HomeMy WebLinkAboutCONTRACT WITH W.K. DICKSON & CO. INC. (CONSULTANT) BELAIR ROAD AREA SEWER EXTENSION PROJECT Cp,I,C,C5)4
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
W.K. Dickson & Co., Inc.
(CONSULTANT)
CONSULTANT: W.K. Dickson&Co.,Inc.
PROJECT: Belair Road Area Sewer Extension
Preliminary Engineering Report
DATE EXECUTED:
DATE COMPLETED:
10F 27 REVISION DATE: September 2017
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STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
W.K. Dickson Sr Co., Inc.
(CONSULTANT)
This Agreement is made and entered into this day orafeetAbCC 2018 by and between
AUGUSTA,Georgia,a political subdivision of the State of Georgia,hereinafter called the"CITY"and
W.K. Dickson&Co.,Inc.,a Corporation authorized to do business in Georgia,hereinafter called the
"CONSULTANT."
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish
professional services for Belair Road Area Sewer Extension.
and,
WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to
provide the services contained herein and the CITY has relied upon such representation.
NOW,THEREFORE, in consideration of the mutual promises and covenant herein contained,it is
agreed by and between the CITY and the CONSULTANT that:
2 OF 27 REVISION DATE: September 2017
GENERAL PROVISIONS
CONSULTANT has agreed,in this Agreement with CITY to procure the services of licensed design
professionals, to provide the engineering services required to provide professional engineering and
design services for the Project in accordance with the requirements as outlined in and attached as
Attachment A-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 the CITY. CONSULTANT and all relevant parties
agree to work together on the basis of trust, good faith and fair dealing, and shall take actions
reasonably necessary to enable each other to perform this Agreement in a timely, efficient and
economical manner. All parties agree to cooperate in a manner consistent with good design practice
and will exercise the degree of skill and diligence normally employed by professional engineers or
consultants practicing under similar conditions. CONSULTANT will re-perform any services not
meeting this standard without additional compensation.
AMENDMENTS TO AGREEMENT
Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement.
Amendments must be fully executed by both the CONSULTANT and CITY to be valid.
REDUCTION IN REQUIRED SERVICES
If reductions in the required services are ordered by CITY,the credits shall be the amounts for such
services as described in subsequently executed Amendments to this Agreement, and no claim for
damages for anticipated profits shall accrue to the CONSULTANT.
DATE CHANGES
If in this Agreement specific periods of time for rendering services are set forth or specific dates by
which services are to be completed are provided and if such periods of time or dates are changed
through no fault of CONSULTANT,the rates and amounts of compensation provided for herein shall
be subject to equitable adjustment
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing under
the hands and seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D -
Schedule.
3 OF 27 REVISION DATE: June 2011
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This Agreement shall terminate immediately and absolutely at such time as appropriated and
otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on
behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all
work prior to termination of contract even if the CITY has obligated the funds to other projects.
PROJECT PROGRESS
CONSULTANT'S services and compensation under this Agreement have been agreed to in
anticipation of the orderly and continuous progress of the Project through completion.
LITIGATION
Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear,support,
prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of
the CITY except in consideration of compensation. All such services required or requested of
CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be
reimbursed as additional services.
BINDINGS
It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their
successors, executors,administrators and assigns to the other party to this Agreement and to its or
their successors,executors and assigns in respect to all covenants of this Agreement. Except as above,
neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this
Agreement without prior written consent of the other party hereto.
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between CITY and 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 CITY to perform the Work.
Agreement Price-means the total monies,adjusted in accordance with any provision herein,payable
to the CONSULTANT under this Agreement.
CITY-means a legal entity AUGUSTA,Georgia,a political subdivision of the State of Georgia.
CONSULTANT - means the party or parties contracting directly with the CITY to perform Work
pursuant to this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by
reference.
Contract Time-means the period of time stated in this Agreement for the completion of the Work.
Subcontractor-means any person, firm,partnership,joint venture,company,corporation,or entity
having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to
provide a part of the Work called for by this Agreement.
Supplemental Agreement-means a written order to CONSULTANT signed by CITY and accepted
by CONSULTANT,effecting an addition, deletion or revision in the Work,or an adjustment in the
Agreement Price or the Contract Time,issued after execution of this Agreement.
Task Order - means a written order specifying a Scope of Services, time of completion and
compensation limit for services being provided by CONSULTANT. Task Orders shall be
incorporated by reference as part of the Supplemental Conditions of this Agreement.
