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HomeMy WebLinkAboutBerckmans Road Sewer Pocket Augusta Richmond GA DOCUMENT NAME: B -e.." L ~ tf\ (J.(1 S ~ Oo.-cl Sev::>-eY f>CJd:'eJ- DOCUMENT TYPE: Q ~'f.e...e \'Y'.<l.X\ -t YEAR: d-.O 0 \ BOX NUMBER: \ d- FILE NUMBER: r 5 ~ I 4- NUMBER OF PAGES: ;)(0 ST A TE OF GEORGJA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULTANT: Cranston, Robertson & Whitehurst, P.c. PROJECT: Berckmans Road Sewer Pocket DA TE EXECUTED: DA TE COMPLETED: March 1,200 I (@~ "~ ~ r~ ~" r, ';, '\'~;T-=--3) 1'1 _.' L., .-' 'J L...:....' I, ' :, J." ;1 MAR 0 2 2001 J.J 8 y. _____. , . f' _' V 1 of 22 REVISION DATE: FEBRUARY 5,2001 ~'\ ,,~) STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this 151 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 "CONSULTANT. " WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: The design of sanitary sewer mains in the Berckmans Road and Heath Drive area (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 ~.~' ~.~ ~: 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. CONSULT ANT 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 deal ing, 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 employed by professional engineers or consultants practicing under simi lar cond itions. CONSU L T A NT 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 oftime for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods oftime 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 patties 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 avai lable to satisfy the obligations of the CONSU L T ANT on behalf of the CITY under th is 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 ~ ~ 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. LITIGATION 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 successors, executors and assigns in respect to all covenants ofthis Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONS U L T ANT and supersedes all prior negotiations, representations and agreements, either written or oral. 4 of 22 REVISION DATE: FEBRUARY 5, 2001 .. ~~ ..~~/ -~ DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period oftime stated in this Agreement for the completion of the Work. Program Manager - means CH2M HTLL 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 CONSUL TANT's plans and work. Subcontractor - means any person, firm, paltnership, 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 CONSU L T ANT. 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. 5 of 22 REVISION DATE: FEBRUARY 5,2001 ~ ~ CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents. Confl ict and Precedence The Agreement Documents are complementary, and what is called for by one is as bind ing as if called for by a II. 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 - I ncluding Task Orders 6 of 22 REVISION DATE: FEBRUARY 5,2001 ~ ~~ 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 CONSU L T ANT of a 'vvritten 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 will be the level of care and that is ord inarily used by members of CONSULTANT'S profession practicing under sim i lar 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, wh ich are mutua lIy 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. A II of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged ill the work shall be qual ified and shall be authorized or perm itted under law to perform such servIces. All key professional personnel, including subcontractors, engaged in perform ing 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 perm itted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his designee. The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. 5. ACCURACY OF WORK 7 of 22 REVISION DATE: FEBRUARY 5,2001 ~ ~ 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 wi II 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 palt 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 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 of the CITY. I t is further agreed that if any information concerning the PROJECT, should be released by the CON SU L T ANT without prior approval from the CITY, the release of same shall constitute grounds for term ination ofth is 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. 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 th is 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. TERMlNA nON 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, CONSU L T A NT wi II be given the opportunity to commence correction of obi igation with in 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 8 of 22 REVISION DATE: FEBRUARY 5, 2001 ~O" ~... " 'I '-~ ? 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 term ination. In such event, all fin ished or unfin ished 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. 