HomeMy WebLinkAboutAugusta Georgia and Consultant
Augusta Richmond GA
DOCUMENTNAME:~-\a,~~\Q <>\- ~
DOCUMENT TYPE: ~~~
YEAR: 06)
BOX NUMBER: \'5
FILE NUMBER:' l.9-Dld
NUMBER OF PAGES: ~
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STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULT ANT:
Gannett Fleming, Inc.
PROJECT:
Engineering Services During Design, Bidding, and Construction for
Expansion and Improvements to the Highland Avenue Water Treatment
Plant
DATE EXCECUTED:
DATE COMPLETED:
~
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this cJd- day of .;/..;JelL ,2002
by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter
called the "CITY" and Gannett Fleming, Inc., a Corporation authorized to do business in
Georgia, hereinafter called the II CONSULTANT. II
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish
professional services for:
design, bidding, and construction services for the expansion and improvements to the HigWand
Avenue Water Treatment Plant, Augusta, Georgia; and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualliied
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:
"
GENERAL PROVISIONS
ARTICLE 1. PROCUREMENT OF
SERVICES
CONSULT ANT shall 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 Work and other
relevant data defining the Project.
1.1 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.
1.2 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.
1.3 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.
1.4 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.
1.5 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.
1.6 Time Of Completion
The time of completion shall be as
described in the schedule attached hereto
as Attachment D Schedule for
Performance.
This Agreement shall terminate inunediately
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.
1.7 Project Progress
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.
1.8 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
CONSULTANT by the CITY except suits or
claims between the parties to this, Agreement
will be reimbursed as additional services.
1.9 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
CONSULT ANT shall assign, sublet or
transfer its or their interest in this
Agreement without prior written consent
of the other party hereto.
1.10 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.
ARTICLE 2. DEFINITIONS
Wherever used in this Agreement, whether in
the singular or in the plural, the following
terms shall have the following meanings:
2.1 Agreement Execution - means the date on
which CONSULTANT executes and enters
into an Agreement with CITY to perform the
Work.
2.2 Agreement Price - means the total
monies, adjusted in accordance with any
provision herein, payable to the
CONSULTANT under this Agreement.
2.3 CITY - means a legal entity AUGUSTA,
GEORGIA, a political subdivision of the State
of Georgia.
2.4 CONSULTANT - means the party or
parties contracting directly with the CITY to
perform Work pursuant to this Agreement.
2.5 Contract - means the Agreement
Documents specifically identified and
incorporated herein by reference.
2.6 Contract Time - means the period of time
stated in this Agreement for the completion of
the Work.
2.7 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
CONSULTANT's plans and work.
2.8 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.
2.9 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.
2.10 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.
2.11 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.
ARTICLE 3: CONTRACT DOCUMENTS
3.1 List of Documents
The Agreement, the General Conditions, the
Attachments, and any Supplemental
Agreements, including Task Orders shall
constitute the Agreement Documents.
3.2 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
ARTICLE 4. GENERAL CONDITIONS
4.1 Commencement Of Work
The performance of the work as defined in
the Agreement between CONSULTANT and
the CITY, and herein described in this
Agreement as Attachment A Scope of Work
shall be commenced upon receipt by the
CONSULTANT of a written Notice to
Proceed. The effective date of services shall be
defined in each Notice to Proceed.
4.2 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
CONSULTANT'S profession practicing under
similar conditions.
4.3 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 in compensation or
schedule.
4.4 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 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 incorporated
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
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.
4.5 Accuracy Of Work
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 CONSULT ANT shall give
immediate attention to these changes so there
will be a minimum of delay to others.
Acceptance of the work by the CITY will not
relieve the CONSULT ANT of the
responsibility for subsequent correction of
any errors and the clarification of any
ambiguities.
4.6. 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 with it or its authorized
representatives. Upon completion of this
Agreement term, all documents, drawings,
reports, maps, data and studies prepared by
the CONSULTANT pursuant thereto shall
become the property of the CITY and be
delivered thereto.
Articles, papers, bulletins, reports, or other
materials reporting the plans, progress,
analyses, or results and findings of the work
conducted under this Agreement shall not be
presented publicly or published without prior
approval in writing of the CITY.
