HomeMy WebLinkAboutCranston Rpbertson & Whitehurst, P.C.
Augusta Richmond GA
DOCUMENT NAME: c..:(Q'f\3tt:() '(o'cE:x-~SCXl ~ ~\-\-e\)0\'(&- ? L .
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DOCUMENT TYPE:CX?J'< ~
YEAR: DS
BOX NUMBER: \C\
FILE NUMBER: \l.Q '6~~
NUMBER OF PAGES: c9l
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STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT:
Cranston, Robertson & Whitehurst, P.e.
PROJECT: Spirit Creek Pump Station and Force Main
DATE EXECUTED:
DATE COMPLETED: September 11, 2003
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REVISION DATE: FEBRUARY 5, 2001
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STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this~ day of ~f\-+- , 2003 by and between AUGUSTA,
Georgia, a political subdivision of the State of Georgia, hereinaft~e "CITY" and Cranston, Robertson
& Whitehurst, P .c. , a Corporation authorized to do business in Georgia, hereinafter called the "CONSULT ANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services
for:
The design of a new sanitary sewer pumping station and 30-inch force main to pump excess sewer flows from the
Spirit Creek Treatment Facility to the J.B. Messerly Wastewater Treatment Facility, The new pump station will be
located near the intersection of the Spirit Creek Trunk Line and Highway 56. (project description); and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the
services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and
between the CITY and the CONSULTANT that:
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GENERAL PROVISIONS
CONSULTANT has agreed in 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 requirements as outlined in and attached as Attachment A - Responsibilities 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 parties agree to work together on
the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to
perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner
consistent with good design practice and will exercise the degree of skill and diligence normally employed by
professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any
services not meeting this standard without additional compensation.
AMENDMENTS TO AGREEMENT
Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments
must be fully executed by both the CONSULTANT and CITY to be valid.
REDUCTION IN REQUIRED SERVICES
If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as
described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits
shall accrue to the CONSULTANT.
DATE CHANGES
If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services
are to be completed are provided and if such periods of time or dates are changed through no fault of
CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and
seals of both parties hereto.
TIME OF COMPLETION
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The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. I
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This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligatetl
funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this i
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.
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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.
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.
BINDINGS
It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors,
executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and
assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall
assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto.
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations and agreements, either written or oral.
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DEFINITIONS
Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the
following meanings:
Agreement Execution - means the date on which 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.
CONSULT ANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this
Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by reference.
Contract Time - means the period of time stated in this Agreement for the completion ofthe Work.
Program Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison between the
CITY and the CONSULT ANT for all matters pertaining to this Agreement, including review of 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 part of the
Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, I
design, workmanship, labor and any other services or things necessary to the successful completion of the proje1t,
assigned to or undertaken by CONSULTANT under this Agreement.
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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:
1. Agreement - Including Attachments
2. General Conditions
3. Supplemental Conditions - Including Task Orders
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GENERAL CONDITIONS
1. 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 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.
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 such
servIces.
All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT
under this agreement are indicated in a personnel listing attached hereto as Attachment C - Listing of Key Personnel
and incorporate herein by reference. No changes or substitution shall be permitted in the 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 charJ of
supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey d*ta.
Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Bbard
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of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT land
responsible for the work prescribed by this Agreement. I
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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 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 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 ofthe CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of
the work conducted under this Agreement shall not be presented publicly or published without prior approval in
writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the CONSULTANT
without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement
without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the
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
CONSULT ANT acknowledge that all records relating to this Agreement and the services to be provided under the
contract may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.).
CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for
inspection and copying as provided by law.
8. 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 '
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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. i
9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this
Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this
Agreement, CONSULTANT will be given the opportunity to commence correction of obligation within 5 days of
written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as
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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.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The consultant
shall be paid for any validated services under this Contract up to the time of termination.
11. COORDINATION AND COOPERA nON WITH OTHER UTILITIES AND CONSULTANTS
CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the submitted
roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully
cooperate with such other CONSULTANT(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 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 CONSULT ANT, its
subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These
indemnities shall not be limited by reason of the listing of any insurance coverage.
