HomeMy WebLinkAboutCONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND POND & COMPANY FOR LOMBARD MILL POND PRESERVE TRAIL 1
AUGUSTA
0
GEORGIA
STATE OF GEORGIA
RICHMOND COUNTY
MATOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(AUGUSTA)
AND
POND
(CONSULTANT)
CONSULTANT: POND
PROJECT: Lombard Mill Pond Trail Preserve Trail
DATE EXECUTED:
DATE COMPLETED:
1 OF 27 Revision Date: June 2006
i
AOGuSTA
GEORGIA
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(AUGUSTA)
AND
POND
(CONSULTANT)
This Agreement is made and entered into this day of ,2018 by and between
AUGUSTA,Georgia, a political subdivision of the State of Georgia,hereinafter called"AUGUSTA"
and POND a Corporation authorized to do business in Georgia,hereinafter called the
"CONSULTANT."
WHEREAS,AUGUSTA desires to engage a qualified and experienced consulting firm to furnish
professional services for the Lombard Mill Pond Preserve Trail,Phase II Project-Community
Engagement,Cost Analysis,Design/Engineering,Preparation of Plans and Specifications and,
Project Management.
and,
WHEREAS,the CONSULTANT has represented to AUGUSTA that it is experienced and qualified
to provide the services contained herein and AUGUSTA has relied upon such representation.
NOW,THEREFORE,in consideration of the mutual promises and covenant herein contained,it is
agreed by and between AUGUSTA and the CONSULTANT that:
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GENERAL PROVISIONS
CONSULTANT has agreed,in this Agreement with AUGUSTA to procure the services of licensed
design professionals,to provide the engineering services required to provide professional
engineering and design services for the Project in accordance with the requirements as outlined in
and attached as Attachment A-Scope of Services and other relevant data defining the Project.
CONSULTANT COORDINATION
The CONSULTANT shall cooperate fully with all municipalities,local government officials,utility
companies, and other consultants as directed by AUGUSTA. 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 AUGUSTA to
be valid.
REDUCTION IN REQUIRED SERVICES
If reductions in the required services are ordered by AUGUSTA,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.
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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 AUGUSTA under this Agreement. However,CONSULTANT will be compensated for
all work prior to termination of contract even if AUGUSTA 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
AUGUSTA except in consideration of compensation. All such services required or requested of
CONSULTANT by AUGUSTA except suits or claims between the parties to this Agreement will be
reimbursed as additional services.
BINDINGS
It is further agreed that AUGUSTA 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 AUGUSTA 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 AUGUSTA and CONSULTANT and
supersedes all prior negotiations,representations and agreements,either written or oral.
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DEFINITIONS
Wherever used in this Agreement,whether in the singular or in the plural,the following terms shall
have the following meanings:
Agreement Execution-means the date on which CONSULTANT executes and enters into an
Agreement with AUGUSTA to perform the Work.
Agreement Price-means the total monies,adjusted in accordance with any provision herein,
payable to the CONSULTANT under this Agreement.
AUGUSTA-means a legal entity AUGUSTA,Georgia,a political subdivision of the State of
Georgia.
CONSULTANT-means the party or parties contracting directly with AUGUSTA 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.
CSRLT-means the Central Savannah River Land Trust
Subcontractor-means any person,firm,partnership,joint venture,company,corporation, or entity
having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to
provide a part of the Work called for by this Agreement.
Supplemental Agreement-means a written order to CONSULTANT signed by AUGUSTA 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.
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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 (the"Agreement").
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
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GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULTANT and
AUGUSTA, and herein described in this Agreement as Attachment A shall be commenced upon
receipt by the CONSULTANT of a written Notice to Proceed. The effective date of services shall be
defined in the Notice to Proceed.
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
AUGUSTA 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 AUGUSTA 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 AUGUSTA.
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,AUGUSTA. All of the services required hereunder will be performed
by the CONSULTANT under its supervision,and all personnel engaged in the work shall be
qualified and shall be authorized or permitted under law to perform such services.
