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HomeMy WebLinkAboutCRANSTON ENGINEERING GROUP FORT FORDON RAW ATER DISTRIBUTION SYSTEM INSTALLATION OF IRRIGATION SYSTEM ICU 0071 . STATE OF GEORGIA RICHMOND COUNTY . MAJOR PROTECTS CONSULTANT SERVICES AGREEMENI BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULTANT: CRANSTON ENGINEERING GROUP, P.e. PROJECT: Fort Gordon - Raw Water Distribution System DATE EXECUTED: DATE COMPLETED: November 12, 2008 1 OF 23 REVISION DATE: June 2006 . . 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 AUGUSTA, 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 raw water distribution system to serve Fort Gordon which includes the installation of 10",12" and 16" lines between the existing water treatment plant and the 2.5 million gallon stand pipe along with an evaluation of the existing water treatment plant (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 23 REVISION DATE: June 2006 . . GENERAL PROVISIONS CONSULTANT has agreed, in this Agreement with CITY to procure the services of licensed design professionals, to provide the engineering services required to provide professional engineering and design services for the Project in accordance with the requirements as outlined in and attached as Attachment A - Scope of Services and other relevant data defining the Project. 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. 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 CONSULT ANT, 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 3 OF 23 REVISION DATE: June 2006 . . The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. 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 CONSULT ANT on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to termination of contract even if. the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors, executors, administrators and assigns to ~e 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 23 REVISION DATE: June 2006 . . 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 - means CH2M HILL as the representative of the CITY who shall act as Liaison . between the CITY and the CONSULTANT for all matters pertaining to this Agreement, including review of CONSULTANT's plans and work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULT ANT 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 23 REVISION DATE: June 2006 . . CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the" Agreement"). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if . called for by all. In the event there are any conflicting provisions or requirements in the component . parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement - Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders 6 OF 23 REVISION DATE: June 2006 . . GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT'S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. The Program Manager may approve minor changes to the scope of services that do not involve an increase compensation schedule. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agre"ement; 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 23 REVISION DATE: June 2006 . . 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 arefor the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULT ANT 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.e.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 CONSULT ANT, 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 23 REVISION DATE: June 2006 . . 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the cm 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 CONSULT ANT 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 ... 9 OF 23 REVISION DATE: June 2006 . . The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify both the CITY, and Program 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 in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker1s 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 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. e. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance - in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance 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 10 OF 23 REVISION DATE: June 2006 . . 15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY's Personnel: The CONSULT ANT 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 work covered by this Agreement that has not been recommended for approval by the Program Manager. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULT ANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/ or immediate discharge. 11 OF 23 REVISION DATE: June 2006 . . CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts ~overing work under this Agreement. