HomeMy WebLinkAboutAGREEMENT WITH DEWBERRY & DAVIS FOR UPDATE TO AUD'S WATERSHED ASSESSMENT AND SOURCE WATER PROTECTION PLAN � �
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STATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
Dewberry & Davis, Inc.
(CONSULTANT)
CONSULTANT: DEWBERRY & DAVIS, INC.
PROJECT: Watershed and Source Water Protection Plans
DATE EXECUTED:
DATE COMPLETED:
1 OF 29 REVISION DATE: June 2011
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STATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
DEWBERRY & DAVIS, INC.
(CONSULTANT)
This Agreement is made and entered into this day of , 2011
by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter
called the "CITY" and Dewberry & Davis, Inc. 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: Watershed and Source Water Protection Plans; 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 29 Revision Date: September 29, 2000
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GENERAL PROVISIONS
CONSULTANT has agreed in its Agreement with CITY to provide the professional services
required to meet the scope as described in Attachment A.
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.
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 forth or specific dates
by which services are to be completed are provided and if such periods of time or dates are
changed through no fault of CONSULTANT, the rates and amounts of compensation provided
for herein shall be subject to equitable adjustment.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing
under the hands and seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D-
Schedule.
3 OF 29 Revision Date: September 29, 2000
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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
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.
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 CONSULTANT 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 CONSULTANT each binds itself and themselves, it's 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 CONSULTANT and
supersedes all prior negotiations, representations and agreements, either written or oral.
4 OF 29 Revision Date: September 29, 2000
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DEFINITIONS
Wherever used in this Agreement, whether in the singular or in the plural, the following terms
shall have the following meanings:
A�reement Execution - means the date on which CONSULTANT executes and enters into an
Agreement with CITY to perform the Work.
A�reement Price - means the total monies, adjusted in accordance with any provision herein,
payable to the CONSULTANT under this Agreement.
CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia.
CONSULTANT - means the party or parties contracting directly with the CITY to perform
Work pursuant to this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by
reference.
Contract Time - means the period of time stated in this Agreement for the completion of the
Work.
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.
S�plemental A�reement - 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 29 Revision Date: September 29, 2000
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CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements,
including Task Orders shall constitute the Agreement Documents.
Conflict and Precedence
The Agreement Documents are complementary, and what is called for by one is as binding as if
called for by all. In the event there are any 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 29 Revision Date: September 29, 2000
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GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services 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 CONSULTANT's
compensation, which are mutually agreed upon by and between the CITY and the
CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require
the approval of the CITY.
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 attachecl hereto as
Attachment C- Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written
approval of the CITY or his designee.
The CONSULTANT shall employ only persons duly registered in the appropriate category in
responsible charge of supervision and design of the work as required. 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.
7 OF 29 Revision Date: September 29, 2000
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5. ACCURACY OF WORK
The CONSULTANT shall be responsible for the accuracy of the work and shall promptly
correct negligent errors and omissions in such work 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 CONSULTANT of the responsibility for
subsequent correction of any such 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 thereta
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 indemnity to the CONSULTANT, but
should any such information be released by the CITY or by the CONSULTANT with suchprior
approval, the same shall be regarded as public information and no longer subject to the
restrictions of this Agreement.
7. OPEN RECORDS
CONSULTANT acknowledge that all records relating to this Agreement and the services to be
provided under the contract may be a public record subject to Georgia's Open Records Act
(O.C.G.A. � 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such
request and making all records, not exempt, available for inspection and copying as provided
by law.
8 OF 29 Revision Date: September 29, 2000
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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.
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, 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 CONSULTANT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents, as mutually agreed by the CITY and
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 services under this
Contract up to the time of termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND
CONSULTANTS
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
9 OF 29 Revision Date: September 29, 2000
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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 CONSULTANT for the purpose of
securing business and that the CONSULTANT has not received any non-CITY fee related to this
Agreement without the prior written consent of the CITY. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement without liability or at its
discretion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT shall be responsible for any and all damages to 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.
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 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 Com�ensation Insurance — in accordance with the laws of the State of Georgia.
B. Public Liability Insurance — in an amount of not less than One Million ($1,000,000) Dollars
for injuries, including those resulting in death to any one person, and in an amount of not
less than One Million ($1,0OO,ObO) Dollars on account of any one occurrence.