All key professional personnel,including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as
Attachment C-Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written
approval of AUGUSTA 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.
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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 AUGUSTA will not relieve the CONSULTANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
6. CONFIDENTIALITY
The CONSULTANT agrees that its conclusions and any reports are for the confidential use and
information of AUGUSTA 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 AUGUSTA,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 AUGUSTA 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 AUGUSTA.
It is further agreed that if any information concerning the PROJECT,should be released by the
CONSULTANT without prior approval from AUGUSTA,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 AUGUSTA or by the CONSULTANT with such prior
approval, the same shall be regarded as public information and no longer subject to the restrictions
of this Agreement.
7. OPEN RECORDS
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. JURISDICTION
The law of the State of Georgia shall govern the CONTRACT between AUGUSTA 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 AUGUSTA and CONSULTANT arising
out of or relating to the Agreement,or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The CONSULTANT,by executing this Agreement, specifically
consents to jurisdiction and venue in Richmond County and waives any right to contest the
jurisdiction and venue in the Superior Court of Richmond County,Georgia.
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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 AUGUSTA, shall constitute
cause for termination. AUGUSTA 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 AUGUSTA, and the
CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents,as mutually agreed by AUGUSTA and CONSULTANT.
10. TERMINATION FOR CONVENIENCE OF AUGUSTA
AUGUSTA 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
CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance,or resolution, of conflicts with the proposed Scope of
Services.
If AUGUSTA undertakes or awards other contracts for additional related work,the CONSULTANT
shall fully cooperate with such other CONSULTANTs and AUGUSTA employees or appointed
committee(s),and carefully fit its own work to such additional work as may be directed by
AUGUSTA. The CONSULTANT shall not commit or permit any act that will interfere with the
performance of work by any other CONSULTANT or by AUGUSTA 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-AUGUSTA fee related to this Agreement
without the prior written consent of AUGUSTA. For breach or violation of this warranty,
AUGUSTA 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.
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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 AUGUSTA,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 AUGUSTA 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 in performance of the work during the
term of this Agreement.
The CONSULTANT shall provide,at all times that this agreement is in effect,Worker's
Compensation insurance in accordance with the laws of the State of Georgia.
The CONSULTANT shall provide,at all times that this Agreement is in effect, Insurance with limits
of not less than:
A. Workmen's Compensation Insurance-in accordance with the laws of the State of Georgia.
B. Public Liability Insurance-in an amount of not less than One Million Dollars ($1,000,000) for
injuries,including those resulting in death to any one person,and in an amount of not less than
One Million Dollars ($1,000,000) on account of any one occurrence.
C. Property Damage Insurance-in an amount of not less than One Million Dollars ($1,000,000)
from damages on account of an occurrence,with an aggregate limit of One Million Dollars
($1,000,000).
D. Valuable Papers Insurance-in an amount sufficient to assure the restoration of any plans,
drawings,field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance-in an amount of not less than One Million Dollars ($1,000,000)
or an amount that correlates to the aggregate fee on the project should it exceed$1,000,000.
AUGUSTA 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 company(s),to be approved by AUGUSTA,and shall be noncancellable except on
thirty-(30) days' written notice to AUGUSTA. Such policies shall name AUGUSTA as co-insured,
except for worker's compensation and professional liability policies, and a copy of such policy or a
certificate of insurance shall be filed with the Director at the time of the execution of this
Agreement.
15. PROHIBITED INTERESTS
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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 AUGUSTA 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 AUGUSTA's Personnel: The CONSULTANT shall not employ any person
or persons in the employ of AUGUSTA for any work required by the terms of the
Agreement,without the written permission of AUGUSTA 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 AUGUSTA'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.
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 AUGUSTA.
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
AUGUSTA owned or leased property,vehicles, and project or client site. Any violation of the
prohibitions may result in discipline and/or immediate discharge.