10. TERMINATlON 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 oftermination. II. COORDINATION AND COOPERATlON WITH OTHER UTILITIES AND CONSULTANTS CONSULTANT shall thoroughly research all utility records to identify the existing faci lities 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 CONSULT ANT(S) and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees. 12. COVENANT AGAINST CONTINGENT FEES The 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 comm ission, 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 CONSU L T 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 comm ission, 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 indemnities shall not be limited by reason ofthe 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 ofthis 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. 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. ProDerty 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 PaDers 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 Liabil ity 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 thilty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for worker's com pensation and professional I iabi lity pol icies, 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 further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT shall not subcontract any part ofthe 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 fOl1h in this Agreement. 17. ASSIGNABILITY 10 of 22 REVISION DATE: FEBRUARY 5,2001 ~'.""'" -~1 :t:J~ The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obi igations, 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: (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 supplies of ra\v materials. 19. DRUG FREE WORK PLACE CONSULTANT 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 propelty, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONS UL T ANT 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-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 CONSU L T ANT shall make avai lable to the CITY and/or audit representatives ofthe CITY for exam ination all of its records \vith respect to all matters covered by this Agreement. It shall also permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article 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 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 ofthis 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 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: ADMlNlSTRA TOR AUGUSTA, GEORGIA 530 Greene Street Augusta, GA 3090 I CONSULTANT: CRANSTON, ROBERTSON & WHITEHURST, P.c. 452 Ell is Street Augusta, Georgia 3090 I 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] IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: 12 of 22 REVISION DATE: FEBRUARY 5, 2001 BY: PRINTED NAME: ~ \: 1 0 U. tL 1 TITLE: MAYOR A TrEST CLERK: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street Augusta, Ga 30901 ~".. "~,,.:~ i:iJ';;if.;~ CRANSTON~OB~RTSO 7Hfh. BY: ~ . ~RINTED NAME: Thomas H. Robertson. P.E. ~ TITLE: Presidenl DATE: ~ttYeh I. UJt) / , 1 3 of 22 REVISION DATE: FEBRU,A,RY 5, 2001 ~ ~~ 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 UNDERSTANDJNG Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part ofthe project, including design objectives and constraints, space, capacity and performance requirements, flexibil ity and expendabi I ity, and any budgetary 1 im itations. 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 th is Agreement. Refusal by the CONSU L T ANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in the regard. The CITY's review recommendations shall be incorporated into the plans by the CONSU L T ANT. CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the insurance limits as specified in General ~ Condition 14 - Insurance. 14 of 22 REVISION DATE: FEBRUARY 5,2001 ~".'"'" -~~" .~ '':''-7. . CITY'S RESPONSIBILITIES 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 ofthe 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 CONSULTANT 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 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 Sllpport, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All sllch 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. 15 of 22 REVISION DATE: FEBRUARY 5,2001 A TT ACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: See attached proposal dated December 19,2000, which is incorporated herein in its entirety by reference. DESIGN OBJECTIVES: See attached proposal dated December 19, 2000. 16 of 22 REVISION DATE: FEBRUARY 5,2001 ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of th is 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 pati thereof if not properly supported, or if the costs requested or a part thereof, as determ ined 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 pOltion 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 ofthe work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. ~ When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed, 011 ti,e bMi!) oftl,e st"I,d"ld billil'l:; latGS 51,0..11 ill Attaehl",,"t 0 to t1,G COl1hact oftl,oSG plil1cipals alld ClllployG"s "I ,gaged dilectl)' 011 tl,e ..olk. the lump sun - fee as stated in the proposal referenced in Attachment A dated December 19, 2000. COlllpGl'SatiOI1 fol dcsigll SCI "iccs sllall bc jl1voiccs bas cd 011 tl,c sum of "II a"tu,,1 costs il1cullGd ill ti,e p"lfolllwl1CG of tile ,'\-olk, il1c.1udillg "II dilcct, payloll, ov"lall "I,d plont cost ill dn "n,oul1t I1ot-to-G,(eccd tl'tlC COlllpCl1satiol1 sct fOltl, ill al,)' "UtIIOI izcd Task Old,,!. All il1voie"s sublllittGd by tl,G CONSULTANT slldll bG cktaikd to I dkct illCUl1 "d ".