Work- means any and all obligations,duties and responsibilities, including furnishing equipment,
engineering,design,workmanship,labor and any other services or things necessary to the successful
completion of the Project,assigned to or undertaken by CONSULTANT under this Agreement.
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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-h,<cluding Task Orders
6 4F 27 REVISION DATE: June 2011
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GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULTANT and the
CITY,and herein described in this Agreement as Attachment A shall be commenced upon receipt by
the CONSULTANT of a written 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
The CITY may, at any time, request changes in the work to be performed hereunder. All such
changes, including any increase or decrease in the amount of the CONSULTANT's compensation,
which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be
incorporated in written Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major and require the
approval of the CITY.
4. PERSONNEL
The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement;none of whom shall be employees of,or have any contractual
relationship with, the CITY. All of the services required hereunder will be performed by the
CONSULTANT under its supervision,and all personnel engaged in the work shall be qualified and
shall be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as
Attachment C - Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written
approval of the CITY or 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 27 REVISION DATE: June 2011
5. ACCURACY OF WORK
The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct
errors and omissions in its plans and specifications without additional compensation. The
CONSULTANT shall give immediate attention to these changes so there will be a minimum of delay
to others.
Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
6. CONFIDENTIALITY
The CONSULTANT agrees that its conclusions and any reports are for the confidential use and
information of the CITY and that it will not disclose its conclusions in whole or in part to any persons
whatsoever, other than to submit its written documentation to the CITY, and will only discuss the
same with it or its authorized representatives. Upon completion of this Agreement term, all
documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant
thereto shall become the property of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or
results and findings of the work conducted under this Agreement shall not be presented publicly or
published without prior approval in writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the
CONSULTANT without prior approval from the CITY,the release of same shall constitute grounds
for termination of this Agreement without indemnity to the CONSULTANT, but should any such
information be released by the CITY or by the CONSULTANT with 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.
§5048-70,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 CITY and CONSULTANT
with regard to its interpretation and performance,and any other claims related to this agreement.
All claims,disputes and other matters in question between CITY and CONSULTANT arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County,Georgia. The CONSULTANT,by executing this Agreement,specifically consents
to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and
venue in the Superior Court of Richmond County,Georgia.
8 OF 27 REVISION DATE: June 2011
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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 the CITY,shall constitute cause
for termination. The CITY shall thereupon have the right to terminate this Agreement by giving
written notice to the CONSULTANT of such termination, and specifying the effective date thereof,
at least five (5) days before the effective date of such termination. In such event, all finished or
unfinished documents, maps, data, studies, work papers and reports prepared by the
CONSULTANT under this Agreement shall become the property of the CITY, and the
CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents,as mutually agreed by the CITY and CONSULTANT.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT.
The CONSULTANT shall be paid for any validated services under this Contract up to the time of
termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of
Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT
shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed
committee(s),and carefully fit its own work to such additional work as may be directed by the CITY.
The CONSULTANT shall not commit or permit any act which will interfere with the performance of
work by any other CONSULTANT or by CITY employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,percentage,
brokerage,or contingent fee,excepting bona fide employees or bona fide established commercial or
selling agencies maintained by CONSULTANT for the purpose of securing business and that the
CONSULTANT has not received any non-CITY fee related to this Agreement without the prior
written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right
to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of
consideration the full amount of such commission,percentage,brokerage or contingent fee.
9 OF 27 REVISION DATE; June 2011
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONSULTANT shall be responsible for any and all damages to properties or persons caused by
its employees, subcontractors, or agents, and shall hold harmless the CITY,its officers, agents and
employees from all suits,claims,actions or damages of any nature whatsoever to the extent found to
be resulting from the CONSULTANT,its subcontracts,or agent in the negligent performance or non-
performance of work under this Agreement. These indemnities shall not be limited by reason of the
listing of any insurance coverage.
14. INSURANCE
The CONSULTANT shall,at all times that this Agreement is in effect,cause to be maintained in force
and effect an insurance policy(s)that will ensure and indemnify the CITY against liability or financial
loss resulting from injuries occurring to persons or property or occurring as a result of any negligent
error, act, or omission of the CONSULTANT 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 ($1,000,000) Dollars for
injuries, including those resulting in death to any one person,and in an amount of not less than
One Million($1,000,000)Dollars on account of any one occurrence.
