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HomeMy WebLinkAboutOne Source Development LLC Augusta Richmond GA DOCUMENTNAME:ONG S()U-t'ZOG b~~BLa>p1'Y-H~,JT J LLc.. DOCUMENT TYPE: A~ (2.BE. ty) ~rJl YEAR: 8'5C)l\ BOX NUMBER: ;) 4 FILE NUMBER: t 1503 NUMBER OF PAGES: ;)(p I I I I I I I I I I I I I I }~ffi-17$LJ3 STATE OF GEORGIA RICHMOND COUNTY CONSULT ANT: PROJECT: DATE EXECUTED: DA TE COMPLETED: . . MAJOR PROTECTS CONSUL T ANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND ONESOURCE DEVELOPMENT, LLC (CONSULT ANT) ONESOURCE DEVELOPMENT, LLC 50134 - Meadowbrook Drive Area Sewer Improvements August 3, 2004 \. -/' I' 10F25 REVISION DATE: June 2004 ". CERTIFICA TE OF LIABILITY IN'SURANC~NE~6~~ 181 - ACORD. DATE (MMlDDIYY) 08/27/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A & E ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Jim Anderson & Co. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 121 Langley Dr AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lawrenceville GA 30045 Phone: 770-962-4111 Fax:770-339-2062 INSURERS AFFORDING COVERAGE INSURED INSURER A. ST PAUL FIRE & MARINE INS CO INSURER B. ST. PAUL GUARDIAN INS CO One Source Develop'ment, LLC INSURER C SECURITY INS CO OF HARTFORD Mr. George McDavia 4210 ColUmbia Road, suite 16-A INSURER 0 Martinez GA 30907 I INSURER E. ~ " COVERAGES THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING MlY REOUIREMENT. TERM OR CONDITION OF N'lY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE I'FFORDED BY THE POliCIES DESCRIBED I-'J:REIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS NV CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN WW HAVE BEEN REDUCED BY PAID CLAIMS ''tM TYPE OF INSURANCE POLICY NUMBER OAT{r'M'MiD'Dmr DATE (MMlDDIYY) LIMITS GENERAL LlABlLITY EACH OCCURRENCE $1,000,000 - A ~ COMMERCIAl. GENERAL LIABILITY BK01947105 08/18/04 08/18/05 FIRE DAMAGE (Anyone lire) $300,000 - b CtAlMS MADE ~ OCCUR MED E.XP (Anyone person) $10,000 PERSONAL & NJV INJUlY $1,000,000 - GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT Pf>PLIES PER: PRODUCTS, COMP/OP AGG $2,000,000 I POliCY n j~ n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ~ N'lY AUTO BK01947105 08/18/04 08/18/05 (Ea accidenl) $1,000,000 ALL OWNED AUTOS BODIL Y INJURY f- $ SCHEDU.ED AUTOS (Per person) '-- ~ HIRED AUTOS 80DIL Y INJURY $ ~ NON-OWNED AUTOS (Per accldanl) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 N'lY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ =.J OCCUR o CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION N'lD X I ToR~ L7~ITS I IUE~ B EMPLOYERS' LIABILITY WVA7720557 06/0J./04 06/0J./05 $J.,OOO,OOO E L. EACH ACCIDENT E L DISEASE - EA EMPLOYEE $J.,OOO,OOO E L. DISEASE. POLICY LIMIT $1,000,000 OTHER A Professional XSE'0237J.27 05/07/04 05/07/05 Ea. Claim $J.,OOO,OOO Liability Aggregate $1,000,000 DESCRIPTION OF OPERATlDNSILOCATlONSNEHlCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB #OS-03034 For Professional Liability, aggregate limit is total insurance available for claims presented within policy period for all operations of insured. Limit will be reduced by payments of indemnity and/or expenses. I CERTIFICATE HOLDER ul N T ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ! AUGUST7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~XPlRATlON Augusta-Richmond Utilities DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAY~ WRITTEN Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 360 Bay Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR suite 180 Augusta GA 30901 REPRESENTATIVES. AUTHO~RESE~E K I ACORD 25-5 (7/97) ~ACORD CORPORATION 1988 I I I I I I I I I I I I I I I - ST A TE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULT ANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND ONESOURCE DEVELOPMENT, LLC (CONSULT ANT) This Agreement is made and entered into this 3rd day of August, 2004 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and ONESOURCE DEVELOPMENT, LLC 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: 50134 - Meadowbrook Drive Area Sewer Improvements; and, WHEREAS, the CONSULT ANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that: 2 OF 25 REVISION DATE June 2004 I I I I I I I I I I I I I . GENERAL PROVISIONS CONSULTANT has agreed, in this 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 - Scope of Services and other relevant data defining the Project. CONSULT ANT COORDIN A TION 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. CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT: 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. 