HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT WITH CRANSTON ENGINEERING FOR SITE SURVEYS OF THREE (3) AREAS WITHIN THE LANEY WALKER/BETHLEHEM NEIGHBORHOODS FOR THE PURPOSE OF REDISTRIBUTION OF NARROW LOTS TO ACCOMODATE SLIGHTLY WIDER HOMES Professional Services Agreement
BETWEEN
Cranston Engineering
AND
Augusta,GA
THROUGH
Housing and Community Development Department
FOR
"Site Surveys—3 Areas LW/B"
THIS AGREEMENT, is made and entered into as of the 4' day of Q 2019 ("the
effective date") by and between Augusta,Georgia through the Housing and mmunity Development
Department(hereafter referred to as "AHCD")with principal offices located at 925 Laney Walker Blvd,
2nd Floor,Augusta,GA 30901,as party of the first part, hereinafter called "The City"and Cranston
Engineering as party in the second part.
WITNESSETH
WHEREAS,AHCD is undertaking certain activities related to the revitalization of certain neighborhoods;
and
WHEREAS,AHCD desires to engage Cranston Engineering for the purpose of surveying properties at
1216, 1218, 1220 and 1222 Perry Avenue, 1508, 1510 and 1512 Twiggs Street and 1352, 1354 and 1356
Eleventh Street in support of the revitalization initiative in the Laney-Walker& Bethlehem
neighborhoods.
NOW,THEREFORE,the parties of this agreement for the consideration set forth below, do here and now
agree to the following terms and conditions:
1. EMPLOYMENT.AHCD agrees to engage Cranston Engineering,and Cranston Engineering agrees
to provide AHCD services which involve working with AHCD's staff,contractors, developers,
funding sources and neighborhood-based organizations in the maintenance of city owned
properties throughout of Laney Walker/Bethlehem neighborhoods.
2. SCOPE OF SERVICES. Cranston Engineering will provide the services("Scope of Services"set
forth in Appendix A), attached hereto and incorporated herein by reference to"Scope of
Services". Scope of Services may be added to this agreement through the mutual consent of
both AHCD and Cranston Engineering, in the form of an invoice/estimate and Agreement
amendment which are signed by both parties.
a. It is understood and agreed by the parties that the services of Cranston Engineering do
not include any of the following:The disbursement or account of funds distributed by
AHCDs financial officer, legal advice,fiscal audits,or assistance with activities not
related to the performed services.
3. DEFECTIVE PRICING.To the extent that the pricing provided by Cranston Engineering is
erroneous and defective,the parties may, by agreement,correct pricing errors to reflect the
intent of the parties.
4. LIASION.AHCD'S designated liaison with Cranston Engineering is Carrie Thorne.
Augusta Housing and Community Development
Cranston Engineering—Site Surveys,3 Areas LW/B Page 1
5. EFFECTIVE DATE AND TIME OF PERFORMANCE.This agreement takes effect on
2019 and will conclude once work is completed.AHCD may discontinue the agreement any time
during the agreement period with 30 day notice to Cranston Engineering Cranston Engineering
may discontinue this agreement with 60 day notice to AHCD.
6. COMPENSATION.Scope of Services (signed estimate)will detail types of services to be
performed, and fee for the requested services on a fee plus scale. The total amount of this
contract is Six Thousand,Seven Hundred and 00/100($6,700). For the satisfactory completion
of the services to be provided under this agreement,Cranston Engineering will submit,to AHCD,
an invoice for the performance of services.AHCD will sign off as verification of work completed
and acceptance of the fee requested. Cranston Engineering will receive compensation for
additional expenses only with the signature confirmation of AHCD.
7. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE. Cranston Engineering 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.
8. GEORGIA PROMPT PAY ACT NOT APPLICABLE.The terms of this agreement supersede any and
all provisions of the Georgia Prompt Pay Act.
9. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that Cranston Engineering
is an approved independent consultant and as such, neither it nor its employees, if any,are
employees of AHCD or The City for purposes of tax, retirement system,or social security(FICA)
withholding. It is further understood that Cranston Engineering will maintain at its expense for
the duration of this agreement, coverage in a workers'compensation plan for its principles and
employees for the services to be performed here under or provide documentation of
exemption.
10. ELIGIBILTY.Cranston Engineering certifies that its business and principles are not debarred,
suspended,voluntarily excluded,or otherwise ineligible for participation in federally assisted
contracts under Executive Order 12549; "Debarment and Suspension" [25 CFR 24.505].
