HomeMy WebLinkAboutHwy 56-24" Water Main Johnson, Laschober & Associates, P.C.
Augusta Richmond GA
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NUMBER OF PAGES: ~ :,
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ST A TE OF GEORGIA
RICHMOND COUNTY
CONSULTANT:
DATE EXCECUTED:
DATE COMPLETED:
ST ATE OF GEORGIA
AUGUSTA
)4 11
/tc;8'7--
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA (CITY)
AND
CONSULTANT
PROJECT: 10120 - HWY 56 24-inch Water Main
Johnson, Laschober & Associates, P. C.
Novernber14,2003
DATE: SEPTEMBER 12, 2003
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STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT: Johnson, Laschober & Associates, P. C.
PROJECT: 10120 - HWY 56 24-inch Water Main
DATE EXCECUTED: November 14, 2003
DATE COMPLETED:
STATE OF GEORGIA
AUGUSTA
2 OF 16 DATE: SEPTEMBER 12.2003
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MAlOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA" GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this ~day of ~ 2003 by and between AUGUSTA,
Georgia, a political subdivision of the State ~rgia, hereinafter called the "CITY" and Johnson,
Laschober and Associates, P.e. a Corporation authorized to do business in Georgia, hereinafter called
the "CONSULTANT."
WHEREAS, the CrTY desires to engage a qualified and expenence consulting firm to furnish
professional services for
Project: Horsepen Phase 2 Sewer Collection System; Project No: 50202, to include the following:
Design Phase Services for 32,000 linear feet of trunk and collector sewer, and
Bidding and Construction Phase Services for up to 32,000 linear feet of trunk and collector sewer for
the first phase jf project is constructed in phases; and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to
provide the services contained herein and the CrTY 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:
PAGE 20F16
DATE: SEPTEMBER 12, 2003
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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.
CONSUL T 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 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
adjuSbnent.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the
hands and seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule.
30F 16
DATE: SEPTEMBER 12,2003
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This Agreement shall terminate immediately and absolutely at such time as appropriated and othenvise
obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the
CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to
termination of contract even if the CITY has obligated the funds to other projects.
PROJECT PROGRESS
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.
40F 16
DATE: SEPTEMBER 12, 2003
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DEFINITIONS
VVherever used in this Agreement, whether in the singular or in the plural, the following terms shall have
the follov\Ting 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 "'it\Tork pursuant
to this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by reference.
Contract Time - means the period of time stated in this Agreement for the completion of the Work.
Program Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison
between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review
of CONSULT ANTis plans and work.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having
a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part
of the Work called for by this Agreement.
Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by
CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement
Price or the Contract Time, issued after execution of this Agreement.
Task Order - means a written order specifying a Scope of Services, time of completion and compensation
limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as
part of the Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the successful
completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement.
5 OF 16
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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
6 OF 16 DATE: SEPTEMBER 12, 2003
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GENERAL CONDITIONS
1. CO:MJ\1ENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY,
and herein described in this Agreement as Attachment A shall be commenced upon receipt by the
CONSULTANT of a written Task Order authorization. The effective date of services shall be defined in
each Task Order authorization.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULTANT under this Agreement 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 ovvn 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 qualilied 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
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.
70F 16
DATE: SEPTEMBER 12, 2003
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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 of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and
findings of the work conducted under this Agreement shall not be presented publicly or published without
prior approval in writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the
CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for
termination of this Agreement without indemnity to the CONSULTANT, but should any such information
be released by the CITY or by the 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. S 50-18-70, et
seq.). CONSULTANT shall coorporate fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law.
8. TURISDICTION
The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with
regard to its interpretation and performance, and any other claims related to this agreement.
All claiins, disputes and other matters in question behveen 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.
80F16
DATE: SEPTEMBER 12, 2003
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9. TERNllNATION 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 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 thereot 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. TER1\1INATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated services under this Contract up to the time of termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
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 CONSULTANTs and the CITY employees or appointed committee(s), and
carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT
shall not commit or permit arty 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 cO:m.rrlercial or selling agencies
maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not
received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For
breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability
or at its discretion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
13. . RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees
from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from
the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work
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under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance
coverage.
