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HomeMy WebLinkAboutCONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND JOHNSON, LASCHOBER & ASSOCIATES, P.C. puGUSTA r 'T. GEORCJP STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (AUGUSTA) AND Johnson, Laschober & Associates P.C. (CONSULTANT) CONSULTANT:Johnson,Laschober&Associates, P.C. PROJECT: Fleming Park Renovations DATE EXECUTED: DATE COMPLETED: 1 OF 30 Revision Date: June 2006 AUGUST, GEORGIA STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (AUGUSTA) AND Johnson, Laschober & Associates, P.C. (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 Johnson, Laschober&Associates, P.C., 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 Fleming Park Improvement 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: 2 OF 30 Revision Date: June 2006 4000STq GEORGIA GENERAL PROVISIONS CONSULTANT has agreed,in this Agreement with AUGUSTA to procure the services of licensed design professionals,to provide the engineering services required providing 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 period 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 30 REVISION DATE: June 2011 AUGUSTA r 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. 4 OF 30 REVISION DATE: June 2011 kuGUSTA -71 GPARGIA 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 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. 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. 5 OF 30 REVISION DATE: June 2011 AUGUST 1-.) GEORCAP 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 6 OF 30 REVISION DATE: June 2011 AUGUST GEORGIA 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 the CONSULTANT of a written Notice to Proceed shall commence Attachment A upon receipt. 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. 7 OF 30 REVISION DATE: June 2011 pUCUSTA CEOBCIP 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. 8 OF 30 REVISION DATE: June 2011 pUctsr CEORGN 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. 9 OF 30 REVISION DATE: June 2011 MUCUST4 1-7 CEORCU) 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 10 OF 30 REVISION DATE: June 2011 AUGUSTA GEORGIA 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 �the provisions ossible 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 11 OF 30 REVISION DATE: June 2011 kUGUS1A r GEORGIA 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. 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 12 OF 30 REVISION DATE: June 2011 pUCUSTA GEORGIA 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 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 Johnson, Laschober&Associates,P.C. 535 Telfair Street,Suite 200 1296 Broad Street- PO Box 2103 Augusta,GA 30911 Augusta,Georgia 30903 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, 13 OF 30 REVISION DATE: June 2011 hUGUST, GEORG A 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 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 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. 14 OF 30 REVISION DATE: June 2011 AUGUST, 13)h GEORGIA 34. ACKNOWLEDGEMENT "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 nonpayment 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] 15 OF 30 REVISION DATE: June 2011 P 1 CcEORG IN WITNESS WHEREOF,said parties have hereunto set their seals the day and year written below: ,4' AUGUSTA: CONSULTANT: 101/t t AUGUSTA,GEORGIA(A - Johnson aschober&Associates P.0 ABY: BY: i e,:/`/:--. t2EED 2/2`/'S PRINTED NAME:_Hardie Davis Jr. PRINTED NAME:Darren R.Prickett %( AS ITS: MAYOR AS ITS: President&CEO ATTEST CLERK:-— '''''''''''''''.M. ATTEST: , 7/)./4 PRINTED;NAM .k°'-+ �« , 4,::::4nAietIP__, _ PRINTED NAME:Rett Harbeson,PLA AS ITS: dlerk o i im'SiOti ', 1 AS ITS:Project Manager I DATE: el v /�� �t�, ...' DATE: 2-7,1 -(0 % g Copy tol,tOkGt I DIRECTOR AUGUSTA.RE**EATION AND PARKS DEPARTMENT 2027 Lumpkin Road Augusta,GA 30916 16 OF 30 REVISION DATE: June 2011 gUGUSpq sr GEORGIA 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 17 OF 30 REVISION DATE: June 2006 pUGUST4 r 1i ceoecu 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. 