10 OF 29 Revision Date: September 29, 2000
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C. Pro�erty Dama�e 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.
. Professional Liabilitv Insurance - in an of not less than One Million ($1,000,000) Dollars per
claim and in the aggregate or an amount that correlates to the aggregate fee on the project
should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities
hereunder in insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and
shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall
name the CITY as additional 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 its services hereunder. The CONSULTANT further agrees that, in
the performance of the Agreement, no person having such interest shall be employed.
15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his
tenure or for one year thereafter, shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof.
15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or
persons in the employ of the CITY for any work required by the terms of the Agreement,
without the written permission of the CITY except as may otherwise be provided for
herein.
16. SUBCONTRACTING
The 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.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions
set forth in this Agreement.
11 OF 29 Revision Date: September 29, 2000
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17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of
its rights, obligations, benefits, 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
CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by the Agreement so that such provision will be binding upon each
subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts
for standard commercial supplies of raw materials.
19. DRUG FREE WORK PLACE
CONSULTANT shall be responsible for insuring that its employees shall not be involved in any
manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a
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 immediate discharge.
CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal
drug statute conviction for workplace violation.
CONSULTANT may require drug or alcohol testing of employees when contractually or legally
obligated, or when good business practices would dictate.
20. ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and technicians performing work under this
Agreement shall be paid unconditionally and not less often than once a month without
deduction or rebate on any account except only such payroll deductions as are mandatory by
law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws,
and shall insert appropriate provisions in all subcontracts covering work under this Agreement.
21. AUDITS AND INSPECTORS
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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 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 unrestricted authority to publish,
disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other
materials prepared under this Agreement without according credit of authorship. The CITY
shall hold harmless the CONSULTANT against all claims arising out of such use of documents
and materials without the CONSULTANT's knowledge and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No 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 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.
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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: CONSULTANT:
ADMINISTRATOR PROJECT MANAGER
AUGUSTA, GEORGIA Teresa Crisp, PE
530 Greene Street Dewberry & Davis, Inc.
Augusta, GA 30901 2835 Brandywine Road, Suite 100
Atlanta, GA 30341
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, GA 30901
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written
below: -
� AUGUST� GEORGIA (CITY) DEWB RY A IS, INC. (CONSULTANT)
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BY: ��''�...''" BY:
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. TITLE: MAYOR TITLE: President
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14 OF 29 Revision Date: September 29, 2000
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT shall review its understanding of the Project requirements with the CITY and
shall advise CITY of additional data or services which are not a part of CONSULTANT's
services, if any, necessary for work 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
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.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 — Insurance.
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 CONSULTANT, the CITY will
15 OF 29 Revision Date: September 29, 2000
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. 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 PROJECT
construction.
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONSULTANT's Services, or of
any defect in the work of CONSULTANT.
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.
16 OF 29 Revision Date: September 29, 2000
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ATTACHMENT A- SCOPE OF SERVICES
PROJECT DESCRIPTION:
Introduction
The Watershed / Sourcewater Protection Plannning work will consist of two phases. Phase 1 is
covered in this Scope of Work (SOW). Phase 2 will be scoped and budgeted at a later date. The
table below summarizes the phases. The primary focus of this document is Phase 1. Any work
identified as Phase 2 effort can not be initiated without prior written authorization of Augusta
Utilities De artment (AUD).
Task 1: Project Management PM to su ort Phase 1 PM to su ort Phase 2
Task 2: Assess Status of Complete Task N/A
Protection Plan
Im lementation Strate ies
Task 3: Evaluate / Update Watershed: Meet with EPD Watershed: Finalize updated
Existing Program and ensure concurrance on Plan
direction regarding update Source Water: N/A
Sourcewater: Com lete Task
Task 4: Community Complete Task N/A
Outreach
Task 5: Fat Oil and Grease Enhance Written Program Implement Education and
Develop Education / Inspection Plan
Inspection Plan
Identify FOG Disposal
Strate ies
17 OF 29 Revision Date: September 29, 2000
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SCOPE OF WORK (SOW): Phase 1
Task 1: Project Management
Under the Project Management Task, the project manager, Teresa Crisp, will be responsible for
the schedule, budget, coordination, and communication. Teresa will be supported by Dewberry
staff primarily in Atlanta and Raleigh.