3 OF 25 REVISION DATE: June 2004 I I I I I I I I I I I I I I I - - - TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this Agreement. However, CONSULT ANT will be compensated for all work prior to termination of contract even if the CITY has obligated. the funds to other projects. PROJECT PROGRESS CONSULT ANT'S services and compensation under this Agreement have been agreed to m anticipation of the orderly and continuous, progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULT ANT 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 CONSULT ANT by the CITY except suits or claims between the parties to this Agreernent will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULT ANT 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 ~ONSULTANT 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 CONSULT ANT and supersedes all prior negotiations, representations and agreements, either written or oral. 4 OF 25 REVISION DATE June 2004 I I I I I I I I I I I I I I 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 CONSULT ANT 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 CONSULT ANT under this Agreement. CITY -means a legal entity AUGUST A, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period 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 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 CONSULT ANT 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 CONSULT ANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULT ANT under this Agreement. 5 OF 25 REVISION DATE: June 2004 ~: I I I I I I I I I I I I I I I ;:~~:'\ 'T\ ~-'~! .--- "I ., CroIlCIi< CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the" Agreement"). 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 25 REVISION DATE June 2004 I I I I I I I I I I I I I GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULT ANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 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 CONSULT ANT'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 CONSULT ANT'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 se"rvices 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. i i The CONSULTANT shall employ only persons duly registered in the appropriate category if' responsible charge of supervision and design of the work. The CONSULT ANT shall endorseap reports, contract plans, and survey data. Such endorsements shall be made by a person dul~ 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 CONSULT ANT and responsible f6r the work prescribed by this Agreement. 7 OF 25 REVISION DATE: June 2004 I I I I I I I I I I I I I I I 5. ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONSULT ANT shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULT ANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULT ANT, but should any such information be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 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 Ge~rgia' s Open Records Act (O.c.G.A. S 50-18-70, et seq.). CONSULT ANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. lURISDICTION i The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULT ANT with regard to its interpretation and performance, and any other claims related to this agreement. I ! All claims, disputes and other matters in question between CITY and CONSULT ANT arising out 9f or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court o,f 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. 8 OF 25 REVISION DATE: June 2004 I I I I I I I I I I I I I 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONSULT ANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULT ANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULT ANT will be given the opporh.lI1ity 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 CfTY, shall constih.lte cause for termination. The CITY shall thereupon have the right to terminate this Agreement by' giving written notice to the CONSULT ANT 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 CONSULT ANT. 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 COOPERATION WITH OTHER UTILITIES AND CONSULTANTS CONSULT ANT 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 c;1dditional related work, the CONSULT ANT shall fully cooperate with such other CONSULT ANTs 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 conunit 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 employ'ees or bona fide establishe~l commercial or selling agencies maintained by CONSULT ANT for the purpose of securing business and that the CONSULTANT has not received any non-CfTY fee related to this Agreement withodt the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall hav!e the right to annul this Agreement without liability or at its discretion to deduct from the Agreemerlt Price of consideration the full amount of such commission, percentage, brokerage or contingent fet';. I 9 OF 25 REVISION DATE June 2004 (: I I I I I I I I I I I I I I I I . !!!!!! - - 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 nnder this Agreement. These indenmities 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 maintaim'd in force. and effect an insurance policy(s) that will ensure and indemnify both the CITY, and ProgralTl 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 in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is m effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULT ANT 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 accotmt of anyone occurrence. C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages on acconnt 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 amount 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 CONSULT ANT s liabilities hereunder in insurance coverage's identified in items (b) and (c). I The policies shall be written by a responsible company(s), to be approved by the CITY, and shall IDe noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall namt' tJ)t. CITY as co-insured, except for worker's compensation and professional liability policies, and a COt?)' of such policy or a certificate of insurance shall be filed with the Director at the time of t~t' execution of this Agreement. 