14. INSURANCE
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The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effedt an
insurance policy(s) that will ensure and indemnify both the CITY, and Program Manager against liability or fin~ncial
loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, ~r
omission of the CONSULT ANT 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.
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The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries,
including those resulting in death to anyone person, and in an amount of not less than One Million
($1,000,000) Dollars on account of anyone occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages
on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field
notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance - in an of not less than One Million ($1,000,000) Dollars or an amount that
correlates to the aggregate fee on the project should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance
coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable
except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for
worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall
be filed with the Director at the time of the execution of this Agreement.
15. PROHIBITED INTERESTS
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 CONSULT ANT 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 ofthe 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.
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16. SUBCONTRACTING ,
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The CONSULT ANT shall not subcontract any part of the work covered by this Agreement or permit subcontrac~ed
work to be further subcontracted without the CITY's prior written approval ofthe subcontractor. The CITY wil' not
approve any subcontractor for work covered by this Agreement that has not been recommended for approval by the
Program Manager. I
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All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this
Agreement.
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17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations,
benefits, liabilities or other interest under this Agreement without the written consent of the CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the 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 raw materials.
19. DRUG FREE WORK PLACE
CONSULT ANT shall be responsible for insuring that its employees shall not be involved in any manner with the
unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace.
For purposes of the policy, "workplace" is defined as CITY owned or leased property, vehicles, and project or client
site. Any violation of the prohibitions may result in discipline and/or immediate discharge.
CONSUL T ANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute
conviction for workplace violation.
CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when
good business practices would dictate.
20. ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall be paid
unconditionally and not less often than once a month without deduction or rebate on any account except only such
payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable
"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 resp:ect 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 I
relating to all matters covered by this Agreement. I
The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaiI?ing
to costs incurred on the Project and used in support of its proposal and shall make such material available at all I
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
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at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements
it may make with any subcontractor, assignee, or transferee.
22. OWNERSHIP. PUBLICATION. REPRODUCTION AND USE
All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the
CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or
in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of
authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of
documents and materials without the CONSULTANT's knowledge and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after
the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall
such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the
terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in
Article 3 above.
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:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30901
CONSULTANT:
CRANSTON, ROBERTSON & WIDTEHURST, P.c.
452 Ellis Street
Augusta, Georgia 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INe.
360 Bay Street
Augusta, GA 30901
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
J AUGps1J. ~W~(CITy)
~ BY'~ ~
it PRINTED NAME ,3.. ' t......,
TITLE: MA YOR
CRANSTON, ROBERTSON & WHITEHURST, P.c.
SY: \).. ~' lJJ~
PRINTED NAME: Dennis 1. Welch. P.E.
TITLE: Vice- President
.,;;1. .- '.
Arnst.CLERK'::,: .
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DATE:
DATE:
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Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
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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, ifany, 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 part ofthe 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
Condition 14 - Insurance.
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CITY'S RESPONSIBILITIES
CITY-FURNISHED DATA
CITY will provide to CONSULT ANT all data in CITY's possession relating to CONSULT ANT's services on
the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the
information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all property owners or occupants of the intent to enter properties for the
purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall
discuss with and receive approval from the CITY prior to sending notices of intent to enter private property.
Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the
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
support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such
Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to
this AGREEMENT, will be reimbursed as additional services.
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ATTACHMENT A - SCOPE OF SERVICES
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PROJECT DESCRIPTION: See attached proposal dated August 14,2003, which is incorporated herein in
its entirety bv reference.
DESIGN OBJECTIVES: See attached proposal dated August 14,2003.
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ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY
under the terms of this Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and
accompanied by all support documentation requested by the CITY, for payment for the services, which were
completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have
the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or
a part thereof, as determined solely by the CITY, are 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.
..t When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it
~.lt~ agrees to pay the CONSULTANT for work completed, 011 tI,C basis oft11c st,uldald billillg lates shown in
IJfJ.f (}J) Attachment D to tLc ContJ.act OftI,OSC Plineipals alId elllployccs ellgag.::.d dilectly on the ~Olk. the lump sum
lr fee as mutuallv agreed.