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/ or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/ or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date affinal 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, eith~r before, during, or after the execution of this Agreement, shall affect or modify any of the terms a! 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. 12 OF 23 REVISION DATE: June 2006 . . 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. 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 30911 CONSULT ANT: CRANSTON ENGINEERING GROUP, P.c. 452 Ellis Street . Augusta, Georgia 30901 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 13 OF 23 REVISION DATE: June 2006 . . IN WITNESS WHEREOF, said parties have hereunto set their seals the day, and year written below: CITY: AUGUST A, GEORGIA (CITY) BY: (j2~ f------ PRINTED NAME: y~~ C-I?PG'~ ~ AS ITS: MAYOR ~.\J \\~ ATTEST CLERK: rlJr;(~1f) PRINTED NAMEU/tfJ. g f ;f;f/~J!/ ::' jJ;j;l)T)//21 Copy To: DIRECTOR AUGUST A UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 14 OF 23 CONSULT ANT: CRANSTON ENGINEERING GROUP, P.c. BY, ~r~ PRINTED NAME: Thomas H. Robertson AS ITS: President ATTEST: ~~ PRINTED NAME: Patricia M. Lee AS ITS: Comptroller DATE: November12,2008 ,- Ii'" .;.. REVISION DATE: June 2006 . . CONSULTANT'S RESPONSIBILITIES CONSULTANT , in order to determine the requirements of the Project, shall review the information in Attachment A - Scope of Services. CONSULTANT shall review its understanding of the Project requirements with 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 CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasomible times review andinspect 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. CONSULT ANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 - Insurance. 15 OF 23 REVISION DATE: June 2006 . . CITY'S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY1s 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 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 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 23 REVISION DATE: June 2006 . . ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: See attached proposal letters dated September 25, 2008 and October 10, 2008, which are incorporated herein in their entirety bv reference. DESIGN OBJECTIVES: See attached proposal letters dated September 25, 2008 and October 10, 2008 and revised schedule dated October 16, 2008. 17 OF 23 REVISION DATE: June 2006 . . 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. 'v~ When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those prin . als and employees engaged directly on the work or the lump sum fee as mutually agreed Z Compensation for design services shall be invoices based on a Ion of the reviousl a eed lump sum or the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overall and profit cost in an amount not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task if apPliC~ 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 23 REVISION DATE: June 2006 . . ATTACHMENT C - LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: Principal Engineer/Project D. Scott Williams, P.E. Manager Assistant Project Ryan Page Manager / Proiect Engineer Project Engineer Tori Wheeler Land Surveyor John T. Attaway, R.L.S. 19 OF 23 REVISION DATE: June 2006 . . ATTACHMENT D - SCHEDULE FOR PERFORMANCE See attached proposal letters dated September 25, 2008 and October 10, 2008 and revised schedule dated October 16, 2008. 20 OF 23 REVISION DATE: June 2006 . . CONSULTANT SERVICES As apart of this Agreement the CONSULTANT agrees to furnish the following checked items (CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item). . Prior to Authorization To Proceed: o 1JIIt- Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with Cost Proposal clearly defining the CONSULTANT'S understanding of the project limits, design objectives and CONSULTANT'S services to be provided. o 77ILcost Proposal that will include cost of surveying, design, preparation of construction plans and specifications, and other services requested in the CITY's Request for Proposal. o 71/IL Schedule for submittal of review documents at 30%,60%, and 90% completion; and final documents. Prior to submitting 30% review documents: o ~ Locate all existing utilities using available information collected by the CONSULTANT. The CITY will furnish available information on water and sewer locations however the CONSULTANT must verify to CITY'S satisfaction. o 7JhC Provide CITY with information on the project site(s), including the following: . Past and present use of the land (spccifically idcntify any lan~ actiTl1tics in thc urcu); identify any nearby designated wetlands . ~ . Soil type(s) . Boring results when required by CONSULTANT for new facilities or where depth of line and existing site conditions warrant. . Brief description of the area (e.g., residential, commercial, industrial) including general slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number of properties affected and number of easements required with property owners identified . Identification of potential problems in meeting design objectives. o ~ Site Plan (If Required) Throughout project: o ~ Prepare printed responses to comments received from the CITY following reviews. o ~rovide the necessary plats for easement acquisition and DOT/other permit application. o ~Prepare Public Works/DOT/Other permit applications for signature by the CITY. o 7l#LPrepare and submit plans to EPD for review and approval when required. o 7;ZI.e.Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY. 21 OF 23 REVISION DATE: June 2006 . . o _ Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the submittal of Final documents. Provide cost breakdown for any items to be lump sum in the construction contract. Upon completion of design: o ~oordinate with the City Procurement Department to advertise the project. o lJM!- Fax bid information to CITY. o 7JIL Attend the Pre-Bid Meeting as a technical reference to the CITY. o 7J/I!.. Prepare letter of recommendation for award of the contract. o 7JII!- Develop conformed contract documents and forward to the CITY for execution. o 7JIIt.. Attend the pre-construction meeting as a technical reference to the CITY. o ~ Provide clarification related to the plans/ specifications throughout design and construction. o ,77I4rovide record drawings at completion of the project electronically, per the Utilities Design Standards and Specifications (latest version). o ~rovide Services During Construction as follows: . Attend project meetings as scheduled by the CITY . Recommend design changes as field conflicts arise (site visits may be required) . Review and approval of pay requests from the construction Contractor (line of communication will be construction contractor to resident observer to CONSULT ANT to CITY) . Provide clarification of plans and specifications throughout construction . Revise/update plans and/ or easement plats as changes occur that require resubmittal to DOT/other agencies. BY: TMENT CONS~ ~ BY: &, ~ { PRINTED NAME: Thomas H. Robertson TITLE: DIRECTOR II/;J/~~ TITLE: President DATE: DATE: November12,2008 PROGRAM MANAGER BY: PRINTED NAME: TITLE: DATE: 22 OF 23 REVISION DATE: June 2006 . . ADDITIONAL SERVICES: 1. Revisions to the plans/ contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (Le., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. 4. Other not described above, as approved by the CITY. NOTE: It is the responsibility of the CONSULT ANT as contracted by the CITY to provide professional surveying and engineering services. It is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a manner which promotes their own financial gain. . It is expected that such professionals will act as a faithful agent for the OTY as a client It is the duty of the CONSULTANT to protect the safety, health and welfare of the public in the performance of. their professional duties. 23 OF 23 REVISION DATE: June 2006 I r8 (. ^ Cranston EngineeringGroup, P.C. ~ ENGINEERS-PLANNERS-SURVEYORS 452 ELLIS STREET, AUGUSTA, GEORGIA 30901 POST OFFICE BOX 2546, AUGUSTA, GEORGIA 30903 TELEPHONE 706-722-1588 FACSlMlLE 706-722-8379 inai1@cranstonengineering.com J. CRAIG CRANSTON., PE, RLS (RETIRED) THOMAS H. ROBERTSON, PE, AICP, RLS JAMES B. CRANFORD, JR., PE DENNIS J. WELCH, PE September 25,2008 Augusta Utilities Depariment 360 Bay Street, Suite 180 Augusta, Georgia 30901 Attention: Mr. Jerry Delaughter, P .E. Re:Fort Gordon - Raw Water Distribution System ADD Project No. FG-0001RW . Our File No. 2008-0244 Dear J eny: In accordance with your request, we are pleased to offer the following proposal for . accomplishing the necessary surveying and engineering services associated with the design of a new Raw Water Distribution System to serve Fort Gordon. This proposal states our understanding ofthe project scope as well as the fees and the anticipated schedule for accomplishing the work. GENERAL: The new Raw Water Distribution System will consist of 12" and 16"hnes installed between the existing water treatment plant at Fort Gordon and the 2.5 million gallon stand pipe located at the comer of 11th Avenue and 13th Street. There will also be a 10" line installed between Chamberlain Avenue and Eisenhower Medical Center. In all there will be approximately 3,000 lfof 10", 16,600 If of 12", and 11,000 If of 16". The purpose of this new system is to provide raw water forirrigation purposes to major installations along the route to the stand pipe as well as Eisenhower Medical Center. The route for the main line will originate at the existing plant at and generally extend along Boardman Lake