HomeMy WebLinkAboutGA SR121 / US25 Water Line Realignment
Augusta Richmond GA
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AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
STAFF AnORNEYS
V ANESSA FLOURNOY
SPARTlCUS HEYWARD
LEE BEARD
TOMMY BOYLES
ULMER BRIDGES
ANDY CHEEK
BODDY G. HANKERSON
WILLIAM B. KUHLKE, JR.
WM. "WILLIE" H. MAYS. III
STEPHEN E. SHEPARD
MARION WILLIAMS
JAMES B. WALL
CITY AnORNEY
AUGUSTA LAW DEPARTMENT
RICHARD L. COLCLOUGH
Mayor Pro Tem
GEORGE R. KOLB
Administrator
April 30, 2003
Please Reply to:
P.O. Box 2125
Augusta, GA 30903
(706) 821-2488
Fax (706) 722-5984
jwall@co.richmond.ga.us
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
RE: Contract Documents for
GA S.R.121/U.S. 25 Water Line Realignment
Dear Lena:
I enclose herewith an original of the contract between the City and the Consultant,
HNTB Corporation for the above referenced project. Please include tillS in the City's permanent
records.
By carbon copy of this letter, I am forwarding two originals of the Contract to Joe
Holley.
Thanking you, I am
Yours very truly,
~
James B. Wall
.TBW/sjp
Enclosure
cc: Mr. Joe Holley
- .
"
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
HNTB CORPORATION
CONSULTANT: HNTB CORPORATION
PROJECT: GA S.R.121/U.S.25 Water Line Realignment
DATE EXCECUTED:
DATE COMPLETED:
. ,
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STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
This Agreement is made and entered into this day of . 20_ by and between
AUGUST A, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and
HNTB CORPORATION , a Corporation authorized to do business in Georgia, hereinafter
called the "CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services
for:
WATER LINE REALIGNMENT IN CONJUNCTION WITH S.R.121/U.S.25
GA DOT PROJECT NO. EDS-565(9) ; 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 CONSULT ANT that:
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GENERAL PROVISIONS
ARTICLE 1. PROCUREMENT OF SERVICES
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 an,d
design services for the Project in accordance WIth the
requirements as outlined in and attached as
Attachment A Scope of Work and other relevant data
defming the Project.
1.1 Consultant Coordination
The CONSULTANT shall cooperate fully with all
municipalities, local government officials, utility
companies, and other consultants as directed by the ,
CITY. CITY, CONSULTANT and all relevant parties
agree to work together on the basis of trust, good faith
and fair dealing, and shall take actions reasonably
necessary to enable each other to perform this
Agreement in a timely, efficient and economical
manner. All parties agree to cooperate in a manner
consistent with good design practice and will exercise
the degree of skill and diligence normally employed
by professional engineers or consultants practicing
under similar conditions. CONSULTANT will re-
perform any services not meeting this standard without
additional compensation.
1.2 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.
1.3 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.
1.4 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.
1.5 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.
1.6 Time Of Completion
The time of completion shall be as described in the
schedule attached hereto as Attaclunent D - Schedule
for Performance.
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.
1.7 Project Progress
CONSULTANT'S services and compensation under
this Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project
through completion.
1.8 Litigation
Nothing in this Agreement shall be construed as
obligating the CONSULT ANT to appear, support,
prepare, document, bring, defend or assist in litigation
either undertaken or defended in behalf of the CITY
except in consideration of compensation. All such
services required or requested of CONSULTANT by
the CITY except suits or claims between the parties to
this Agreement will be reimbursed as additional
servIces.
1.9 Bindings
It is 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 CONSULTANT shall assign, sublet or
transfer its or their interest in this Agreement without
prior written consent of the other party hereto.
1.10 Extent Of The Agreement
This Agreement represents the entire agreement
between CITY and CONSULTANT and supersedes all
prior negotiations, representations and agreements,
either written or oral.
ARTICLE 2. DEFINITIONS
Wherever used in this Agreement, whether in the
singular or in the plural, the following terms shall have
the following meanings:
2.1 Aereement Execution - means the date on which
CONSULTANT executes and enters into an
Agreement with CITY to perform the Work.
2.2 Aereement Price - means the total monies,
adjusted in accordance with any provision herein,
payable to the CONSULTANT under this Agreement.