-# Compensation for design services shall be in voices based OIl the SUI,l of all actual costs il1GUlled iII tk
1~~pclfolll1al1ce oft11e ~olk, including all diICet, paylo11, ovelall and plofit cost in an all10unt Ilot-to-cxcccd the
f1J.tl riJ COlllpclIsation set forth ill allY autl,ol iz:ed Task 01 del. All in voices submitted by the CONSULTANT shall be
I detailc.d to Idkct illGUlled expenses, labol hours and eosts by autllol iz:ed Task. the lump sum fee as stated in
the proposal referenced in Attachment A and dated August 14,2003.
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 ofthe
scheduled work in writing.
17 of 22
REVISION DATE: FEBRUARY 5, 2001
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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.
Project Manager Dennis J. Welch, P.E.
Project Engineer Scott Williams
Land Surveyor 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.
~
19 of 22
REVISION DATE: FEBRUARY 5,2001
Detailed Scope of Services based upon Attachment A of this Agreement to be submitted with Cost
Proposal clearly defining the CONSULTANT'S understanding of the project limits, design
objectives and CONSULTANT'S services to be provided.
Cost Proposal that will include cost of the Study and Report Phase requested in the CITY's Request
for Proposal.
Schedule for submittal of review documents at 30%, 60%, and 90% completion; and final
documents.
Prior to submitting 30% review documents:
181 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. ~ fJ,19
Provide CITY with information on the project site(s), including the following: ...,~w ~
· Past and present use of the land (spccifically idcntify any laltdfillillg activitics ilt thc alca);
identify any nearby designated wetlands ~ (J,D/J&../
· Soil type(s) -'D~vJ T.~
DOJiIIg, Icsult5 when IcquiJ(:d by CONSULTANT fOI IIC~ facilities OJ wkle dcptn ofliltc and
existiltg site conditions ~alla!Jt.
· Brief description of the area (e.g., residential, commercial, industrial) including general slope of
the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number
of properties affected and number of easements required with property owners identified
· Identification of potential problems in meeting design objectives.
181 Site Plan (If Required)
Throughout project:
181 Prepare printed responses to comments received from the CITY following reviews.
181
181
181
181
~
CONSULTANT SERVICES
As a part ofthis Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
181
D
181
181
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 submit 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 submittal of
Final documents. Provide cost breakdown for any items to be lump sum in the construction contract.
Upon completion of design:
181
181 Coordinate with the City Purchasing Department to advertise the project.
181 Fax bid information to CITY.
181 Attend bid opening.
20 of 22
REVISION DATE: FEBRUARY 5, 2001
~
181 Prepare letter of recommendation for award of the contract.
181 Attain contractor's/other signatures on the contract documents and forward to the CITY.
181 Invite attendees to, and conduct, the pre-construction meeting.
181 Provide clarification related to the plans/specifications throughout design and construction.
181 Provide record drawings (from contractor's as-builts) at completion ofthe project electronically, per the
Utilities Design Standards and Specifications (latest version).
181 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 (line of communication will be
construction contractor to resident observer to CONSULTANT to CITY)
. Provide clarification of plans and specifications throughout construction
. Revise/update plans and/or easement plats as changes occur that require resubmittal to DOT/other
agencies.
AUGUSTA UTILITIES DEPARTMENT
i~A "
~
.N~ N1A if U,~t--!.>
CRANSTON, ROBERTSON & WmTEHURST, P.C.
8Y:~__ ~ ~.W~
BY:
PRINTED NAME:
PRINTED NAME: Dennis J. Welch, P.E,
TITLE:
DIRECTOR
TITLE: Vice-President
DATE:
ql(f,~3
DATE: 4\} l'1. , O~
~:2M 1llL4x1~
PRINTED NAME: c;e~f1(: R. j:)tlY~
TITLE: .:))~'pe.. Iy H-f7/"l,.)fl'I ~;Vfle/"
DATE: ~/tiu
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.
21 of 22
REVISION DATE: FEBRUARY 5, 2001
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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.
22 of 22
REVISION DATE: FEBRUARY 5, 2001
.~
Cranston, Robertson & Whitehurst, P.C.