Road, Chamberlain Avenue, through the parade field, along 19th Street, and along 13th Avenue to the stand pipe. With the exception of the Medical Center no major extensions will be made to individual services along the main route. SCOPE OF WORK: We propose to furnish a topographic map of the land compiled by existing base maps provided by Augusta Utilities Department and field surveys by us to check map and locate existing utilities such as storm, power, gas, water, telephone and CATV based on field marks provided by J" (e . ( .. . Mr. Jerry Delaughter, P .E. September 25,2008 Page 2 F art Gordon and maps fumished by the utility owners. We also propose to furnish the ground survey control. In accordance with the base maps provided, the contour interval will be two feet, based upon the North American Vertical Datum of 1988, commonly called Mean Sea Level. The horizontal datum will be the Georgia State Plane Coordinate System, East Zone (North American Datum of 1983). The map will show the property boundaries compiled from the topographic and .planimetric survey data referred to above. We will prepare engineering plans, specifications, and contract documents for the raw water mains and the necessary appurtenances. Initially, we will prepare a preliminary route layout of the water mains for your and Fort Gordon's review and approval. Upon your approval of the general route, we will perform the detailed field surveys and prepare preliminary design plans showing horizontal and vertical alignments, structures, and miscellaneous details for your review and comments. Based on your comments, we will prepare and submit final design plans and specifications for your review. After preliminary review meetings and a site visit with Horace Luke of Augusta Utilities Department, it is our anticipation that no federal environmental documentation or permitting relating to utilities, encroachments, wetlands, stream buffers, endangered species, Federal Emergency Management Agency (FEMA) or similar state/federal regulatory reviews will be required and therefore, we have not included any additional such work in this proposal. Should it be determined, at a later date, that additional 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. We can also furnish the drawings in AutoCAD computer disc format, if desired, at no additional fee. In the event of difference between the disc-reproduced drawing and the original tracing, the hard copy tracing will . govern. We will complete and submit the appropriate documentation forrevising the current Georgia EPD Municipal Surface Water Withdrawal Permit at Fort Gordon to agricultural/irrigation use. We would expect Augusta Utilities Department to assist us with obtaining historical and projected withdrawal rates. We will also assist with the generation of a new fee rate schedule for the irrigation system. We will meet/coordinate with Augusta Utilities Department personnel and Fort Gordon officials to obtain data on operational costs, usage rates, usage schedules, and standard rates. This information will then be used to generate a competitive rate for the new system. We propose to furnish the following bidding and construction phase services for the raw water mains: preparing a schedule for bidding, preparing bidding documents, assisting you with securing bids from qualified contractors, advising you concerning the award of a contract, preparing contract documents subject to your approval, issuing a notice to proceed, making observations of the construction work as it progresses to observe the general quality, furnishing written reports of the . . .' . . Mr. Jerry Delaughter, P.E. September 25,2008 Page 3 I observations made during each visit, coordinating with the project engineer and inspector provided by the City, administering appropriate progress meetings, issuing instructions to the contractor, reviewing shop drawings, reviewing the contractor's monthly applications for partial payment, determining the amounts owing to the contractor, interpreting the contract documents and technical specifications, consulting as necessary with the City-County authorities and their representatives concerning their requirements, making a final inspection to determine whether or not the workhas been completed substantially in accordance with the plans and specifications, preparing digital construction as-builts from information provided by the contractor, and reviewing the contractor's application for final payment. FEE PROPOSAL: Our fee for the surveying portion of the project will be a lump silm of $73,270.00. Our fee for the engineering design and preparation of construction documents for the raw water distribution system will be a lump sum of $198,000.00. Based on a conceptual construction cost estimate of $3,000,000.00, this fee