(P"IISGS, labol I,OUIS and costs by autl,ol iZGd T"sk. 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 CONSULTANT has requested acceleration of the scheduled work in writing. 17 of 22 REVISION DATE: FEBRUARY 5, 2001 . ~ ~ 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 Senior Principal Engineer Thomas H. Robertson, P.E. Senior Professional Engineer Dennis J. Welch, P.E. Project Engineer 11 Dwight E. Funderburk, I I Project Engineer I Kelvin G. Oglesby Land Surveyor I I John T. Attaway, R.L.S. 18 of 22 REVISION DATE: FEBRUARY 5,2001 ATTACHMENT D - SCHEDULE FOR PERFORMANCE REFERENCE PROPOSAL: See Time of Completion in proposal referenced in Attachment A. ~."':.~ :~ ~::-~ 1 9 of 22 REVISION DATE: FEBRUARY 5,2001 ~ ~ CONSULTANT SERVICES As a palt of this Agreement the CONSULTANT agrees to furnish the following checked items. Prior to Authorization To Proceed: I]J Detailed Scope of Services based upon Attachment A ofthis Agreement to be submitted with Cost Proposal clearly defining the CONSULTANT'S understanding of the project lim its, design objectives and CONSULTANT'S services to be provided. I]J Cost Proposal that will include cost ofthe Study and Report Phase requested in the CITY's Request for Proposal. I]J Schedule for submittal of review documents at 30%,60%, and 90% completion; and final documents. Prior to submitting 30'Ycl review documents: I]J Site Plan (If Required) Throughout project: I]J I]J I]J I]J I]J I]J I]J 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 mL~st 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 idel.tify alIy lalldfillil.1S activitics il. tl,e-area); id,,"tif) allY I.eal by d"sig,IIatcd ~H,tlallds Soil type(s) 001 ill!!, "suits \\1,,,, Icquiled by CONSULTANT for lIe" f"Gilitic~ o. ,\ I,,,,, cI'ptl, of lillC (\lId c<istilI/3, site GOlId itiollS ,'all aliI. ~ Brief description of the area (e.g., residential, commercial, industrial) includ ing 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 Design 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: I]J I]J Coordinate with the City Purchasing Department to advertise the project. I]J Fax bid information to CITY. 20 of 22 REVISION DATE: FEBRUARY 5, 2001 ~..",.:~ .SI\ :~_lt~ ~ 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 Utilities Design Standards and Specffications (latest version). I]J 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 comm un ication wi II 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. I]J I]J I]J I]J I]J I]J Prepare letter of recommendation for award of the contract. Attend bid opening. Attain contractor's/other signatures on the contract documents and forward to the CITY. I nvite attendees to, and conduct, the pre-construction meeting. AUGUSTA UTILITIES DEPARTMENT CRANSTON, ROBERTSON & WHITEHURST, P.C. BY: 11 rilci ~ PRINTED NAME: N. tfl A- X. II I t-}?5 BY: ~ty.~ PRINTED NAME: Thomas H. Robertson. P.E. TITLE: DIRECTOR TITLE: President DATE: () j I" 7/ () I . DATE: A1~ I. ~f) / . ~:2MHIL~ PRINTEDN~E: ~~,e S'uTf TITLE: /~'71M1IA M~~f~ M~~ t;. ~( . DATE: ADDITIONAL SERVICES: I. 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 21 of 22 REVISION DATE FEBRUARY 5,2001 . ~ ~ 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 ofthe 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 _____~--~----------.-c"~ ______._~___.__._______.. ,.' ;, . --- _ C--",' ...,,,. Cranston, Robertson & Whitehurst, EC. ENG~RS P~~RS SURVEYORS OLD ENGINE COMPANY NO.1 '52 ELLIS STREET POST OFFICE BOX ~s'(6 AUGUSTA, GEORGIA 30903-~5'6 TELEPHONE (706) 722-1568 TELECOPlER (706) n~.8379 E.MAIL CRWPC@CRWPC.COllt J. CRAIG CRANSTON, P.E.. R.1..5. TlIOltlAS II. ROBERTSON. PoE.. R.1..S. ELDRIDGE A. WHITEHURST, JR.. P.E. JA.\lES B. CRA.WORD, JR.. P.E. DEI'''~lS J. WELCH, P.E. December 19, 2000 JOIL'i T. ATTAWAY. R.1..S. WAYNE SWA.....-S. R-LS. McrCHAELS.BERGLUh~ STEVEN 1>L BRYA.....-r DWIGHT E. FUNDERBURK. II BOBBY 1>1. USRY KEITH A. 1....WRENCE KELVIN G. OGLESBY Mr. Max Hicks Augusta Utilities Department 2760 Peach Orchard Road Augusta. Georgia 30906 HAND DELIVERY Re: Berckmans Road Sewer Bond Project No. 50050 Our File No. 2000-412.01 Dear Max: In accordance with your request, we are pleased to offer the following proposal for accomplishing the necessary surveying and engineering services for the placement of new sanitary sew'er mains in the Berckmans Road and Heath Drive area. GENERAL The work will involve construction of new 8 inch sanitary sewer mains with appropriate manholes, a sanitary sewer pump station and associated force main. The exact location of the gravity sewer and force main will be determined as a part of the design work, but will likely follo\\' closely to the route provided by you. The project \vill include connections, structures. and other necessary appurtenances. SCOPE OF WORK The scope of work will include field surveys of the proposed sanitary se\'.ier rOlltes in sufficient detail to locate the roads, fences, driveways, drainage structures. and all \'isible improvements along the route. These surveys will also include locating existing utility lines based on field marks and maps furnished hy the utility owners. These utilities will include po\\"er. gas. water, sewer. telephone, and