18 OF 30 REVISION DATE: June 2011 AUGUSTA GEORGIA ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: The objective of the project is to enhance and improve an existing neighborhood park to maximize its use. The project also is intended to: deliver exemplary government services by working with the community through the design process; develop and strengthen relationships with public partners, residents and community groups; deepen a sense of place and community identity by developing recreational opportunities for all; and, to rehabilitate facilities by addressing long deferred maintenance that are sensitive to accessibility improvements. Given the visibility, location and importance of the project site to a broad range of stakeholders and constituents, it is expected that the improvements contemplated in this RFP will generate a great deal of public interest and attention. It is clear the success of this project will be judged by the quality of the design of the park improvements and how well it contributes to making this space more enjoyable for all users. Fleming Park is approximately 21.5 acres located at 1915 Lumpkin Road, Augusta, Georgia and is adjacent to Butler High School, Maxwell Branch Public Library and the Administrative Offices of the ARPD. The park is located in Commission District 2. Listed as Fleming Park, the community, over the years, has referred to the park site by its recreational components: Bernie Ward Community Center, Fleming Swimming Pool, Fleming Sports Complex and South Augusta Athletic Office (where the outdoor basketball court is located). Referencing the ARPD Master Plan, the park is identified as a high use Community Park. Among the strengths noted are irrigated ballfields, batting cages, ADA compliant playground, and overall park amenities. Current park facility elements that have been identified as important to the community include: four-field sports complex, community center with regulation basketball court, playground, outdoor swimming pool, outdoor basketball court and parking. Improvement elements that have been previously identified to be included in this park are listed below: • Community center improvements to include lighting upgrade, new basketball goal system, new doors/hardware, security cameras • Site improvements to include fencing, landscape and irrigation enhancements, outdoor court overlay, • ADA connectivity • Swimming pool enhancements to include Replaster of existing pool and the addition of a splash pad • Renovations/replacement of sports complex scoring tower/rest room/concessions structure • The use CPTED Guidelines are encouraged to promote park safety and engage local law enforcement during the design phase. 19 OF 30 REVISION DATE: June 2011 pUGust GEoRG1P The elements listed above will need to be confirmed and refined as part of the community outreach process and based on the cost analysis. Project The total funding available for this project is $1,082,000 and will need to support the design, construction and contingency. The CONSULTANT assumes that the OWNER will prioritize the proposed improvements to stay within the funding allocated. If the OWNER secures additional funding for this project,additional services will be required. DESIGN OBJECTIVES: PHASE 1: CONCEPTUAL PLANNING The CONSULTANT will meet with staff to develop a priority list of the proposed improvements and define the scope of the improvements. From this meeting, the CONSULTANT will prepare a Preliminary Costs Analysis to include the design, contingency, and construction of each proposed improvement and submit to OWNER for review. If the analysis exceeds the total funding available for the project, the OWNER will direct the CONSULTANT as to the priority of which improvements to include in the project moving forward. At this point, the CONSULTANT will prepare Conceptual Design Plans to be used during one (1) Public Meeting/Charrette to include improvements identified by the OWNER as priorities. PHASE 2: SURVEY AND MAPPING Upon receiving a Notice to Proceed from the OWNER, the CONSULTANT will mobilize to begin survey fieldwork to provide a detailed topographical design survey as follows: • The DESIGN TEAM will utilize existing mapping available to be provided by the OWNER with limited field survey to validate key features such as tree lines, electrical transmission and distribution lines, poles, retaining walls, ditches, buildings, drives, edges of asphalt and concrete pavements, fire hydrants, valves, curb and gutter, above ground water appurtenances, storm sewer structures, sanitary sewer manholes/cleanouts, structures, and temporary accessory buildings. Pipe size, type of pipe and invert elevations will only be obtained for storm sewer lines and gravity sanitary sewer lines. • We will attempt to locate available information regarding underground utilities such as water, sewer, and stormwater with the assistance of Augusta Utilities Department and Augusta Engineering Department. • Topographic elevations will be collected for the objects in the corridor and depicted in mapping with 1-foot contour information. 