HomeMy WebLinkAboutCRANSTON ENGINEERING GROUP FEASIBILITY STUDY DIAMOND LAKES
ST ATE OF GEORGIA
RICHMOND COUNTY
CONSULTANT:
PROJECT:
DATE EXCECUTED:
DATE COMPLETED:
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULT A:t\.TT
Cranston Engineering Group, P.c.
Diamond Lakes - Camping Feasibility Study
June 5, 2008
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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 _ day of , 2008 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:
A feasibility study for the potential development of camping along with the supporting facilities 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:
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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 Feasibility Study Projects and other relevant data
defining the Project. ~ ~ "" ~t
CONSULT ANT 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. CONSULT ANT 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.
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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
CONSULT ANTIS 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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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 Manager me;ms CH2M HILL uS the reprcoentative of the CITY 'who shall act as Liaioon
betvi'een the CITY and the CONSULT /'~:!'JT for all m:1tters pertaining to thio .\;;rcement, including reT,'icw
of CONSULT /'J\JT's pIano and vlork. 17~ 'II fA;r--
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, workrnapship, labor and any other services or things necessary to the suceessful
completion of the Project, assigned to or undertaken by CONSULT ANT under this Agreement.
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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
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GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONSULT ANT 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 aU 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. The Program Manager may approve minor changec to the scope of ser'i'iccc that do not
invol'i'e an increase compenoation schedule. ,,~ .." R):!-
4. PERSONNEL
The CONSULT ANT 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
CONSULT ANT 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
CONSULT ANT 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 CONSULT ANT'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 CONSULTAl\.TT 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 CONSULT ANT and responsible for the work prescribed by this Agreement.
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REVISION DATE: FEBRUARY 5, 2001
5. ACCURACY OF WORK
~.vI ~tY
The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and
omissions in its reports, plans and specifications without additional compensation. The CONSULT ANT
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 CONSULT ANT 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 CONSULT ANT, but should any such information
be released by the CITY or by the CONSULT ANT 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. S 50-18-70, et
seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law.
8. TURISDICTION
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 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.
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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 CONSULT ANT shall violate any of the covenants, agreements or
stipulations of this Agreement, CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT 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
CONSULT ANT 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 CONSULT ANT 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
CONSULT ANT or by CITY employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULT ANT 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
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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
"O~ vi (.( If'
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, and Program M:1nager 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 CONSULT ANT during the term of this Agreement.
The CONSULT ANT 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 CONSULT ANT 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 Liabilitv 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 Liabilitv 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 CONSULT ANT'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 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.
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 CONSULT ANT shall not subcontract any part of the work covered bytms Agreement or permit
subcontracted work to be further subcontracted without the CITY1s prior written approval of the
subcontractor. The CITY will not approT.Te any subcontractor for 'work covered by this .^~grcement that has
not been recommended for appro'lal by the Program M:1nager. -'0 ~ W ~ r:r
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 CONSULT AI\TT 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 WORKPLACE
CONSULT ANT 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 II 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.
TheCONSULTANT 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 C01'-.TVERSA TION
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.
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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
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REVISION DATE: FEBRUARY 5, 2001
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
aPvJ
.. -~ .W~~
Ce few *~~,L. PRINTED NAME: Dennis T. Welch, PE
AUGUST A, GEORGIA (CITY)
BY: CO Jl.xf, ~
BY: ~-
PRI]\.TTED NAME: 1/r1IJ;t:j) g.
TITLE: MAYOR
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CONSULTANT
TITLE: Vice President
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ATTEST CLERK:
DATE:
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AUGUST A RECREATION AND PARKS DEPARTMENT
2027 Lumpkin Road
Augusta, GA 30906
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REVISION DATE: FEBRUARY 5, 2001
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CONSULTANT'S RESPONSIBILITIES ~{t
CONSULT ANT, in order to determine the requirements of the Project, shall review the"Ot Vi
information in Attachment A - Responsibilities of the Design Engineer on Utilities Feasibility
Study Projects. CONSULTANT shall review its understanding of the Project requirements wi.fu
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&omputation 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 CONSULT ANT complies
with the CITY's request in the regard.
