HomeMy WebLinkAboutRae's Creek Relief Sewer
Augusta Richmond GA
DOCUMENT NAME: ~'~e.~ erak- Re) I.d :)evJer
DOCUMENT TYPE' n 0
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YEAR: :J (:Jj \
BOX NUMBER:
FILE NUMBER: } S 3 51
NUMBER OF PAGES: f}..&
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSUL TANT:
Cranston, Robertson & Whitehurst, P.c.
PROJECT:
Rae's Creek Relief Sewer
DA TE EXECUTED:
DA TE COMPLETED: March 20, 2001
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REVISION DATE: FEBRUARY 5,2001
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STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
Th is Agreement is made and entered into this 20th day of March, 2001 by and between
AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and
Cranston, Robertson & Whitehurst, P.C. , a Corporation authorized to do business in Georgia, hereinafter called the
"CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services
for:
The design of a relief sewer for Rae's Creek Trunk Line from Willow Creek Subdivision to the Chafee Park Pump
Station (project description); and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced aild qualified to provide the
services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and
between the CITY and the CONSULTANT that:
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GENERAL PROVISIONS
CONSULTANT has agreed in its Agreement with CITY to procure the services of licensed design professionals to
provide the engineering services required to provide professional engineering and design services for the Project in
accordance with the requirements as outlined in and attached as Attachment A - Responsibilities of the Design
Engineer on Utilities Projects and other relevant data defining the Project.
CONSULT ANT COORDINATION
The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility companies, and
other consultants as directed by the CITY. CITY, CONSULTANT and all relevant parties agree to work together on
the basis of trust, good faith and fair 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-perforln 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 th is Agreement. Amendments
must be fully executed by both the CONSULTANT and CITY to be valid.
REDUCTION IN REQUIRED SERVICES
Ifreductions 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 oftime or dates are changed through no fault of
CONSULTANT, the rates and amounts of compensation provided for herein shall be:subject to equitable adjustment.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and
seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule.
This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated
funds are no longer 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 term ination of contract even if the
CITY has obligated the funds to other projects.
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PROJECT PROGRESS
CONSULTANT'S services and compensation under this Agreement have bee/1 agreed to in anticipation of the orderly
and continuous progress of the Project through completion.
UTIGA TION
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. A II such services required or requested of CONSULTANT by the CITY except suits
or claims between the parties to this Agreement will be reimbursed as additiollal services.
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BINDINGS
It is f1\l1her agreed that the CITY and CONSULTANT each binds itself and t1lemselves, its or their successors,
executors, adm inistrators and assigns to the other party to this Agreement and: to its 0'" their successors, executors and
assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall
assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto.
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior
negotiations, representations and agreements, either written or oral.
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DEFINITIONS
Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the
following meanings:
Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY
to perform the Work.
Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the
CONSULTANT under this Agreement.
CITY -means a legal entity AUGUSTA, Georgia, a political subdivision 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 CONSULTANT for all matters pertaining to this Agreement, including review of CONSUL TANT's
plans and work.
Subcontractor - means any person, firm, palinership, joint venture, company, corporation, or entity having a
contractual agreement with CONS U L T ANT or with any of its subcontractors at any tier to provide a part of the Work
called for by th is 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 pari 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.
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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 contl icting provisions or requ irements in the component parts of th is Agreement, the several
Agreement Documents shall take precedence in the following order:
1. Agreement -lncluding Attachments
2. General Conditions
3. Supplemental Cond itions - I ncluding Task Orders
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GENERAL CONDITIONS
I. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSU L T ANT 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 wi II be the
level of care and that is ordinarily used by members of CONSU L T ANT'S profession practicing under sim ilar
cond itions.
3. CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performed hereunder. 'AII 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
Agreem ent.
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. PERSONN EL
The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to
complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY.
All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all
personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such
services.
All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT
under this agreement are indicated in a personnel listing attached hereto as Attachment C - Listing of Key Personnel
and incorporate herein by reference. No changes or substitution shall be permitted in the CONSULTANT's Key
Personnel without the prior written approval of the CITY or his designee.
