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HomeMy WebLinkAboutMaptech Inc and Augusta Ga Augusta Richmond GA DOCUMENT NAME: (Y\ApTE~H I T(\)C A-N~ AU5l)~;A I bA" DOCUMENT TYPE: (\~ Rt::" 8fT) e. rJ T YEAR: J.... CO L\ BOX NUMBER: d. L\ FILE NUMBER: 1 ry S-- b \ NUMBER OF PAGES: \0 CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND MAP TECH, INe. {jJ'1/ ~ J VL.y This Agreement is made and entered into this .20 day of..Qetotm-, 2004, by and between Augusta, Georgia, hereinafter called the "City" and MapTech, Inc., a Corporation authorized to do business in Georgia, hereinafter called the "Consultant." Whereas, the City desires to engage a qualified and experienced consulting firm to furnish professional services for: Bacterial Source Tracking, Water Quality Assessment, and Revision of Existing Total Maximum Daily Load Implementation Plans to Abate Non-Point Source Pollution Within Rocky and Butler Creek Drainage Basins, Augusta, Georgia 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 the Consultant shall provide the professional services of the Project (see Scope of Services). Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 AMOUNT OF CONTRACT It is agreed that the compensation hereinafter specified to perform the services (see Scope of Services) required by this Agreement includes both direct and indirect costs chargeable to the proj ect. Consulting Services: $167,280.00 The maximum obligation of the City to the Consultant under the terms of this Agreement shall be: $167,280.00 Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 2 GENERAL CONDITIONS RIGHT TO ENTER The Consultant shall notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing surveys or other field investigations in accordance with the practices of the City. The Consultant shall discuss with and receive approval from the Augusta Public Works & Engineering Department prior to sending said notices of intent to enter private property. Upon request by the Consultant, the City will provide the necessary documents identifying the Consultant as being in the employ of the City for the purpose described in the Agreement. If the property owner or occupant denies the Consultant permission to enter, such incident will be reported to the City and the City will initiate such action as is dictated by current policy and procedure. ACCURACY OF WORK The Consultant shall be responsible for the accuracy of the work and shall promptly correct its errors and omissions without additional compensation. 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. ENGINEER Director of Public Works & Engineering or duly appointed representative(s) shall act as the Liaison Engineer between the Consultant and the City and all utilities, and authorities or governments whose properties will be affected. All correspondence, data, information, and reports shall be directed to the Director who will provide for proper distribution to the parties concerned. All conferences, including telephone conversations and decisions, shall be reduced to writing by the Consultant and at least two (2) copies shall be forwarded to the Director within seven (7) calendar days of the event. The Consultant shall meet with the City for review of the work or submit in writing a project status update on a monthly basis or as determined by the City. DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered to the City under this Agreement shall be delivered to the City's office, 530 Greene Street, Room 702, Augusta, Georgia 30911, Attention: Garrett Weiss, Environmental Engineer, or at such other place or places as may be subsequently designated by written notice to the Consultant. All written notices, demands, and other papers or documents to be delivered to the Consultant under this Agreement shall be directed to or at such a place or places subsequently to be designated in writing by the Consultant to the City. Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 3 SUPERVISION AND CONTROL The Consultant shall perform the services required to accomplish the work plan as stated above under such control and supervision by the City, as the City may deem appropriate. COVENANT AGAINST CONTINGENT FEES The Consultant shall comply with the relevant requirements of all Federal, State, County, or local laws. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this Agreement. 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 or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. EMPLOYMENT OF COUNTY'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 this Agreement, without the written permission of the City except as may otherwise be provided for herein. REVIEW OF WORK Authorized representatives of the City may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the Consultant, shall be available to authorized representatives of the City for inspection and review at all reasonable times in the main offices of the City. Acceptance shall not relieve the Consultant of its professional obligation to correct, at its expense, any of its errors in work. The Public Works & Engineering Department may request at any time and the Consultant shall produce progress prints or copies of any work as 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 this regard. The City's review recommendations shall be incorporated into the plans by the Consultant. 