The CITY's review recommendations shall be incorporated into the plans and reports by the
CONSULTANT. "96'"
Ir
CONSULT ANT'S INSURANCE
CONSULT ANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
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REVISION DATE: FEBRUARY 5, 2001
CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY1s possession relating to CONSULTANTs
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 CONSULT ANT shall discuss with and receive approval from the CITY prior to sending
notices of intent to enter private property. Upon request by the CONSULT ANT, the CITY will
provide the necessary documents identifying the CONSULT ANT 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 REVIffiV
CITY will examine CONSULTANTs 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 CONSULT ANT 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 CONSULT ANT 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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REVISION DATE: FEBRUARY 5, 2001
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
See attached Proposal from Cranston Engineering Group, P.c. dated April 9, 2008.
DESIGN OBJECTIVES:
See attached Proposal from Cranston Engineering Group, P.c. dated April 9, 2008.
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 CONSULT ANT 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 CONSULT ANT 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 CONSULT ANT the lump sum fee as mutuallv agreed for work
completed. on the baoiD of the st;mdard billing rates ohovm in .\ttachment B to the Contract of
those principals and employees eng:1ged directly on the 'work. . "..vi An--
Compensation for design services shall be in'i'oicec based on the sum of all actual costs incurred
in the performance of the v.'ork, including all direct, payroll, oT,'erall and profit cost in ;m
amount not to exeeed the compensation set forth in any authorized Task Order. .All invoices
submitted by the CONSUL T !'~NT shall be detailed to reflect incurred expensec, labor hours and
costs by authorized Task. the lump sum fee as stated in the proposal referenced in
Attachment A and dated April 9 , 2008. "'9 ~ vi ~~
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 CONSULT ANT 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
D. Scott Williams, P.E. Principal in Charge/Project
Manager
Eldridge A. Whitehurst Jr., P.E. Assistant Project Manager
Tori Fowler Project Engineer
19 OF 20
REVISION DATE: FEBRUARY 5, 2001
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
See attached Proposal from Cranston Engineering Group, P.c. dated April 9, 2008.
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 706-722.1588
FACSIMILE 706-722-8379
mail@cranstonengineering.com
J. CRAIG CRANSTON, PE, RLS
(RETIRED)
THOMAS H. ROBERTSON, PE, AICP, RLS
JAMES B. CRANFORD, JR., PE
DENNIS J. WELCH, PE
April 9,2008
Mr. Ron Houck
Augusta Recreation and Parks Department
2027 Lumpkin Road
Augusta, Georgia 30906
Re: Diamond Lakes - Camping Feasibility Study
Our File No. 2008-0163
Dear Ron:
In accordance with your request, we are pleased to offer the following proposal for
accomplishing the necessary engineering services for a feasibility study for the potential
development of camping along with the supporting facilities at Diamond Lakes Regional Park. This
letter outlines the proj ect as we understand it, the scope of services offered, and the proposed fees.
PROJECT UNDERSTANDING:
Diamond Lakes Regional Park is located in south Richmond County and is maintained by
the Augusta Recreation and Parks Department. The park is approximately 3 51 acres, and it currently
includes facilities such as baseball and softball complexes; a community center with indoor
basketball, racket ball, walking track and meeting rooms; a library; nature trails and lakes. Future
plans include the addition of more baseball fields, a tennis complex, expansion of the community
to include an aquatic center, a soccer complex, a golf driving range, a par three golf course and
camping. Currently, the City is wanting a feasibility study completed to determine the need for and
possible support of camping facilities at the park.
SCOPE OF WORK:
We will provide the following services as part of our study and report:
1) We will perform a limited analysis of the surrounding facilities which provide
camping. The radius of the analysis would include facilities located in Aiken and
Lake Thurmond at a minimum.
