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HomeMy WebLinkAboutCRANSTON ENGINEERING GROUP DIAMOND LAKES TENNIS COMPLEX STATE OF GEORGIA RICHMOND COUNTY CONSULTANT: PROJECT: DATE EXCECUTED: DATE COMPLETED: 10F20 MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT Cranston Engineering Group, P.c. Diamond Lakes - Tennis Complex June 14, 2007 ". .. REVISION DATE: FEBRUARY 5, 2001 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this L day of ~ , 2007 by and between AUGUST A, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and Cranston Engineering Group, P.c. 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: The design of a new tennis complex to be located within Diamond Lakes Regional Park (project description); 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 20 REVISION DATE: FEBRUARY 5, 2001 GENERAL PROVISIONS CONSULT ANT has agreed in its 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 - Responsibilities of the Design Engineer on Utilities Site Design Projects and other relevant data defining the Project. ~)VI JI",/f CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility companies, and other consultants as directed by the CITY. CITY, CONSULTANT and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONSULTANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONSULTANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which . services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. 3 OF 20 REVISION DATE: FEBRUARY 5, 2001 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. UTIGA TION 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. 4 OF 20 REVISION DATE: FEBRUARY 5, 2001 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. Program Mnnaf;er means CH2M HILL ns the representative of the CITY who shall act ns Liaison ~~~~~~ i~~: ;~~;~~:"~~~or ?; [?ers pertaining to this "~greemcnt, includins revicw 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. 5 OF 20 . REVISION DATE: FEBRUARY 5, 2001 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents. Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement - Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders 6 OF 20 REVISION DATE: FEBRUARY 5, 2001 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 Task Order authorization. The effective date of services shall be defined in each Task Order authorization. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT'S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval ~f the C~. ~~r~~:::::;~~er ::~~prove minor c~ to the scope of services that do not illT:ohc an mCFcuse eompeRsaaeR sCReEhHe. "y .) w )j 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 20 REVISION DATE: FEBRUARY 5, 2001 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 CONSULT ANT 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. 950-18-70, et seq.). CONSULTANT shall coorporate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. TURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULT ANT 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 CONSULT ANT 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 20 REVISION DATE: FEBRUARY 5, 2001 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 CONSULT ANT 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. 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 9 OF 20 REVISION DATE: FEBRUARY 5, 2001 under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE p~ The CONSULTANT shall, at all times that this Agreement is in effect, cause to~ maintained in force and effect an insurance policy(s) that will ensure and inde~ the CITY, 1>A rogram Manager against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia. B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than One Million ($1,000,000) Dollars on account of anyone 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 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 coverage's identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as 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 15.1 Conflict of Interest: The CONSULT ANT 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. 10 OF 20 REVISION DATE: FEBRUARY 5, 2001 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. The CITY will not approve any subcontractor for v10rk covered by thie !~;reernent that hac not been recommended for approTfal by the Prot;ram Manager. "'9.) vJ ~~ 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 CONSULT ANT agrees as follows: (1) the CONSULT ANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE 11 OF 20 REVISION DATE: FEBRUARY 5, 2001 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 CONSULT ANT shall make available to the CITY and/ or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT's knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 12 OF 20 REVISION DATE: FEBRUARY 5, 2001 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: ADMINISTRATOR AUGUSTA, GEORGIA 530 Greene Street Augusta, GA 30901 CONSULTANT: CRANSTON ENGINEERING GROUP, P.c. 452 Ellis Street Augusta, GA 30901 Copy to: DIRECTOR AUGUSTA RECREATION AND PARKS DEPARTMENT 2027 Lumpkin Road Augusta, GA 30906 13 OF 20 REVISION DATE: FEBRUARY 5, 2001 CONSULTANT'S RESPONSIBILITIES CONSULTANT, in order to determine the requirements of the Project, shall review the "\)}vJ & 2/. information in Attachment _ A - Responsibilities of the Design Engineer on Utilities Site Design f tP Projects. CONSULTANT shall review its understanding of the Project requirements wHfl "'Q)",)J Program Manager 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. PROTECT UNDERSTANDING Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULT ANT'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 CONSULT ANT 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. 