The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible 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 CONSU L T ANT and
responsible for the work prescribed by this Agreement.
5. ACCURACY OF WORK
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The CONSU L T ANT shall be responsible for the accuracy of the work and shall promptly correct errors and
omissions in its plans and specifications without additional compensation. The CONSULTANT shall give immediate
attention to these changes so there wi II be ami n im um 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 del ivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of
the work conducted under this Agreement shall not be presented publicly or published without prior approval in
writing of the CITY.
I t is further agreed that if any information concerning the PROJ ECT, should be released by the CON S U L T ANT
without prior approval from the CITY, the release of same shall constitute grounds fc(r term ination of th is 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 th is 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 cooperate fully in responding to such request and making all re.cords, not exempt, available for
inspection and copying as provided by law.
8. JURISDICTION
The la,>v of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with regard to its
interpretation and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and CONSU LT ANT arising out of or relating to the
Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The
CONSULTANT, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County
and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia.
9. TERMINATION OF AGREEMENT FOR CAUSE
rfthrough 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, CONS U L T ANT wi II be given the opportunity to commence correction of obi igation with in 5 days of
written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as
proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall
constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving
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written notice to the CONSULTANT of such termination, and specitying the effective date thereof, at least five (5)
days before the effective date of such term ination. In such event, all finished or unfinished documents, maps, data,
studies, work papers and repol1s 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 CONSU L T ANT.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in pal1 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 identity 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 CONSUL TANT(S) and the CITY employees or appointed committee(s), and carefully fit
its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or
permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY
employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that no person or selling agency has been employed or\etained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies maintained by
CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY
fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty,
the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the
Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT shall be responsible for any and all damages to propel1ies 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 CONSU L T ANT, its
subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These
indemn ities shall not be I im ited by reason of the I isting 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 ofthe 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. .,
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The CONSULTANT shall provide, at all times that this Agreement is in effect, Insunlnce with limits of not less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Publ ic Liabi I ity Insurance - in an amount of not less that One Mill ion ($1,000,000) Dollars for inj uries,
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 Dama!?,e Insurance - in an amount of not less than One Mill ion ($1,000,000) Dollars from damages
on account of an occurrence, with an aggregate limit of One Mill ion ($1,000,000) Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field
notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance - in an of not less than One Million ($1,000,000) Dollars or an amount that
correlates to the aggregate fee on the project should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance
coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable
except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for
worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall
be filed with the Director at the time ofthe execution of this Agreement.
IS. PROHIBITED INTERESTS
15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest,
direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder.
The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest
shall be employed.
15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or persons in the
employ of the CITY for any work required by the terms of the Agreement, without the written permission of
the CITY except as may otherwise be provided for herein.
16. SUBCONTRACTING
The CONSU L T ANT shall not subcontract any part of the work covered by th is Agreement or perm it subcontracted
work to be further subcontracted without the CITY's prior written approval of the subcontractor. The CITY will not
approve any subcontractor for work covered by this Agreement that has not been recommended for approval by the
Program Manager.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this
Agreement.
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17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations,
benefits, I iabi I ities or other interest under this Agreement without the written consenfof the CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (I) the CONSULTANT will not
discriminate against any employee or applicant for employment because ofrace, creed, color, sex or national origin;
(2) the CONSULTANT will, in all sol icitations or advertisements for employees placed by qualified applicants,
receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the
CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts:for any work covered by the
Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision
shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.
19. DRUG FREE WORK PLACE
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 controll~d substance in the workplace.
For purposes ofthe 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
Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall be paid
unconditionally and not less often than once a month without deduction or rebate on any account except only such
payroll deductions as are mandatory by law. The CONSULTANT hereby prom ises to comply with all applicable
"Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall
make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to
all matters covered by th is Agreement. It shall also perm it the CI TY and/or representatives of the aud it, exam ine and
make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
The CONSULTANT shall maintain all books, documents, papers, accounting records. and other evidence pertaining
to costs incurred on the Project and used in support of its proposal and shall make such material available at all
reasonable times during the period of the Agreement, and for three years from the date: of final payment under the
Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request
at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements
it may make with any subcontractor, assignee, or transferee.
