HomeMy WebLinkAboutWater & Wastewater System Improvements
Augusta Richmond GA
DOCUMENT NAME:~ 4; u..'Dste~ 3jS"\ern \(Y1X()~
DOCUMENT TYPE:Olj(ee.rrerr\-
YEAR: CJl\
BOX NUMBER: ~d
FILE NUMBER: \1 dl\d
NUMBER OF PAGES: c71
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
( CITY)
AND
CONSULTANT
CONSULTANT: PRAD Group I JDc...
PROJECT: Warer- ~nc\ WasWe.r S~P1 ~prolJernef)ts
DATE EXCECUTED: L.11I ~ /04
DATE COMPLETED:
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-.. . "
REVISION DATE: FEBRUARY 5,2001
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
( CITY)
AND
CONSULTANT
This Agreement is made and entered into this 2nd day of March , 2004 by and
between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY"
and PRAD Group, Ine. a Corporation authorized to do business in Georgia, hereinafter called the
"CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experience consulting firm to furnish professional
services for:
a project to initiate water and wastewater system improvements along Pleasant Home Road (water),
Kings Chapel Road (water), and Beaver Drive (wastewater) (project description); and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide
the services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed
by and between the CITY and the CONSULTANT that:
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REVISION DATE: FEBRUARY 5, 2001
GENERAL PROVISIONS
CONSULT ANT 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, CONSULT ANT will re-perform any services not meeting this standard without additional
compensa tion,
AMENDMENTS TO AGREEMENT
Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement.
Amendments must be fully executed by both the CONSULTANT and CITY to be valid.
REDUCfION IN REQUIRED SERVICES
If reductions in the required services are ordered by CIIY, 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
I
I
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.
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REVISION DATE: FEBRUARY 5,2001
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
termination of contract even if the CITY has obligated the funds to other projects,
PROJECT PROGRESS
CONSULTANTS services and compensation under this Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion,
LITIGA nON
Nothing in this Agreement shall be consh'ued as obligating the CONSULTANT to appear, support,
prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY
except in consideration of compensation, All such services required or requested of <:::ONSUL T ANT by the
., CITY except suits or claims betvveen the parties to this Agreement will be reimbursed as additional
serVIces,
BINDINGS
It l<; further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its or their
successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither
CITY nor the CONSULT ANT 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.
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REVISION DATE: FEBRUARY 5, 2001
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 CONSULTANT 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 AgreementDocuments 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
beh'l'een the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review
of CONSULTANTs plans and work.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having
a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part
of the Work called for by this Agreement.
Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by
CONSULT ANT, effecting an addition, deletion or revision in the Work, or an adjusbnent in the Agreement
Price or the Contract Time, issued after execution of this Agreement.
Task Order - means a written order specifying a Scope of Services, time of completion and compensation
limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as
part of the Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the successful
completion of the Project, assigned to or undertaken by CONSULT ANT under this Agreement.
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REVISION DATE: FEBRUARY 5,2001
CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including
Task Orders shall constitute the Agreement Documents,
Conflict and Precedence
The Agreement Documents are complementary, and what is called for by one is as binding as if called for
by all. In the event there are any conflicting provisions or requirements in the component parts of this
Agreement, the several Agreement Documents shall take precedence in the following order:
1, Agreement - Including Attachments
2. General Conditions
3, Supplemental Conditions -Including Task Orders
6 OF 23 REVISION DATE: FEBRUARY 5, 2001
GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement betvveen 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 Task Order authorization, The effective date of services shall be defined in
each Task Order authorization,
2, PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULTANT under this Agreement will
be the level of care and that is ordinarily used by members of CONSULTANT'S profession practicing
under similar conditions,
3,
CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performed hereunder, All such changes,
including any increase or decrease in the amount of the CONSULT ANT's compensation, .which are
mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written
Supplemen~al Agreement" to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require the approval
of the CITY, The Program Manager may approve minor changes to the scope of services that do not
involve an increase compensation schedule,
4. PERSONNEL
The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any contractual
relationship with, the CITY, All of the services required hereunder will be performed by the
CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall
be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C
- Listing of Key Personnel and incorporate herein by reference, No changes or substitution shall be
permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his
designee,
The CONSULT ANT 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 CONSULT ANT and responsible for the work prescribed by this Agreement.
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REVISION DATE: FEBRUARY 5, 2001
5. ACCURACY OF WORK
The CONSULT 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
inunediate 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 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 autl10rized 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
CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for
termination of this Agreement ,vithout indemnity to the CONSULTANT, but should any such information
be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as
public information and no longer subject to the restrictions of this Agreement.