CATV. We will prepare plans, specifications, and contract documents for the sanitary sewer system including structures and appurtenan~es described above. We will prepare preliminary route layouts for your revie\v and approval. Upon your approval of the general route, we will prepare design plr.ns '.4 Mr. Max Hicks December 19,2000 Page 2 showing horizontal and vertical alignments, structures, and miscellaneous details. \Ve will complete and forward any required utility permits or encroachment permits to the Georgia Department of Transportation, United States Federal Government, or other governing authorities. and pro\'ide ancillary drmvings as required by the City-County. Drawings will be prepared in ink on mylar film at an appropriate scale. \Ve can also furnish the dra\ving in AutoCAD computer disc format. if desired. at no additional fee. In the event of difference between the disc-reproduced drawing and the original tracing. the hard copy tracing will govern. We will also prepare plats for acquisition of any easement that may be required for the construction of the sanitary sewer mains, pump station and force main. We propose to furnish the following bidding and construction phase services: preparing a schedule for bidding, preparing bidding documents, assisting you with securing bids frorn qualitied contractors, advising you concerning the award of a contract, preparing contract documents subject to your approval, issuing a notice to proceed, making observations of the construction work ;15 it progresses to observe the general quality, furnishing written reports of the observations made during each visit, coordinating with the project engineer provided by the City/CH21v1 Hill. adminisi~ring appropriate progress meetings, issuing instructions to the contractor, preparing any change or.iers required, reviewing shop drawings, reviewing the contractor's monthly applications for partial paymel'lt, determining the amounts owing to the contractor, interpreting the contract documents ~\l1d technical specifications, consulting as necessary with the City-County authorities. and their representatives concerning their requirements, making a final inspection to determine \vhether or not the work has been completed substantially in accordance with the plans and specitications. ~1l1d reviewing the contractor's application for final payment. FEE PROPOSAL Our fee for this work will be a lump sum of$60,100.00. Assuming a construction C('::t o~- $750,720.00, this fee represents 8.00 percent. A preliminary construction cost estimate is at\~.:hec hereto. The total is broken down by project phase as follows: Study and Report (initial route studies) Preliminary design and route surveying Final design phase and centerline survey Bidding phase Construction phase (5%) (40%) (30%) (5%) (20%) s 5) $ $ S 3,O()5.00 24,fJ.W.OO 18,(J30.00 3,fj()5.00 12.WO.OO Total $ 60,100.00 ._-----_......_-------~._'"'_.._--_._._~-_&_._-._.-...._._&.....-.--~....-..-._--_._&.~ ~ ..... .. _.- Mr. Max Hicks December 19,2000 Page 3 We proposed to furnish any easement plats that may be required on the basis of $350.00 per plat. We are prepared to provide a construction inspector to observe the quality of construction during this project on a $45.00 per hour basis. We expect to submit periodic invoices covering the design \york as it progresses and to receive payment within fifteen days thereafter. TIl\/[E OF COMPLETION We are prepared to begin work at your direction and expect to complete the design phase \vithin 6 months of receiving the authority to proceed, exclusive of review periods. The bidding phase will likely take 2 months, and the construction phase approximately 8 months. \\le appreciate the opportunity of making this proposal and trust that you find it satisfactory. Upon your request. we will prepare and forward to you a standard form engineering contract for this project. Should you have any question concerning the scope of the services offered, or the fee. please do not hesitate to give us a call. Sincerely, CRANSTON, ROBERTSON & WHITEHURST, P.c. 'D.A- . l' W~l--. Dennis 1. Welch, P.E. ~o~~~u DJW:THR:thw cc: Bob Davis, CH2M Hill O:\AA_(ORRESrO~DES(E',2UOtl\OI')~ I':: b~rdL11JI1 rd ~C\\~I\Ol).~ I ~ rropoSJI.wpd Berckmans Road Sewer Bond Project No. 50050 00-412.0 I Budgetary Construction Cost Estimate December 18, 2000 ITEM NO. DESCRIPTION, QUANTITY, UNIT AND Ul'IT PRICE: Al\IOlJNT 1. 8" Sanitary Sewer 7,400 LF@ $ 25.00 /LF S 185.000.00 2. Sanitary Manholes 34 EA@ $ 1,700.00 lEA S 57.800.00 ... 4" Force Main .J. 1.000 LF@ $ 10.00 ILF S ] 0.000.00 4. Pump Station Lump Sum S 75.000.00 5. Remove and Replace Pavement 3,500 SY@ $ 25.00 ISY S 87.500.00 6. Sewer Taps 90 EA@ $ 750.00 lEA S 67.50rJ.OO 7. Tie to Existing Manhole Lump Sum S 5.000.00 8. Property Restoration Lump Sum S 50.00rJ.00 9. Miscellaneous Items to Include Demolition, Clearing & Grubbing, Grassing, Pavement Overlay, Etc. Lump Sum S 50.00rJ.OO 10. Erosion Control Measures Lump Sum S 40.00rrOO II. Mobilization Lump Sum S 25J)()rJ.OO Construction Subtotal S 65:2 .8(j{J.00 15% Contingencies S 97.92rJ.OO Construction Total S 7')() 7/(1 no D:\AA.CORREsrONDENCE\2000\OO~ 12 b<rcklll~lI rd sewer',coSI eSlimnle.wpd Page 1 of 1 . . . .