C. Property Damage Insurance-in an amount of not less than One Million($1,000,000)Dollars from
damages on account of an occurrence,with an aggregate limit of One Million($1,000,000)Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans,
drawings,field notes,or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance-in an amount of not less than One Million($1,000,000) Dollars
or an amount that correlates to the aggregate fee on the project should it exceed$1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder
in insurance coverages identified in items(b)and(c).
The policies shall be written by a responsible company(s), to be approved by the CITY,and shall be
noncancelable except on thirty-(30) days' written notice to the CITY. Such policies shall name the
CITY as co-insured,except for worker's compensation and professional liability policies,and a copy
of such policy or a certificate of insurance shall be filed with the Director at the time of the execution
of this Agreement.
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15. PROHIBITED INTERESTS
15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall
acquire no interest, direct or indirect, that would conflict in any manner or degree with the
performance of its services hereunder. The CONSULTANT further agrees that, in the
performance of the Agreement,no person having such interest shall be employed.
15.2 Interest of Public Officials: No member,officer,or employee of the CITY during his tenure or
for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the
proceeds thereof.
15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or
persons in the employ of the CITY for any work required by the terms of the Agreement,
without the written permission of the CITY except as may otherwise be provided for herein.
16. SUBCONTRACTING
The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit
subcontracted work to be further subcontracted without the CITY's prior written approval of the
subcontractor.
All subcontracts in the amount of$5,000 or more shall include, where possible, the provisions set
forth in this Agreement.
17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its
rights, obligations, benefits, liabilities or other interest under this Agreement without the written
consent of the CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the
CONSULTANT will not discriminate against any employee or applicant for employment because of
race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or
advertisements for employees placed by qualified applicants,receive consideration for employment
without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the
foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so
that such provision will be binding upon each subcontractor, provided that the foregoing provision
shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.
19. DRUG FREE WORK PLACE
CONSULTANT shall be responsible for insuring that its employees shall not be involved in any
manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a
controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY
110E 27 REVISION DATE:June 2011
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 the CITY may deem necessary, the
CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for
examination all of its records with respect to all matters covered by this Agreement. It shall also
permit the CITY and/or representatives of the audit, examine and make copies, excerpts or
transcripts from such records of personnel,conditions of employment and other data relating to all
matters covered by this Agreement.
The CONSULTANT shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project and used in support of its proposal and shall
make such material available at all reasonable times during the period of the Agreement, and for
three years from the date of final payment under the Agreement,for inspection by the CITY or any
reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The
CONSULTANT agrees that the provisions of this Article shall be included in ally Agreements it may
make with any subcontractor,assignee,or transferee.
22. OWNERSHIP,PUBLICATION,REPRODUCTION AND USE
All documents and materials prepared as an instrument of service pursuant to this Agreement are
the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose,
distribute,and otherwise use,in whole or in part,any reports,data,maps,or other materials prepared
under this Agreement without according credit of authorship. The CITY shall hold harmless the
CONSULTANT against all claims arising out of such use of documents and materials without the
CONSULTANT's knowledge and written consent.
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23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer,agent,or employee of the CITY,either before,
during,or after the execution of this Agreement,shall affect or modify any of the terms or obligations
herein contained,nor shall such verbal agreement or conversation entitle the CONSULTANT to any
additional payment whatsoever under the terms for this Agreement. All changes to this Agreement
shall be in writing and appended hereto as prescribed in Article 3 above.
24. INDEPENDENT CONTRAC'T'OR
The CONSULTANT shall perform the services under this Agreement as an independent contractor
and nothing contained herein shall be construed to be inconsistent with this relationship or status.
Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any
of its agents or employees to be the agent,employee,or representative of the CITY.
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage
prepaid. Notices shall be addressed as follows:
CITY: CONSULTANT:
ADMINISTRATOR
AUGUSTA,GEORGIA W. K.Dickson&Co.,Inc.
530 Greene Street 1450 Greene Street,Ste.225
Augusta,GA 30911 Augusta,GA 30901
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
452 Walker Street;Suite 200
Augusta,GA 30901
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.
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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
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 which 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 F-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
14 OF 27 REVISION DATE: June 2011
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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
"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]
15 OF 27 REVISION DATE' June 2011
IN WITNESS WHEREOF,said parties have hereunto set their seals the day and year written below:
CITY: CONSULTANT:
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AUGUSTA GEORGIA(CITY) W.K.5; . ,/.' Co. n. dip
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12 boAPPRINTED NAME:Hardie Davis,Ir. PRINTED NAME William G in:ate III PE
AS ITS: MAYOR AS ITS: Vice President
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REVISION DATE: June 2011
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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 CITY and shall advise CITY of additional data or services which
are not a part of CONSULTANT's services,if any,necessary for design to begin.