11. CONFLICT OF INTEREST. Cranston Engineering governs that it presently has no interest and will
not acquire any interest, direct or indirect, in the project that would conflict in any manner or
degree with the performance of its services hereunder. Cranston Engineering further covenants
that in performing this agreement, it will employ no person who has any such interest. Cranston
Engineering shall not be permitted to provide services in the Laney Walker/Bethlehem
Redevelopment Project Area for the express purposes of delivering the services,to Augusta,
Georgia without the written consent of AHCD.
12. ENTIRE AGREEMENT:MODIFICATION.This agreement contains the entire agreement between
the parties,and no statements, promises,or inducements made by either party,or agents of
either party,that are not contained in the written Agreement,are valid or binding, No changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
Cranston Engineering specifically acknowledges that in entering into and executing this
agreement,they rely solely upon the provisions contained in this agreement and not others.
13. NON-ASSIGMENT OF AGREEMENT. Inasmuch as this agreement is intended to secure the
specialized services of Cranston Engineering, Cranston Engineering may not assign its rights,
Augusta Housing and Community Development
Cranston Engineering—Site Surveys,3 Areas LW/B Page 2
including the right to compensation,transfer, and delegate or subcontract or assignee will be
bound by all the terms and conditions of this agreement.
14. ASSIGNMENT OF PERSONNEL. Cranston Engineering shall not substitute any personnel for those
specifically named in its proposal unless personnel with substantially equal or better
qualifications and experience are provided and acceptable to AHCD,as is evidenced in writing.
15. INDEMIFICATION. Cranston Engineering waives any and all claims and recourse against AHCD,
including the right of contribution for loss and damage to person and property arising from,
growing out of,or in any way connected with or incidental to Cranston Engineering's negligent
performance of this agreement. Further, Cranston Engineering will indemnify, hold harmless,
and defend AHCD against any and all claims,demands,damages, costs, expenses,or liabilities
arising out of Cranston Engineering's negligent performance of this agreement except for
liability arising out of the concurrent or sole negligence of AHCD or its officers,agents,or
employees. Point to Point shall also indemnify AHCD for any adverse determination made by the
Internal Revenue Service or the State Franchise Tax Board against Cranston Engineering with
respect to Cranston Engineering's "independent consultant"status that would establish a
liability for failure to make any social security of income tax withholding payments.
16. INSURANCE. Cranston Engineering shall have and maintain in full force and effect for the
duration of this agreement, insurance insuring against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work by
Cranston Engineering, its agents, representatives,or employees.
17. BREACH OF CONTRACT. In the event of breach of agreement by Cranston Engineering,AHCD
may at its option engage the services of another consultant to complete the work and deduct
the cost of performance under this agreement, and then the affected party may pursue all legal
remedies available for breach of agreement.
18. TERMINATION OF AGREEMENT.This Agreement may be terminated as follow:
a. Termination for cause:
i. If AHCD determines that Cranston Engineering has failed to comply with the
terms and conditions of the Agreement, it may terminate this agreement in
whole or in part any time before the date of completion. If Cranston Engineering
fails to comply with any of the terms and conditions of this agreement,AHCD
may give notice, in writing,to Cranston Engineering,of any or all deficiencies
claimed.The notice will be sufficient for all purposes if it describes the default in
general terms. If all defaults are not cured and corrected within a reasonable
period to be specified in the notice,AHCD may,with no further notice, declare
this agreement to be terminated. Cranston Engineering will thereafter be
entitled to receive payment for those services reasonably performed to the date
of termination less the amount of reasonable damage suffered by AHCD by
reason of Cranston Engineering's failure to comply with this agreement.
ii. Notwithstanding the above, Cranston Engineering is not relieved of liability to
AHCD for damages sustained by AHCD by virtue of any breach of this agreement
by Cranston Engineering, and AHCD may withhold any payments to Cranston
Engineering for purposes of set off until such time as the exact amount of
damages due AHCD from Cranston Engineering is determined.
Augusta Housing and Community Development
Cranston Engineering—Site Surveys, 3 Areas LW/B Page 3
iii. AHCD may terminate this contract should funding cease or be materially
decreased. Cranston Engineering will thereafter be entitled to receive payment
for those services reasonably performed to the date of termination, less the
amount of reasonable damage suffered by AHCD by reason of Cranston
Engineering's fault for the cause of contract termination.