20 OF 30 REVISION DATE: June 2011 .G.TA Geoacin • Locate individual trees larger than 8" DBH as well as ornamental trees within the project boundary. • If required, a private utility locate will be utilized to identify the location of underground utilities. The Owner is responsible for this cost. PHASE 3: DESIGN PHASE/CONSTRUCTION DOCUMENTS The DESIGN TEAM will use the Conceptual Design Plans and comments from the Public Meeting/Charrette to develop the Site Construction Documents. Plans and calculations will comply with requisite County, State, and Federal requirements including required specifications. A1.01 Preliminary Design Phase A. After acceptance by Owner of the and upon written authorization from Owner, Architect/Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost. 3. Furnish 3 review copies of the Preliminary Design Phase documents, and review them with Owner. Within 10 calendar days of receipt, Owner shall submit to Architect/Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 4. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's comments, as appropriate, and furnish to Owner 3 copies of the revised Preliminary Design Phase documents, and revised opinion of probable Construction Cost, within 10 calendar days after receipt of Owner's comments. B. Architect/Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents and revised opinion of probable Construction Cost have been delivered to Owner. 21 OF 30 REVISION DATE: June 2011 hIWSTT CEORGN A1.02 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, and revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner,Architect/Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. 3. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Architect/Engineer. 4. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Within 10 days of receipt, Owner shall submit to Architect/Engineer any comments. 5. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit 3 final copies of the bidding documents and a revised opinion of probable Construction Cost to Owner within 10 calendar days after receipt of Owner's comments and instructions. The CONSULTANT will provide Construction Documents to be reviewed by the OWNER. During this review period, we will submit the plans and design reports to Augusta-Richmond County to acquire the necessary local permits. Prior to receiving final permits, the plans will be revised to include comments from the local municipality and the OWNER prior to releasing the plans for construction. The CONSULTANT will submit the Notice of Intent (NOI) and Notice of Termination (NOT) to the Local Issuing Authority with Georgia EPD to comply with the state law and NPDES requirements if applicable. 22 OF 30 REVISION DATE: June 2011 pUCUST4 i CEoR6 PHASE 4: CONSTRUCTION BIDDING Upon receiving the approvals from the regulatory agencies and the OWNER, the CONSULTANT will proceed with the Construction Bidding portion of the project consisting of the following tasks: • Coordinate with the Augusta Procurement Department to advertise the project, • Attend mandatory pre-bid meeting as a technical reference to the OWNER for the project, • Provide clarification related to the plans/specifications throughout design and construction through addendums, • Prepare letter of recommendation for award of the contract. • Prepare Construction Contract Documents for selected contractor. PHASE 5: CONSTRUCTION ADMINISTRATION Provide services during construction as follows: • Attend the pre-construction meeting as a technical reference to the OWNER, • Review shop drawings submittals prepared by the contractor and make recommendations on conformance with documents, • Attend up to ten (10) Project meetings including final inspection and punchlist. The project construction period is estimated to be 210 days. • Recommend design changes as field conflicts arise, • Review and approval of pay requests from the construction Contractor (line of Communication will be construction Contractor to resident observer to CONSULTANT to OWNER), • Provide clarification and specifications throughout construction, and • Revise/update plans and as changes occur that require submittal and publish record drawings at the completion of the project. ITEMS NOT INCLUDED IN THIS SCOPE OF WORK: • Offsite Roadway Improvements • Offsite Utility Extensions • Geotechnical Services • Environmental Permitting • Zoning Modifications or Appeals • Traffic Impact Analysis • Permit Fees • Wetland Permitting • Flood Certifications • Subdivision Permitting 23 OF 30 REVISION DATE: June 2011 cki, •1 ��EORGIA • Underground Utility Locating pre-design 24 OF 30 REVISION DATE: June 2011 o usr\ 4,,-'51^1, GEORGIA/ 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: $9,904.00 Lump Sum Initial Design: $19,608.00 Lump Sum Final Design: $44,118.00 Lump Sum Bidding Phase: $4,902.00 Lump Sum Construction Phase: $19,608.00 Lump Sum • Included in the base lump sum fee is site topographic surveys required for the project at no additional cost to the Owner. The cost of a private utility locator is not included in fee. 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 25 OF 30 REVISION DATE: June 2011 AUGUSTA GEORGIA 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. 