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22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE
A II documents andm aterials prepared as an instrument of service pursuant to th is 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 verba' 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 appe;.nded hereto as prescribed in
Alticle 3 above. .,
24. INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing
contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement
shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent,
employee, or representative of the CITY.
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall
be addressed as follows:
CITY:
ADMINISTRA TOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 3090 I
CONSULTANT:
CRANSTON, ROBERTSqN & WHITEHURST, P.c.
452 Ellis Street
Augusta, Georgia 3090 I
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 3090 I
PROGRAM MANAGER:
AUGUSTA PROGRAM MANAGER
CH2M HILL, INC.
360 Bay Street
Augusta, GA 3090 I
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
A ITEST CLERK:
DA TE:
Copy To:
DJRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
BY:
TITLE: President
DATE:
~eIt ~ 200/
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT, in order to determine the requirements of the Project, shall review the information in
Attachment A - Responsibilities of the Design Engineer on Utilities Projects. CONSULTANT shall review
its understanding of the Project requirements with Program Manager and shall advise CITY of additional
data or services which are not a part of CONSULTANT's services, 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
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, repolts, surveys, and other materials that may be
relied upon in performing CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the project activities
and data collected under the Agreement and amendments thereto. All reports, drawings, studies,
specifications, estimates, maps and computation prepared by or for the CITY in assoc:ation with this
Agreement shall be subject to review.
The CITY Illay 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 recolllmendations shall be incorporated into the plans by the CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the insurance limits as specified in General
Condition 14 - Insurance.
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CITY'S RESPONSIBILITIES
CITY-FURNISHED DATA
CITY will provide to 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 entel. properties for the
purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall
discuss with and receive approval from the CITY prior to sending notices of intent to enter private property.
Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the
CONSULTANT as being in the employ CITY for the purpose described in the Agree~llent.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and land,
easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction.
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and
other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as CITY deems appropriate; and render in writing decisions required by CITY
in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of any
development that affects the scope or timing of CONSULTANT's Services, or of any defect in the work of
CONSU L T ANT or construction contractors.
CITY'S INSURANCE
CITY will maintain propeliy insurance on all pre-existing physical facilities associated in any \'lay with the
PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of CONSULTANT for required or requested assistance to
supp0l1, 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 claim~ between the parties to
this AGREEMENT, will be reimbursed as additional services.
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ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION: See attached proposal dated January 9, 2001, which is incorporated herein in
its entirety by reference.
DESIGN OBJECTIVES: See attached proposal dated January 9, 200 I.
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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 th is Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and
accompanied by all support documentation requested by the CITY, for payment for the services, which were
completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have
the right to reject payment of any invoice or part thereof if not properly supported, or.i f the costs requested or
a pal1 thereof, as determined solely by the CITY, are unreasonably in excess of the aCtual phase of
completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided
that the approval or payment of any such invoice shall not be considered to be evidence of performance by
the CONSU L T ANT to the point indicated by such invoice, or of receipt of acceptance by the CITY of the
service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work accomplished for
each phase and any problems, which have been encountered, which may inhibit execl!tion of the work. The
CONSULTANT shall also submit an accurate updated schedule, and an itemized desGription of the
percentage of total work completed for each phase during the billing period.
When the CITY authorizes the CONSU L T ANT to proceed with the work authorized in a Task Order, it
agrees to pay the CONSULTANT for work completed, 011 the basis oftl,c stalldald billillb IdtGS 51,0,"1. ill Q
AttaGldllCI.t 0 to thc COlltlact oftl,osc pI illcipals alld Clllployccs cIIgatsCd dilectly OI~)O~:Jhe IU~2f su~
fee as stated in the proposal referenced in Attachment A dated January 9, 2001. Lf"v- 7/I't 111---
~:";:::~: ~,::~~;~:<d:;~, ~~~~ :~:,~I ~: I;~ c~;: ;~~u ~~~~; It~:~;u~: ~ r. ~~,;~~~::, ~':::~l:::~::;;"~o~~~~~,d 'I~
~~~~~':;,~~:'t ~~~";:d"~~P:;~::,i~~~~I~~ ~~t:'~;;~;,~;:~~~,~' ,II, CCt;:f;;JH %" b.