ENGINEERS PLA.:mERS SURVEYORS
J, CRAIG CRANSTON, P,E" R.L,S,
THOMAS H, ROBERTSON, P,E"A.J.C,p,. RLS
ELDRIDGE A. WHITEHURST. JR., P,E,
JAMES B, CRANFORD. JR.. P,E,
DENNIS J, WELCH, P,E,
SCO'IT p, M, GODEFROY, P,E,
OLD ENGINE COMPANY NO, 1 POST OFFICE BOX 2546
452 ELLIS STREET AUGUSTA. GEORGIA 30903,2546
TELEPHONE (706) 722-1588
TELECOPIER (706) 722.8379
E-~WL CRWPC@CRWPC,COM
August 14, 2003
JOHN T, ATIAWAY. RL,S,
WAYNE SWANN. P,E,. R.LS,
KYLE G, BAXLEY
JACOB E, LAJo;G
J, DAN'\.. MOULTON
JAMES M, SII'GLETON
BOBBY M, USRY
JASON M. WHINGHTER
D, SCO'IT WILLIAMS
Augusta Utilities Department
c/o CH2M Hill
360Bay Street, Suite 100
Augusta, Georgia 30901
Attention: Larry Scott, P.E.
Re: Spirit Creek Pump Station and Force Main
Bond Project No. 80500
Our File No. 2003-259
Dear Larry:
In accordance with your request, we are pleased to offer the following proposal for
accomplishing the necessary surveying, engineering and pipe investigation services associated with
the design of the Spirit Creek Pump Station and Force Main.
GENERAL
The first aspect of this project will be the use of Digital Scanner Evaluation Technology
(DSET) to evaluate the existing 36-inch concrete sewer that runs along Spirit Creek from Highway
56 to the Spirit Creek Wastewater Treatmant Facility. The remainder of the project will consist of
the design of a new wastewater pumping station and force main along Highway 56 and Doug
Barnard Parkway to reroute flows in excess of the permitted 2.2 million gallons per day from the
Spirit Creek Wastewater Treatmant Facility to the lB. Messerly Wastewater Treatmant Facility.
The pipe evaluation portion of the project will be perforn1ed by a team of subcontractors
headed by Total Maintenance Solutions and will consist of cleaning, bypass pumping and digitally
scanning approximately 4,500 linear feet of existing 36-inch concrete sanitary sewer along Spirit
Creek from Highway 56 to the Spirit Creek Wastewater Treatment Facility.
The Spirit Creek Pump Station will be constructed on Highway 56 near Spirit Creek. The
pump station will be capable of housing four, 350 horsepower pumps and will be designed to
accommodate a future gravity flow sewer from the Horseshoe Bend service area that is to be
designed by others. The force main from the Spirit Creek Pump Station will be a 30-inch ductile
iron pipe and will run in a northerly direction along Highway 56 and the Doug Barnard Parkway or
similar route to the J.B. Messerly Wastewater Treatment Facility.
Mr. Larry Scott, P.E.
August 14, 2003
Page 2
SCOPE OF 'VORK - Spirit Creek Sewer Evaluation:
In general, we will furnish an internal condition assessment of approximately 4,500 linear
feet of the existing 36-inch concrete sewer along Spirit Creek from Highway 56 to the Spirit Creek
Wastewater Treatment Facility. Specifically, we propose to:
1) review applicable drawings and plans to be provided by the Client, coordinate suitable
access and disposal sites with the Client and attend up to two (2) meetings with the
Client;
2) provide, install, maintain and operate up to five (5) bypass pumping operations of
approximately 1,000 feet each. Bypass pumping system will onlybe operated during on-
site working hours;
3) perfonn heavy or light cleaning and debris removal for up to 4,500 linear feet as required
to remove material from the interior of the pipeline sufficiently to allow inspection ofthe
interior of the pipe using DSET;
4) perfonn root removal and joint cleaning for up to 4,500 linear feet of pipeline;
5) perfonn DSET inspection and evaluation of the interior of up to 4,500 linear feet of
pipeline and produce a written and digital report that presents the findings.
Services that are not included in this scope of work and that shall be provided by the
City or others include the following:
1) providing access to the pipeline and manholes as needed to perform the work as
described above. City shall ensure that access roads or easements are sufficient to allow
the mobilization of equipment to and from the work areas;
2) site restoration or repair of the existing access roads, easements or other properties;
3) preparation of penn its, reports or documents required by local, state or federal agencies.
