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HomeMy WebLinkAboutWater System Improvement Augusta Richmond GA DOCUMENT NAME: tDlte.,~ S\js'1"ern \rrYJ\Y'Qe(Y)Et1:i- DOCUMENT TYPE: 0Cj'( ee.ment YEAR: Dl\ BOX NUMBER:dd FILE NUMBER: \l ~\~ NUMBER OF PAGES: d-1 I I I I I I I I I I I I I I I I I I I Jd jp /J;2cj 3 CONSULTANT SERVICES AGREEMENT FOR WATER SYSTEM IMPROVEMENTS IN THE SUNLIGHT PARK NEIGHBORHOOD I I I I I I I I I I I I I I I I I I ST ATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSUL T ANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA ( CITY) AND CONSULTANT CONSULTANT: JAMES G. SWIFT & ASSOCIATES PROJECT: WATER SYSTEM IMPROVEMENTS IN THE SUNLIGHT PARK NEIGHBORHOOD DATE EXECUTED: DATE COMPLETED: 10F23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I ST A TE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this lirA day of Fe h,r LA.. I'V,/ ' 2004 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and JAMES G. SWIFT & ASSOCIATES, 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: ENGINEERING AND DESIGN SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION DOCUMENT S FOR WATER SYSTEM IMPROVEMENTS IN THE SUNLIGHT PARK NEIGHBORHOOD; 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: 2 OF 23 REVISION DATE: FEBRUARY 5. 2001 I I I I I I I I I I I I I I I I - . .. . - 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, CONSULT ANT and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONSULTANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONSULTANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forili 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 CONSULT ANT, 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. 3 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I - - - 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 CONSULT ANT on behalf of the CITY under this Agreement. However, CONSULT ANT will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULT ANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of CONSULT ANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULT ANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the 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 CONSULT ANT and supersedes aU prior negotiations, representations and agreements, either written or oral. 4 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I . ~ - DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULT ANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the 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 Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Program Manager - means CH2M HILL as the representative of the CITY who shall act as Liaison between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review of CONSULT ANT's plans and work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order - means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. 5 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I . I 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 I I I I I I I I I I I I I I I I I . I - !! - GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Task Order authorization. The effective date of services shall be defined in each Task Order authorization. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULT ANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULT ANT'S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULT ANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. The Program Manager may approve minor changes to the scope of services that do not involve an increase compensation schedule. 4. PERSONNEL The CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT under this agreE~ment 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 h~s 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 Regish'ation for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. 7 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I . I 5. ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONSULT ANT shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONSULT ANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULT ANT, but should any such information be released by the CITY or by the CONSULT ANT 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 CONSULT 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 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 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. 8 OF 23 REVISION DATE: FEBRUARY 5,2001 I I I I I I I I I I I I I I I I I I I '.;.'4" 9. TERMINATION 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, CONSULT ANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date 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 CONSULT ANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULT ANT shall be paid for any validated services under this Contract up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services. If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULT ANT 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 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 liapility 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 CONSULT ANT, its subcontracts, or agent in the negligent performance or non-performance of work 9 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I I under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE The CONSULT ANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program Manager against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia. B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than One Million ($1,000,000) Dollars on account of anyone occurrence. C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance - in an of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULT ANT's liabilities hereunder in insurance coverage's identified in items (b) and (c). 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 CONSULT ANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 10 OF 23 REVISION DATE: FEBRUARY 5. 2001 I I I I I I I I I I I I I I I I I I . - - 15.3 Employment of CITY's Personnel: The CONSULT ANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY1s prior written approval of the subcontractor. The CITY will not approve any subcontractor for work covered by this Agreement that has not been recommended for approval by the Program Manager. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULT ANT shall not assign or transfer whether by an assigrunent or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULT ANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that tl1e foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULT ANT shall be responsible for insuring that its employees shall not be involved in 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 I immediate discharge. : I CONSULT ANT shall notify the appropriate federal agencies of an employee who has a criminal drug I statute conviction for workplace violation. i CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 11 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I . - 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 promises to comply with all applicable IlAnti-kickbackll 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 CONSULT ANT shall make available to the CITY and/ or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the umestricted 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 CONSULT ANT against all claims arising out of such use of documents and materials without the CONSULTANT's knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONSULT ANT shall perform the services under this Agreement as an independent conh'actor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULT ANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 12 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I : q;yUGUS~~~6 ~ PRINTED NAME, B",You I ~TLE: MAYOR I I I I I I I 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: ADMINISTRA TOR AUGUSTA, GEORGIA 530 Greene Street Augusta, GA 30901 CONSULT ANT: JAMES G. SWIFT & ASSOCIATES 1206 Interstate Parkway Augusta, GA 30909 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street Augusta, GA 30901 PROGRAM MANAGER: AUGUSTA PROGRAM MANAGER CH2M HILL, INC. 360 Bay Street Augusta, GA 30901 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: PR . SWIFf & ASSOCIATES L T ANT) BY: David L. HARGROVE TITLE: Vice President DATE: ~ I'J.G::, 104 ~ ... ......,. '. . '\ "\ + "', ".~I<""J~ r:,~."",,~.. V'"'-"~~C~e-~ J&..-t-AV'J" ~ "~" _ '. I Copy To: . DIRECTOR tJ~.~.. -.' AUGUST A uTiLITIES DEPARTMENT 360 Bay Street - Ste. 180 Augusta, Ga 30901 13 OF 23 REVISION DATE: FEBRUARY 5,2001 I I I I I I I I I I I I I I I I I 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 CONSULT ANT's services, if any, necessary for design to begin. PROTECT UNDERSTANDING Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULT 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 computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULT ANT to submit progress reports and/ or plans shall be cause to withhold payment to the CONSULT ANT until the CONSULT ANT complies with the CITY's request in the regard. The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT. CONSULT ANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 - Insurance. 14 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I 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 the CONSULT ANT, the CITY will provide the necessary documents identifying the CONSULT ANT as being in the employ CITY for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all. advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSULT ANT's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONSULT ANT whenever CITY observes or becomes aware of any development that affects the scope or timing of CONSULT ANT's Services, or of any defect in the work of CONSULT ANT or construction conh'actors. 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 CONSULT ANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional serVICes. 15 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I .1 I I I I I I I I I I .;~ .- ... ..~ FEES: The owner or his representative shall be responsible for all fees that would be incidental to the plan submittal, review, and approval process, including, but not limited to wetland mitigation and the NPDES regulatory process. 16 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: Engineering and design services required for the design and construction documents for water system improvements in the Sunlight Park neighborhood. DESIGN OBJECTIVES: Design and prepare necessary construction documents for project permitting and letting of bids. The design shall achieve the following objective: The new water mains and appurtenances will be installed within neighborhood street right-of- ways to provide for the reconnection of existing residential water services, some of which are situated beyond said street right-of-ways. The new water mains and appurtenances will facilitate the uninterrupted operation of the existing water system infrastructure throughout construction and until such time that, all residences of the neighborhood have been successfully transferred to the new system. The new water system infrastructure will also provide for the abandonment of the existing water system when the transfer effort is complete. I I I I I I I I I I I 17 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I I ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by the CONSULT ANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULT ANT for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees ~ngaged 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 CONSULT ANT shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. Overtime may be performed at the discretion of tl1e CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULT ANT has requested acceleration of the scheduled work in writing. 18 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I I ATTACHMENT C - LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: NAME POSITION David L. Hargrove Project Engineer/Surveyor G. F. "Bo" Slaughter, III Engineer James R. Martin Field Crew Chief Mark M. Green CADD Operator Supervisor Pamela S. Harman Office Manager 19 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I I ATTACHMENT D - SCHEDULE FOR PERFORMANCE I. FIELD SURVEYS: A complete topographic survey of the right-of-ways of Taylor Street, East Hale Street, and East Hall St. The surveys will include, but not be limited to, rights-of- ways, property lines, water mains, sanitary sewers, storm sewers, power poles, telephone infrastructure, cablevision facilities, gas mains and any other physical features being germain to the successful completion of an engineering design. The location of all topographic features will be limited to those that are visually identifiable. The location of underground utilities will be determined from surface markings provided by a utility location agent or available records. This proposal does not include any underground exploration, excavation, or video camera surveys. II. ENGINEERING DESIGN: The engineering design will be accomplished in four (4) phases as follows: A. Conceptual Plan Submittal: Upon completion of the field surveys, a conceptual plan will be compiled. The plan will determine a general location of proposed water main installations and a system configuration that