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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
At any time during normal business hours and as often as AUGUSTA may deem necessary,the
CONSULTANT shall make available to AUGUSTA and/or audit representatives of AUGUSTA for
examination all of its records with respect to all matters covered by this Agreement. It shall also
permit AUGUSTA 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 AUGUSTA 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 AUGUSTA. AUGUSTA 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. AUGUSTA 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 AUGUSTA, 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.
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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 AUGUSTA.
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:
AUGUSTA: CONSULTANT:
MAYOR
AUGUSTA,GEORGIA POND
535 Telf air Street,Suite 200 621 NW Frontage Road,Suite 320
Augusta,GA 30911 Augusta,Georgia 30907
Copy to:
DIRECTOR
AUGUSTA RECREATION AND PARKS DEPARTMENT
2027 Lumpkin Road
Augusta,GA 30916
26. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT
To the extent that it does not alter the scope of this agreement,Augusta,GA may unilaterally order
a temporary stopping of the work,or delaying of the work to be performed by CONSULTANT
under this agreement.
27. DEFECTIVE PRICING
To the extent that the pricing provided by CONSULTANT is erroneous and defective,the parties
may,by agreement,correct pricing errors to reflect the intent of the parties.
28. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE
CONSULTANT is not responsible for delay in performance caused by hurricanes,tornadoes,
floods, and other severe and unexpected acts of nature. In any such event,the contract price and
schedule shall be equitably adjusted.
29. HOLD HARMLESS
Except as otherwise provided in this agreement,CONSULTANT shall indemnify and hold
harmless Augusta,GA,and its employees and agents from and against all liabilities, claims,suits,
demands, damages,losses, and expenses,including attorneys' fees,arising out of or resulting from
the negligent performance of its Work.
30. GEORGIA PROMPT PAY ACT NOT APPLICABLE
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The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act.
31. RIGHT TO INSPECT PREMISES
Augusta,Georgia may,at reasonable times,inspect the part of the plant,place of business,or work
site of CONSULTANT or any subcontractor of CONSULTANT or subunit thereof that is pertinent
to the performance of any contract awarded or to be awarded by Augusta,Georgia.
32. E-VERIFY
All contractors and subcontractors entering into contracts with Augusta,Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. §13-10-91,stating affirmatively that the individual,firm, or corporation which is
contracting with Augusta,Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E-Verify number and
must be in compliance with the electronic verification of work authorized programs operated by
the United States Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify information of
newly hired employees,pursuant to the Immigration Reform and Control Act of 1986 (IRCA),P.L.
99-603,in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-
10-91 and shall continue to use the federal authorization program throughout the contract term. All
contractors shall further agree that,should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to its contract with Augusta,
Georgia the contractor will secure from such subcontractor(s) each subcontractor's E-Verify number
as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit
provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such verification to Augusta,
Georgia at the time the subcontractor(s) is retained to perform such physical services.
33. LOCAL SMALL BUSINESS LANGUAGE
In accordance with Chapter 10B of the AUGUSTA,GA. CODE,Contractor expressly agrees to
collect and maintain all records necessary to for Augusta,Georgia to evaluate the effectiveness of its
Local Small Business Opportunity Program and to make such records available to Augusta,
Georgia. The requirements of the Local Small Business Opportunity Program can be found at
www.augustaga.gov. In accordance with AUGUSTA,GA. CODE § 1-10-129(d)(7),for all contracts
where a local small business goal has been established,the contractor is required to provide local
small business utilization reports. Contractor shall report to Augusta,Georgia the total dollars paid
to each local small business on each contract,and shall provide such payment affidavits,regarding
payment to subcontractors as may be requested by Augusta,Georgia. Such documents shall be in
the format specified by the Director of minority and small business opportunities,and shall be
submitted at such times as required by Augusta,Georgia. Failure to provide such reports within the
time period specified by Augusta,Georgia shall entitle Augusta,Georgia to exercise any of the
remedies set forth,including but not limited to,withholding payment from the contractor and/or
collecting liquidated damages.