2.3 CITY - means a legal entity AUGUSTA,
GEORGIA, a political subdivision of the State of
Georgia.
2.4 CONSULTANT - means the party or parties
contracting directly with the CITY to perform Work
pursuant to this Agreement.
2.5 Contract - means the Agreement Documents
specifically identified and incorporated herein by
reference.
2.6 Contract Time - means the period of time stated
in this Agreement for the completion of the Work.
2.7 Proeram Manaeer - 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 CONSULTANT's plans and work.
2.8 Subcontractor - means any person, firm,
partnership, joint venture, company, corporation, or
entity having a contractual agreement with
CONSULT ANT or with any of its subcontractors at
any tier to provide a part of the Work called for by this
Agreement.
2.9 Supplemental Aereement - means a written
order to CONSULT ANT signed by CITY and
accepted by CONSULTANT, effecting an addition,
deletion or revision in the Work, or an adjustment in
the Agreement Price or the Contract Time, issued after
execution of this Agreement.
2.10 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.
2.11 Work - means any and all obligations, duties and
responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other
services or things necessary to the successful
completion of the Project, assigned to or undertaken
by CONSULTANT under this Agreement.
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ARTICLE 3: CONTRACT DOCUMENTS
3.1 List of Documents
The Agreement, the General Conditions, the
Attachments, and any Supplemental Agreements,
including Task Orders shall constitute the Agreement
Documents.
3.2 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
ARTICLE 4. GENERAL CONDITIONS
4.1 Commencement Of Work
The performance of the work as defined in the
Agreement between CONSULTANT and the CITY,
and herein described in this Agreement as Attachment
A Scope of Work shall be commenced upon receipt
by the CONSULTANT ofa written Notice to Proceed.
The effective date of services shall be defined in each
Notice to Proceed.
4.2 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 CONSULTANT'S profession practicing
under similar conditions.
4.3 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
CONSULTANT's compensation, which are mutually
agreed upon by and between the CITY and the
CONSULT ANT, 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 in compensation or schedule.
4.4 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
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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 incorporated herein by
reference. No changes or substitution shall be
permitted in the CONSULTANT's Key Personnel
without the prior written approval of the CITY or his
designee.
The CONSULTANT shall employ only persons duly
registered in the appropriate category in responsible
charge of supervision and design of the work. The
CONSULTANT shall endorse all reports, contract
plans, and survey data. Such endorsements shall be
made by a person duly registered in the appropriate
category by the Georgia State Board of Registration
for Professional Engineers and Land Surveyors, being
in the full employ of the CONSULTANT and
responsible for the work prescribed by this Agreement.
4.5 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 CONSULTANT shall
give immediate attention to these changes so there will
be a minimum of delay to others.
Acceptance of the work by the CITY will not relieve
the CONSULT ANT of the responsibility for
subsequent correction of any errors and the
clarification of any ambiguities.
4.6. 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
CONSULTANT without prior approval from the
CITY, the release of same shall constitute grounds for
termination of this Agreement without indenmity 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.
4.7 Open Records
CONSULTANT acknowledges 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. ~ 50-18-70, et
seq.). CONSULTANT shall corporate fully in
responding to such
requests and making all records, not exempt, available
for inspection and copying as provided by law.
4.8 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.
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
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under this Agreement, or if the CONSULTANT shall
violate any of the covenants, agreements or
stipulations of this Agreement, CONSULTANT 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.
4.10 Termination For Convenience Of The City
The CITY may terminate this contract in part or in
whole upon written notice to the CONSULTANT.
The CONSULTANT shall be paid for any validated
services under this Contract up to the time of
terminati on.
4.11 Coordination And Cooperation With Other
Utilities And Consultants
CONSULTANT shall thoroughly research all utility
records to identify the existing facilities on the
submitted 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.
4.12 Covenant Against Contingent Fees
The CONSULTANT warrants that no person or selling
agency has been employed or retained to solicit or
secme 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
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.
4.13 Responsibility For Claims And Liability
The CONSULTANT shall be responsible for any and
all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold
harmless the CITY, its officers, agents and employees
from all suits, claims, actions or damages of any nature
whatsoever to the extent found to be resulting from the
CONSULTANT, its subcontracts, or agent in the
negligent performance or non-performance of work
under this Agreement. These indemnities shall not be
limited by reason of the listing of any insurance
coverage.
