOX NUMBER:
)~
FILE NUMBER:
}5;)13
NUMBER OF PAGES: 15
, "
.-/
I ') . l
~
((~
~
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT:
Cranston, Robelison & Whitehurst, P.C.
PROJECT:
Alexander Drive Water Main Improvements
DA TE EXECUTED:
DATE COMPLETED: March 1,2001
~ r:~8~_-":~<]Z;m
L1 MAR 0 2 2001 DJ
8 Y. ..__...._~__.
.........---.
1 of 22
REVISION DATE: FEBRUARY 5,2001
I I
.. i
i'
cC&~
,,~
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this pI day of March , 2001 by and between
AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and Cranston,
Robertson & Whitehurst, P.C. , a Corporation authorized to do business in Georgia, hereinafter called the
"CONSUL TANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services
for:
The design of a 16 Inch Water Main Extension from River Watch Parkway South on Alexander Drive approximatelv
] ,850 linear feet to end of existing 8 Inch Water Main (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:
2 of 22
REVISION DATE: FEBRUARY 5, 2001
f I .. i
f
~
GENERAL PROVISIONS
CONSULTANT has agreed in its 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 requ irements as outl ined in and attached as Attachment A - Responsibi I ities of the Design
Engineer on Utilities Projects 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 paIties 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 wi II exercise the degree of ski II and di I igence normally em ployed by
professional engineers or consultants practicing under similar conditions. CONSULTANT wi II 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 ifsuch 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
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 term ination of contract even if the
CITY has obligated the funds to other projects.
PROJECT PROGRESS
3 of 22
REVISION DATE: FEBRUARY 5,2001
f. ..,
f
~"'.
~
......~ n;. -
CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly
and continuous progress of the Project through completion.
UTIGA TION
Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare,
document, bring, defend or assist in I itigation either undertaken or defended in behalf of the CITY except in
consideration of compensation. All such services required or requested of CONSULTANT by the CITY except suits
or claims between the parties to this Agreement will be reimbursed as additional services.
BINDINGS
It is further agreed that the CITY and 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 SLlccessors, 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 paliy 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: FEBRUARY 5, 2001
f i ..,
t'
@i}'""
~!
....:.....,.="~
~
--^'
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 ofthe State of Georgia.
CONSULTANT - means the patty 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 oftime 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 CONSULTANT's
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 palt 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.
5 of 22
REVISION DATE: FEBRUARY 5,2001
i i ...)
~"~
LTi)
~,
CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders
shall constitute the Agreement Documents.
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:
I. Agreement -Including Attachments
2. General Conditions
3. Supplemental Conditions - I ncluding Task Orders
6 of 22 REVISION DATE: FEBRUARY 5, 2001
I. ..-)
~
~
GENERAL CONDITIONS
I. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein
described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written
Task Order authorization. The effective date of services shall be defined in each Task Order authorization.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULTANT under this Agreement wi II be the
level of care and that is ordinarily used by members of CONSULTANT'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 CONSULTANT under its supervision, and all
personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform sLlch
services.
All key professional personnel, including subcontractors, engaged in performing services forthe 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 perm itted in the CONSULT ANT's Key
Personnel without the prior written approval ofthe 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 CONSULTANT and
responsible for the work prescribed by this Agreement.
5. ACCURACY OF WORK
7 of 22 REVISION DATE: FEBRUARY 5,2001
I I
.. 1
~'~"..
~~
-o-#!l;.
The CONSULTANT 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 CONSULTANT 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 \vith it or its authorized representatives. Upon
completion of th is Agreement term, all documents, drawings, reports, maps, data and stud ies 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 ofthe CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the CONSU L T ANT
without prior approval from the CITY, the release of same shall constitute grounds for term ination of th is Agreement
without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the
CONSULTANT with such prior approval, the same shall be regarded as public information and no longer subject to
the restrictions ofthis 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. ~ 50-18-70, et seq.).
CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for
inspection and copying as provided by law.
8. JURISDICTION
The law of the State of Georgia shall govern the CONTRACT 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.