14. INSURANCE
The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program Manager against
liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of
any negligent error, act, or omission of the CONSUlTANT during the term of this Agreement.
The CONSUlTANT shall provide, at all times that this agreement is in effect, Worker's Compensation
insurance in accordance with the laws of the State of Georgia.
The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not
less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries,
including those resulting in death to anyone person, and in an amount of not less than One Million
($1,000,000) Dollars on account of anyone occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from
damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings,
field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance - in an of not less than One 11illion ($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 initerns (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 certilicate 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.
10 OF 16 DATE: SEPTEMBER 12, 2003
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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, v.rithout the written
permission of the CITY except as may otherwise be provided for herein.
16. SUBCONTRACTING
The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit
subcontracted work to be further subcontracted without the CITY1s prior written approval of the
subcontractor. The CITY will not approve any subcontractor for work covered by this Agreement that has
not been recommended for approval by the Program Manager.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in
this Agreement.
17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights,
obligations, benefits, liabilities or other interest under this Agreement without the written consent of the
CITY.
18. EQUAL ENIPLOYMENT OPPORTUNITY
During the performance of this Agreement the CONSULTANT agrees as follows: (1) the CONSULTANT
will not discriminate against any employee or applicant for employment because of race, creed, color, sex
or national origin; (2) the CONSULT ANT will, in all solicitations or advertisements for employees placed
by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or
national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by the Agreement so that such provision will be bineting 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
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 property,
vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or
immediate discharge.
CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug
statute conviction for workplace violation.
CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated,
or when good business practices would dictate.
20. ANTI-KICKBACK CLAUSE
11 OF 16 DATE: SEPTEMBER 12, 2003
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Salaries of architects, drafters, engmeer'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 vvith all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts
covering work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the
CONSULTANT shall make available to the CITY and/ or audit representatives of the CITY for examination
all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY
and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs incurred on the Project and used in support of its proposal and shall make such material
available at all reasonable ~es 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 v-.rith 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.
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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:
ADMINISTRA TOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30901
CONSULTANT:
Johnson Laschober & Associates
1296 Broad Street
Augusta, GA 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street
Augusta, GA 30901
130F 16
DATE: SEPTEMBER 12.2003
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
CONSULTANT
BY: /Z4.J. L~
PRINTED NAME: RlC~ARD T. LASCHOBER
TITLE: PRESIDENT
. ... .- ~
DATE: .,,\({~~~~
:\""",,~
DATE:
/f1jO 3
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
140F 16
DATE: SEPTEMBER 12,2003
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CONSUL T ANT'S RESPONSIBILITIES
CONSULT Al\1T , 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.
PROTECT 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 of the project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expendability, and any budgetary limitations. CONSULTANT may request from the CITY to
furnish data, reports, surveys, and other materials that may be relied upon in performing
CONSULT ANTIS services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the
project activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps arid 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.
CONSUL T ANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
PAGE 15 OF16
DATE: SEPTEMBER 12,2003
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CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all property owners or occupants of the intent to enter
properties for the purpose of accomplishing work in accordance with the practices of the CITY.
The CONSULTANT shall discuss with and receive approval from the CITY prior to sencling
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 othenvise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT
construction. .
TIMELY REVIEW
CITY will examine CONSULT ANTis studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULT ANT whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONSULTANTls 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.
16 OF 16
DATE: SEPTEMBER 12, 2003
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ATTACHMENTS
Attachment A - Scope of Services ......................................... A-I thru A-4
Drawings .............................................................................................. P-l
Attachment B - Compensation................................................ B-1 t~u B-8
Attachment C - Key Personnel.............................................................. C-l
Attachment D - Schedule for Performance.......................... D-l thru D-2
REVISION DATE: SEPTEMBER 12, 2003
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ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
Project: :HVvY 56 24-inch Water Main Water Improvement; Project No: 10120
Project Area: The HWY 56 24-inch Water Main project area consists of the following:
1) The connection to and extension of a 24-inch diameter water main beginning on the east
side of HWY 56 for approximately 11,000 lineal feet to a tie -in to the existing water
main located on the north side of Tobacco Road at HWY 56.