15 OF 20 REVISION DATE: FEBRUARY 5, 2001 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 CONSULT ANT 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. 16 OF 20 REVISION DATE: FEBRUARY 5, 2001 ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: See attached Proposal from Cranston Engineering Group, P.c. dated April 19, 2007. DESIGN OBJECTIVES: See attached Proposal from Cranston Engineering Group, P.c. dated April 19, 2007. 17 OF 20 REVISION DATE: FEBRUARY 5, 2001 ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by - the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT the lump sum fee as mutually agreed for work completed. on the basis of the standard billing rates shOT,Am in "^~ttachment B to the Contract of those principals and employees engaged directly on the "".'ark.. t>J W ~ U Compensation for design services shall be inYJoices based on the Gum of all nctual costs incurred in the performance of the work, includin; all direct, payroll, overall and profit cost in an amount not to e)(ceed the compensation set fort!-. in any authorized Task Order. "~l invoices submittcd by the CONSULT"~NT shall be detailed to reflcct incurred c)(penses, labor hours and costs by authorized Task. the lump sum fee as stated in the proposal referenced in Attachment A and dated Apri119, 2007. 1>.Jw' .~i-~ 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. 18 OF 20 REVISION DATE: FEBRUARY 5,2001 ATTACHMENT C - LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Project Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: Name Title Dennis J. Welch, P.E. Principal in Charge D. Scott Williams, P.E. Project Manager Ryan Page Project Engineer John T. Attaway, R.L.S. Land Surveyor 19 OF 20 REVISION DATE: FEBRUARY 5, 2001 ATTACHMENT D - SCHEDULE FOR PERFORMANCE See attached Proposal from Cranston Engineering Group, P.c. dated April 19, 2007. 20 OF 20 REVISION DATE: FEBRUARY 5, 2001 ^ Cranston Engineering Group, P.C. ~ ENGINEERS - PLANNERS -SURVEYORS 452 ELLIS STREET, AUGUSTA, GEORGIA 30901 POST OFFICE BOX 2546, AUGUSTA, GEORGIA 30903 TELEPHONE 7()6..722-1588 FACSIMILE 706-722-8379 mail@cranstonengineering.com THOMAS H. ROBERTSON, PE, AlCP, RLS JAMES B. CRANFORD, JR., PE DENNIS J. WELCH, PE J. CRAIG CRANSTON, PE, RLS (RETIRED) April 19, 2007 Mr. Ron Houck Augusta Recreation and Parks Department 2027 Lumpkin Road Augusta, Georgia 30906 Re: Diamond Lakes Tennis Complex Our File No. 2006-0066 Dear Ron: In accordance with your request, we have prepared the following revised proposal for furnishing the necessary surveying and engineering design of a new tennis complex at Diamond Lakes Regional Park. PROJECT DESCRIPTION: The proposed tennis complex will include a minimum of 8 courts to be constructed under Phase I; however, the site design will be done to accommodate 16 courts. The complex will include a curb and guttered access road off of Diamond Lakes entrance road, parking to support the facilities, as well as water and sewer connections. The location of the new complex will generally be the same as shown on the updated Master Plan as prepared by our firm. The sanitary sewer connection will include the design of approximately 1,250 linear feet of offsite sewer design. In addition to the design of the proposed tennis complex, this project includes a hydrology study and detention pond design for the updated Master Plan. SCOPE OF WORK: The work included in this proposal consists of the accomplishment of field enhancement surveys and preparation of construction plans and specifications. The work will begin with field enhancement surveys that will include topographic and utility mapping of existing improvements at the proposed location of the tennis complex. We will also provide horizontal and vertical control surveys and sufficient office work to add these improvements to the existing aerial map of the park. Mr. Ron Houck April 19, 2007 Page 2 Upon the completion of the survey base map, we will prepare preliminary site plans for your review of the proposed site work for the complex including access road, parking, water and sewer, stormwater detention, and drainage improvements. Upon your concurrence with the preliminary plans, we will then prepare final plans for the construction of the site work that will incorporate your comments from the preliminary plans. We will then prepare detailed specifications, a bidding schedule, contract documents, and a final estimate of the probable cost of construction. It is our understanding that no environmental documentation or permitting relating to wetlands, stream buffers, endangered