7. OPEN RECORDS
CONSUL T ANT acknowledge that all records relating to this Agreement and the services to be provided
under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. S 50-18-70, et
seq. ). CONSULTANT shall coorporate fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law.
8. JURISDICTION
The law of the State of Georgia shall govern tl1e CONTRACT betvveen CITY and CONSULTANT with
regard to its interpretation and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia. The 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.
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REVISION DATE: FEBRUARY 5,2001
9. TERMINA TION OF AGREEMENT FOR CAUSE
If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations
under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or
stipulations of this Agreement, CONSULTANT will be given tl1e opportunity to commence correction of
obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to
maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule
without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have
the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination,
and specifying the effective date 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 thp. CITY and CONSULTANT.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated sendC2s under this Contract up to the time of termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSUL T ANT shall thoroughly rese~rch all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall
fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and
carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT
shall not commit or permit any act which will interfere with the performance of work by any other
CONSULTANT or by CITY employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by CONSULT ANT for the purpose of securing business and that the CONSULT ANT 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 CONSULT ANT shall be responsible for any and all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees
from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from
the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work
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REVISION DATE: FEBRUARY 5,2001
under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance
coverage.
14. INSURANCE
The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) tl1at will ensure and indemnify both the CITY, and Program Manager against
liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of
any negligent error, act, or omission of the CONSULT ANT during the term of this Agreement.
The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation
insurance in accordance with the laws of the State of Georgia.
ThP CONSULT A. NT shall provide, at all times that this Agreement is in effect, Insurance wif-h limits of not
less than:
A. Workmen's Compensation Insurance - in accordance WIth the laws of the State of Georgia.
B. Public Uahility Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries,
including those resulting in death to anyone person, and in an amount of not less than One Million
($1,000,000) Dollars on account of anyone occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from
damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars.
D. Ygluable 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 f~e on the rroject 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).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as
co-insured, except for worker's compensation and professional liability policies, and a copy of such policy
or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.
15. PROHIBITED INTERESTS
15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no
interest, direct or indirect, that would conflict in any manner or degree with the performance of it~
services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement,
no person having such interest shall be employed. I
15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof.
10 OF 23 REVISION DATE: FEBRUARY 5,2001
15.3 Emplovment 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 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 written approval of the
subcontractor. The CITY will not approve any subcontractor for work covered by this Agreement that has
not been recommended for approval by the Program Manager.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in
this Agreement.
17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an as~ignment or novation, any of its rights,
obligations, benefits, liabilities or other interest under tI1is Agrc:.:ment without the written consent of the
CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT
will not discriminate against any employee or applicaClt f,jr employment because of race, creed, color, sex
or national origin; (2) the CONSULT ANT will, ill ail solicitations or advertisements for employees placed
by qualified applicants, receive consideratlon for employment 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 snbcomractor,
provided that the foregoing provision shall not apply to contracts or subconh'acts for standard commercial
supplies of raw materials.
19. DRUG FREE WORK PLACE
CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner
with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance
in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property,
vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or
inunediate discharge.
CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug
statute conviction for workplace violation.
CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated,
or when good business practices would dictate.
20. ANTI-KICKBACK CLAUSE
11 OF 23 REVISION DATE: FEBRUARY 5,2001
Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall be
paid unconditionally and not less often than once a monili without deduction or rebate on any account
except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to
comply with all applicable "Anti-kickback" lav,'s, and shall insert appropriate provisions in all subcontracts
covering work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the
CONSULTANT shall make available to the CITY and/ or audit representatives of the CITY for examination
all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY
and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs incurred on the Project dnd used in support of its proposal and shall make such material
available at all reasonable times during the period of the Agreement, and for tJu'ee years from the date of
final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies
tl1ereof 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, assig"ee, ('T
transferee.
22. OWNf:RSHIP, PUBLICATION, REPRODUCTION AND USE
All documents and materials prepared as an insf:rument of service p"ursuant to this Agreement are the
property of the CITY. The CITY shall.have the unrestricted authority to publish, disclose, distribute, and
otherwise use, in whole or in part, any reports, data, maps, or oilier mat~rials prepared under this
Agreement without according credit of autllol:>h.ip. The CITY shall hold harmless the CONSULTANT
against all claims arising out of such use of documents and materials without the CONSULTANT's
knov,rledge and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before,
during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations
herein contained, nor shall such verbal agreement or conversation entitle the CONSULT ANT to any
additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall
be in vniting and appended hereto as prescribed in Article 3 above.
24. INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services under this Agreement as an independent contractor and I
nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in'
this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or
employees to be the agent, employee, or representative of the CITY.
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REVISION DATE: FEBRUARY 5,2001
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.
Notices shall be addressed as follows:
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30901
CONSULTANT:
'Pt2AD Grot tp:TrY'.
101 Mar/p+fo.Jf-red),Jte.3Xbt
/1-1-1<01-0) Gfl <?QX)~
Copy to:
DIRFCT'JR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
PROGRAM MANAGER:
AUGUSTA PROGRA~: ~.~A~JAGER
CH2M HILL, INC.
360 Bay Street
Augusta, GA 30901
13 OF 23
REVISION DATE: FEBRUARY 5.2001
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
AUGU~1ORGIA (CI~
BY ~~'^-- es-
PRINTED NAME, 1, ~ ~ ; .......1
~~ TITLE: MAYOR ~
/J _~.......'''''\
ArrEST CT ~~\CllMO^,/) C"-,.
~~. .c....... ',#_ "A.
;' ,- ..00 o. <q,. Yt
"a. /'.0 JI ,~
I!. l ".LPl
BY:
PRINTED NA
TITLE: ~l2esJOe+.r1
DATE:
DATE:
Copy T:O:
..
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
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REVISION DATE: FEBRUARY 5, 2001
CONSULTANT'S RESPONSIBILITIES
CONSULT ANT, in order to determine the requirements of the Project, shall review the
information in Attachment A - Responsibilities of the Design Engineer on Utilities Projects.
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
CONSULTANT's services, if any, necessary for design to begin.
PROTECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to
CITY's and CONSULTANT'S requirements for this part of the project, including design
objectives and constramts, space, capacity and performance requirements, flexibility and
p.xpendability, and any budgetary limitations. CONSULTANT may request from tl1e CITY to
furnish data, reports, surveys, and other materials that may be relied upon in performing
CONSULT ANT'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 computa'ion prepared by or for the OTY
in association with this Agreement shall be 5uujCC: l(! ie ;'1."""'.
The CITY may at any time request progress reports, prints or copies of any work performed
under this Agreement. Refusal by the CONSULTANT tc ::;ubmit progress reports and/or plans
shall be cause to withhold payment to the CONSULT ANT until tl1e CONSULTANT complies
with the CITY's request in the regard.
The CITY's reviev,T recommendations shall be incorporated into the plans by the
CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
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REVISION DATE: FEBRUARY 5.2001
CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all property owners or occupants of the intent to enter
properties for the purpose of accomplishing work in accordance with the practices of the CITY.
The CONSULTANT shall discuss with and receive approval from the CITY prior to sending
notices of intent to enter private property. Upon request by tl1e CONSUL T i\NT, the CITY ,,,,m
provide the necessary documents identifying the CONSULTANT as being in the employ CITY
for the purpose described in the Agreement.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for CONSULTANT's serviCl-"S or PROJECT
construction.
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawiq~s, srccifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as cn 'f 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 CONSULT ANT's Services, or of
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
way with the PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of CONSULTANT for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by CITY. All such Services required or requested of CONSULTANT by CITY, except
for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional
serVICes.
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REVISION DATE: FEBRUARY 5,2001
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
DESIGN OBJECTIVES:
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REVISION DATE: FEBRUARY 5, 2001
TECHNICAL PROPOSAL
For
Professional Services
For
Beaver Creek Drive Sewer
&
Pleasant Home & Kings Chapel Water Main
AUGUSTA UT1LITIES DEPARTMENT
03072
TECHNICAL PROPOSAL
Authority
This proposal is authorized by the City of Augusta purchasing department as stated in
(3) three letters dated July 11, 2003 from Geri Sams [City of Augusta] to Avery Sarden
[PRAD] for projects 10162, 50070, and 10166, respectively, pursuant to RFQ 02-217A.
These projects are classified as 2002 Bond Projects.
BACKGROUND
PRAD GROUP [PRAD] has met with City representatives, City staff, performed visual
surveys, and submitted a representative project for City review. We completely
understand all aspects of the work, requirements, and City expectations.
On September 25, 2003, we walked each project with Mr. Thies to perform a heads-up,
eyes-open visual survey of the project areas. In advance of our visual survey, PRAD
requested utility markings, to eastablish route feasability.