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 effOlt as
proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall
8 of 22
REVISION DATE: FEBRUARY 5, 2001
I .
...1--
~
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 rep0l1s prepared by the CONSULTANT under this Agreement shall become the property of
the CITY, and the CONSULTANT 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. TERMlNA nON FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The consultant
shall be paid for any validated services under this Contract up to the time of termination.
II. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULTANT shall thoroughly research all utility records to identify the existing faci I ities on the subm itted
roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
Ifthe CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully
cooperate with such other CONSULT ANT(S) and the CITY employees or appointed comm ittee(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 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
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
indemn ities shall not be I im ited 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 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.
9 of 22
REVISION DATE: FEBRUARY 5, 2001
I .
.. .
~.~'"
-'. ..)
,~
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. Publ ic Liabi I iN Insurance - in an amount of not less that One Mill ion ($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 Mill ion ($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 Liabi I itv Insurance - in an of not less than One Mill ion ($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-(JO) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for
worker's compensation and professionalliabil ity policies, and a copy of such pol icy or a certificate of insurance shall
be filed with the Director at the time of the execution of this Agreement.
15. PROHIBITED INTERESTS
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 fllliher 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 Emplovment 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.
] 6. SUBCONTRACTING
The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted
work to be fllliher 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.
] 7. ASSIGNABILITY
10 of 22 REVISION DATE: FEBRUARY 5, 2001
. .
I
... .~
~
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations,
benefits, I iabi I ities 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: (I) the CONSULTANT will not
discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin;
(2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants,
receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the
CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the
Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision
shall not apply to contracts or subcontracts for standard commercial suppl ies of raw materials.
19. DRUG FREE WORK PLACE
CONSULTANT shall be responsible for insuring that its employees shall not be involved in allY manner with the
unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the \vorkplace.
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.
CONSULTANT shall notify the appropriate federal agencies of an employee who has a crim inal 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-KJCKBACK 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 pettaining
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 ofthis Atticle shall be included in any Agreements
it may make with any subcontractor, assignee, or transferee.
11 of 22
REVISION DATE: FEBRUARY 5,2001
I .
.. .
~
~
22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE
All documents and materials prepared as an instrument of service pursuant to this Agreement are the propel1y ofthe
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 ofthe 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.
24. INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services uncleI' 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:
ADMlNlSTRA TOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 3090 I
CONSULTANT:
CRANSTON, ROBERTSON & WHITEHURST, P.c.
452 Ell is Street
Augusta, Georgia 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 3090 I
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street
Augusta, GA 3090 I
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
12 of 22
REVISION DATE: FEBRUARY 5,2001
l' .;...
PRINTED NAME:
TITLE: MAYOR
ATTEST CLERK:
DATE:
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
~
~
CRANSTON:JOBE~SON & ~TEHURST' r.c.
BY: ~1f ~
(
pjjt PRINTED NAME: Thomas H. Robertson. P.E.
gl7 TITLE: President
DATE:
A1anh I, 20D I
13 of 22
REVISION DATE: FEBRUARY 5, 2001
1 .
,:. .
~'..'
'-~I
?~
CONSULTANT'S RESPONSIBILITIES
CONSULTANT, in order to determine the requirements of the Project, shall review the information in
Attachment A - Responsibilities of the Design Engineer on Utilities Projects. CONSULTANT 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.
PROJECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and
CONSULTANT'S requirements for this pari 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 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 insurance limits as specified in General
Cond it ion 14 - Insurance.
~
14 of 22
REVISION DATE: FEBRUARY 5,2001
.. "".
~
~
CITY'S RESPONSmILITIES
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 ofthe
information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all propeliy owners or occupants of the intent to enter properties for the
purpose of accomplishing work in accordance with the practices ofthe CITY. The CONSULTANT shall
discuss with and receive approval from the CITY prior to sending notices of intent to enter private propeliy.
Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the
CONSULTANT as being in the employ CITY for the purpose described in the Agreement.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless othenvise 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 exam ine 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 CONSULTANT 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
CONSULTANT 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 requ ired or requested assistance to
support, prepare, document, bring, defend, or assist in I itigation undertaken or defended by CITY. A II such
Services required or requested of CONSUL TANT by CITY, except for suits or claims between the parties to
this AGREEMENT, will be reimbursed as additional services.
1 5 of 22
REVISION DATE: FEBRUARY 5,2001
,. ,.J.
.
A TT ACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION: See attached proposal dated November 22,2000, which is incorporated
herein in its entirety by reference.
DESIGN OBJECTIVES: See attached proposal dated November 22, 2000.
~."":':
-ft'\
......... ~../
16 of 22
REVISION DATE: FEBRUARY 5,2001
,. ",I.
.
~.".
::~L
~I-:"
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY
under the terms ofthis Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and
accompanied by all support documentation requested by the CITY, for payment for the services, which were
completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have
the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or
a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of
completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided
that the approval or payment of any such invoice shall not be considered to be evidence of performance by
the CONSULTANT to the point indicated 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 II
C'grees to pay the CONSULTANT for work completed, 01. tllG b,,~j~ oftl,c st"l,d,ud billil,g latcs sl,o"'l1 ill
Attacldl1cl1t 0 to the Contract oftl.osc plihGjpals alId Ghlploycc~ GI,g"gcd dilcctly 011 tl.c wOlk. the lump sum
fee as stated in the proposal referenced in Attachment A dated November 22,2000. (jf!!J
~~'~~~~I~:~~:~IIGd~S~~~, ~~:~~I~~~,~I ~~: I d~~i~~~ ~~~I~:C~~llt~~~l~;~~ :~S~~~~I~: I ca~~~l:II~~~::t~~~~~,~~~ed tl.~
colllpehsatioh SGt fOltl, ih "J.y autl.olizGd Task OldGI. All ihvoiGG~ ~ublllittGd by tl,,-, CONSULTANT sl",1I be .,tl~
detailed to I {,fleet inCUlled c<pehses, labor l,oUIS al1d costs by autl.ol jz.cd T,,~k. Ill'-
Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the
ovel1ime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the
scheduled work in writing.
17 of 22
REVISION DATE: FEBRUAHY 5,2001
. .
.
~"'"'..
~'I
.', .'!::.J
~- .
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:
TITLE NAME
Principal Engineer Eldridge A. Whitehurst, Jr., P.E.
Senior Professional Engineer Dennis J. Welch, P.E.
Project Engineer I Kelvin G. Oglesby
Land Surveyor II John T. Attaway
18 of 22
REVISION DATE: FEBRUARY 5, 2001
~ .
~ .
A TT ACHMENT D - SCHEDULE FOR PERFORMANCE
REFERENCE PROPOSAL:
See Time of Completion in proposal referenced in Attachment A.
~"~:::
(~l\
......:.T-t"_.,,~
-z;f.;;r..
19 of 22
REVISION DATE: FEBRUARY 5,2001
~.I. ... 5
~'.'.'.'H
- ...'1
,~
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
1]1 Detai led Scope of Services based upon Attachment A of th is Agreement to be subm itted with Cost
Proposal clearly defining the CONSULTANT'S understanding of the project limits, design
objectives and CONSULTANT'S services to be provided.
o Cost Proposal that ,"viii include cost ofthe Study and Repol1 Phase requested in the CITY's Request
for Proposal.
o
Schedule for submittal of review documents at 30%,60%, and 90% completion; and final
documents.
Prior to submitting 30'1.) review documents:
1]1 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.
1]1 Site Plan (If Required)
Throughout project:
1]1
1]1
1]1
1]1
1]1
1]1
(f!/I
Provide CITY with information on the project site(s), including the following:
Past and present use of the land (sp"ifkally jdelltify all)' lalldfi II il,g "cti v iti,s ii, tl" 111<:,,);
identify any nearby designated wetlands
Soil type(s) (7i;;>~/
001 illt; "suits ,'VI,<:I, .'quilcd by CONSULTANT fOI "'~ faciliti,s e,1 ",I"" d'ptl, of Iii,' "I,d ~jAf/.-.