SCOPE OF '\I0RK - Pump Station and Force Main:
We propose to provide field surveys of the proposed pump station site and force main route
in sufficient detail to locate the roads, fences, driveways, drainage structures, and all visible
improvements along the route. These surveys will also include locating existing utility lines based
on field marks and maps furnished by the utility owners. These utilities will include power, gas,
water, sewer, telephone, and CATV.
Mr. Larry Scott, P.E.
August 14, 2003
Page 3
It is anticipated that the pump station and force main will be bid and constructed under two
separate contracts. Therefore, we will prepare two separate packages of engineering plans,
specifications, and contract documents for the pump station and force main, including the required
structures and appurtenances. Initially, we will identify a proposed site for the pump station and
prepare a preliminary route layout of the force main for your review and approval. Upon your
approval of the site and general route, we will perform the detailed field surveys and prepare
preliminary design plans showing horizontal and vertical alignments, structures, and miscellaneous
details for your review and comments. Based on your comments, we will prepare and submit final
design plans and specifications for your review. Also, at this time, we will complete and forward
any required utility permits, encroachment permits, wetlands permit and buffer variances to the
appropriate federal or state governing authorities, and provide ancillary drawings as requested by
these agencies.
Drawings will be prepared in ink on mylar film at an appropriate scale. We can also furnish
the drawings 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 property and/or easement that may be
required for the construction of the pump station and force main.
We propose to furnish the following bidding and construction phase services for both the
pump station and force main contracts: preparing a schedule for bidding, preparing bidding
documents, assisting you with securing bids from qualified 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 as it progresses to observe the general
quality, furnishing written reports of the observations made during each visit, coordinating with the
project engineer and inspector provided by the City/CH2M Hill, administering appropriate progress
meetings, issuing instructions to the contractor, reviewing shop drawings, reviewing the contractor's
monthly applications for partial payment, determining the amounts owing to the contractor,
interpreting the contract documents and technical specifications, consulting as necessary with the
City-County authorities and their representatives concerning their requirements, making a final
inspection to determine whether or not the work has been completed substantially in accordance with
the plans and specifications, preparing digital construction as-builts from information provided by
the contractor, and reviewing the contractor's application for final payment.
FEE PROPOSAL
Our fee for the evaluation of the existing Spirit Creek Sanitary Sewer will be a not to exceed
sum ofS167,270.00.
Our fee for the surveying and design of the pump station and force main will be a lump sum
of $532,000.00. Based on a construction cost estimate of 59,400,000.00, this fee represents 5.66
percent.
Mr. Larry Scott, P.E.
August 14, 2003
Page 4
We have also included a fee for the estimated number of easement plats required for the
construction of the pump station and force main. The total fee could be broken dovv'D by project
phase as follows:
Site Selection & Preliminary Route Layout
Preliminary Design and Route Surveying
Final Design and Centerline Survey
2-Bidding Phases
2-Construction Phases
Pump Station & Force Main Design Fee
(5%)
(35%)
(35%)
(5%)
(20%)
$
$
$
$
$
$
Existing Pipe Evaluation using DEST
Easement Plats (Estimate 19 @ $350.00/ea)
Total Fee
$
$
$
26,600.00
186,200.00
186,200.00
26,600.00
106,400.00
532,000.00
167,270.00
6,650.00
705,920.00
We expect to submit periodic invoices covering the design work as it progresses and to receive
payment within thirty days thereafter.
TIME OF COMPLETION
We are prepared to begin work at your direction and expect to complete the proposed services
in accordance with the enclosed schedule dated August 7, 2003. Allowing for the modest
intermediate review times shown in the schedule, we would expect to present you with the
completed plans ready to advertise for bids within approximately 13 months of the Notice to
Proceed.
We 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.
~-
~
~,W~
Dennis J. Welch, P.E.
DJW:thw
cc: Max Hick, Augusta Utilities Department
G"IAA-CORRESPOSDENCru003.03-259 spirit creek pump SIOt;,n and force main\PROPOSALIPropos.18-14.03,wpd
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