19. The law of the State of Georgia shall govern the contract between AHCD and Cranston
Engineering with regard to its interpretation and performance,and any other claims related to
this agreement.All claims,disputes and other matters in question between AHCD and Cranston
Engineering arising out of or relating to the Agreement, or the breach thereof,shall be decided
in the Superior Court of Richmond County, Georgia. Cranston Engineering, 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.
20. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions
of this agreement,the prevailing party is entitled to recover reasonable attorney's fees and
other costs and expenses,whether the same are incurred with or without suit.
21. PROHIBITION AGAINST CONTINGENT FEES.Cranston Engineering 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 Cranston Engineering for the purpose of securing business and that Cranston
Engineering has not received any non-City fee related to this agreement without the prior
written consent of AHCD. For breach or violation of this warrant,Augusta, GA 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.
22. DOCUMENTS INCORPORATED BY REFERENCE.All documents submitted by Cranston
Engineering and all applicable federal and state statutes and regulations incorporated into this
agreement by this reference are binding upon AHCD and Cranston Engineering.
23. OWNERSHIP AND PUBLICATION OF MATERIALS.All drawings, reports, information,data,and
other materials prepared by Cranston Engineering pursuant to this agreement,or future
agreements as amended through the issuance of an agreed upon and signed estimate, are to be
the property of AHCD,which have nonexclusive and unrestricted authority to release, publish or
otherwise use, in whole or in part, information relating thereto, in relation to the Laney-
Walker/Bethlehem Neighborhood Redevelopment Area project.Any reuse without written
verification or adaptation by Cranston Engineering for the specific purpose intended will be at
the owner's sole risk and without liability or legal exposure to AHCD. No material produced in
whole or in part under this agreement may be subject to copyright or patent in the United Sates
or in any other country without the prior written permission of AHCD.
24. REPORTS AND INFORMATION. Cranston Engineering will maintain accounts and records,
including personnel, property and financial records,which are adequate to identify and account
for all cost pertaining to this agreement;and such other records as may be deemed necessary
by AHCD to assure proper account for the project funds, both federal and non-federal shares.
These records will be made available for audit purposes to AHCD or its authorized
Augusta Housing and Community Development
Cranston Engineering—Site Surveys,3 Areas LW/B Page 4
representative, and will be retained by AHCD for five (5)years after the expiration of this
agreement, unless permission to destroy them is granted by AHCD.
25. RIGHT TO INSPECT PREMISES.The City may,at reasonable times, inspect the part of the plan,
places of business, or work site of Cranston Engineering or any subcontractor of Cranston
Engineering or subunit thereof which is pertinent to the performance of any contract awarded
or to be awarded by the City.
26. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.To the extent that it
does not alter the scope of this agreement,The City may unilaterally order a temporary stopping
of the work,or delaying of the work to be performed by Cranston Engineering under this
agreement.
27. LIQUIDATED DAMAGES.Cranston Engineering agrees to pay as liquidated damages to the City,
the sum of$0 for each consecutive calendar day after expiration of the contract time of
completion,except for authorized extensions of time by the City.This section is independent of
Section 17. Breach of Contract.The parties agree that these provisions are liquidated damages
are not intended to operate as penalties for breach of contract.
All services performed hereunder shall be in accordance with all federal,state,and local laws,
ordinances, rules, and regulations
Augusta Housing and Community Development
Cranston Engineering-Site Surveys,3 Areas LW/B Page 5
NOTICES
All notices given pursuant to the agreement shall be mailed or delivered to the following addresses or
such other address as a party may designate in writing:
Notices to the City:
Office of the Administrator
Municipal Building
535 Telfair Street, Room 910
Augusta, GA 30901
Notices to AHCD:
Director
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 3rd Floor
Augusta, GA 30901
Notices to Cranston Engineering:
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
{Signatories on next page}
Augusta Housing and Community Development
Cranston Engineering-Site Surveys,3 Areas LW/B Page 6
COUNTERPARTS
This agreement is executed in two(2)counterparts-each of which shall be deemed an original and
together shall constitute one and the same agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA,GEORGIA
(Grantee)
)
A%pprg as to Form by(please initial here): j, ��
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Wayne Brown,/_ as Interim General Counsel Mayor Hardie Davis,Jr.,as ' ayor
Date: ('l7/ Date:
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Ja ims,as In rim City Administrator Hawthl We c er, r., . ector
Date: Cilia( /5 Date: (l 5 69
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.� ,, v „ Affix Seal Here:
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ATTEST:CR NSTON ENGINEERING
Grantee)
By:
1,4e4Date:Date: 1p 13A 1
John , ay 111
As Its Owner's Representative
By: L ' o 4 5 19
Date:
Plain Witness
Augusta Housing and Community Development
Cranston Engineering-Site Surveys,3 Areas LW/B Page 7
APPENDIX A
SCOPE OF WORK
(PROPOSAL ATTACHED)
General Scope:
This project involves site surveys for 3 areas within Laney Walker/Bethlehem.