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 I found to be resulting from the Consultant, its subcontractors, or its agents 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. Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 4 COMPENSATION The City shall compensate the Consultant for services which have been authorized by the City under the terms of this Agreement. The Consultant shall submit to the City a quarterly 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 said invoices for approval. 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 stage 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 services 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. Compensation for services to the City shall be made quarterly, on a time and materials basis. Each invoice must be accompanied with comprehensive backup documentation, including personnel timesheets and work narratives, equipment invoices, subcontractors and vendor statements with proof of payment, and expense receipts. All procurement and invoicing will be conducted in accordance with the provisions specified in 40CFR31.36 - Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments. INSURANCE Prior to beginning work, the Consultant shall obtain and furnish certificates to the City for the following minimum amounts of insurance: 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 than One Hundred Thousand ($100,000.00) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on account of anyone occurrence. C. Property Damage Insurance in an amount of not less than Fifty Thousand ($50,000.00) Dollars from damages on account of any occurrence, with an aggregate limit of One Hundred Thousand ($100,000.00) 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 amount that correlates to the amount of this agreement and nature of the project. Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 5 CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Augusta, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. All claims, disputes and other matters in question between the Owner and the Consultant arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Augusta, Georgia. The Consultant, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Augusta, Georgia. CONTRACT TERMINA nON Pursuant to O.c.G.A. 36-60-13, this Agreement shall terminate absolutely and without further obligation on the part of the City at the close of the calendar year in which this Agreement is executed and at the close of each succeeding calendar year for which the agreement may be renewed by the parties hereto. This Agreement shall nevertheless automatically be renewed unless the City provides written notice to the Consultant of its intention to terminate the Agreement at least thirty days prior to the close of the calendar year for which the Agreement is presently effective between the parties and/or has been renewed by the City. This Agreement shall obligate the City solely for those sums payable during the initial term of execution or in the event of renewal by the City for those sums payable in such individual renewal terms. Notwithstanding the foregoing language, the Consultant agrees to continuously render the professional services specified by the Agreement to the City for such terms or renewal terms as are effective pursuant to this Agreement and for which the City agrees to pay in accordance with the terms of the Agreement or any future amendments thereto. 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. 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. Primary liaison with the City will be through its designee. All of the services required hereunder will be performed by the Consultant under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services. All professional personnel, including subcontractors, engaged in performing services for the Consultant under this agreement shall be indicated in a personnel listing attached hereto. No changes or substitutions shall be permitted in the Consultant's key personnel as set forth herein without the prior written approval of the Director or his designee. The Consultant shall employ in responsible charge of supervision and design of the work only persons duly registered in the Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 6 appropriate category; and further shall employ only qualified surveyors in responsible charge of any survey 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. CONFIDENTIALITY The Consultant agrees that its conclusions and any reports are for the confidential information of the City and that it will not disclose its conclusions in whole or in part to any person 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, reports, maps, data and studies prepared by the Consultant pursuant thereto shall become the property of the City and be delivered to the Director of Public Works & Engineering. The one exception being that all software and analytical methods pertaining to the Bacterial Source Tracking library will remain the intellectual property of the consultant. Analytical results from samples collected in conjunction with establishment ofthe library will be reported to the City. 