4.14 Insurance
The CONSULTANT shall, at all times that this
Agreement is in effect, cause to be maintained in force
and effect an insurance policy(s) that will ensure and
indemnify both the CITY and Program Manager
against liability or financial loss resulting from injuries
occurring to persons or property or occurring as a
result of any negligent error, act, or omission 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:
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4.14.1 Workmen's Compensation Insmance - in
accordance with the laws of the State of Georgia.
4.14.2 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 any
one occurrence.
4.14.3 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.
4.14.4 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.
4.14.5 Professional Liability Insurance - in an amount
of not less than One Million ($1,000,000) Dollars or
an amount that correlates to the aggregate fee on the
project should it exceed $1,000,000.
CITY will be named as an additional insured with
respect to CONSULTANT's liabilities hereunder in
insurance coverages identified in items (b) and (c).
The policies shall be written by a responsible
eompany(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 CITY at the time of the execution of this
Agreement.
4.15 PROIDBITED INTERESTS
4.15.1 Conflict of Interest
The CONSULTANT agrees that it presently has no
interest and shall acquire no interest, direct or indirect,
that would conflict in any manner or degree with the
performance of its services hereunder. The
CONSULT ANT further agrees that, in the
performance of the Agreement, no person having such
interest shall be employed.
4.15.2 Interest of Public Officials:
No member, officer, or employee ofthe CITY during
his tenure or for one year thereafter, shall have any
interest, direct or indirect, in this Agreement or the
proceeds thereof.
4.15.3 Employment of CITY's Personnel:
The CONSULTANT shall not employ any person or
persons in the employ of the CITY for any work
required by the terms of the Agreement, without the
written permission of the CITY except as may
otherwise be provided for herein.
4.16. 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.
4.17 ASSIGNABILITY
The CONSULTANT shall not assign or transfer
whether by an assignment or notation, any of its rights,
obligations, benefits, liabilities or other interest under
this Agreement without the written consent of the
CITY.
4.18 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the
CONSULTANT agrees as follows: (1) the
CONSULT ANT will not discriminate against any
employee or applicant for employment because of
race, creed, color, sex or national origin; (2) the
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
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national origin; (3) the CONSULTANT will cause the
foregoing provisions to be inserted in all subcontracts
for any work covered by the Agreement so that such
provision will be binding upon each subcontractor,
provided that the foregoing provision shall not apply
to contracts or subcontracts for standard commercial
supplies of raw materials.
4.19 DRUG FREE WORK PLACE
CONSULTANT shall be responsible for ensuring 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
defmed as CITY owned or leased property, vehicles,
and project or client site. Any violation of the
prohibitions may result in discipline and/or immediate
discharge.
CONSULT ANT 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.
4.20 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 "Anti-
kickback" laws, and shall insert appropriate provisions
in all subcontracts covering work under this
Agreement.
4.21 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, to examine and make
copies, excerpts or transcripts from such records of
personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
The CONSULT ANT shall maintain all books,
documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project
and used in support of its proposal and shall 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.
4.22 OWNERSHIP, PUBLICATION,
REPRODUCTION AND USE
All documents and materials prepared as an instrument
of service pursuant to this Agreement are the property
of the CITY. The CITY shall have the unrestricted
authority to publish, disclose, distribute, and otherwise
use, in whole or in part, any reports, data, maps, or
other materials prepared under this Agreement without
according credit of authorship. The CITY shall hold
harmless the CONSULTANT against all claims
arising out of such use of documents and materials
without the CONSULTANT's knowledge and written
consent.
4.23 VERBAL AGREEMENT OR
CONVERSA TION
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street, Room 800
Augusta, GA 30911
Copy to:
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.
4.24 INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services under
this Agreement as an independent contractor and
nothing contained herein shall be construed to be
inconsistent with this relationship or status. Nothing
in this Agreement shall be interpreted or construed to
constitute the CONSULTANT or any of its agents or
employees to be the agent, employee, or representative
of the CITY.
4.25 NOTICES
All notices shall be in writing and delivered in person
or transmitted by certified mail, postage prepaid.