10 OF 25 REVISION DATE June 2004 I I I I I I I I I I I I I I I I I I I 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 CONSULT ANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior \.vritten 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 CONSULT ANT 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 CONSULT ANT agrees as follows: (1) the CONSULT ANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULT ANTwiIl, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employme~t without regard to race, creed, color, sex or national origin; (3) the CONSULT ANT 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 ariy 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 11 OF 25 REVISION DATE June 2004 I I I I I I I I I I I I I I I I I I I owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or inunediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULT ANT 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 unde.r 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 CONSULT ANT hereby promises to comply "vith 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 als.o 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 CONSULT ANT 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 ma.ke such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 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, disclos,e, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materi~ls 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 materi~ls without the CONSULTANT's knowledge and written consent. i I I 23. VERBAL AGREEMENT OR CONVERSATION i , I I 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 12 OF 25 REVISION DATE: "June 2004 I I I I I I I I I I I I I I I I I I I 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 CONSULT ANT 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 CONSULT ANT 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 A UGUST A, GEORGIA 530 Greene Street Augusta, GA 30901 CONSULTANT: ONESOURCE DEVELOPMENT, LLC 4210 Columbia Road Suite 16-A Martinez, G A 30907 Copy to: DIRECTOR A UGUST A UTILITIES DEPARTMENT 360 Bay Street Augusta, GA 30901 PROGRAM MANAGER: AUGUSTA PROGRAM MANAGER CH2M HILL, INC. 360 Bay Street Augusta, GA 30901 13 OF 25 REVISION DATE: June 2004 {j I I I I I BY: ~PRINTED NAME: I ~ AS ITS: MAYOR I I I I I ~ IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: AUG AS ITS: '-~I :,- _ ~. --+ /1 E:~~<<,;r:< '~(jnnif . ::~4~--:'__j" '." -: ~ Clerk of Comlnissioil -'.: r:" :> ./--." .- -+ . -' -," ;r~ ~_ ......'~ ..; ;><Ji,. 4 S...;; ~/;" - ~~ ~ __ _ __"4!'- c--.....'_ DATE: J.. tr,: ., . t!;~:. - Copy To: DIRECTOR AUGUST A UTILITIES DEPARTMENT 360 Bay Street Augusta, GA 30901 CONSULT AN..l"'~ ONE SOURcECI~ ~0UKCWD~pPMm;r'LLC BY:~ .~ PRINTED NAME: R. Nelson Williams, P.E. AS ITS: PRINCIPAL MANAGER ~ PRINTED NAME: Patricia B. Bolton AS ITS: Office Administrator DATE: August 27, 2004 14 OF 25 REVISION DATE: June 2004 I I I I I I I I I I I I I I I I I I I CONSULTANT'S RESPONSIBILITIES CONSULTANT, in order to determine the requirements of the Project, shall review the information in Attachment A - Scope of Services. CONSULT ANT shall review its understanding of the Project requirements with Program Manager and shall advise CITY of additional data or services which are not a part of CONSULT ANT's services, if any, 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 CONSULTANTS requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project ~ctivities 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 urtder this Agreement. Refusal by the CONSULT ANT to submit progress reports and/ or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in the regard. The CITY's review recommendations shall be incorporated into the plans by the CONSULT ANT. CONSULT ANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 - Insurance. 15 OF 25 REVISION DATE. June 2004 I I I I I I I I I I I I I "~""""" /~~' II ..~,',\ I-~.' ~~...,.:! ~>' C(OR(.Vo ' CITY'S RESPONSIBILITES CI1'Y-FURNISHED DATA CITY will provide to CONSULT ANT all data in,CITY's possession relating to CONSULT ANT's services on the PROJECT. CONSULT ANT will reasonably rely upon the accuracy, timeliness, .and completeness of the information provided by CITY. RIGHT TO ENTER The CONSULTANT will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONSULT ANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULT ANT, the CITY will provide the necessary documents identifying the CONSULT ANT 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 CONSULT ANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSULT ANT'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 maruler. PROMPT NOTICE CITY will give prompt written notice to CONSULT ANT vvhenever CITY observes or bt'conws aware of any development that affects the scope or timing of CONSULT ANT's Services, or uf any defect in the work of CONSULT ANT or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any vva~. with the PROJECT. <, LITIGATION ASSISTANCE ' The Scope of Services does not include costs of CONSULT ANT for required or reques1ted assistance to support, prepare, document bring, defend, or assist in litigation undertaken: or defended by CITY. All such Services required or requested of CONSULT ANT by CITY, exceptl for suits or claims between the parties to this AGREEMENT, will be reimbursed as additiojnal services. I I I . 