On October 14, we met with Mr. Hicks (Augusta Utilities Department) and Mr. Scott
(Ch2M Hill) to further clarify the scope of services, review a recent water and sewer
project, and to discuss ways to minimize engineering expense. We agreed that cost
would be saved preparing a single contract and utilizing local professional labor to the
extent possible. The attached cost summary reflects the cost saving measures
discussed at our meeting.
OVERALL PROJECT REQUIREMENTS
PRAD GROUP will provide all professional services as stated in MAJOR PROJECTS
CONSUL TANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY)
AND CONSUL TANT -Revised February 5, 2001. No exception is taken to project
requirements as stated.
PROJECT NAME CHANGE
PRAD GROUP understands that reference to "Kings Chapel" will be understood to
mean "Crane Ferry". We concur with PM's recommendation to correctly relate the
project name to its physical location and will replace the name "Kings Chapel" with the
name "Crane Ferry".
Page2of4
AUGUSTA UTILITIES DEPARTMENT
03072
TECHNICAL PROPOSAL
PROJECT DELINEATION
We take exception to the delineation of Beaver Drive Sewer Improvement, as shown on
Project 50070. The nearest'point of discharge is about 800 feet North of Beaver Drive,
at an existing sewer manhole, in a subdivision street, near a relatively small creek
crossing. This means that additional sewer and related services are necessary for this
outfall sewer. These additional outfall sewer services include wetland delineation,
environmental permitting, surveying in rough terrain, and engineering design.
The Pleasant Home road waterline is to be aligned on the west side. This route is
desirable since it offers the best economy of construction by comparison to the other
side of the street.
The Crane Ferry waterline is to be aligned on the north side. This route is desirable
since it offers the best economy of construction by comparison to the other side of the
street.
PRAD SUBCONSUL TANT
PRAD will engage the services of William R. Gore Professional Land Surveyors, Inc.
located at 1804 Central Avenue, Augusta, GA 30904, Phone 706 738 8771, Fax 706
7366249 to perform the necessary field surveys, record research, plat preparation,
legal descriptions, and provide necessary professional land surveying services. Our
point of contact will be Randy Gore. Alternatively, we may engage the services of
Cranston, Robertson, & Whitehurst, P.C. We anticipate that about 6 easements and/or
condemnation plats will be required.
PRAD may engage Ecological Solutions, Roswell, Georgia as an alternative to available
professional labor located in Augusta, GA to perform wetlands, 401, and other
permitting scope required to engineer the Beaver Creek Sewer.
CITY SUBCONSUL TANT
PRAD understands the City will pay for the services of a qualified geotechnical engineer
to perform subsurface investigations, prepare soils reports, perform laboratory analysis,
and provide other related services as need arises.
Page 3 of 4
AUGUSTA UTILlTIES DEPARTMENT
03072
. .
TECHNICAL PROPOSAL
CITY LAND ACQUISITION SERVICES
PRAD understands that the City will provide land acquisition services for areas PRAD
determines to be necessary for construction. The unit cost for each take will be as is
shown on the cost summary to cover the cost of detailed surveying, marking the route if
requested by property owner, coordination with City land agent, and helping the City
promote good community relations by answering questions and clarifying plans.
We urge the City to send survey letters to off road property owners on the North side of
Beaver Creek Drive in advance of survey field activities.
CONSTRUCTION PHASE SERVICES
Our scope of services intentionally omits construction phase services. We understand
that the necessary services will be clarified when the construction documents are 'at a
substantial level of completion and land acquisition activities are completed.
CITY REVIEW PERIODS
PRAD aS5umes that submittals will be returned, no later than 30 CalendRr (jays after
PRAD transmits deliverables to the City.
PRAD PERFORMANCE PERIODS
PRAD will deliver a 30% Design Memorandum NL T 14 days after the notice to proceed.
60% Plans and Specifications NL T 60 days after receipt of 30% review comments,
assuming reasonably good availability to mobilize survey forces. 90% Plans &
Specifications NL T 30 days after receipt of 60% review comments. Bid Documents NL T
14 days after receipt of 90% review comments. The total performance period should
not exceed 3.5 months, barring unforeseen survey mobilization delays.
With expeditious City review, we believe that a completion target 6 months from the
notice to proceed is realistic.
COMMUNICA TION
PRAD encourages the PM & City staff to freely communicate with PRAD informally
wherever possible. PRAD's point of contact will be Russell Thies at 706 312 4132, Fax
7063124133, email: rthies@augustaga.gov.