Project Work Plan
Within 14 days of notice to proceed (NTP), Dewberry will meet with AUD and present a project
work plan defining the roles and responsibilities of the project team, communication protocols,
the schedule, project budget, QA/QC Plan and AUD's expectations of the project. Dewberry
will revise the project work plan based on comments received by Augusta.
Project Communication
Dewberry will attend monthly client meetings (up to 12 meetings) for project coordination and
updates. We will prepare the meeting agenda and distribute meeting minutes. In addition, we
will prepare and submit a monthly status report to update the study schedule, list milestones
achieved, support and document schedule changes, update project costs, and justify changes to
the schedule or proposed study costs.
Deliverables
Dewberry will deliver any hard copy and electronic files of the deliverables outlined
throughout the SOW.
• Project work plan;
• Monthly progress reports;
• Monthly invoices; and
• All close-out files.
Task 2: Assess Status of Protection Plan
Implementation Strategies
As the wastewater discharge permit holder, AUD is responsible for coordinating with the
various Augusta government departments in order to define roles and responsibilities related to
the implementation of the watershed protection program. Dewberry will coordinate with the
various departments and document the overall countywide fecal reduction program including
those projects whose primary goals were not aimed at water quality. Dewberry will obtain the
18 OF 29 Revision Date: September 29, 2000
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list of improvements from the watershed protection plan and interview AUD, Public Works and
Planning & Zoning to determine the status of projects being implemented throughout the
County. We will present a summary report to AUD outlining the projects completed in the past
five years and those funded that may contribute to protecting the water quality in Augusta
streams, particularly as it relates to fecal coliform levels. This report will assist in updating the
protection plans by potentially identifying areas to redirect efforts and by documenting
progress to EPD.
Deliverables
• Memorandum summarizing the status of the implementation strategies identified in the
Augusta Watershed Plan.
• Matrix outlining the status and path forward.
Task 3: Evaluate / Update Existing Program
Watershed Protection
For Phase 1, Dewberry will perform the following tasks:
• Update the monitoring database with recently collected water quality data. It is assumed AUD
will provide existing database.
• Coordinate with AUD and EPD to go over the implementation strategies completed and discuss
the plans to move forward. After preparing the Implementation Status Memo in Task 2,
Dewberry will arrange for a meeting with AUD and EPD to discuss the progress and how AUD
plans to move forward. Dewberry will schedule the meeting, prepare the handouts, attend and
prepare a Meeting Summary.
Source Water Protection
One of the action items of the source water protection plan is to develop written inter-
jurisdictional agreements to outline items such as the procedures (including notification
procedures) should a spill occur upstream of AUD's intake. To date, the policies have been
undocumented. Dewberry will prepare a draft inter-jurisdictional agreement template for
approval by AUD and the Augusta attorney. Dewberry will then schedule up to five meetings
with neighboring jurisdictions (Aiken County, Columbia County, Edgefield County and North
Augusta) and AUD to discuss the proposed inter-jurisdictional agreements associated with
spills and communicating regarding upstream potential pollutants. Dewberry will work with
AUD to incorporate accepted revisions suggested by the neighboring jurisdictions.
In addition to the inter-jurisdictional agreements, Dewberry will assess any changes in the
potential pollutant sources and map those changes. Due to little change in the upstream
19 OF 29 Revision Date: September 29, 2000
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potential pollutant sources, we anticipate minor edits to the Source Water Protection Plan to
satisfy the requirements of EPD.
Deliverables
• Draft Inter-jurisdictional agreements;
• Assistance in coordinating with EPD;
• Materials for AUD, Dewberry and EPD meeting (maps, summary of status, meeting
agenda, etc)
• Updated monitoring database;
• Written summary of any EPD meetings; and
• Updated Source Water Protection Plan
Task 4: Redevelop Communication Outreach and
Educational Programs
This task includes conducting public outreach activities in support of the watershed protection
plan as well as AUD's overall goals. The following table outlines the recommended
mechanisms for reaching the various stakeholder groups. Once the SOW is finalized, Dewberry
will submit a communication plan detailing the activities and will work closely with an AUD
liaison to train and work hand in hand with on this program. Dewberry and AUD will evaluate
the activities periodically. Performance metrics will include the level of involvement from AUD
staff and whether or not the tasks are ready to be fully transitioned to AUD staff within one
year. Dewberry will also conduct surveys quarterly throughout the year with teachers and the
Roundtable members to gauge the effectiveness of the program. The results of the surveys will
provide a feedback mechanism for continuous improvement of the outreach effort to meet the
needs and objectives of the AUD, the Commissioners and the public.