34. ACKNOWLEDGEMENT
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"Consultant acknowledges that this contract and any changes to it by amendment,modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Consultant's provision of goods or services to
Augusta,Georgia under an unauthorized contract, amendment,modification,change order or
other similar document,including the possibility that the Consultant may be precluded from
recovering payment for such unauthorized goods or services. Accordingly,Consultant agrees that
if it provides goods or services to Augusta,Georgia under a contract that has not received proper
legislative authorization or if the Consultant provides goods or services to Augusta,Georgia in
excess of the any contractually authorized goods or services,as required by Augusta,Georgia's
Charter and Code, Augusta,Georgia may withhold payment for any unauthorized goods or
services provided by Consultant. Consultant assumes all risk of non-payment for the provision of
any unauthorized goods or services to Augusta,Georgia, and it waives all claims to payment or to
other remedies for the provision of any unauthorized goods or services to Augusta,Georgia,
however characterized,including,without limitation,all remedies at law or equity." This
acknowledgement shall be a mandatory provision in all Augusta,Georgia contracts for goods and
services, except revenue producing contracts.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
AUGUSTA: CONSULTANT:
ii& AUGUSTA,GEORGIA(AUGUSTA) POND
Ate BY:
1„1�a PRINTED NAME: Hardie Davis Jr. PR{NTED NAME:Ronald W.Osterloh,PE
;AO
AS ITS: MAYOR AS ITS: Senior Vice President
ATTEST CLERK: ATTEST:
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PRINTED NA A e l ', , w OAG ( j PRINTED NAME:Matthew A Wilder,PLA
AS ITS: Clerk"f In ; r „I
/ $ AS ITS:Design Director
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DATE: ,o /Il`� , pI DATE: ��
Copy{ 444��® "4.49.
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DIRECTOR
AUGUSTA RECREATION AND PARKS DEPARTMENT
2027 Lumpkin Road
Augusta, GA 30916
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT,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 AUGUSTA and shall advise AUGUSTA of additional data or
services that are not a part of CONSULTANT's services,if any,necessary for design to begin.
PROJECT UNDERSTANDING
Upon request from the CONSULTANT,AUGUSTA may provide all criteria and full information
as to AUGUSTA'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 AUGUSTA to
furnish data,reports,surveys, and other materials that may be relied upon in performing
CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of AUGUSTA 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 AUGUSTA
in association with this Agreement shall be subject to review.
AUGUSTA 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 AUGUSTA's request in the regard.
AUGUSTA's review recommendations shall be incorporated into the plans by the
CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14- Insurance.
AUGUSTA'S RESPONSIBILITES
AUGUSTA-FURNISHED DATA
AUGUSTA will provide to CONSULTANT all data in AUGUSTA'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 AUGUSTA.
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 AUGUSTA. The
CONSULTANT shall discuss with and receive approval from AUGUSTA prior to sending notices
of intent to enter private property. Upon request by the CONSULTANT,AUGUSTA will provide
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the necessary documents identifying the CONSULTANT as being in the employ AUGUSTA for
the purpose described in the Agreement.
ADVERTISEMENTS,PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services,AUGUSTA 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
AUGUSTA 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 AUGUSTA deems appropriate;
and render in writing decisions required by AUGUSTA in a timely manner.
PROMPT NOTICE
AUGUSTA will give prompt written notice to CONSULTANT whenever AUGUSTA 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.
AUGUSTA'S INSURANCE
AUGUSTA 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 AUGUSTA. All such Services required or requested of CONSULTANT by
AUGUSTA,except for suits or claims between the parties to this AGREEMENT,will be
reimbursed as additional services.
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ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
The Lombard Mill Pond Preserve Trail is a proposed 2-mile loop around the pond connecting the
existing 55-acre greenspace to hundreds more acres preserved by the Land Trust along Butler
Creek, establishing a twelve mile long greenway that will stretch from Fort Gordon to Phinizy
Swamp and Lock and Dam Park.
The Lombard Mill Pond Preserve will provide a variety of outdoor recreational opportunities to
include an extended regional trail system for the Augusta River Region. Construction of the first
phase of this trail project was successfully completed in fall, 2011.