L<istil,g site. cOllditiol,S ,'V"llallt.
Brief description ofthe 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.
Prepare printed responses to comments received from the CITY following reviews.
Provide the necessary plats for easement acquisition and DOT/other permit application.
Prepare Public Works/DOT/Other permit applications for signature by the CITY.
Prepare and subm it plans to EPD for review and approval when required.
Prepare plans and specifications, using Augusta Utilities Desif::,Tn Standards and Specifications (latest
version). Specifications must mirror that provided by the CITY.
Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the subm ittal of
Final documents. Provide cost breakdown for any items to be lump sum in the construction contract.
Upon completion of design:
1]1
1]1 Coordinate with the City Purchasing Department to advertise the project.
1]1 Fax bid information to CITY.
20 of 22
REVISION DATE: FEBRUARY 5,2001
\. w.
~
~..<:,.::
,:~
~~
f]1
f]1
f]1
f]1
f]1
f]1
Attend bid opening.
Prepare letter of recommendation for award of the contract.
Attain contractor's/other signatures on the contract documents and forward to the CITY.
I nvite attendees to, and conduct, the pre-construction meeting.
Provide clarification related to the plans/specifications throughout design and construction.
Provide record drawings (from contractor's as-builts) at completion of the project electronically, per the
Utihties Design Standards and Specifications (latest version),
f]1 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 (I ine of commun ication wi II be
construction contractor to resident observer to CONSULTANT to CITY)
. Provide clarification of plans ancl specifications throughout construction
. Revise/update plans ancl/or easement plats as changes occur that require resubmittal to DOT/other
agencIes.
AUGUSTA UTILITIES DEPARTMENT
CRANSTON, ROBERTSON & WHITEHURST, P.c.
BY 11 tf10f ~
PRINTED NAME: tJ ( M IrX fI'd!. Jt.5
BY:
vL;;; tt1. ~
l
PRINTED NAME: Thomas H. Robertson, P.E.
TITLE:
DIRECTOR
TITLE: President
DATE:
t/$/CJ7/0!
I
DATE: 4diU'C/, <, ~Op/
BY:
~elClt4* R S"b.,f-
p~ ,M~~~,..
MA w cf, t",. I Zool
.
TITLE:
DATE:
ADDITIONAL SERVICES:
I. Revisions to the plans/contract documents to extend the limits ofthe project after this AGREEMENT
has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct location
given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the
21 of 22
REVISION DATE: FEBRUARY 5,2001
..... .
~~,.
,~
:nii5
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 responsibility of the CONSULTANT 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 tinancial
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.
22 of 22
REVISION DATE: FEBRUARY 5, 2001
--_...-~ ........ -'.. ~ ..- ~ . .-
,
. i
i
.~
'kI .., )
Cr~"1Ston, Robertson & Whitehurst, PC.
ENGINEERS PLANNERS SURVEYORS
':',.D :;:>'l;~"B COXPANY NO. 1
.~3 ELUS STIlEET
POST OFFICE BOX 2U6
AUGUSTA, GEORGIA 30903.25.6
J. CRAIG CRANSTON, P.E., R.L.S.
THOMAS H. ROBERTSON, P.E., R.L.S.
ELDRIDGE A. WHITEHURST, JR., P.E.
JAMES B. CRANFORD, JR., P.E.
DENNIS J. WELClI, P.E.
TELEPHONE (706) 722.1588
TELECOPIER (706) 722-8379
E.MAIL CRWPCIilCRWPC.COM
November 22,2000
JOHN T. ATTAWAY, R.L.S.
WAYNE SWANN, R.L.S.