• _ � • • • ` • e ° _
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Stakeholder Watershed Roundtable meetings Continued collaboration among stakeholders
Or anizations
Customers Quarterly Newsletter as Bill Insert Communication of key projects to customers
(similar to previous H20 in the Education materials for customers on items
Know newsletter) such as water conservation/cost savings
Articles for 3` party newsletters ideas
Ensure current information and same
Rivers Alive stream clean-up message is presented on website
Provide project articles to utilize on
website
Schools River Rangers Program "It is just like wearing your seatbelts or
Free online water osters rec clin ; we all do it, because our children
20 OF 29 Revision Date: September 29, 2000
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Enviroscape came home from school and told us to. AUD
Free online posters has taken that lesson and applied it to
Water Career Day protecting our environment." AUD Assistant
Au usta Water Photo contest Director
Stakeholder Organizations
Dewberry will organize a committee that will serve as the Augusta Watershed Roundtable and
will consist of up to 11 people including a representative from organizations such as: Augusta
Clean and Beautiful, Adopt a Stream, Sierra Club, Riverkeepers, Southeastern Natural Science
Academy, Augusta Utilities Department, Greater Augusta Homebuilder Association, Augusta
Planning Commission, Augusta Public Works, Columbia County, Central Savannah River Area
Regional Development Commission (CSRA RDC), Augusta Chamber of Commerce and the
Neighborhood Alliance. We will organize and facilitate quarterly meetings with the Augusta
Watershed Roundtable.
The purpose of the first meeting will be to introduce the members and provide a brief update of
the various activities each group is conducting within Augusta. Dewberry will interview each
Roundtable member to develop a list of potential coordination efforts among the groups. This
list will be provided at the second meeting and will be the topic of discussion for the second
meeting.
Additional agenda topics will be decided based on input from the Roundtable. In support of this, we will
perform the following task:
■ Send invitations to members 14 days before each meeting;
■ Select and reserve an Augusta venue;
■ Arrange for refreshments at each meeting;
■ Select a focus topic for discussion. (Dewberry will arrange for a speaker or will facilitate a
group discussion);
■ Prepare and distribute copies of presentation to committee members at each meeting;
■ Prepare and distribute meeting summaries within 10 days following the meetings; and
■ Include AUD assigned staff in planning process so that they can manage the Roundtable after
1 year.
Customers
Utility Bill Newsletters
Dewberry will develop a quarterly newsletter to be inserted into the water/sewer billing. This
newsletter will serve as an avenue to communicate with the customers on key projects or
activities being conducted by AUD. It will be similar in size and layout to the four-page AUD
H20 in the Know newsletter previously inserted into the utility bills. The articles will be
developed based on interviews with AUD staff inembers and will be written primarily by
Dewberry. Our goal will be to maintain and improve the confidence customers have in AUD.
We will work closely with customer service regarding the requirements of the newsletter and the
deadline for submission. The newsletter will be delivered electronically to AUD for insertion
into the utility bill and distribution by AUD.
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Dewberry will deliver the printed copies of the newsletter to AUD's third party billing company
for inclusion in the water bill quarterly. Dewberry will also provide articles from the bill insert
newsletter in an electronic format (such as a pdf or jpeg) for inclusion on the website.
Additional Articles
In addition, Dewberry will prepare and provide up to six articles for inclusion in newsletters produced by
the following agencies: Neighborhood Alliance, Homebuilders Association, Sierra Club, Augusta
Chronicle Sunday Home Section, and/or Riverkeepers. The purpose will be to convey messages about
ongoing programs intended to protect the Augusta watershed.
SCh001S
Dewberry will partner with AUD to provide water education to Augusta's future by streamlining
the process for classrooms, including providing teachers with website links, copies of materials
needed and volunteers for their classrooms. Dewberry will also coordinate with the Board of
Education to illustrate how the programs we identify will meet curriculum requirements. The
intentions are that AUD will provide a staff inember to participate on this task with Dewberry.