Notices shall be addressed as follows:
CONSULTANT:
ANTE CORPORATION
1100 CIRCLE 75 PARKWAY
SUITE 650
ATLANTA, GA 30339
PROGRAM MANAGER:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
AUGUST A PROGRAM MANAGER
CH2M HILL, INe.
360 Bay Street, Suite 100
Augusta, GA 30901
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
AUG
If ::TED NAME: 'iD (,
~ TITLE: MAYOR
DATE:
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, Ga 30901
TITLE: Vice President, Southeast Division
DATE: J'2f;'03
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CONSUL T ANT'S RESPONSIBILITIES
CONSULT ANT , in order to determine the requirements of the Project, shall review the information in
Attachment A - Scope of Services. CONSULTANT shall review its understanding of the Project
requirements with Program Manager and shall advise CITY of additional data or services which are not a
part of CONSULTANT's services, if any, necessary for design to begin.
PROJECT UNDERSTANDING
Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's
and CONSULTANT'S requirements for this part of the project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and expendability, and any
budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and
other materials that may be relied upon in performing CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the project
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 CONSULTANT to submit progress reports and/or plans shall be cause to
withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in
the regard.
The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the insurance limits as specified in Article
3 - General Conditions 4.14 Insurance.
CITY'S RESPONSffiILITES
CITY-FURNISHED DATA
CITY will provide to CONSULT ANT all data in CITY's possession relating to CONSULT ANT's
services on the PROJECf. 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 CONSULTANT, the CITY will 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 services or PROJECf 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 CONSULTANT whenever CITY observes or becomes aware of
any development that affects the scope or timing of CONSULTANT's Services, or of any defect in the
work of CONSULTANT 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 CONSULT ANT by CITY, except for suits or claims between the
parties to this AGREEMENT, will be reimbursed as additional services.
"
ATTACHMENT A
SCOPE OF SERVICES
AUGUSTA UTILITIES DEPARTMENT
ENGINEERING DIVISION
I. Project Description
Relocation of 12-inch Water Main
S.R. 121/U.S. 25
GOOT Project: EOS-565(9); P.1. No. 22210
Augusta Utilities Project No. 10275
II. Scope of Services and Assumptions
HNTB will prepare the final design and construction plans and technical specifications to
depict the relocation of approximately 22,000 linear feet of 12-inch water main. Submittals
will be made at the 30%, 60%, and 90% stage of completion.
The specific Scope of Services to be provided by HNTB for this project is:
~ Progress Submittals will be made at the 30%, 60%, and 90%. Each of these
submittals will include an updated cost estimate and progress drawings. Design and
construction documents for relocating for the 12-inch ductile line relocation will be
performed in accordance with applicable published Augusta Utilities Department
standards.
The above Scope of Services has been developed, with the following assumptions
and limitations:
~ The layout of the water line is based on plans received on November 12, 2002
depicting the proposed layout for the water line.
~ HNTB will verify location of existing water and sewer lines within the project area,
utilizing existing field surveys.
~ Plans will be developed and delivered in Microstation format. The file layering
structure will be in accordance with GDOT CAOO standards for the Burke-Richmond
SR 121/US 25 project.
~ HNTB will develop detailed cost estimates using the Summary of Quantities
developed in the plan set.
~ HNTB will produce and plot originals and 3 copies of each submittal for review.
1
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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 as defined in CONSULTANTS cost proposed for completing the
Scope of Work dated January 29, 2003 and attached and attach and make a part 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 be considered evidence of
performance by the CONSULTANT 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.
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.
.'
.'i:
January 29, 2003
Mr. Joe Holley, Jr., LS, PE
Engineering Superintendent
Augusta Utilities Division
Engineering and Construction Division
360 Bay Street, Suite 180
Augusta, Georgia 30901
Re: Scope and Fee Proposalfor Engineering Services
Relocation of 12-inch Water Main
S.R. lUIU.S. 25
GDOT Project: EDS-565(9)j P.l. No. 22210
Augusta Utilities Project No. 10275
Dear Mr. Holley:
HNTB Corporation is pleased to submit this professional engineering services fee proposal for design
services related to the proposed relocation of the subject 12-inch water main. HNTB's water
distribution design qualifications, as well as relevant information and assumptions pertaining to this
scope and fee development are presented below.