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 written approval in writing by the City. It is further agreed that if any information concerning the project, its conduct, results, or data gathered or processed 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 written approval, the same shall be regarded as public information and no longer subject to the restrictions of this agreement. Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 7 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of Consultant RECOMMEND FOR APPROVAL: , . ~'; , President "j' _/ 7,':'-_ ({~ Approved: Date 'IO/z-qlr' _,,- -\-:\ [ATIACHED CORPORATE~E-p:'~L] .3'j ~_c , ~\ ~~~,._';':' -_.-~~~~~{ A~. ~'."'r....".- " ,',.~'" 'F"r. " .. ".' '-""F, ,. " I?, ':. _.' . (j Ltf/ Approved: Date /J 71 [ATIACHED CORPORATE SEAL] . . .. ~ ; ATT i'" '."" ~ /.. - , ~,~ , -.... ,'"- ..... Title: COO - Mqpl ec.h / Le. / Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 8 SCOPE OF SERVICES The services to be furnished by the Consultant under this Agreement shall be those necessary for Bacterial Source Tracking, Water Quality Assessment, and Revision of Existing Total Maximum Daily Load Implementation Plans to Abate Non-Point Source Pollution within Rocky and Butler Creek Drainage Basins, Augusta, Georgia. Services shall be provided in accordance with the Scope of Services for each task with the following specific items of clarification: WORK PLAN The Consultant will review and revise the draft project work plan prepared by the Augusta, including the Sampling and Analysis Plan, Quality Assurance Project Plan, and Health and Safety Plan. The QAPP will be developed following guidance in EP A document EP A/600/R- 98/018 entitled "Guidance for Quality Assurance Project Plans" and a QAPP review checklist provided by USEP A, Region 4 Office of Quality Assurance. A draft copy will be submitted within 30-days of contract execution with Map Tech, Inc. and a final copy will be submitted within 30-days of receipt of comments. KNOWN SOURCE LIBRARY The Consultant will determine locations to collect samples from known sources to build a source library. The source classes will include wildlife, human, and livestock for a total of 3 classes. A total of 15 known source samples per class ( 45 samples) will be collected by Augusta personnel in each of the watersheds for a total of 90 known source samples (720 isolates - 8 isolates/sample). The Consultant will use these data to compile the Known Source Library. In the event that initial evaluation of the library indicates that the high average rate of correct classification is too low for a four-way classification, additional known source samples may be collected and analyzed, with emphasis on the most predominant sources. WATER SAMPLING FOR BST ANALYSIS AND FECAL COLIFORM ENUMERATION The sampling plan includes both fixed frequency at 4-week intervals and storm sampling from 5 storm flow events over a 12-month interval. The total number of stream samples to be collected will be 60 (5 stations x 12 sampling rounds) from Rocky Creek and 60 from Butler Creek for a total of 120 samples (2880 isolates - 24 isolates/sample). Storm samples will be collected by Augusta personnel at each site for 5-events. A total of 25- storm flow samples (5 stations x 5 sampling rounds) will be collected from Rocky Creek and 25 from Butler Creek for a total of 50-stormflow samples (1200 isolates - 24 isolate/sample). Samples will be shipped overnight UPS or Federal Express to MapTech Environmental Diagnostics Laboratory, Blacksburg, Virginia for analysis. LABORATORY TESTS/BST ANALYSIS The BST method to be used will be a biochemical-profiling method (i.e. antibiotic resistance analysis). Antibiotic resistance analysis was selected because it has been demonstrated to be a reliable procedure for confirming the presence or absence of human, livestock and wildlife I sources. The analyses proposed tests each isolate on 30 different combinations of antibiotic type and concentration. Confidence in BST techniques will be measured by the level of separation of isolates from known sources, represented as the percentage of isolates that were accurately Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 9 separated into human, livestock and pet sources. Samples will be sent to and analyzed by Dr. Hagedorn, a consultant to MapTech, Inc., who is a microbiologist and