After the 20ll-2012 school year, we will assume AUD staff will take over this program. The
program will be similar to that previously conducted by AUD and will include a targeted
curriculum for the specific audiences:
Elementary Schools
• We will target 4th graders by presenting the award-winning "River Rangers" program, which
focuses on identifying ways to both conserve water and decrease water pollution. Augusta has
already purchased this program from C1eanWater Services, a Utility in Oregon. We recommend
AUD continue this program. Based on published research about the effectiveness of this
program and the students' retention of the information learned, we believe this program is an
effective tool for showing students how to reduce pollution and conserve water. Each River
Rangers activity bundle will consist of 250 children activity packets plus a teacher's guide. The
individual packets contain a booklet, badge and eight stickers. Augusta already owns the posters
and a video explaining the program.
http://www.cleanwaterservices.org/Residents/ToolsAndTips/RiverRangers.aspx
• Dewberry will visit up to 15 elementary schools in the school district (approximately half
of the total number of elementary schools). We will organize the presentations and train
AUD staff to participate in the presentations. It is Dewberry's intent to transfer the
program to AUD staff by the second year of the program. This will be done by
partnering with AUD assigned staff throughout the 2010-2011 school year.
Middle Schools
• Augusta purchased an Enviroscape model in September 2001 and has demonstrated it to
over 800 people. Dewberry will partner with Augusta to demonstrate the Enviroscape
Model to middle schools. We will coordinate with the Augusta Richmond County
22 OF 29 Revision Date: September 29, 2000
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Board of Education in obtaining contact names at the schools and will again provide
written explanation as to how the Enviroscape lesson can fit into their curriculum. We
have budgeted to present the Enviroscape Model up to 121ocations. We will organize
the presentations and will train AUD staff to participate in the program. It is
Dewberry's intent to transfer the program to AUD staff by the second year of the
program.
• Augusta has made the Enviroscape available for teachers to borrow. The model has
been borrowed by Phinizy Swamp, RDC, and EPD. We will create a postcard and mail
it to up to 25 organizations/schools to indicate the benefit of the Enviroscape Model and
how these organizations can borrow it from AUD.
• Dewberry will download puzzles and order free posters and brochures to distribute to
the schools that we visit. We will reach out to the US Geological Survey, GA EPD
(P2AD) and Environmental Protection Agency for identification of free materials. For
example, free posters are available as part of the water resources education program
developed through the USGS Water Resources Education initiative targeted at middle
schools. A copy of any document distributed will be provided to AUD.
• We will identify a middle school or Boy Scout group to conduct a stream clean up
during the Rivers Alive event. We will work with the state to deliver the free Rivers
Alive t-shirts to the participants.
High Schools �
• Dewberry will coordinate with the Davidson Fine Arts School and up to three other high
school classes regarding a Clean Water and Streams in Augusta photo contest. The
selection will be made prior to Clean Water Week, and we will solicit local vendors in
order to award the study a gift certificate to a photography store or class. We will
request the Mayor present the student with a plaque and gift certificate at an Augusta
Richmond County Commission meeting. We will also frame the photo and provide
copies to the Mayor, the student, their school and AUD.
• Dewberry will also coordinate a Water Career Day with all eight high schools in
Augusta. We will work with AUD to solicit volunteers to discuss their water career path
with classrooms. This program was a huge success for AUD in the past, and it will be a
priority for Dewberry to again seek a variety of professionals and to have AUD
employees heavily involved. Dewberry will arrange the events, coordinate the
�olunteers, and initiate the presentation at each school. Dewberry will also seek media
coverage of the event.
Evaluation of Public Outreach Program
Dewberry and AUD will evaluate the community outreach activities at the end of the 12-month period.
Perfarmance metrics will include the level of involvement from AUD staff and whether or not the tasks
are ready to be transitioned to AUD staff fully. Dewberry will also conduct surveys quarterly with
teachers and the Roundtable members to gauge the effectiveness of the program. The results of the
surveys will provide a feedback mechanism for continuous improvement of the outreach effort to meet
the needs and objectives of the AUD, the Commissioners and the public.
23 OF 29 Revision Date: September 29, 2000
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Deliverables
• Outreach transition plan;
• Approved list of Augusta Watershed Roundtable including contact information;
� Invitations / Agenda for each Roundtable meeting;
• Refreshments for each Roundtable meeting;
• Copies of each presentation of Roundtable meeting;
• Roundtable meeting summaries;
• Bill Insert provided to 3rd party billing company;
� Electronic copies of bill insert newsletter;
� Schedule for school presentations (coordination with AUD staff);
� Free puzzles, posters, brochures from internet;
• Photo Contest submittals from high school students; and
• Summary Memo evaluating programs.