2) The connection to an existing sanitary sewer located on the west side of HWY 56 at
Dixon Airline Road and extension of a sanitary sewer east serving properties on either
side of Dixon Airline Road for a distance of approximately 1300 lineal feet. The sanitary
sewer extension involves approximately 2,600 lineal feet of 8-inch diameter sanitary
sewer.
3) Above items 1) and 2) are depicted on Drawing P-1 of Attachment B - Compensation.
Design Phase Seroices for the following:
1) Approximately 11,000 lineal feet of 24-inch diameter water main along HWY 56 from T's
Restaurant to Tobacco Road. This portion of the project involves road crossings at.
Marvin Griffin Road and Dixon Airline Road and a stream crossing of Butler Creek.
Also, coordination with the power company regarding a major utility tower with guy
lines may be required depending on routing.
2) Approximately 2,600 lineal of 8-inch diameter collector sanitary sewer from HWY 56
east serving properties along Dixon Airline Road. This portion of the project involves
road crossings of HWY 56 and Dixon Airlines Road.
Bidding and Construction Phase Seroices for approximately 11,000 lineal feet of 24-inch
diameter water main along HWY 56 from T's Restaurant to Tobacco Road and approximately
2,600 lineal of 8-inch diameter collector sanitary sewer from HWY 56 east serving properties
along Dixon Airline Road to be bid and constructed as one project with separate bid tabulation
sheets.
Additional Basic Services to be provided within the design phase time frame include
environmental services (wetlands delineation and assistance related to permitting), soil borings
and preparation of easement plats.
DESIGN OBJECTIVES:
Design a water supply transmission line as a major upgrade to the water distribution system
and a wastewater collection system to provide service to the existing and future residents of the
Dixon Airline Road area.
A-1
DATE: SEPTEMBER 12,2003
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ATTACHMENT A - SCOPE OF SERVICES
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to ~uthorization To Proceed:
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Detailed Scope of Services based upon Schedule 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 surveying, design, preparation of construction
plans and specifications, and other services requested in the CITY's Request for Proposal.
Schedule for submittal of review documents at 30%, 60%, and 90% completion; and final
documents.
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Prior to submitting 30% review documents:
~ Locate all existing utilities using available information collected by the CONSULTANT.
The CITY will fumish available information on water and sewer locations however the
CONSULTANT must verify to CONSULTANT'S satisfaction.
~ . Provide CITY with information on the project site(s), including the following:
· Past and present use of the land (specifically identify any landfillingactivities in the
area); identify any nearby designated wetlands
· Soil type(s)
· Boring results when required by CONSULTANT for new facilities or where depth of
line and existing site conditions warrant.
· Brief description of the area (e.g., residential, commercial, industrial) including general
slope of the land, and whether trees, signs, etc. will be in conflict with the new
facilities. Include number of properties affected and number of easements required
with property owners identified
· Identification of potential problems in meeting design objectives.
~ Site Plan (If Required)
Throughout project:
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Prepare printed responses to conunents 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 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.
A-2
DATE: SEPTEMBER 12, 2003
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ATTACHMENT A - Scope of Services
Upon completion of design:
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Coordinate with the City Purchasing Department to advertise the project.
Fax bid information to CITY.
Attend bid opening.
Prepare letter of recommendation for award of the contract.
Attain contractor's / other signatures on the contract documents and forward to the CITY.
Invite attendees to, and conduct, the pre-construction meeting.
Provide clarification related to the plans/ specifications throughout design and
construction.
Provide record drawings at completion of the project electronically, per the Utilities Design
Standards and Specifications (latest version).