Overtime may be performed at the discretion ofthe CONSULTANT, but the prem iun, time portion of the
over1ime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the
scheduled work in writing.
17 of 22
REVISION DA~E: FEBRUARY 5,2001
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A TT ACHMENT 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 ,vritten approval of the
CITY. Those personnel committed for this work are as follows:
TITLE NAME
Senior Principal Engineer Thomas H. Robertson, P.E.
Senior Professional Engineer Dennis J. Welch, P.E.
Project Engineer 11 Dwight E. Funderburk, II
Project Engineer J Kelvin G. Oglesby
Land Surveyor 11 John T. Attaway, R.L.S.
18 of 22
REVISION DATE: FEBRUARY 5,2001
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
REFERENCE PROPOSAL:
See Time of Completion in proposal referenced in Attachment A.
(C:~
~~
19 of 22
REVISION DATE: FEBRUARY 5, 2001
o Site Plan (If Required)
Throughout project:
o
o
o
o
o
~
~
~
CONSULTANT SERVICES
As a part ofthis Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
~ Detailed Scope of Services based upon Attachment A of this Agreement to be submitted with Cost
Proposal clearly defining the CONSULTANT'S understanding of the project limits, design
objectives and CONSULTANT'S services to be provided.
~ Cost Proposal that will include cost of the Study and Report Phase requested in the CITY's Request
for Proposal.
o
Schedule for submittal of review documents at 30%,60%, and 90% completion; and final
documents.
Prior to submitting 30'YtJ review documents:
~ Locate all existing utilities using available information collected by the CON~ULTANT. The CITY
will furnish available information on water and sewer locations however the CONSULTANT must
verify to CITY'S satisfaction.
Provide CITY with information on the project site(s), including the following:
:ast ~nd present use of~he land (5"PcG:.fi~ally idGlttify ,dlY lalldfillill~ <Ict(ji)' .. . ilt ti,e <I1?f1j;
Identify ally I.eal by dC51!:;II<1tcd \~(,tlaltd5 '111I p
Soil type(s) ,
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~
,
I.
11--
Brief description of the area (e.g., residential, commercial, industria I) inclu ing general slope of
the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number
of properties affected and num ber of easements required with property owners identified
Identification of potential problems in meeting design objectives.
Prepare printed responses to comments received from the CITY following revie'v"s.
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 Standarcl.y and Specifications (latest
version). Specifications must mirror that provided by the CI TY.
Prepare construction cost estimates at each review stage, 30%, 60%, 90%, an~l with the subm ittal of
Final documents. Provide cost breakdown for any items to be lump sum in the construction contract.
Upon completion of design:
o
o Coordinate with the City Purchasing Department to advertise the project.
o Fax bid information to CITY.
20 of 22
REVISION DATE: FEBRUARY 5, 2001
o Attend bid opening.
o
o
o
o
o
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 (from contractor's as-builts) at completion of the project electronically, per the
Utilities Design Standardy and Specifications (lalest version).
o Provide Services During Consh'uction 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 cOlnmunication will be
construction contractor to resident observer to CONSU L T ANT 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:
'1/ 47 ~
,J.MIIj ~,~)tS
CRANSTON, ROBERTSON & WHITEHURST, p,c.
b'i&~
(
BY:
PRINTED NAME:
PRINTED NAME: Thomas H. Robertson, P.E.
TITLE:
DATE:
DIRECTOR
4PtlJL ~51 kol
TITLE: Presidenl
DATE:
UIZr~ ~ 2Poj
CH2MHILL'IN~. C, _' .~~.