Task 5: Enhance Fat Oil and Grease (FOG)
Program
The primary goal of FOG program is to improve water quality by reducing the sanitary sewer
overflows caused by fat oil and grease in the collection system. Below are the identified tasks
for Phase 1.
Enhance Written Program
The objective of this program is to decrease the number of blockages in the sanitary sewer
system due to oil and grease build-up reducing the number of SSOs thus improving water
quality. AUD has a draft plan and draft ordinance developed. Dewberry proposes to partner
with AUD to enhance the program and assist with the implementation plan by reviewing the
draft written ordinance / plan and assisting in dividing the plan into two clear and defensible
key documents:
• A simple local ordinance to specifically address the prevention of FOG releases to the
sanitary sewer system. The purpose of the document will be to establish the clear legal
authority to support the FOG program.
• A detailed written FOG ma�agement plan which will include details of how the
program will be implemented and managed. The document will include guidelines for
businesses, specifications, inspection and reporting requirements / templates and best
management practices.
To ensure a comprehensive and effective program, Dewberry will bring lessons learned and
best practices from the review of no less than five successful FOG programs throughout the
nation.
24 OF 29 Revision Date: September 29, 2000
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Education and Inspection Plan
Dewberry to develop a step by step plan for the FOG program as it related to education and an
efficient means of inspection procedures. The plan's intent is to provide:
• An efficient and effective method of providing education materials to customers;
• A targeted education effort;
� Training of staff related to inspection and dissemination of materials to customers;
� More efficient and effective procedures for collecting and utilizing inspection data;
• A method to improve routing and track frequency of inspections; and
• An effective way to correlate FOG inspection findings with locations of known sanitary
sewer problem areas.
The following key items will be in the plan.
• Education: Dewberry will identify education materials targeting 1) commercial and 2)
residential customers. The plan will include sample materials as well as
recommendation on the methods of distributing those materials. The plan will identify
means of training staff to address customer questions and ensure the customers
understand the requirements.
• Inspection: Dewberry will provide recommendations to the existing inspection forms.
In addition, we will outline the requirements related to the hardware / software needs
in order to 1) implement a mobile field application for the inspections and 2) optimize
inspection routing. The plan will identify how the inspection forms would be entered
directly into the handheld devices in the field, how that data would be compatible with
other AUD systems (GIS, GBA and known sanitary sewer overflows.) Correlating the
inspection data with known problem areas will assist in better identifying where FOG is
an issue allowing AUD to focus on those areas.
Deliverables
• Suggested revisions to local ordinance;
• Suggested revisions to FOG Management Plan;
• Suggested revisions to Inspection Form; and
• Education and Inspection Plan.
25 OF 29 Revision Date: September 29, 2000
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ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of 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 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.
When the CITY authorizes the CONSULTANT to proceed with additional work authorized in a
Task Order, it agrees to pay the CONSULTANT for work completed, on the basis of the
standard billing rates shown in Attachment B to the Contract of those principals and employees
engaged directly on the work.
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.
Table 1 provides a summary of lump sum costs to perform each task item and is used to
reference percent complete of each project phase.
26 OF 29 Revision Date: September 29, 2000
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Budget
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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 Project Manager will not change or be reassigned
without the written approval of the CITY. Those personnel committed for this work are as
follows: Teresa L. Crisp.
28 OF 29 Revision Date: September 29, 2000
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ATTACHMENT D— SCHEDULE FOR PERFORMANCE
Table 2 is provided as an estimated schedule for completion based on notice to proceed
by July 1, 2011. The nature of this project is partially based on AUD's staff's level
availability and dates given are tentative.
Table 2:
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Monthl invoice
Close-Out
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Watershed Proteetion
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Watershed
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Watershed Roundtable
Newsletters
School Pro ram
Evaluation o Pro ram
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Enhance Written Pro ram
Education £� Inspection
Plan
FOG Dis osal Strate ies
ADDITIONAL SERVICES:
1. A revision to the contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Other revisions required by the CITY or other government agency at their request will be
considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY not
assumed in project.
4. Other not described above, as approved by the CITY.
29 �F 29 Revision Date: September 29, 2000