co-founder of the ARA methodology. He is a professor of Microbiology in the Crop and Soil Environmental Sciences Department, Virginia Tech University, Blacksburg, Virginia. BACTERIA SOURCE TRACKING ASSESSMENT REPORT The Consultant will prepare a report will to include the following important products: . Spatial and temporal distribution of sources . Statistics on the correct separation rate of known sources . Recommended changes in existing control measures to abate observed fecal problem TMDL IMPLEMENTATION PLAN REVlSION The Consultant will revise existing plans for both watersheds to reflect warranted changes as a result of BST assessment. The revision of the plans will follow EP A and State guidelines for the development of TMDL Implementation Plans. Within the framework of these guide lines, activity related to revision of the plans will emphasize identification and mapping of sources requiring control, determination of existing conditions, estimation of the total load reductions required for each class, identification of appropriate point and non-point source management measures (i.e., BMP recommendations), estimation of technical and financial assistance to implement the plans, preparation of a project schedule, and identification of milestones to track progress. The revised plans will include all the required elements as identified in the section 319(h) grant general guidelines. WATER OUALITY DATABASE The Consultant will prepare a report for the Rocky Creek and Butler Creek water quality assessments, including details regarding field, laboratory, and data interpretation methodology, findings, conclusions, and future monitoring recommendations. All relevant data will be tabulated and presented graphically, as appropriate. REPORTS AND DELIVERABLES The Consultant will prepare the following reports and deliverables to the Augusta: . Revised project work plan . Bacteria Source Tracking Assessment Report for Rocky Creek and Butler Creek (two hardcopies and an electronic copy) for GAEPD and USEP A review and approval . Bacteria Source Tracking Assessment Report for Rocky Creek (two hardcopies and an electronic copy) for GAEPD and USEP A review and approval. . Revised TMDL Implementation Plan to abate observed fecal problem in Rocky Creek watershed (two hardcopies and an electronic copy) for GAEPD and USEP A review and approval. · Revised TMDL Implementation Plan to abate observed fecal problem in Butler Creek watershed (two hardcopies and an electronic copy) for GAEPD and USEP A review and approval. Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 10 . Stream Water Quality Report for Rocky Creek and Butler Creek (two hardcopies and an electronic copy) for GAEPD and USEP A review and approval. . Semi-annual reports according to the format guidelines provided by the GAEPD and/or US EP A . Final Project Closure Report (two hardcopies and an electronic copy) for GAEPD and USEP A review and approval. Augusta Public Works & Engineering Department Professional Services Agreement August, 2004 11 Ij.'; 11 OFFICE OF THE CLERK OF COMMISSION TO: Teresa Smith Public Works and Engineering FROM: Ora Haugabook Clerk of Commission's Office DATE: November 16, 2004 RE: Executed Documents Attached are three (3) original copies. They are as follows: 1. Item #19 - Consultant Services Agreement between Augusta, Georgia and MapTech Inc., Section 319(h) FY03 Nonpoint Source Implementation Grant, approved by the Augusta Commission on March 2, 2004. Attached are executed copies. Please return a copy of the original to the Clerk of Commission's Office for the city's official file. If you have any questions or concerns, please feel free to call me at 706-821-1823. UB:owh Attachments: Item #19 March 2, 2004 Public Works and Engineering Depa~tment Teresa C. Smith, P.E., Director Errick L. Thompson, P.E., Assistant Director Engineering Division Environmental Engineering Section Garrett Weiss, P.G. Environmental Engineer Rm. 701, 530 Greene Street Augusta, Georgia 30911 (706) 821-1706 Fax (706) 821-1708 www.augustaga.gov November 17, 2004 Phillip McClellan MapTech, Inc. 1715 Pratt Drive, Suite 3200 Blacksburg, Virginia 24060 Subject: Notice to Proceed Non-Point Source Watershed Assessments Rocky and Butler Creek Drainage Basins Augusta, Georgia File Reference 04-020 & 04-055(D)8 Dear Mr. McClellan: Attached for your files is a fully executed contract between the City of Augusta and MapTech, Inc. to provide services in conjlinction with Bacterial Source Tracking, Water Quality Assessment, and Revision of Existing Total Maximum Daily Load Implementation Plans to Abate Non-Point Source Pollution within Rocky and Butler Creek Drainage Basins, Augusta, Georgia. Your firm is hereby authorized to proceed with work on the project work plan. Please feel free to contact me at (706) 821-1896 should you have any questions or comments. Sincerely, aaMllf-~~ Garrett D. Weiss, P.G. Environmental Engineer Cc: Teresa Smith, P .E. Files 04-020 & 04-055(D)8