Page 4 of 4
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULT ANT for services, which have been authorized by the
CITY under the terms of this Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the
CITY and accompanied by all support documentation requested by the CITY, for payment for
the services, which were completed during the billing period. The CITY shall review for
approval said invoices. The CITY shall have the right to reject payment of any invoice or part
thereof if not properly supported, or if the costs requested or a part thereof, as determined
solely by the CITY, are unreasonably in excess of the actual phase of completion of each rnase.
The CITY shall pay each such invoice or portion thereof as approved, provided that the
approval or payment of any such invoice sl tall not considered to be evidence of performance by
the CONSULTANT fo tho:: point indicted by such invoice, or of receipt of acceptance by the
CITY of the service covpred 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 (~ach phase and any-problems, which have been encountered, ";vhich nlcij'
inhibit execution of the work. The CONSULTANT shall also submit an accurate updated
schedule, and an itemized description of the percentage of total work completed for each phase
during the billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task
Order, it agrees to pay the CONSULTANT for ~'.'o!k 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 any authorized Task Order. All invoices
submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and
costs by authorized Task.
Overtime may be performed at the discretion of the CONSULTANT, but the premium time
portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested
acceleration of the scheduled work in writing.
18 OF 23
REVISION DATE: FEBRUARY 5, 2001
PROJECT:
CRANE FERRY & PLEASANT HOME WATER
& SEAVER DRIVE SEWER
CITY OF AUGUSTA UTILITIES DEPARTMENT
GMW
1 0/22/03
OWNER:
PREPARED BY:
DATE:
SCOPE:
3,500 LF WATER, 3,000 LF SEWER
PLAN SHEETS: 23
PROJECT MANUALS: 1
TASK 1 - 30% DESIGN MEMORANDUM
TASK 2 - 60% PLANS & SPECIFICATIONS
TASK 3 - 90% PLANS & SPECIFICATIONS
PROFESSIONAL LABOR
J $50,000 I
DIRECT SURVEY EXPENSE
BEAVER DRIVE SEWER
CRANE FERRY WATER
PLEASANT HOME WATER
$5,000
$2,500
$3,000
I $10,500 I
INDIRECT SURVEY EXPENSE @ 10%
DIRECT WETLAND EXPENSE
$1,050
$3,000
$300
$1,500
$360
INDIRECT WETLAND EXPENSE @ 10%
REPRODUCTION (700 SF @ $2/SF)
MILEAGE (900@$0.40)
TOTAL
I $66,710 I
EASEMENTS (EACH PARCEL)
J $500 I
ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULTANT shall provide qualified personnel to perform its work. The list of key
personnel below, induding a designated Program Manager will not change or be reassigned
without the written approval of the CITY. Those personnel conunitted for this work are as
follows:
G.E QALfJ lcJ~tJEI f, F P;<AD bR 6(1 P 1/11.{ IJ f (I plJ.( EfJf;,;<
, ~RCL{P
b~ t Q bE }{E; IJct.j)t P Nit!) P-i- C
wA\j I {) M (j~J~ I~ i~coLoTEC wETtAlJD $ Co p E
1~.fiJJv l{ GO i~ E GoRE -.5uRV E Y I iJk ':IELI\ v
SL( R VE /5
,
,
19 OF 23
REVISION DATE: FEBRUARY 5. 2001
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
AS 5TAr-E{) fA) TECHA/!CA-L. P!?'~~L
20 OF 23
REVISION DATE: FEBRUARY 5,2001
CONSULTANT SERVICES
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items.
Prior to Authorization To Proceed:
f.. Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with
Cost Proposal clearly defining the CONSULT ANT'S understanding of the project limits,
design objectives and CONSULT ANT'S services to be provided.
'/! Cost Proposal that will include cost of surveying, design, preparation of construction plans
and specifications, and other services requested in the OTY's Request for Proposal.
rtI Schedule for submittal of review documents at 30%, 60%, and 90% completion; and final
T documents.
Prior to submitting 30% review documents:
~ Locate all existing utilities using available information collected by the CONSULT ANT. The
r CITY will furnish available information on water and sewer locations however the
CONSULTANT must verify to CITY'S satisfaction.
~ Provide OTY with information on the project site(s), including the following:
T. 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.
"" Site Plan (If Required)
Throughout project
~ Prepare printed responses to comments received from the CITY following reviews.
iI. Provide the necessary plats for easement acquisition and DOT/other permit application.