Phase II will provide for paving of the crush-n-run sections, as well as boardwalks and a
bridge(s) that crosses the pond to the northern bank.
Augusta-Richmond County's Special Purpose Local Option Sales Tax(SPLOST) will fund this
next phase of design and development. The Land Trust wishes to move quickly through the
design process so construction may proceed in 2018.
The elements of the project will need to be confirmed and refined as part of the community
outreach process and based on the preliminary cost analysis.
The CONSULTANT shall work with representatives of both the CSRLT and AUGUSTA
throughout the project.
Project Funding
The total funding available for the project is $490,000. The funding will need to support the
design work, permitting, construction and contingency. The CONSULTANT assumes that the
OWNER will prioritize the proposed improvements to stay within the funding allocated; some
elements may not be achievable in this phase due to budget limitations. If the OWNER secures
additional funding for this project, additional services will be required.
PHASE 1: PRELIMINARY DESIGN
The CONSULTANT will:
• Meet with staff to discuss scope of improvements and proper implementation schedule
including list of CONSULTANT related project activities through the end of construction,
associated start/finish dates, and opinion of probable costs. Schedule shall be provided in
a Gantt chart format.
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• Conduct a site visit to review existing conditions including trees, topography, drainage
patterns/visible inlets/pipes, and conditions. Site visit information will be documented
photographically with associated narrative.
• Provide survey necessary to finalize design for the trail within the preserve, including
topography, existing structures/utilities, trees, state water buffers, wetlands, and other
pertinent information as identified in the site visit.
• Develop a Conceptual Design for proposed improvements. Conceptual Design is
considered 20% design, where a diagrammatic site plan is provided to depict recommend
improvements per the scope of work.
• Conduct one (1) Public meeting/charrette to present the Conceptual Design Plan,
recommendations and preliminary design opinion of probable cost.
• The CONSULTANT shall be responsible for attending no more than two (2) separate
stakeholder/staff meetings arranged, coordinated, and lead by the CSRLT. The
CONSULTANT will prepare exhibits for these meetings and will be present to answer
questions that may arise and to gather/document input shared at these meetings.
• The CONSULTANT shall identify and define any encroachments or permits required.
• The CONSULTANT shall identify and define any necessary coordination with utilities.
• The CONSULTANT shall define the necessary easements to construct the trail within the
identified corridor, if applicable. Easements will be drafted in conjunction with the Final
Construction Documents.
• Prepare meeting agenda(s), public meeting notification, presentation materials, and
meeting minutes.
Changes to the Concept plan directed by the client as a result of the Public meeting/charrette
which differ from the scope of work provided herein may result in a change of scope and
additional services.
Only those elements deemed achievable within the existing budget, and as selected by the client
will be designed in further detail, in the following phases of work. If additional funding is
secured, additional design services can be added to this scope of work.
PHASE 2: INITIAL DESIGN
Upon receiving approval from the OWNER, of the Preliminary Design Phase deliverables, and
confirmation of selected improvements for design, within the allocated budget, the
CONSULTANT will begin Initial Design Phase Services:
• Prepare Initial(50%) Design Plans including:
o Cover Sheet
o Site Plan
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o Grading/Drainage Plan
o Typical Sections
• Present plans to ARPD and CSRLT, and meet with staff at 50% design to review plans.
OWNER will provide comments and make decisions during this meeting. Any additional
comments/decisions shall be provided within 5 days, along with approval to proceed to
Final Design Phase. One (1) full and one (1) half size set of plans will be provided for
review along with PDFs of the plans.
• Prepare meeting agenda(s) and meeting minutes.
PHASE 3: FINAL DESIGN
Upon receiving approval from the OWNER, of the Initial Design Phase deliverables, the
CONSULTANT will begin Final Design Phase Services:
• Prepare Final(100%)Design Plans including:
o Cover Sheet
o Site Plan
o Grading/Drainage Plan
o Typical Section(s)
o Constructions details and performance specifications for boardwalks and/or
bridges
o Erosion and Sediment Control Plans
o Hydrology Report
o MasterSpec Specifications (front-end specifications will be provided by the City of
Augusta procurement Department).