2) A general five year economic analysis, including potential use, using an-assumed
construction cost mutually determined by the Augusta Recreation and Parks
Department and Cranston Engineering Group, P .C.
~~
Mr. Ron Houck
April 9, 2008
Page 2
3) A letter report summarizing our findings. This report would include a narrative
describing the proposed facilities envisioned and an explanation of all assumptions.
Additional services such as meetings or presentations necessary for presenting the report can
be provided to the extent desired on a time and material basis in accordance with our schedule of
rates and charges in effect at the time the work is performed. We have enclosed a copy of our
current rates and charges dated October 27, 2007.
FEE PROPOSAL AND TIME OF COMPLETION:
We propose to accomplish the described engineering services for a lump sum of$5,200.00,
and we would expect to submit invoices on a monthly basis to cover that portion of the work
completed during the month. Furthermore, we propose to begin work immediately upon your
direction and expect to complete the study and report within sixty (60) days.
We appreciate the opportunity of making this proposal and trust that you find it satisfactory.
Your signature in the space provided on a copy of this letter returned to use will be our authority to
proceed. Should you have any question concerning the scope of the services offered, or the fees,
please do not hesitate to contact us.
Sincerely,
CRANSTON ENGINEERING GROUP, P.c.
~#~-'
D. Scott Williams, P .E.
DSW /vlk
ACCEPTED BY:
AUGUSTA RECREATION AND PARKS DEPARTMENT
BY:
TITLE:
DATE:
G:\Proposal - Ron Houck 4-09-OS.wpd
~
Cranston Engineering Group, P.C.
ENGINEERS-PLANNERS-SURVEYORS
THOMAS H. ROBERTSON, PE,AlCP, RLS
JAMES B. CRANFORD, JR., PE
DENNIS J. WELCH, PE
452 ELLIS STREET, AUGUSTA, GEORGIA 30901
POST OFFICE BOX 2546, AUGUSTA, GEORGIA 30903
TELEPHONE 706-722-1588
FACSIMILE 706-722-8379
mail@cranstonengineering.com
October 27, 2007
SCHEDULE OF RATES & CHARGES
TIME & MATERIAL BASIS
Personnel Char~es:
Senior Principal EngineerlPlanner
Senior Principal Engineer
Principal Engineer
Sr. Professional EngineerlProject Manager
Professional Engineer
Project Engineer II
Project Engineer I
Engineering Technician II
Engineering Technician I
Landscape Designer I
Planner
Senior Land Surveyor
Land Surveyor III
Project Surveyor II
Project Surveyor I
Field Project Supervisor
Survey Party - 2-Person
Survey Party - 3-Person
Survey Party - 4-Person
Survey Party - GPS
CADD Technician III
CADD Technician II
CADD Technician I
Asst. CADD Technician
Inspector II
Inspector I
. Secretary
Reimbursable Char~es:
Travel Expenses:
Mileage
Lodging, etc,
Reproduction:
Paper Prints
Mylar Prints
. Other Reimbursable Items:
J. CRAIG CRANSTON, FE, RLS
(RETIRED)
$ 205.001Hr.
$ 185.001Hr.
$ 170.001Hr.
$ 125.00/Hr.
$ 115.00/Hr.
$ 80.00/Hr.
$ 70.00/Hr.
$ 70.001Hr.'
$ 65.00/Hr.
$ 70.001Hr.
$ 70.00/Hr.
$ 135.001Hr.
$ 115.00/Hr.
$ 80.00/Hr.
$ 70.00/Hr.
$ 60.00/Hr.
$ 100 .OO/Hr.
$ 125.001Hr.
$ 155.001Hr.
$ 180.001Hr.
$ 100.00/Hr.
$ 55.00/Hr.
$ 45.001Hr.
$ 35.001Hr.
$ 70.001Hr.
$ 65.001Hr.
$ 55.001Hr.
$0.56/mile
Cost plus 15%
$0.50/Sq.Ft.
$2.50/Sq.Ft.
Cost plus 15%