I Prepare Public Works/DOT/Other permit applications for signature by the CITY.
Ii Prepare and submit plane; to EPD for review and approval when required.
~ Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications
(latest version). Specifications must mirror that provided by the CITY.
~ Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the
r submittal of Final documents. Provide cost breakdown for any items to be lump sum in the
construction contract.
21 OF 23
REVISION DATE: FEBRUARY 5, 2001
Upon completion of design:
_Coordinate with the City Purchasing Department to advertise the project.
~ Fax bid information to CITY.
__ Attend bid opening.
Ii'Prepare letter of recommendation for award of the contract.
b Attain contractor's/ other signatures on the contract documents and forward to the CITY.
D Invite attendees to, and conduct, the pre-construction meeting.
D Provide clarification related to the plans/ specifications throughout design and construction.
J(Provide record drawings at completion of the project electronically, per the Utilities Design
Standards and Specifications (latest version).
D Provide Services During Construction as follows:
· Attend project meetings as scheduled by the CITY
· Recommend design changes as field conflicts arise (site visits may be required)
. Review and approval of pay requests from the construction Contractor (line of
communication will be construction contractor to resident observer to CONSULTANT
to CITY)
· Provide clarification of plans and specifications throughout construction
. Revise/ update plans and/ or easement plats as changes occur that require resubmittal to
DOT/other agencies.
AUGUSTA UTILITIES DEPARTMENT
BY: !l,tf!~!kh-
PRINTED NAME: N..flI!AX tJ/~~~
BY:
TITLE: DIRECTOR
1'1 td / trJ~'"
{
TITLE:
: AV~Y t1. 9r.~~
Pre:$,Jdf
1/;1(01
DATE:
DATE:
TITLE:
PROGKAM~;~
BY: ha.. '" .
P~AME ~,,~L
~y.~~ /l1c",,<<~
2-0/2oc> 1-
I
DATE:
22 OF 23
REVISION DATE: FEBRUARY 5, 2001
ADDITIONAL SERVICES:
1. Revisions to tl1e plans/contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct
location given by CITY, incorrectly marked on plans by engineer) will be the responsibility
of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other
government agency at their request will be considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULT ANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility of the CON5ULTA!\'T as rontTacted by the CiTy to provide professional surveying and engineering services.
It is expected that such professional.; will operate in a manner w11ich assures the interests of the common welfare, rather than in a
manner which promotes their own financial gain. It is expeckd that such professionals will act as a faithful agent for the OTY as u
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.
23 OF 23
REVISION DATE: FEBRUARY 5. 2001
---
.'
Office of The Administrator
George R. K61b
Administrator
Room 801 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-2400-FAX(706) 821-2819
www.augustaga.gov
REVISED 3/8/04
March 2, 2004
Mr. MaX .Hicks
Utilities. Director
360 Bay Street
Augusta, GA 30907
Dear Max:
The Augusta CoIi1mission, at their regular meeting held Tuesday, March 2, 2004, took action on the
following items.
26. . Approved Utilities bepartment participation in American Water Works Association Qual Serve Program
at a cost of$60,500, (Approved Engineering Services Committee February 23,2004)
28. Approved execution of Southeni Natural Gas Governmental Encroachment Agreement No. 04-0024 South
Main Lines @ MP 476.02, Georgia RIW 2M5A #249 and 2M5A-L3 #249. (Approved Engineering
Services Committee February 23,2004)
30. Awarded contract in the amoUnt of $155,560 to StevenSon & Palmer Engineering, Inc. to design a sanitary
seWer force main in the Columbia Nitrogen Drive area. (Approved Engineering Services Committee
February 2), 2004) .
31. Approved and accepted the Deed of Dedication and Maintenance Agreement for the water and sanitary
sewer mains with applicable easements for Skinner's Mill Place Subdivision. (Approved Engineering
Services Committee February 23, 2004)
32. Approved a, proposal from the PRAD Group, Inc. in the amount of $ 71,710 to provide professional services
for the design of a: water and wastewater system improvement project. (Approved Engineering Services
Committee February 23, 2004)
If you have any questions, please contact me.
Yours truly,
y ~cf-->----
Peggy Seigler
Assistant to the Administrator
cc:
Ms. Geri SarnS
Mr. David Persaud
Ms. Donna Williams
RECEIVED
MAR 0 9 2004
03..02-04: #26, #28, #30, - #32
CH2MHill
AGS