• The CONSULTANT will submit plans to the ARPD for final review and comment prior to
submission for final permit review. ARPD and CSRLT will provide final comments within
5 days.
• The CONSULTANT will submit plans in accordance with permitting agency regulations,
revise plans per permitting agency comments, and secure approval of plans for permit.
• Present final plans to ARPD
o Submit two (2) full-size and two (2) half-size printed final plan sets, and two (2)
copies of the specifications with the consultant's seal and signature on each plan
set and specifications title sheet.
o Submit an electronic copy of all plans in Adobe Acrobat PDF format on CD or flash
drive.
o Submit specifications in Microsoft Word and Adobe Acrobat PDF format on CD or
flash drive.
• Prepare meeting agenda(s) and meeting minutes.
PHASE 4: BIDDING PHASE
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Upon receiving the approvals from the regulatory agencies and the OWNER, the CONSULTANT
will proceed with the Bidding Phase portion of the project consisting of the following tasks:
• Prepare Bid Documents, consisting of the Final Plans and Final Specifications as
created by the CONSULTANT, and front-end specifications and sample contract,
general conditions, etc. as provided by the OWNER.
• Prepare agenda for and attend Mandatory Contractor Pre-bid conference to provide
project overview, and address contractor questions through written addenda.
Addenda will be provided to OWNER for distribution.
• The Consultant will make available to interested parties/contractors, plans and
specifications in PDF format. It will be the responsibility of those requesting plans and
specifications to print the files at their expense.
PHASE 5: CONSTRUCTION PHASE
Provide services during construction as follows:
• Attend the pre-construction kick-off meeting
• Perform Site visits to verify contractor is meeting the design intent, concurrent with
monthly OAC meetings; one (1) meeting per month for the 6-month duration of the
Construction Phase. The first meeting shall be the Preconstruction Kick-off and the 6th/
final meeting shall be the Review of the Contractor's Punchlist. Contractor is
responsible for creating a punch list of outstanding work to be completed 30 days
prior to completion of the project and submit this list for OWNER and CONSULTANT
review.
• Prepare Field Reports of Site visits.
• Review shop drawings submittals and RFIs as submitted by the Contractor.
• Review Contractor pay applications, and contractor submitted changes orders; make
recommendations for actions regarding each to the OWNER
• Provide certification of stormwater control facilities per City of Augusta requirements.
CONSULTANT will review one set of as-built drawings for the stormwater facilities.If
the facilities do not meet the requirements of the design, the Contractor and/or the
OWNER will be responsible for reimbursing the CONSULTANT for additional
reviews until the stormwater facilities can be certified.
ITEMS NOT INCLUDED IN THIS SCOPE OF WORK:
• ALTA/Boundary survey is not included; our team will provide site specific topographic
survey and wetland delineation as necessary to complete the project.
• All permitting fees shall be paid by the City directly to the agency requesting said fee.
• Meetings not specifically included herein and in the RFP are considered additional
meetings and will require additional services.
• Construction is assumed to be complete in 6 months. All Construction Administration
services are based upon a 6-month duration. Should the construction duration exceed 6
months,additional services will be required.
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• Construction Administration Services include attendance at one OAC meeting,on site,per
month during the 6-month construction phase.
• Boardwalk design shall be performance specifications;contractors will be required to
present final design in the form of shop drawings,which meet all performance
specifications based upon the system of materials selected by the city.
• Utility/lighting design is not included.
• Geotechnical services are limited to boring locations necessary for bridge foundations
and/or the determination of depth of piles/piers needed for the wetland/pond
boardwalk.
• While our team will facilitate a USACE Preconstruction Notification(PCN) for work
allowable under a Nationwide permit,an USACE individual permit is not included.
• Trail design will be as such to avoid the need for an EPD Buffer variance.