PROJECT UNDERSTANDING
Upon request from the CONSULTANT,CITY may provide all criteria and full information as to
CTTY's and CONSULTANT'S requirements for this part of the project,including design objectives
and constraints,space,capacity and performance requirements,flexibility and expendability,and
any budgetary limitations.CONSULTANT may request from the CITY to furnish data,reports,
surveys,and other materials that may be relied upon in performing CONSULTANT'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the project
activities and data collected under the Agreement and amendments thereto. All reports,
drawings,studies,specifications,estimates,maps and computation prepared by or for the CITY
in association with this Agreement shall be subject to review.
The CITY may at any time request progress reports,prints or copies of any work performed
under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans
shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies
with the CITY's request in the regard.
The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14- Insurance.
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CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy,timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all property owners or occupants of the intent to enter properties
for the purpose of accomplishing work in accordance with the practices of the CITY. The
CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of
intent to enter private property. Upon request by the CONSULTANT,the CITY will provide the
necessary documents identifying the CONSULTANT as being in the employ CITY for the
purpose described in the Agreement.
ADVERTISEMENTS,PERMITS,AND ACCESS
Unless otherwise agreed to in the Scope of Services,CITY will obtain,arrange,and pay for all
advertisements for bids;permits and licenses required by local,state,or federal authorities;and
land,easements,rights-of-way,and access necessary for CONSULTANT's services or PROJECT
construction.
TIMELY REVIEW
CITY will examine CONSULTANT's studies,reports,sketches,drawings,specifications,
proposals, and other documents;obtain advice of an attorney,insurance counselor,accountant,
auditor,bond and financial advisors,and other consultants as CITY deems appropriate;and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONSULTANT's Services,or of any
defect in the work of CONSULTANT or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities associated in any way
with the PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of CONSULTANT for required or requested
assistance to support,prepare,document,bring,defend,or assist in litigation undertaken or
defended by CITY.All such Services required or requested of CONSULTANT by CITY,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:
This project involves providing Professional Engineering Services related to assisting Augusta
Utilities Department (OWNER), with the development of sewer service plan for this unserved
pocket of residential customers in the Jimmy Dyess Parkway/Belair Road Area (see attached
exhibit). This area appears to have approximately 900 residential customers that do not have
sanitary sewer service from the utility. This project will develop preliminary service planning,
preliminary route evaluations, capacity estimations, cost estimating, public coordination and
preliminary engineering plan for these areas.Currently it is anticipated that OWNER will have a
multi-year construction plan for the improvements in this service area. AUD will use this
information to determine funding sourcing, construction scheduling and phasing necessary to
deliver service to the customers.
The Belair Road area is currently under construction with new storm drainage being installed and
is a ridge line for the most part.The service of houses and business locations in this area will need
to include the proposed improvements in the area. The residential areas on either side of Belair
Road are fully developed residential areas average 1/3 acres.
DESIGN OBJECTIVES:
The CONSULTANT proposes to provide the following Scope of services for the fees listed under
Basis of Compensation".
Data Gathering
CONSULTANT will first begin with sourcing available data from AUD,AED,GDOT and Augusta
Planning to be used in the development of the service planning analysis for the potential customers.
The data that will be requested will include but is not limited to the following:
1. GIS data of the areas to include aerial data, property records, available lidar
topographic data,existing water,existing sewer data and stormwater data.
2. Receiving sewer capacity analysis data.
3. Record Drawings from receiving sewers.
4. Easement data for roadways and drainage in the area.
5. Construction drawings for the Belair Road Stormwater Improvements
This data will be compiled for use routing analysis and schematic planning of potential service
conditions.
Field Review
CONSULTANT will mobilize staff to review key points of connection in the field.Through visual
inspection of these points of interest, the field conditions will be compared to record data and
attempt to validate ability to serve the proposed areas. During this phase of work major crossing
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conflicts such as storm culverts and Jimmie Dyess Parkway will be reviewed visually to use in
later routing analysis.The notes from this investigation will be compiled and the CONSULTANT
will report any findings to OWNER for updates to the data records. The CONSULTANT will
attempt to identify areas of concern for further environmental evaluation that may impact
proposed routing. These areas will be discussed in the preliminary engineering report and
reviewed in presentations to OWNER.