BY: __:::___2C~
/. /? r, --L
PRINTED NAME: U~vv"c:......:..< /<;.. J>.c...7T
o
TITLE: I .,.:./ r-~C"-IN'\ M C......<:, J,rt.....
DATE: ..t)r-"/ 24, 2uo I
ADDITIONAL SERVICES:
I. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT
has been executed by the CITY.
21 of 22
REVISION DATE: FEBRUARY 5,2001
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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 ofthe
CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at
their request will be considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility ofthe CONSULTANT as contracted by the CITY to provide professional
surveying and engineering services. It is expected that such professionals will operate in a manner which
assures the interests ofthe common welfare, rather than in a manner which promotes their own financial
gain. It is expected that such professionals will act as a faithful agent for the CITY as a client. It is the
duty of the CONSULTANT to protect the safety, health and welfare of the public' in the performance of
their professional duties.
22 of 22
REVISION DATE: FEBRUARY 5,2001
_ '\0
Cranston, Robertson & Whitehurst, PC.
ENGINEERS PLANNERS SURVEYORS
OLD ENGINE COMPANY NO.1
452 ELLIS STREET
POST OFFICE BOX 2546
AUGUSTA. GEORGIA 30903.2546
J. CRAIG CRANSTON, PoE., R.L.S.
THOMAS a ROBERTSON, PoE., R.L.S.
ELDRIDGE A. WHITEHURST, JR., P.E.
JAMES B. CRANFORD, JR., P.E.
DENNIS J. WELCa P.E.
TELEPHONE (706) 722-1588
TELECOPIER (700) 722,8379
E-MAn. CRWPC@CRWPC.COM
January 9, 200 I
JOHN T. AITAWAY, R.L.S.
WAYNE SWANN, R.L.S.
hnCHAELS.BERGLUND
STEVEN M. BRYANT
DWIGHT E. FUNDERBURK, n
BOBBY M. USRY
KEITH A. LAWRENCE
KELVIN G. OGLESBY
Mr, Max Hicks
Augusta Utilities Department
2760 Peach Orchard Road
Augusta, Georgia 30906
HAND DELIVERY
Re:
Rae's Creek Relief Sewer
Bond Project No, 60110
Our File No, 2000-413.01
Dear Max:
In accordance with your request, we are pleased to offer the following proposal for
accomplishing the necessary surveying and engineering services for a concept and route study of
a sanitary relief sewer along Rae's Creek from the end of the existing 48 inch sanitary sewer in
Willow Creek Subdivision to the sanitary sewer pump station currently under construction near
Chafee Park,
GENERAL
The work will involve the construction of a either a new ductile iron gravity sewer or a force
main along Rae's Creek from Willow Creek Subdivision to a point near the canal where it will tie
into the Rock Creek trunk line and then continue along the canal to the Chafee Park pump station
cWTently under construction, The most economical and best type of sewer, as well as its route, will
be recommended as a part of the concept and route study, The actual design work required will be
determined as part of the study phase recommended by this proposal. At a minimum, the project
design will include piping, structures, boring under Georgia State Highways and ramps, and other
necessary appurtenances,
SCOPE OF WORK (Study & Report Phase)
The scope of work for the route study and concept report phase will inv.olve the mapping of
the existing Rae's Creek trunk line sewer from field surveys and a one foot topographic and contour
map of a corridor wide enough to encompass the potential routes for the proposed new sewer. The
topographic survey will be accomplished utilizing photogrammetry in sufficient detail to locate the
..
Mr, Max Hicks
January 9, 200 I
Page 2
surface features such as roads, fences, driveways, drainage structu~es, and all visible improvements
along the route. With this data we will prepare a base map to verify that the installation of a new
and larger gravity sewer is a feasible alternative and also to determine the most economical route
for both a gravity sewer and a force main alternative,
During the process of preparing the base map, we will also attempt to determine the capacity
and suitability of the existing Rae's Creek trunk line in order to make the necessary
recommendations concerning its future use and its impact on the needed additional capacity to be
provided by the proposed new gravity sewer or force main, The evaluation of the existing trunk line
will be based on researching existing records and, to the extent possible, calculations of actual flows
based on field observations, The determination of the needed additional capacity will be performed
by CH2M Hill in consultation with this office,
Once the needed capacity is determined, we will prepare cost estimates of the most
economical route for both a gravity sewer and a force main alternative in order to determine the
most cost efficient solution for providing the needed additional sanitary sewer capacity, The
findings of this concept and route study will then presented in a report format for your review and
approval prior to proceeding On with any further surveying and design phases.