species or similar state/federal regulatory reviews will be required and therefore, we have not included any such work in this proposal. Should it be determined, at a later date, that environmental documentation or permitting will be required, then we would anticipate negotiating a fee for that work at that time. Drawings will be prepared in ink on mylar film at an appropriate scale. The site plan sheets will be accomplished using computer assisted design and drafting (CADD) equipment, and these sheets will be available in AutoCAD computer disc format if desired, at no additional fee. In the event of a difference between the disc reproduced drawings and the original tracing, the hard copy tracing will govern. During the bidding phase, we will assist you in conducting a pre-bid conference, answer bidders questions, assist in preparing any addenda required, attend the bid opening, summarize and analyze the bids, and recommend an award. Construction phase engineering services will consist of periodic site visits to observe the progress and general quality of the work as it progresses; reviewing shop drawings; preparing any change orders required; reviewing contractor's monthly applications for partial payment; and making a pre-final and a final site visit to determine whether or not the work has been completed in substantial conformity with the plans and specifications. Site visits will generally be at varying intervals appropriate to the stage of the contractor's operations, but no less frequently than bi-monthly, or when called upon to observe a particular area. While more intense on-site observation services are beyond the scope of this proposal, we have the capability offumishing more frequent observation orresident project representation, if those services should be desired. Any observation services will be for the purpose of monitoring compliance with the plans, specifications, and contract documents, and will not in any manner be a guarantee of the schedules, materials, appliances, or methods of the contractor, nor for the safety of the job. Mr. Ron Houck April 19, 2007 Page 3 FEE PROPOSAL: We propose to accomplish the surveying and mapping for a lump sum of $8,875.00, the engineering design work associated with updating the hydrology study and detention design for the revised Master Plan for a lump sum fee of $2,500.00 and the engineering design work associated with the new tennis complex for a lump sum fee of $35,000.00, which is 7.0% of our $500,000.00 conceptual construction cost estimate. These lump sum fees could be broken down into project phases as follows and we would expect to submit invoices on a monthly basis to cover that portion of the work completed during the month. I. n. Ill. Enhancement Survevs & Mapoim! A. Topo and utility survey (Approximately 8 acres) $ B. Field stake and profile offsite storm and sanitary sewer $ Surveying Subtotal $ 6,500.00 2.375.00 8,875.00 Hvdrolol!V Study and Detention Pond Desil!nlRevisions for the Updated Master Plan $ 2,500.00 Preliminary Design & Plans A. Prepare preliminary design drawings B. Prepare outline specifications C. Prepare cost estimate D. Review wi Recreation Department & receive comments $ 10,720.00 IV. Final Design. Plans & Contract Documents A. Prepare final plans incorporating previous comments B. Prepare final specifications C. Prepare bidding and contract documents D. Update cost estimate $ 16,080.00 V. $ 2,100.00 Biddin~ Phase A. Assist in pre-bid conference B. Answer bidders questions C. Prepare addenda, if required D. Attend bid opening E. Summarize and analyze bids F. Recommend award VI. Construction Phase A. Assist in preconstruction conference B. Construction observation services $ 6,100.00 Engineering Subtotal $ 37,500.00 TOTAL $ 46,375.00 .,. Mr. Ron Houck April 19,2007 Page 4 TIME OF COMPLETION: We propose to begin work immediately upon your direction and expect to complete the field enhancement surveys and base mapping within sixty (45) days. We will then expect to complete the preliminary plans sixty (60) days thereafter. Following your review and approval of our preliminary plans, we will complete the final design plans and prepare the contract documents within sixty (45) days, for a total time of 150 days following your notice to proceed, exclusive of times required for reVIews. We appreciate the opportunity of making this proposal and trust that you find it satisfactory. Should you have any question concerning the scope of the services offered, or the fees, please do not hesitate to contact us at your earliest convenience. Sincerely, CRANSTON ENGINEERING GROUP, P.C. ~~~- D. Scott Williams, P.E. DJW /tdj G:\AA-CORRESPONDENCE\2006\06-066 - Diamond Lakes Tennis CompiexlProposal- Ron Houck 4-19-07.wpd IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: AUGUS~EORGIA (CITY) CONS~TANT BY L Cd .q--- BY--u,. ~' WIkA. ~fl" PRINTED NAME: j#..);rp 5 - C"I'-e- y cktt-v6L PRINTED NAME: Dennis T. Welch, PE TITLE: MAYOR TITLE: Vice President ATrndh~! DATE: 't ';)6 -6 7 DATE: Copy To: DIRECTOR ~/ AUGUSTA RECREATION AND PARKS DEPARTMENT jf /7 2027 Lumpkin Road Augusta, GA 30906 14 OF 20 REVISION DATE: FEBRUARY 5, 2001