• This proposal assumes that all necessary utilities (including storm sewer) are existing,
readily available by conventional methods,and currently serve the site with sufficient
capacity and therefore will not require upgrade or off-site extensions to this parcel. If it is
later discovered that the capacity of the existing utilities is insufficient,this proposal will
be re-evaluated for potential additional services.
• Opinions of probable cost are not guaranteed prices for the construction of proposed
improvements.The OWNER understands and accepts that the CONSULTANT does not
and cannot control market conditions for the cost of labor and materials. We will provide
the best opinion of cost based on the most relevant and recent data available,but cannot
be held responsible for final bids as submitted by contractors.
• Revisions to the plans/contract documents to extend the limits of the project after this
AGREEMENT has been executed by the OWNER.
• Other revisions required by the OWNER, EPD,USACE, or other government agency will
be considered an additional service.
• Out-of-town meetings or conferences required of the CONSULTANT by the OWNER.
• Other not described herein, and as requested,required, and approved by the OWNER.
• As-built drawings are the responsibility of the Construction Phase Contractor. The
CONSULTANT will provide any revisions to plans or Specifications issued to the
Contractor during construction to the OWNER for their records.
• Materials testing and inspections are not provided by the CONSULTANT during the
Construction Phase. It is the responsibility of the OWNER or the Contractor to provide
these independent testing services.
• CONSULTANT is not responsible for contractor schedule,safety, or means and methods
of construction.
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ATTACHMENT B - COMPENSATION
AUGUSTA shall pay the CONSULTANT for services set forth in Scope of Services,
Basic Services
The OWNER shall pay the CONSULTANT for services set forth in Scope of Services as
follows:
Preliminary Design: $8,385.00 Lump Sum
Initial Design: $18,447.00 Lump Sum
Final Design: $6,708.00 Lump Sum
Bidding Phase: $2,040.00 Lump Sum
Construction Phase: $10,000.00 Lump Sum
AUGUSTA shall compensate the CONSULTANT for services,which have been authorized by
AUGUSTA under the terms of this Agreement.
The CONSULTANT may submit to AUGUSTA a monthly invoice,in a form acceptable to
AUGUSTA and accompanied by all support documentation requested by AUGUSTA,for
payment for the services,which were completed during the billing period. AUGUSTA shall
review for approval said invoices. AUGUSTA 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 AUGUSTA,are unreasonably in excess of the actual phase of completion of
each phase. AUGUSTA 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
AUGUSTA of the service covered by such invoice. AUGUSTA 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 AUGUSTA authorizes the CONSULTANT to proceed with the 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.
Compensation for design services shall be invoices based on the sum of all actual costs incurred
in the performance of the work,including all direct,payroll, overall and profit cost in an amount
not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task
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Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred
expenses,labor hours and costs by authorized Task.
Overtime may be performed at the discretion of the CONSULTANT,but the premium time
portion of the overtime will not be billed to AUGUSTA unless the CONSULTANT has requested
acceleration of the scheduled work in writing.
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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 AUGUSTA. Those personnel committed for this work are as follows:
Ron Osterloh,PE Bob Williams,PE
Matthew Wilder,PLA Kevin Hendrix,PE
Andrea Greco,PLA,ISA Tanya Norman,PE
Certified Arborist
Brad Jones,PLA Kevin Skinner,PE
Pedro Torres,PLA Daniel Sabia,PE
Brooke Donahue Jake Corbin
Lauren Linnane Josh Lawson
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ATTACHMENT D - SCHEDULE FOR PERFORMANCE
LOMBARD MILL POND PRESERVE TRAIL,PHASE II
Project Schedule—
Preliminary Design Phase - 20 Days
Initial Design Phase - 25 Days
Final Design Phase - 25 Days
Bidding Phase - 40 Days
Construction Phase - 6 Months
Days are defined as standard Monday thru Friday working business days excluding Federal, State and
Local holidays or lost days due to inclement weather.
Months are inclusive of all days within the months that constitute the Construction Phase. Construction
phase is estimated not to exceed 6 months.Actual construction duration will be determined by the selected
Contractor and City of Augusta.
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