SCOPE OF WORK (Design Phase)
Upon approval of the recommendations and route presented by the study phase, we will
supplement the base maps with additional field surveys, These surveys will include locating
-exi3tiiig-ufilitYlines based on field marks and map-s furnished by the utility o\oVners, These utilities
will include power, gas, water, sewer, telephone, and CATV, We will then prepare plans,
specifications, and contract documents for the sewer system route, including structures and
appurtenances described above, We will prepare design plans showing horizontal and vertical
alignments, structures, and miscellaneous details, We will complete and forward any required utility
permits or encroachment permits to the Georgia Department of Transportation, United States
Federal Government, or other governing authorities, and provide ancillary drawings as required by
the City-County, Drawings will be prepared in ink on mylar film at an appropriate scale, We can
also furnish the drawing in AutoCAD computer disc format, if desired, at no additional fee, In the
event of difference between the disc-reproduced drawing and the original tracing, the hard copy
tracing will govern,
We will also prepare plats for acquisition of any easement that may be required for the
construction of the sanitary sewer system,
We propose to furnish the following bidding and construction phase services: preparing a
schedule for bidding, preparing bidding documents, assisting you with securing bids from qualified
contractors, advising you concerning the award ofa contract, preparing contract"documents subject
to your approval, issuing a notice to proceed, making observations of the construction work as it
progresses to observe the general quality, furnishing written reports of the observations made during
each visit, coordinating with the project engineer provided by the City/CH2M Hill, administering
appropriate progress meetings, issuing instructions to the contractor, preparing any change orders
II
"
Mr, Max Hicks
January 9,2001
Page 3
required, reviewing shop drawings, reviewing the contractor's monthly applications for partial
payment, determining the amounts owing to the contractor, interpreting the contract documents and
technical specifications, consulting as necessary with the City-County authorities and their
representatives concerning their requirements, making a final inspection to determine whether or
not the work has been completed substantially in accordance with the plans and specifications, and
reviewing the contractor's application for final payment.
FEE PROPOSAL
Our fee for the preparation of the base map, route study and concept report will be a lump
sum of $73,350,00, Our fee for the remaining phases listed will be determined at a later date after
the concept and route has been selected,
Route Study and Concept Report
Preliminary Design
Final Design Phase and Centerline Profile
Bidding Phase
Construction Phase
$
73,350,00
TBD*
TBD*
TBD*
TBD*
Total
$
73,350,00
* To be determined after completion of Route Study and Concept Report,
We expect to submit periodic invoices covering the study and report phase as it progresses
and to receive payment within fifteen days thereafter.
TIME OF COMPLETION
We are prepared to begin work at your direction and expect to complete the study and report
phase within 5 months of receiving the authority to proceed, exclusive of review periods. It is
important to remember that the aerial photos must be taken within the next 30 to 45 days in
order to obtain the best data for preparing the topographic base map.
We appreciate the opportunity of making this proposal and trust that you find it satisfactory,
Upon your request, we will prepare and forward to you a standard form engineering contract for this
project. Should you have any question concerning the scope of the services affered, or the fee,
please do not hesitate to give us a call.
, "
..
"
~.
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Mr. Max Hicks
January 9, 2001
Page 4
Sincerely,
CRANSTON, ROBERTSON & WHITEHURST, p,c.
'V-P
j' W.~,-^
Dennis J, Welch, P,E,
~f;.~
Thomas H, Robertson, P,E,
DJW:THR:thw
cc: Bob Davis, CH2M Hill
E:1AA-CORRESPONDENCE\2000100413 rae', creek n:liefseweAAevisedJ'roposal00413."]XI