I. Qualifications
For over 35 years, public and private-sector clients have been looking to HNTB to help address their
water conveyance challenges from planning and design through construction phasing and operations
support. We offer an array of environmental engineering expertise ranging from water and wastewater
treatment plant planning and design to ecological restorations, stormwater management, sewer storage
tunnels, and all forms of water conveyance and pumping systems. Three recent projects with
comparable scope elements to this Augusta Utilities Department project are listed below.
Cincinnati Perimeter Road Extension - CincinnatilNorthern Kentucky International Airport,
Hebron, KY - Over 2,250 feet of 6-inch water line was designed by HNTB, with corresponding
construction administration support in this project completed in 1999. This line included necessary
valves and hydrants to feed a new police pistol range facility and two new softball fields on airport
property .
Savannah Southwest Area Access Road - Savannah International Airport, Savannah, GA -
Almost 7000 feet of to-inch water line including fire hydrants, gate valves, air relief valve manholes,
and 6" lateral water line stub-outs were designed in preparation for future commercial area
development on airport property. HNTB will perform construction administration services on this
project set to begin construction in late Spring 2003.
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Letter to Joe Holley
January 29, 2003
Page 2
Relocation of KY 3168, Boone County, KY - Over 3,750 feet of 12-inch ductile iron water line and
corresponding valves and hydrants was designed to be relocated along with a portion of this Kentucky
state route. HNTB will also perform construction administration support on this project set to begin
construction in Spring 2003.
II. Scope of Services and Assumptions
HNTB will prepare the final design and construction plans and technical specifications to depict the
relocation of approximately 22,000 linear feet of 12-inch water main. Submittals will be made at the
30%, 60%, and 90% stage of completion.
The specific Scope of Services to be provided by HNTB for this project is:
~ Progress Submittals will be made at the 30%, 60%, and 90%. Each of these submittals will
include an updated cost estimate and progress drawings. Design and construction documents for
relocating for the 12-inch ductile line relocation will be performed in accordance with applicable
published Augusta Utilities Department standards.
The above Scope of Services has been developed, with the following assumptions and limitations:
~ The layout of the water line is based on plans received on November 12, 2002 depicting the
proposed layout for the water line.
~ HNTB will verify location of existing water and sewer lines within the project area, utilizing
existing field surveys.
~ Plans will be developed and delivered in Microstation format. The file layering structure will be
in accordance with GDOT CADD standards for the Burke-Richmond SR 121/US 25 project.
~ HNTB will develop detailed cost estimates using the Summary of Quantities developed in the
plan set.
~ HNTB will produce and plot originals and 3 copies of each submittal for review,
III. Compensation
HNTB will provide the above Scope of Services, with the stated assumptions and limitations, for a
Lump Sum fee of $43,542. Invoices will be submitted monthly.
IV. Schedule
HNTB is prepared to complete all necessary coordination and Design Documents within four months
of the Augusta Utilities Department's NTP to us. It is anticipated that NTP will occur in January,
2003 in order to complete the design phases and to bid the project in May, 2003.
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..... "';
Letter to Joe Holley
January 29.2003
Page 3
V. Summary
HNTB believes the above proposal reflects the requisite effort needed to accomplish the scope of the
project, as outlined. Although Tim Heilmeier is the HNTB PM for the SR 121 project, please consider
me as your direct contact on the water line relocation efforts.
We look forward to working on this assignment with you and your staff.
Sincerely,
HNTB CORPORATION
Hugh Weaver, P.E.
Project Manager
HFWlhfw
cc. Tim Heilmeier HNTB
25824- DS-003-003 file
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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:
HUGH WEAVER PROJECT MANAGER
PAUL STEPHANS PROJECT ENGINEER
LORI STEINER DESIGN ENGINEER
REBECCA COLLINS ENGINEER 1
JIM WATSON CAD TECHNICIAN
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ATTAC~NTD-SCHEDULEFORPERFORMANCE
HNTB is prepared to complete all necessary coordination and Design Documents
within four months of the Augusta Utilities Department's NTP to us.
It is anticipated that NTP will occur in January, 2003 in order to complete
the design phases and to bid the project in May, 2003.