It is further agreed that if any information
concerning the PROJECT should be
released by the CONSULTANT without
prior approval from the CITY, the release
of same shall constitute grounds for
termination of this Agreement without
indemnity to the CONSULT ANT, but
should any such information be released
by the CITY or by the CONSULTANT
with such prior approval, the same shall
be regarded as public information and no
longer subject to the restrictions of this
Agreement.
4.7 Open Records
CONSULTANT acknowledges 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.e.G.A. 9
50-18-70, et seq.). CONSULTANT shall
corporate fully in responding to such
requests and making all records, not
exempt, available for inspection and
copying as provided by law.
4.8 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.
4.9. Termination Of Agreement For Cause
If through any cause, the CONSULTANT
shall fail to fulfill in a timely and proper
~er its obligations under this Agreement,
or if the CONSULTANT shall violate any of
the covenants, agreements or stipulations of
this Agreement, CONSULT ANT will be given
the opportunity to commence correction of
obligation within 5 days of written notice and
diligently complete the correction thereafter.
Failure to maintain the scheduled level of
effort as proposed and prescribed, or
deviation from the aforesaid schedule
without prior approval of the CITY, shall
constitute cause for termination. The CITY
shall thereupon have the right to terminate
this Agreement by giving written notice to the
CONSULTANT of such termination, and
specifying the effective date thereof, at least
five (5) days before the effective date of such
termination. In such event, all finished or
unfinished documents, maps, data, studies,
work papers and reports prepared by the
CONSULTANT under this Agreement shall
become the property of the CITY, and the
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.
4.10 Termination For Convenience Of The
City
Th~ CITY may terminate this contract in part
or ill 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.
4.11 Coordination And Cooperation
With Other Utilities And Consultants
CONSULT ANT shall thoroughly research
all ,~~ty records to identify the existing
facilities on the submitted 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.
4.12 Covenant Against Contingent Fees
The CONSULT ANT warrants that no
person or selling agency has been
employed or retained to solicit or secure
this Agreement upon an agreement or
understanding for a commission,
percentage, brokerage, or contingent fee,
excepting bona fide employees or bona
fide established commercial or selling
agencies maintained by CONSULTANT
for the purpose of securing business and
that the CONSULT ANT has not received
any non-CITY fee related to this
Agreement without the prior written consent
of the CITY. For breach or violation of this
warranty, the CITY shall have the right to
annul this 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.
4.13 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 indemnities shall not be limited by
reason of the listing of any insurance
coverage.
4.14 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 CONSULT ANT shall provide, at all times
that this agreement is in effect, Worker's
Compensation insurance in accordance
with the laws of the State of Georgia.
The CONSULTANT shall provide, at all
times that this Agreement is in effect,
Insurance with limits of not less than:
4.14.1 Workmen's Compensation
Insurance - in accordance with the laws of
the State of Georgia.
4.14.2 Commercial General Liability -
Bodily Injury 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.
4.14.3 Commercial General Liability -
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.
4.14.4 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.
4.14.5 Professional Liability Insurance -
in an amount of not less than One Million
($1,000,000) Dollars per claim 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
coverages identified in items 4.14.2 and 4.14.3.
The policies shall be written by a responsible
company(s), and shall provide thirty-(30)
days' written notice to the CITY of
cancellation. Such policies shall name the
CITY as Additional Insured, except for
worker's compensation and professional
liability policies, and a certificate of insurance
shall be filed with the CITY at the time of the
execution of this Agreement.
4.15 PROHIBITED INTERESTS
4.15.1 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.
4.15.2 Interest of Public Officials:
No member, officer, or employee of the crTY
during his tenure or for one year thereafter,
shall have any interest, direct or indirect, in
this Agreement or the proceeds thereof.
4.15.3 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.
4.16. SUBCONTRACTING
The CONSULT ANT shall not subcontract
any part of the work covered by this
Agreement or permit subcontracted work
to be further subcontracted without the
CITY's prior written approval of the
subcontractor. The CITY will not approve
any subcontractor for work covered by
this Agreement that has not been
recommended for approval by the
Program Manager.