McrCBAEL S. BERGLUND
STEVEN 101. BRYANT
DWIGHT E. FUNDERBURK, n
BOBBY 101. USRY
KEITH A. LAWRENCE
KELVIN G. OGLESBY
Augusta Utilities Department
C/O CH2M Hill
308 Bay Street, Suite 180
Augusta, Georgia 30901
Attn: Mr. Jim Rush
Re: Alexander Drive Widening & Utilities Improvemeilts
Our File No. 98-264.01
Gentlemen:
As requested, we have evaluated the additional surveying and design fees required for the
preparation of a separate set of construction plans and easement maps for the installation of a new
16" water line on Alexander Drive. This letter outlines the project as we understand it, the scope of
services offered, and the proposed fees.
PROJECT DESCRIPTION:
It is our understanding that the proposed new water line will tie onto an existing 16" stub on
the south side of the railroad at River Watch Parkway. From this point it will be bored under the
railroad and then run along the west side of existing Alexander Drive and be tied into the e:\isting
8" water line which ends just north of the entrance into the ne\v Augusta Hills Apartment.
SCOPE OF '''ORK:
To the extent possible, we propose to utilize the existing Alexander Drive Improvements
Project Plans as base maps for the preparation of a separate set of construction plans for the
installation of the proposed 16" water main on existing Alexander Drive. Due to the required
crossing of Rock Creek it is anticipated that there will be at least one required easement plat.
. "
L "
:H . -~
..
Augusta Utilities Department
November 22, 2000
Page 2
The plans wil! be prepared in ink on mylar film at an approximate scale of I" = 40' and ,viI!
utilize the existing edge of paving as a construction baseline. The plans ,viI! be accomplished
utilizing AutoCAD, Release 14 and will be provided in computer disc format if desired. at no
additional fee. In the event of a difference between the disc reproduced drawings and the originals,
the hard copy originals will govern.
BIDDING & CONSTRUCTION PHASES:
I t is our understanding that the bidding and construction phases of this proj ect wi II be
primarily handled by Augusta-Utilities Personnel and our involvement will be limited to that of an
advisory capacity which will consist of preparing a bid schedule. preparing bid documents,
addressing questions during the bid phase, preparing any necessary addenda, reviewing bids,
advising you concerning the award of the contract, issuing a notice to proceed, making periodic
observations of the construction work as its progresses to observe the general quality, reviewing the
contractor's monthly applications for partial payment, interpreting the contract documents and
technical specifications, consulting as necessary with your inspectors, making a final inspection. and
reviewing the contractor's application for final payment.
FEES:
The associated fees for the above referenced work will require additional engineering fees
in the amount of $11,260.00. When added to the existing $24,768.00 cUlTently allocated to the
utility pOliion of the Alexander Drive Improvements Project the new total would be $36,028.00. A
breakdown of the additional engineering fees is provided below for your information.
1. Additional Surveying $ 1,550.00
2. Revise Plan Sheets $ 1,440.00
.., Prepare Water Line Profile Sheets $ 1,820.00
.J.
4. Revise Cover & Detail Sheets $ 1,670.00
5. Prepare Technical Specifications $ 1,080.00
6. Additional Bidding Phase $ 880.00
7. Additional Construction Phase $ 2.820.00
Total Additional Engineering Fees S 11,260.00
Easement Plats (if required) $ 450.00 leach
:4
1- -_
t ·
\
~ ..
..
Augusta Utilities Department
November 22, 2000
Page 3
TIME OF COMPLETION:
We are prepared to begin work at your direction and \vould anticipate having preliminary
plans for your re\'iew and comments within 60 days. Upon receiving your comments, we \vill need
an additional 30 days to complete the plans and provide you with a final review set. At this time,
we will also submit the necessary plans to Augusta Planning & Zoning for distribution to the
appropriate agencies and make the necessary Nationwide Permit submittal to the Corps of Engineers
for the required crossing of Rock Creek. Should the final plans need to be submitted to Georgia
EPD, \ye will do so at your direction.
Should you have any questions or comments regarding this matter. please feel free to contact
this office at your earliest convenience.
Sincerely,
CRANSTON, ROBERTSON & WHITEHURST, P.c.
v~ -
~,W~~
Dennis J. Welch, P.E.
DJW /thw
Enclosure