Provide Services During Construction as follows:
· Attend project meetings as scheduled by the CITY
· 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
BY: -f/l/cfU
PRINTED NAME: tI, ,;fA. X. /I, ct:-5
CONSUL T ANT
BY J32{ J. L~
PRINTED NAME: RICHARD T. LASCHOBER
TITLE: DIRECTOR
DATE: flf7~3
TITLE: PRESIDENT
DATE: /0+/03
PROGRAM MANAGER
BY ~~4
PRINTEDN~ ~....,< &-
TITLE: ~-- ~I"I/f:_
DATE: '4/ 14-;/01
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A.3
DATE: SEPTEMBER 12,2003
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ATTACHMENT A - SCOPE OF SERVICES
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-tovm 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 CONSULT ANT 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. It is expected that such professionals ",ill act as a faithful agent for the CITY as a client It is the
duty of the CONSULT A1\TT to protect the safety, health and welfare of the public in the performance of their
professional duties.
A-4
DATE: SEPTEMBER 12,2003
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~~ ~ L '-J>~ ~c-' ~ ij ATTAaIENT A - SC(Il[ <F SElMCES
:\ '\ ~ PRO.ECT 10120
I - ~1I ~ c:J ~ ~ ~ "HAY 58 - 24- WA1ERl.K EX1ENSIC*
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LANDSCAPE ARCHITECTS ,11. ~ ~~ ~ \ \ \ l "<\ r; ~
1296 BROAD ST., AUGUSTA, GEORGIA 30901 ~ ~- J '1 "/
I PHONE: (706) 724-5756 ~ ~ ~ ~ t./) '/, ~7 / / ( ~
FAX: (706) 7243955 -.. "\0"-.... \. /l~'l / (\\ /"xI~
~ lJ IW.JIU~ ') ~ JMf:<' ~ )1) 'I ",' ,,- ~/ ,\~ V (/ill/ 1~ ~
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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 considered to be evidence of performance by
the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the
CITY of the service covered by such invoice. The CITY shall pay any undisputed items
contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may
inhibit execution of the work. The 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, on the basis of the standard
billing rates shovvn in Attachment B to the Contract of those principals and employees engaged
directly on the work.
Compensation for design services shall be invoices based on the sum of all actual costs incurred
in the performance of the work, including all direct, payroll, overall and profit cost in an
amount not-to-exceed the compensation set forth in any authorized Task Order. All invoices
submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and
costs by authorized Task.
Overtime may be performed at the discretion of the 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. .
B.1
DATE: SEPTEMBER 12, 2003
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ATTACHMENT B - COMPENSATION - Fee Proposal
ATTACHMENT B - COMPENSATION - Fee Proposal
J~
ENGINEERS. DESIGNERS. CONSULTANTS. LANDSCAPE ARCHITECTS
PROPOSAL #: 205
DATE: 9/12/03
To:
Larry Scott, Program Manager
CH2MHill
Augusta, GA
By: 0 PHONE 706-303-2426
o FAX 706- 312-4133
o EMAIL Iscott@ch2m.com
RE: Project - 10120 - HWY 56 Water Main
SUBMITTED By: Richard J. Laschober, P.E.,
Project Manager
PARTICULARS:
I. Project Scope (Reference appended drawing P-1):
A. Design a 24-inch diameter water transmission line as a major
improvement to the existing water distribution system.
1. The project will require a routing analysis involving determination
of optimum location along HWY 56 with respect to existing utilities,
road and stream crossings, and easements.
2. Other items requiring special consideration are possible
abandonment of existing water main and re-connection of existing
water services. .
3. The project involves approximately 11,000 lineal feet of 24-inch
diameter ductile iron pipe water main.
B-2
DATE: SEPTEMBER 12, 2003
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4. Easements - Approximately 16 permanent and/or temporary
easements may be required.
B. Design a wastewater collection system to serve customers located
along both sides of Dixon Airline Road from HWY 56 east along Dixon
Airline Road approximately 1,300 lineal feet.