All subcontracts in the amount of $5,000
or more shall include, where possible, the
provisions set forth in this Agreement.
4.17 ASSIGNABILITY
Neither party shall assign or transfer
whether by an assignment or notation,
any of its rights, obligations, benefits,
liabilities or other interest under this
Agreement without the written consent of
the other party.
4.18 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
CONSULTANT will cause the foregoing
provisions to be inserted in all
subcontracts for any work covered by the
Agreement so that such provision will be
binding upon each subcontractor, provided
that the foregoing provision shall not apply to
contracts or subcontracts for standard
commercial supplies of raw materials.
4.19 DRUG FREE WORK PLACE
CONSULT ANT shall be responsible for
ensuring 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.
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.
4.20 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.
4.21 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, to examine
and make copies, excerpts or transcripts
from such records of personnel,
conditions of employment and other data
relating to all matters covered by this
Agreement.
The CONSULTANT shall maintain all
books, documents, papers, accounting
records and other evidence pertaining to
costs incurred on the Project and used in
support of its proposal and shall make
such material available at all reasonable
times during the period of the Agreement,
and for three years from the date of final
payment under the Agreement, for
inspection by the CITY or any reviewing
agencies, and copies thereof shall be
furnished upon request at cost plus 10%.
The CONSULTANT agrees that the
provisions of this Article shall be included
in any Agreements it may make with any
subcontractor, assignee, or transferee.
4.22 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.
Upon final payment to ,CONSULTANT for
services rendered, 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 un~er this Agreement
without according credit of authorship. The
CITY shall hold harmless the CONSULT ANT
against all claims arising out of such use of
documents and materials without the
CONSULTANT's knowledge and written
consent.
4.23 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
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street, Room 800
Augusta, GA 3091
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
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.
4.24 INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the
services under this Agreement as an
independent contractor and nothing
contained herein shall be construed to be
inconsistent with this relationship or
status. Nothing in this Agreement shall
be interpreted or construed to constitute
the CONSULTANT or any of its agents or
employees to be the agent, employee, or
representative of the CITY.
4.25 NOTICES
All notices shall be in writing and
delivered in person or transmitted by
certified mail, postage prepaid. Notices
shall be addressed as follows:
CONSULT ANT:
Gannett Fleming, Inc.
2743 Perimeter Parkway
Building 100 Suite 350
Augusta, GA 30909
(706) 855-1085
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC
360 Bay Street, Suite 100
Augusta, GA 30901
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written
below:
AUGUSTA, GEORGIA (CITY)
~~ ~tL~.
CONSULTANT
BY:
BY:
r~PRINTED NAME:
TITLE: MAYOR
TITLE:
Vice President
DATE:
3/I,VO~
~
DATE:
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, Ga 30901
CONSULTANT'S RESPONSIBILITIES
CONSULT ANT, 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
CITYls and CONSULTANTS 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 computations 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 CONSULT ANT until the CONSULTANT complies
with the CITY's request in this regard.
The CITY's review recommendations shall be incorporated into the plans by the
CONSULTANT.
CONSULTANTIS INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the insurance limits as specified
in Article 4 - General Conditions 4.14 Insurance.
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 CONSULTANT as being in the employ of the
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 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 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.
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
Gannett Fleming, Inc. will provide professional engineering services during the design,
bidding, and construction phases for the expansion and improvements to the Highland Avenue
Water Treabnent Plant located at 2822 Central Avenue in Augusta, Georgia. The actual scope of
services is specifically stated in Gannett Fleming, Inc.' s proposal dated March 14, 2002, which is
made a part of this contract.
DESIGN OBJECTIVES:
The current 45-million gallon per day (mgd) water facility is over 60 years old and is in need of
significant improvements in order to meet the growth objectives of the city. The primary
objective of this project to design a cost-effective, reliable, and safe drinking water facility that
meets current federal and state environmental regulations for an expanded capacity of 60 mgd.
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of this Agreement as defined in CONSULTANTS cost proposed for
completing the Scope of Work dated March 14, 2002, and attached and made a part 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 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 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 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.