Route Analysis
Through the use of mapping data provided combined with field investigations,the CONSULTANT
will develop a preliminary routing plan for sanitary sewer service to structures within the project
area. It is understood that the CONSULTANT will not have access to information concerning
existing sanitary plumbing for the residents and will have to rely on subdivision records to guide
the best routes for service.The CONSULTANT will not be interviewing property owners to gather
plumbing data. The CONSULTANT will make use of the lidar topographic information for the
service area in conjunction with available GIS data bases for other utilities and stormwater to
develop routing plans for proposed service conditions. While this information is not design level
information and will not identify all service conflicts,it is anticipated that the information will help
provide a good planning level estimate of the necessary construction costing for the project. The
vertical depth of the proposed conflicts and collection routing will help refine the depths expected
in the construction and general costing for the evaluation. This preliminary routing will be
presented to OWNER for review and comment.This presentation will include project team meeting
to review potential route conflicts and alternatives analysis. Based on OWNER feedback from
review meeting the CONSULTANT will finalize route layout and move forward with phasing and
cost analysis planning. The CONSULTANT will perform calculations of proposed flow analysis.
The flow analysis will be used to help develop proposed sizing of the proposed collection system.
The CONSULTANT will also review existing capacity information for downstream systems
provided by OWNER. At the present it is assumed that OWNER has adequate downstream
capacity to serve the new customer base.
Cost Analysis and PER Preparation
OWNER intends to develop sanitary sewer service for this area in a multiyear phased approach
that will maximize the persons served with the with funding available in each year of the process.
Therefore,the CONSULTANT will develop construction cost estimates for the overall routing plan
and prepare a preliminary breakdown of recommended phasing opportunities that maximize value
to OWNER.The preliminary engineering report will be presented to the project team for input and
discussion. After the initial presentation the CONSULTANT will finalize the preliminary
engineering report based on comments and provide a final submittal to OWNER to adopt.
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A. DELIVERABLES
At each level of the conclusion of the process the CONSULTANT will provide OWNER both
and electronic pdf version of the final preliminary engineering report as well as electronic
updates to the GIS data that may have been modified during the field investigation process
of the project. It is not anticipated that any versions of the preliminary engineering report
document will be delivered in hard copy format.
B. MISCELLANEOUS
1. Additional Services
OWNER may request additional services from time to time.These services will be provided on
an as-needed basis only when requested by OWNER. Should the need arise for additional
services during the course of the project; the CONSULTANT will be pleased to provide
OWNER with an estimated cost prior to authorization of additional services
1. Services Not Included
OWNER reserves the right to amend this Agreement so that the CONSULTANT may
furnish additional services such as those listed below. Additional compensation for
additional services rendered will be provided by OWNER based on negotiated terms.
• Downstream capacity improvement analysis
• Field survey or easement services
• Design development services for improvements
• SUE services for conflict analysis
• Geotechnical services
• Preparation of easement plats
• Additional permitting not indicated in Scope(railroad,wetlands,etc.)
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ATTACHMENT B -COMPENSATION
The OWNER shall pay the CONSULTANT for services set forth in Attachment A, Scope of
Services, the Lump Sum Fee below:
Data Gathering and Evaluation $19,500.00
Field Review $29,100.00
Route Analysis $31,400.00
Cost Analysis and PER $15,000.00 •
The CITY shall compensate the CONSULTANT for services,which have been authorized by the
CITY under the terms of this Agreement.
The CONSULTANT may submit to the CITY a monthly invoice,in a form acceptable to the CITY
and accompanied by all support documentation requested by the CITY,for payment for the
services,which were completed during the billing period. The CITY shall review for approval
said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not
properly supported,or if the costs requested or a part thereof,as determined solely by the CITY,
are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay
each such invoice or portion thereof as approved,provided that the approval or payment of any
such invoice shall not considered to be evidence of performance by the CONSULTANT to the
point indicted by such invoice,or of receipt of acceptance by the CITY of the service covered by
such invoice. The CITY shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems,which have been encountered, which may inhibit
execution of the work. The CONSULTANT shall also submit an accurate updated schedule,and
an itemized description of the percentage of total work completed for each phase during the
billing period.
When the CITY authorizes the CONSULTANT to proceed with 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.
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Overtime may be performed at the discretion of the CONSULTANT,but the premium time
portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested
acceleration of the scheduled work in writing.
ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel
below,including a designated Program Manager will not change or be reassigned without the
written approval of the CITY. Those personnel committed for this work are as follows:
David L.Pond,PE
Bryan Odom,PE
William Wingate,PE
Gary Bennett,PE
SadhanaPriya Veeravalli,EIT
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ATTACHMENT D - SCHEDULE FOR PERFORMANCE
The proposed project schedule is as follows:
• Note to Proceed
• Data Gathering and Evaluations Review- 30 Days
• Updated Data and Comments - 14 Days
• Route Analysis Review 1 - 30 Days
• Route Analysis Review 2 - 45 Days
• Final PER with Estimated Cost - 30 Days
• Owner Comments - 14 Days
• Publish Final PER - 14 Days
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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:
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.
El Cost Proposal that will include cost of surveying, design, preparation of construction
plans and specifications,and other services requested in the CITY's Request for Proposal.
Q Schedule for submittal of review documents at 30%,60%,and 90%completion;and final
documents.
Prior to submitting 30%review documents:
N/A Locate all existing utilities using available information collected by the CONSULTANT.
The CITY will furnish available information on water and sewer locations however the
CONSULTANT must verify to CITY'S satisfaction.
N/A Provide CITY with information on the project site(s),including the following:
• Past and present use of the land(specifically identify any landfilling activities in the
area);identify any nearby designated wetlands
• Soil type(s)
• Boring results when required by CONSULTANT for new facilities or where depth
of line and existing site conditions warrant.
• Brief description of the area (e.g., residential, commercial, industrial) including
general slope of the land, and whether trees, signs, etc. will be in conflict with the
new facilities. Include number of properties affected and number of easements
required with property owners identified
• Identification of potential problems in meeting design objectives.
N/A Site Plan(If Required)
Throughout project:
El Prepare printed responses to comments received from the CITY following reviews.
N/A Provide the necessary plats for easement acquisition and DOT/other permit
application.
N/A Prepare Public Works/DOT/Other permit applications for signature by the CITY.
N/A Prepare and submit plans to EPD for review and approval when required.
PP 9
N/A Prepare plans and specifications,using Augusta Utilities Design Standards and
Specifications(latest version). Specifications must mirror that provided by the CITY.
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Prepare construction cost estimates at each review stage,30%,60%,90%,and with the
submittal of Final documents. Provide cost breakdown for any items to be lump sum
in the construction contract.
Upon completion of design:
N/A Coordinate with the City Procurement Department to advertise the project.
N/A Fax bid information to CITY.
N/A Attend the Pre-Bid Meeting as a technical reference to the CITY.
N/A Prepare letter of recommendation for award of the contract.
N/A Develop conformed contract documents and forward to the CITY for execution.
N/A Attend the pre-construction meeting as a technical reference to the CITY.
N/A Provide clarification related to the plans/specifications throughout design and
construction.
N/A Provide record drawings at completion of the project electronically,per the Utilities
Design Standards and Specifications(latest version).
N/A Provide Services During Construction as follows:
• Attend project meetings as scheduled by the CITY
• Recommend design changes as field conflicts arise(site visits may be required)
• Review and approval of pay requests from the construction Contractor (line of
communication will be construction contractor to resident observer to
CONSULTANT to CITY)
• Provide clarification of plans and specifications throughout construction
• Revise/update plans and/or easement plats as changes occur that require
resubmittal to DOT/other agencies.
AUGUSTA UTILITIES DEPARTMENT CONSU ; 1�
BY: �� u1/4.3 BY: �/' �� /f •
PRINTED NAME: PRINTED NAME: William G.Winga e Ill,PE
TITLE: DIRECTOR TITLE: Vice President
DATE: II- / DATE:
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ADDITIONAL SERVICES:
1. Revisions to the plans/contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT(i.e.,correct
location given by CITY,incorrectly marked on plans by engineer)will be the responsibility of
the CONSULTANT. Other revisions required by the CITY,DOT,EPD,or other government
agency at their request will be considered an additional service.
3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY,
4. Other not described above,as approved by the CITY.
NOTE:
It is the responsibility of the CONSUCt"ANSI as contracted by the CITY to provide professional surveying and engineering services. It
is expected that such professionals will operate in a manner which assures the interests of the common welfare,rather than in a
manner which promotes their own financial gain, It is expected that such professionals will act as a faithful agent for the CITY as a
client. It is the duty of the CONSULTANT to protect the safety,health and welfare of the public in the performance of their
professional duties.
•
27 CE 27 REVISION DATE: June 2006