• Site one is located on Perry Avenue between 12th and 13th Street. Cranston will survey lots 1216,
1218, 1220 and 1222,combine and redistribute to 3 equal width lots.
• Site two is located on Twiggs Street west of Ash Street. Cranston will survey lots 1508, 1510 and
1512,combine and redistribute to 2 equal width lots.
• Site 3 is located on Eleventh Street. Cranston will survey lots 1352, 1354 and 1356,combine and
redistribute into 2 equal width lots.
Augusta Housing and Community Development
Cranston Engineering-Site Surveys, 3 Areas LW/B Page 8
c_) CRANSTON
ENGINEERING
ENGINEERS - PLANNERS - SURVEYORS
452 Ellis Street Augusta,Georgia 30901
PO Box 2546 Augusta,Georgia 30903
706.722.1588
CranstonEngineering,com
April 18,2019
Ms. Carrie L. Thorne
Housing and Community Development Dept.
925 Laney Walker Blvd.,2nd Floor
Augusta, Georgia 30901
Re: Surveying Services
Augusta Housing&Community Development
Augusta, Georgia
Dear Carne:
In accordance with your request, we are pleased to submit the following proposal for
preparing surveys in the three areas of Augusta, Georgia as outlined below.
Site One Location
Site one is located on Perry Avenue between 12th and 13`h streets. We will survey lots 1216, 1218,
1220, and 1222 and combine and redistribute to 3 equal lots.
Site Two Location
Site two is located on Twiggs Street west of Ash Street. We will take the balance of 1508, 1510,
and 1512 and redistribute into two equal lots.
Site Three Location
Site three is located on Eleventh Street. We will take lots 1352, 1354, and 1356 and redistribute
into two equal lots.
SCOPE OF WORK:
We propose to make a field survey of the boundaries of the property using traverses near
the true lines,to recover or set all property corners,to locate any encroachments, and to prepare a
plat of the survey suitable for recording in Richmond County. The plat will be drawn on bond
paper at an appropriate scale and sheet size. We will furnish six blueprints of the plat for your use.
AUGUSTA I CHARLESTON I HILTON HEAD
Ms. Carrie L. Thorne
April 18, 2019
Page 2
FEE PROPOSAL:
Site One Fee
Our fee for the work on site one will be based on a lump sum fee of$2,750.00.
Site Two Fee
Our fee for the work on site two will be based on a lump sum fee of$2,500.00.
Site Three Fee
Our fee for the work on site three will be based on a lump sum fee of$1,450.00.
TIME OF COMPLETION:
We are prepared to begin work at your direction and would expect to present you with the
completed map within 35 days. Your signature in the space provided on a copy of this letter
returned to us will be our authority to proceed with the work.
We appreciate the opportunity of submitting this proposal and trust that you find it
satisfactory. Should you have any question concerning the scope of the services offered, or the
fee,please do not hesitate to give us a call.
Sincerely,
CRANSTON ENGINEERING GROUP, P.C.
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AUGUSTA I CHARLESTON I HILTON HEAD
Ms. Carrie L. Thorne
April 18, 2019
Page 3
ACCEPTED: ACCEPTED:
HOUSING& COMMUNITY DEV. HOUSING & COMMUNITY DEV.
Site One Site Two
1216-1222 Perry Street 1508-1512 Twiggs Street
$2,750.00(35 Days) $2,500.00 (35 Days)
BY: BY:
TITLE: TITLE:
DATE: DATE:
ACCEPTED:
HOUSING & COMMUNITY DEV.
Site Three
1352-1356 11th Street
$1,450.00(35 Days)
BY:
TITLE:
DATE:
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AUGUSTA I CHARLESTON I HILTON HEAD