will facilitate construction activity, testing, sterilization, and service connections. B. Engineering Design (Completion @ 60%): Upon completion of, and agreement to, the conceptual design, the detailed engineering design process will commence. At a point that the design is approximately 60% complete, the plans will be submitted to Augusta Utilities and other relevant government agencies for review and comment. C. Engineering Design (Completion @ 90%): Upon receipt of review comments from the 60% completion submittal, the detailed engineering design process will continue. Plan revisions will be made as necessary to address any comments, concerns, or requirements expressed during the review process. At a point that the design is approximately 90% complete, the plans will be re-submitted to Augusta Utilities and other relevant government agencies for review and comment. D. Engineering Design (Completion @ 100%): Upon receipt of review comments from the 90% completion submittal, the detailed engineering design process will continue. Plan revisions will be made as necessary to address any comments, concerns, or requfrements expressed during the review process. When the plans are 100% complete, the plans will be submitted to Augusta Utilities in both "hard copy" and "computer disk" format. III. TIME OF PERFORMANCE: Surveying and engineering services will be accomplished within 165 days as follows: A. Field Surveys setforth in "Item I" will be accomplished within 45 days from receipt of Notice to Proceed. B. Conceptual Design setforth in "Item II-A" will be accomplished within 15 days. C. Engineering Design (60% completion) setforth in "Item II-B" will be accomplished within 60 days. D. Engineering Design (90% completion) setforth in "Item II-C" will be accomplished within 30 days. E. Engineering Design (100% completion) setforth in "Item 11-0" will be accomplished within 15 days. 20 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I I ~- IV. PAYMENT FOR SERVICES: Surveying and engineering services will be compensated in Lump Sum payments due at the successful completion of each design task as follows: A. Item I - Field Surveys $11,585.00 B. Item II-A - Conceptual Design $2,600.00 C. Item II-B - Detailed Design (60% Completion) $16,200.00 D. Item II-C - Detailed Design (90% Completion) $7,700.00 E. Item 11-0 - Detailed Design (100% Completion) $3,500.00 Total $41,585.00 ADDITIONAL SERVICES: A. Revisions to the plans / contract documents to extend the limits of the project after this AGREEMENT has been executed by the City. B. 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. C. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. D. Monthly or periodic meeting, conference, or inspections as may be requested by the CITY or PROGRAM MANAGER. E. Other not described above, as approved by the CITY. F. Payment for additional services not specifically listed above or for changes beyond the original project design scope of this proposal shall be compensated at a unit rate as follows: Engineer $115/hour Surveyor $95/hour Survey Crew $115/hour CADD Operator $49/hour Inspector $49/hour Administrative $35/hour Prints $0.50/SF Computer Disks $5.00 Each Postage Cost + 10% NOTE: It is the responsibility of the 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 of the common welfare, rather than in a manner which promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a client. It is the duty of the CONSULTANT to protect the safety, health and welfare of the public in the performance of their professional duties. 21 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I I CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items. Prior to Authorization To Proceed: G:r 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 CONSULTANT'S services to be provided. ~Cost Proposal that will include cost of surveying, design, preparation of construction plans and specifications, and other services requested in the CITY's Request for Proposal. Gf Schedule for submittal of review documents at 30%,60%, and 90% completion; and final documents. Prior to submitting 30% review documents: B Locate all existing utilities using available information collected by the CONSULT ANT. The CITY will furnish available information on water and sewer locations however the CONSULT ANT must verify to CITY'S satisfaction. [iJ'Provide CITY with information on the project site(s), including the following: · Past and present use of the land (specifically identify any landfilling activities in the area); identify any nearby designated wetlands . Soil type(s) · Boring results when required by CONSULTANT for new facilities or where depth of line and existing site conditions warrant. . Brief description of the area (e.g., residential, commercial, industrial) including general slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number of properties affected and number of easements required with property owners identified · Identification of potential problems in meeting design objectives. o Site Plan (If Required) Throughout project: ~Prepare printed responses to comments received from the CITY following reviews. g' Provide the necessary plats for easement acquisition and DOT/other permit application. 13"" Prepare Public Works/DOT/Other permit applications for signature by the CITY. B Prepare and submit plans to EPD for review and approval when required. ~repare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY. 22 OF 23 REVISION DATE: FEBRUARY 5, 2001 I I I I I I I I I I I I I I I I I I I G,;( Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the submittal of Final documents. Provide cost breakdown for any items to be lump sum in the construction contract. Upon completion of design: GJ Coordinate with the City Purchasing Department to advertise the project. ca Fax bid information to CITY. Gi Attend bid opening. Gr Prepare letter of recommendation for award of the contract. GrAttain contractor's/ other signatures on the contract documents and forward to the CITY. o Invite attendees to, and conduct, the pre-construction meeting. [i( Provide clarification related to the plans/ specifications throughout design and construction. GrProvide record drawings at completion of the project electronically, per the Utilities Design Standards and Specifications (latest version). Note: Using information & data supplied by contractor. [i( 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 CONSULT 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. . David L. Hargrove BY: PRINTED NAME: TITLE: DIRECTOR DATE: 3;'l~;'~~ PROGRAM MANAGER /J / 4 TITLE: Vice President DATE: '2/% 104- BY: PRINTED NAME: TITLE: DATE: 23 OF 23 REVISION DATE: FEBRUARY 5, 2001