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: Darren R. Prickett,ASLA Principal-In-Charge Rett Harbeson,PLA Project Manager/Landscape Architect Lee Dorn,AIA Project Architect Curtis Williamson,P.E. Project Mechanical/Electrical Engineer Nathan Cockfield,P.E. Project Structural Engineer 26 OF 30 REVISION DATE: June 2011 /webs,,, r f- l CEoecia ATTACHMENT D - SCHEDULE FOR PERFORMANCE FLEMING PARK RENOVATIONS Project Schedule- Concept Planning Phase - 30 Days Survey and Mapping - 20 Days Owner Approval and Review - 10 Days Design Phase/Construction Documents - 45 Days Owner Approval and Review - 10 Days Local Permitting - 30 Days Bidding/Contracting - 45 Days Sub-Phase 1-Construction Phase - 210 Days 27 OF 30 REVISION DATE: June 2011 Au6USTA GEORGN CONSULTANT SERVICES As a part of this Agreement,the CONSULTANT agrees to furnish the following checked items (CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization to Proceed: Q Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with Cost Proposal clearly defining the CONSULTANT'S understanding of the project limits,design objectives and CONSULTANT'S services to be provided. Q Cost Proposal that will include cost of design,preparation of construction plans and specifications,and other services requested in AUGUSTA's Request for Proposal. El Schedule for submittal of review documents at Concept and Final documents. Prior to submitting Final review documents: El Locate all existing utilities using available information collected by the CONSULTANT. AUGUSTA will furnish available information on water and sewer locations,however, the CONSULTANT must verify to AUGUSTA'S satisfaction. El Provide AUGUSTA with information on the project site(s),including the following: • Past and present use of the land (specifically identify any landfilling activities in the area);identify any nearby designated wetlands • Soil type(s) • Boring results when required by CONSULTANT for new facilities or where depth of line and existing site conditions warrant. • Brief description of the area (e.g.,residential,commercial,industrial)including general slope of the land,and whether trees,signs,etc. will be in conflict with the new facilities. Include number of properties affected and number of easements required with property owners identified • Identification of potential problems in meeting design objectives. El Site Plan(If Required) Throughout project: Q Prepare printed responses to comments received from AUGUSTA following reviews. Q Provide the necessary plats for easement acquisition and DOT/other permit application. Q Prepare Public Works/DOT/Other permit applications for signature by AUGUSTA. Q Prepare and submit plans to EPD for review and approval when required. El Prepare plans and specifications, El Prepare construction cost estimates at each review stage and with the submittal 28 OF 30 REVISION DATE: June 2011 pUGUSTT ."1-1 GEoRGV. of Final documents. Provide cost breakdown for any items to be lump sum in the construction contract. Upon completion of design: Q Coordinate with AUGUSTA Procurement Department to advertise the project. Fax bid information to AUGUSTA. Q Attend the Pre-Bid Meeting as a technical reference to AUGUSTA. Q Prepare letter of recommendation for award of the contract. Q Develop conformed contract documents and forward to AUGUSTA for execution. Q Attend the pre-construction meeting as a technical reference to AUGUSTA. Q Provide clarification related to the plans/specifications throughout design and construction. Q Provide record drawings at completion of the project electronically, Q Provide Services During Construction as follows: • Attend project meetings as scheduled by AUGUSTA • Recommend design changes as field conflicts arise (site visits may be required) • Review and approval of pay requests from the construction Contractor (line of communication will be construction contractor to resident observer to CONSULTANT to AUGUSTA) • Provide clarification of plans and specifications throughout construction • Revise/update plans and/or easement plats as changes occur that require resubmittal to DOT/other agencies. • Construction Administration Services called for in attached scope. ADDITIONAL SERVICES: 29 OF 30 REVISION DATE: June 2011 pu.sTA Gm. 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by AUGUSTA. 2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e.,correct location given by AUGUSTA,incorrectly marked on plans by engineer)will be the responsibility of the CONSULTANT. Other revisions required by the AUGUSTA, DOT,EPD, or other government agency at their request would be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by AUGUSTA. 4. Other not described above,as approved by AUGUSTA. 30 OF 30 REVISION DATE: June 2011