16 OF 25 REVISION DATE June 2004 I I I I I I I I I I I I I I I ATTACHMENT A - SCOPE OF SERVICES 17 OF 25 REVISION DATE: June 2004 v I I I I I I I I I I I I . PROJECT 50134 MEADOWBROOK DRIVE SEWER Page 1 of 2 PROPOSAL jOrPROFESSIONAL CONSUL TING SERVICES Date: July 9, 2004 (This proposal is good for 60 days from the above date) Project: 50134 - Meadowbrook Drive Sewer Proposal No: AUD-50134 SCOPE of SERVICES PROJECT DESCRIPTION: Survey work, easement plats, design, construction plans, & contract documents for approximately 14,200 LF of 8" & 10" sanitary sewer line to serve un-sewered areas in the vicinity of Meadowbrook Drive. Properties to be served include those fronting on or adjacent to the following roads: · Meadowbrook Drive · Baldwin Drive · Prince Road · Bullock Avenue · Byron Place · Surry Street · Craven Street DESIGN OBJECTIVES: The sanitary sewer system will be designed in such a manner as to provide gravity flow disposal of sewage for existing properties in the project area(s), as practicable, while adhering to both sound engineering convention and to the standard design specifications set forth by the City of Augusta Utilities Department. I Where public roads and associated infrastructure are disturbed, the design shall provide for tl;1e repair and improvement to such facilities, and shall include the re-paving of affected roadway surfaces. Existing water mains less than 6" will be upgraded; transite water mains will l;>e replaced. I I Where private property is affected, the designer will strive to nunmuze the adverse impact associated with underground utility installation. All disturbed improvements to property will be replaced in-kind. Land Planning - Consulting Engineering - Surveying - Environmental Services - Stormwater Management e PROJECT 50134 MEADOWBROOK DRIVE SEWER Page 2 of 2 . . OneSource Development, LLC will prepare plans in accordance with Georgia EPD's NPDES General Permit requirements and will address erosion, sedimentation and pollution control. OneSource Development, LLC will prepare Notice of Intent (NOI) and inspect BMP's after initial clearing occurs. OneSource Development, LLC will complete wetland delineations (if so required) and prepare any permits necessary for execution by the AVO. I I I I I I I I I I I I I I I I I SCHEDULE FOR PERFORMANCE: 30% Submittal Tentative Design Based on GIS and County Data ..........................................4 Weeks Review. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Weeks 60% Submittal Preliminary Design Based on Field Survey; ................................................. .14 Weeks Preliminary Contract Documents; Easement Plats Review.. ........... ......... ... .... ..... ... ...... ... ... ............... ............... ....4 Weeks 90% Submittal Final Design and Bid Package ........................................................................... 6 Weeks Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ..4 Weeks 100% Submittal Advertise for Bids.. ... ..... ... ... ...... ... ...... ...... ....... ...... ... ......... ......4 Weeks FEES: Surveying Complete (incl. Easement Plats) Engineering (Design, Plans & Contract Documents) Engineering Services During Construction (Estimate 2 days/mo at $500.00/ day for 6 mo. construction time) TOT AL (Lump Sum) $ 20,000.00 $ 100,800.00* $ 6,000.00 $ 126,800.00 Additional easement plats (if needed) $ 350.00 ea * Based on ASCE Compensation Curve B, median compensation for basic services expressed as a percentage of construction cost for projects of average complexity. Preliminary construction cost estimate of project is $1.8 million, compensation percentage is 5.6%. OFFERED BY: ACCEPTED BY: AUTHORIZED AGENT DATE: Land Planning - Consulting Engineering - Surveying - Environmental Services - Stormwater Management I I I I I I I I I I I I I I 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 CONSULT ANT 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 deterrruned 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 CONSULT ANT 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 CONSULT ANT for work completed, on the basis of the standard billing rates shown 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 the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONSULT ANT shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. I Overtime may be performed at the discretion of the CONSULT ANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULT ANT has requested acceleration of the scheduled work in writing. . . - 20 OF 25 REVISION DATE: June 2004 I I I I I I I I I I I I I I I I I I I 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: R. NELSON WILLIAMS, P.E. Project Manager, Design Engineer GEORGE D. MCDAVID, CPESC, CEM Environmental Specialist, Designer ROBERT L. HERRINGTON, Jr., RLS Surveyor RANDELL E. COOK, PLS Surveyor " . OMA YRA DEL RIO Engineering Technician BOBBIE J. BLACKWELL CAD Specialist BRIAN J. GRAHAM CAD Manager LISA LOVETT Technician 21 OF 25 REVISION DATE: June 2004 ~ I I I I I I I I I I I I I I I I I I I ATTACHMENT D - SCHEDULE FOR PERFORMANCE CONSULTANT shall provide deliverables in accordance with the following schedule: 1) 300/0 Submittal....................... .......................... .... .................................. ..........4 Weeks * Preliminary design based on GIS maps and AUD data showing tax parcels, horizontal alignment of impacted properties, proposed sewers, and anticipated easements, soils data, national wetland inventory, FEMA plain information, topographic contours on 5' interval. Preliminary construction cost estimate. AUD Review........... ............................ ... .... ...... ... .... ............ .......... 4 weeks 2) 600/0 Su bmittal.................................................................................. ...........14 Weeks ** Intermediate design based on field-run survey showing refined alignment, preliminary profiles, detailed topography with existing utilities, pertinent spot elevations and contours on 2' contour interval. Applications to Public Works, EPD, Corps of Engineers, GADOT, etc., as required. Intermediate construction cost estimate. Easement plats. A UD Review................................................................................. 4 weeks 3) 900/0 Submittal: .............................................................................................. 6 Weeks ** Final design drawings reflecting revisions addressing review comments, contract documents;. specifications and permit documentation. AUD Review... ............................... .......................... ..................... 4 weeks 4.. 1 000/0 Submittal:...................... ...................................................................... 4 weeks * * 12 sets final bidding documents, electronic files of complete package (AutoCAD, MS Word). * from Notice-to-Proceed ** from A UD Notice of Acceptance of Previous Submi ttal 22 OF 25 REVISION DATE: June 2004 I I I I I I I I I I I I I CONSULTANT SERVICES As a part of this Agreement the CONSULT ANT agrees to furnish the following checked items. Prior to Authorization To Proceed: o 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 CONSULT ANT'S services to be provided. o 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. o Schedule for submittal of review documents at 30%, 60%, and 90% completion; and final documents. Prior to submitting 30('l'\) review documents: o Locate all existing utilities using available information collected by the CONSULT ANT. The CITY will furnish available information on water and sewer locations however the CONSULTANT must verify to CITY'S satisfaction. o Provide CITY with information on the project site(s), including the following: . Past and present use of the land (specifically identify any landfilling activities in the area); identify any nearby designated wetlands . Soil type(s) . Boring results when required by CONSULT ANT 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. o Site Plan (If Required) . ii Throughout project: o Prepare printed responses to comments received from the CITY following reviews. bZl Provide the necessary plats for easement acquisition and DOT/other permit application. o Prepare Public Works/DOT /Other permit applications for signature by the CITY. : o Prepare and submit plans to EPD for review and approval ."hen required. ! bZl Prepare plans and specifications, using Augusta Utilities Design Standards and Specificatiuns I (latest version). Specifications must mirror that provided by the CITY. i bZl Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the I submittal of Final documents. Provide cost breakdown for any items to be lump sum in thf? construction contract. . I I I I . . 23 OF 25 REVISION DATE June 2004 I - I I I I I I I I I I I I I Upon completion of design: III Coordinate with the City Purchasing Department to advertise the project. !ill Fax bid information to CITY. ~ Attend bid opening. b2] Prepare letter of recommendation for award of the contract. ~ Attain contractor' s/ other signatures on the contract documents and forward to the CITY. !!lI 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 Uh'lih'es Design Standards and Specificah'ons (latest version). I!lI 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. CITY: CONSULTANT: AUGUST A UTILITIES DEPARTMENT BY: 1/. ti!cf~ /'I,l!h-x f)/~J?5 PRINTED NAME: PRINTED NAME: R. Nelson Williams, P.E. TITLE: DIRECfOR DATE: 9/3 k4-- I TITLE: PRINCIPAL MANAGER DATE: August 27, 2004 AM MANAGER ED NAME: ,iA~ !2'~h fCr L~ ~ TITLE: f:-P.jr4M ~U,-t E'~Jnee.r DATE: '1/~/oi 24 OF 25 REVISION DATE: June 2004 I ~ I ADDITIONAL SERVICES: I 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. I 2. Revisions due to incorrect locations of existing utilities by the CONSULT ANT (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. I I 3. Out-of-town meetings or conferences required of the CONSULT ANT by the CITY. 4. Other not described above, as approved by the CITY. I 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, 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. I I I I I I I I I I I 25 OF 25 REVISION DATE: June 2004 I i!