1. The project involves approximately 2,600 LF of 8-inch diameter
sanitary sewer line including a bore and jack of HWY 56.
2. Estimated service laterals serving existing and future properties-
14.
3. Easements - Approximately 12 permanent and/or temporary
easements may be required.
II.
Basic Professional Services and Compensation (See appended Attachment A - Scope
of Services):
A. Engineering
1. Perform field survey for approximately 11,000 LF of 24-inch water
main and 2,600 LF of 8-inch sanitary sewer.
2. Prepare bid documents (constructions drawings and specifications
for approximately 11,000 LF of 24-inch water main and 2,600 LF
of 8-inch sanitary sewer). Provide separate bid tabulations for the
water main and sanitary sewer portions of the project.
3. Provide necessary permitting related to GA DOT utility
encroachments (both parallel to HWY 56 and for crossings of
HWY 56, coordination with a major power company utility pole
installation and wetlands encroachment related to a stream
crossing of Butler Creek, etc.
4. Provide bid and construction phase services for approximately
11,000 LF of 24-inch water main and 2,600 LF of 8-inch sanitary
sewer. Total Engineering Fee - Lump Sum $65,000.
B. Wetlands and Permitting (by OORE Property Sciences):
1. Delineate wetlands at stream crossing of Butler Creek
B-3
DATE: SEPTEMBER 12. 2003
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2. Provide permit preparation, submittals and coordination.
Permitting is assumed to occur within the limitations of Nationwide
Permit 12.
3. Work to be performed on a time and expense basis not to exceed
$3,500.
C. Soil Borings (By QORE Property Sciences):
1. Provide 5 soil borings to a depth of 8 feet along the water main
portion of the project and 2 soil borings at an average depth of 12
feet throughout the sanitary sewer portion of the project area to
provide an adequate representation of sub-surface conditions in
the bid document and to aid in determining contingency quantities
(over-excavation, refill, bedding, and select backfill) in the bid
tabulation.
2. Work to be performed for a Lump Sum of $1,600.
D. Easements (By William R. Gore Professional Land Surveyors, Inc. for
water main and George L. Godman & Associates for sanitary sewer):
1. Research and prepare up to 18 easement plats for the water main
and up to 14 easement plats for the sanitary sewer for permanent
and/or temporary (construction) easements.
2. Work to be performed on a time and expense basis not to exceed
$10,700.
B4
DATE: SEPTEMBER 12, 2003
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I B-5
E. Total Compensation for Basic Professional Services:
1. Engineering (See line item 1.A.4, above) $65,000
2. Wetlands Delineation & Permitting (See line item I.B.3, above)
3,500
1,600
10,700
$80,800
3. Soil Borings (See line item I.C.2, above)
4. Easements (See line item 1.0.2, above)
5. Total Fee
Listing of Key Personnel (See appended Attachment C)
Schedule for Performance (See appended Attachment D)
,
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DATE: SEPTEMBER 12, 2003
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ATTACHMENT B - COMPENSATION - Fee Proposal
ATTACHMENT B - COMPENSATION - Fee Proposal
Fee Schedules for Additional & Special Services
JOHNSON, LASCHOBER & ASSOCIATES (ENGINEERING SERVICES)
Principal.............. ... .................. .......... .......... ....... ....... .............. ................. $142.00/Hr.
Sr.Engineer / Sr. Project Manager............................................................ $125.00/Hr.
Engineer / Sr. Project Manager... ............ ........................ ... ... ......... $1 OO.OO/Hr.
Engineer / Assistant Proj. Manager .......................................................... $ 80.00/Hr
Landscape Architect................................................................................. $ a5.00/Hr.
Landscape Designer....... ........ ......... .......... ....... ................. ............. ..... ..... $60.00/Hr.
Engineer. ......... ............. ........................ ..... ........................................ ........ $ 70.00/Hr.
Designer..... ..... .................. ........ ....... .................................. ....... ................ $ 65.00/Hr.
Jr. Engineer... . ..... ............ ..... .................... ... ........... ..... .................. ........... $ 50.00/Hr.