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.
ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULTANT shall provide qualiiied 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:
Tom Clark, Project Manager
John Dougherty, Officer-in-
Charge
Bill Allis, Lead Design
Engineer .
Matt Carnish, Lead Design
Engineer
Mike Robinson, Civil
Engineering Discipline
Manager
(refer to Section 5 of the
Proposal for further staff
assignments )
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
Refer to Section 3 of the Proposal. Major schedule milestones are:
. Notice to Proceed
. Submit 30% Design
· Submit 60% Design
· Submit 90 % Design
. Submit 100% Design
April 15, 2002
November 29,2002
February 28, 2003
May 30,2003
August 30, 2003
These milestones are subject to change if the project schedule is modified as agreed upon by
Gannett Fleming, Inc. and the CITY.
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
VDetailed Scope of Services based upon Attachment A of this Agreement to be submitted with Cost
Proposal clearly defining the CONSULTANTS understanding of the project limits, design objectives and
CONSULTANT'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.
V'Schedule for submittal of review documents at 30%, 60%, and 90% completion and final documents.
Prior to submitting 30% review documents:
V'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.
Provide CITY with information on the project site(s), including the following:
. Past and present use of the land (specifically identify any landfilling activities in the area);
identify any nearby designated wetlands (NOT APPLICABLE)
. V'Soil type(s)
. V'Boring results.
. 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. (NOT
APPLICABLE)
. V'Identification of potential problems in meeting design objectives.
V'Site Plan (If Required)
Throughout project:
.!Prepare printed responses to comments received from the CITY following reviews.
.!Provide the necessary plats (complete with survey information on all items within the limits of both
permanent and temporary easements) for easement acquisition and DOT/other permit application.
.!Prepare Public Works/DOT /Other permit applications for signature by the CITY.
.!Prepare and submit plans to EPD for review and approval when required.
.!Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest
reference). Specifications must mirror that provided by the CITY and must be complete for the described
work.
.!Prepare and submit construction cost estimates at each review stage (30%,60% and 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 (SEE ASSUMPTIONS AND LIMITATIONS IN SCOPE OF WORK);
. . . . . .. . . .
.. .' .,. . .". . . .
. . . . . . . +-.
.. . . . . . e. e. . .
+, . . . . ...+ . .
. . . . . . i.. . .
.....Coordinate with the City Purchasing Deparhnent to advertise the project.
V"Fax bid information to CITY.
..... Attend bid opening.
VPrepare letter of recommendation for award of the contract.
Attain contractor's I other signatures on the contract documents and forward to the CITY. (THIS WAS
DELETED FROM THE CONSULTANT'S SCOPE OF WORK).
V'Invite attendees to, and conduct, the pre-construction meeting.
VProvide clarification related to the plans/specifications throughout design and construction.
VProvide record drawings at completion of the project electronically, per the Utilities Design Standards and
Specifications (latest version),
Provide Services During Construction as follows:
· .....Attend project meetings as scheduled by the CITY
· V"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) (THIS WAS
DELETED FROM THE CONSULTANT'S SCOPE OF WORK).
· VProvide clarification of plans and specifications throughout construction
· V"Revise/update plans and I or easement plats as changes occur that requires resubmittal to
DOT lather agencies.
(;i;i;i;~;~~UGUSTA UTILITIES DEPARTMENT
PRINTED NAME:
CONSULTANT ~
BY ~/au--
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PRINTED NAME: John V. Dougherty
. . . . . ) . . ..
e-. . . . e... . . -..
::,:';':; :.:_~:: : : ::.; . ~:
TITLE: DIRECTOR
TITLE:
Vice President
3)1,:;-/0 ~
DATE:
DATE:
PROGRAM MANAGER
BY:
PRINTED NAME:
TITLE:
DATE:
.
.
ADDITIONAL SERVICES:
1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT
has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct location
given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the
CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at
their request will be considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the 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 financial gain. It
is expected that such professionals will act as a faithful agent for the CITY as a client. It is the duty of the
CONSULTANT to protect the safety, health and welfare of the public in the performance of their
professional duties.