Cad Operator......... ..... ...... ............................... ........ ................. ................. $ 57.00/Hr.
Jr. Cad Operator ....................................................................................... $ 50.00/Hr.
Land Planner. ......... .......... ........... ............. ....... ............... .......... ................. $ 50.00/Hr.
Clerical. ......... ................... ........... ............. .......... ...... ...... .......... ................. $ 35.00/Hr.
PLUS
EXPENSES... ..
Printing - 24 x 36......................................................................................$ 3.00 ea.
- 30 x 42..................................................................................... $ 5.00 ea.
- 8-1/2 x 11 ................................................................................ $ O. 15 ea.
Long Distance Telephone Calls................................................................ $ 5.00 ea.
Express Postage....................................................................................... $ 25.00 ea.
Mileage................................ ................. ...................... ...................... ....... $ 0.36 mile
All following sub.contract work for Outside Services
to be marked up 15%
B-6
DATE: SEPTEMBER 12, 2003
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ATTACHMENT B - COMPENSATION - Fee Proposal
Fee Schedules for Additional & Special Services
QORE, INC. (SPECIAL SERVICES - ENVIRONMENTAL & GEOTECHNICAL
SERVICES)
Environmental Technician, ..................................................................................... $ 40.00 per hour
Senior Environmental Technician, .......................................................................... $ 55.00 per hour
Staff Environmental Scientist, ................................................................................ $ 75.00 per hour
Project Environmental Scientist, ............................................................................. $ 85.00 per hour
Senior Environmental Scientist ............................................................................... $ 95.00 per hour
Chief Environmental Scientist, ............................................................................... $ 125.00 per hour
For time spent in Depositions and/or Court Appearances
Multiply ~bove rates by 1.5
Secretarial. and Drafting Services for Report Preparation....................................... $ 35.00 per hour
CADD Services ........................................................................................................ $ 45.00 per hour
Report Reproduction ................................................................................................. $ 0.25 per page
(initial three copies at no charge)
Special Printing or Blueprinting Charges ......................................................... Actual Cost plus 25%
Mileage....... ..... ................... ...... ............................................. ........... ........................... $ 0.50 per mile
Overnight Expenses..................................................................................... $ 85.00 person, per day
WILLIAM R. GORE PROFESSIONAL LAND SURVEYORS, INC. (SPECIAL SERVICES -
PROFESSIONAL SURVEYING) -WATER MAIN
Easements (temporary and/or permanent) to be provided as follows:
Large acreage tracts (5 acres and larger):........................................ $47 5/each
Small lots and tracts (Under 5 acres): ....................................... ........ $350/each
8-7 DATE: SEPTEMBER 12. 2003
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GEORGE L. GODMAN & ASSOCIATES (SPECIAL SERVICES - PROFESSIONAL
SURVEYING)
Easements (temporary and/or permanent) to be provided as follows:
Large acreage tracts (2 acres and larger): .......................................................$225/each
Small lots and tracts (Under 2 acres): ..............................................................$140/each
B-8
DATE: SEPTEMBER 12, 2003
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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:
Richard J. Laschober Project Manager Johnson, Laschober & Associates
Gary Bennett Project Engineer Johnson, Laschober & Associates
Robin Tarpley Jr. Engineer Johnson, Laschober & Associates
Cristo R. Eclavea Sr. Designer Johnson, Laschober & Associates
Gary Wood Sr. Designer Johnson Laschober & Associates
William R. Gore Professional Land Surveyor William R. Gore Professional Land
Surveyors, Inc.
George L. Godman Professional Land Surveyor George L. Godman & Associates
James A. McRacken, Jr. Senior Environmental Scientist OORE, Inc.
Peny E. Dukes P.E. , Branch Mgr. OORE, Inc.
C-1
DATE: SEPTEMBER 12.2003
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A IT ACHMENT D - SCHEDULE FOR PERFORMANCE
D-1
DATE: SEPTEMBER 12,2003
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