represents 6.60 percent. As requested, we have also included additional fees totaling $12,700.00 for the Water Withdrawal Permit and Rate Analysis. The fees by project phase are as follows: Survevin!! Control Surveys Enhance Existing Base Map (Utilities, Storm Sewers, and Other Features) Stake and Profile Water Main Route Surveying Subtotal $ 5,500.00 $ 29,200.00 $ 38.570.00 $ 73,270.00 Eneineering Design Preliminary Route Layout Preliminary Design Final Design Bidding Phase Construction Phase (10%) (27.5%) (37.5%) (5%) (20%) $ $ $ $ $ $ Engineering Design Subtotal 19,800.00 54,450.00 74,250.00 9,900.00 39,600.00 198,000.00 .' . (e Mr. Jerry Delaughter, P.E. September 25,2008 Page 4 Additional En~ineerin2: Services Water Withdrawal Permit Rate Analysis Additional Engineering Services Subtotal Surveying & Engineering Design Total $ 5,200.00 $ 7,500.00 $ 12,700.00 $ 283,970.00 We expect to submit periodic invoices covering the design work as it pro gresses and to receive payment within thirty days thereafter. . TIME OF COMPLETION: Weare prepared to begin work at your direction and expect to complete the proposed services in accordance with the enclosed schedule dated September 25, 2008. Allowing for the modest intermediate review times and the estimated permitting durations shown in the schedule, we would expect to present you with the completed plans ready to advertise for bids within approximately 11 months of the Notice to Proceed. We appreciate the opportunity of making this proposal and trust that you find it satisfactory. Upon your request, we will prepare and forward to you a standard form engineering contract for this project. Should you have any questi?n concerning the scope of the services offered, or the fee, please do not hesitate to give us a calL Sincerely, CRANSTON ENGllWERJNG GROUP, P .C. -~~~~ D. Scott Williams, P.E. DSW /vlk enclosure cc: Clifford A Goins, Augusta Utilities Department G:\AA-CORRESPONDENCE1200812008-0244 - FORT GORDON - RAW WATER DISTRIBUTION MA!N\AA_Proposal-Contract120080244_DSWProposa19.24-08.wpd E (J) en >- C/j c ~ '<t .Q c: '<t 'S .... C\J :@ 0 0 CO 0 cO 0 en 0 0 0 15 " 0 C\J u.. C\J iO Q5 0 0 C\J Cij Z Z Q5 :J: J:J ti 0 E CI) ;: .~ .0 .sl ell o .... c.. 0: ... 0. (J) C- C!J'Cf) c o W 0 ::> 0 "C <l: .... 0 C!J 'l:: 0 U- C? C? C\J C\J C\J C\J C\J C\J . .... .... C\J C\J 0 0 C\J C\J 0> 0> .... .... N CO CO .... .... r-- r-- .... .... CO CO .... .... 10 10 .... .... ~ '<t '<t .... .... C? C? .... I!IlI! .... C\J -- C\J .... .... '[ ... .... .... .... .... 0 .~ """II 0 .... III .... 0> ~ 0> co co ~. r-- 1m r-- l&\ ..... ,. co ,; t .. co ~ .10 ~ 10 III '<t I '<t ~ :e C? j;' C? 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C/) 0 ::> 0: 0 <w :s z z z 0 0:0 ~ <l: II: ~ 0 0: :E~ w w w < 0: 0 W 0 W 0 -1W c: c: f- :::i U- ~ w:::i C- o: C/j 0: W W 0 0: 0 c: ~ <0 W ~ Cf) -- z :> ~ z z w Cl C/j- ~ Cl Cl ~. ~ Cl ~ Cl 0 ow > c: ::> 0 <~ 0 ::> w 0. 0 ::> 0 ::> 0 ow Cl 0 0 0 :J: 0 0 0 .0. < 0 1I12.. C? < 0: W 0: co <l: 0> <( .... ..;JZ <( 0 0 (. (e . i ^ Cranston Engineering Group, EC. ~ ENGINEERS-PLANNERS-SURVEYORS THOMAS H. ROBERTSON. PE, AICP, IlLS JAMES B. CRANFORD, JR.. PE DENNIS J. WELCH, PE 452 ElJ.JS STREET. AUGUSTA, GEORGIA 30901 POST OFFICE BOX 2546, AUGUSTA, GEORGIA 30903 TELEPHONE 706-722-1588 FACSIMILE 706-722-8379 mail@eranstonengineering.com October 10,2008 J. CRAIG CRANSTON, PE. IlLS (RETIRED) Mr. Jerry Delaughter, P.E. Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 3090 I Re: Fort Gordon - Raw Water Distribution System Evaluation of Existing Water Treatment Plant AUD Project No. FG-OOOIRW Our File No. 2008-0244 Dear Jerry: In accordance with your request, we are pleased to offer the following proposal for accomplishing the necessary engineering services associated with the evaluation of the existing water treatment plant located at Fort Gordon as part of a new Raw Water Distribution System to serve the Fort. This proposal states our understanding of the project scope as well as the fees and the anticipated schedule for accomplishing the work. The existing water treatment plant will be used in a limited manner to provide pretreatment for the raw water system. The existing reservoir will be the source for the water and the existing raw water pumps will continue to be used to deliver the raw water to the plant. It is anticipated that the existing high service pumps will be utilized to distribute the water into the system. Per previous conversations with Augusta Utilities Department personnel, it is also anticipated that alum, caustic soda, and sodium hypochlorite are the chemicals that may be used during the operation of the plant. GENERAL: The new Raw Water Distribution System will consist of 12" and 16" lines installed between the existing water treatment plant at Fort Gordon and the 2.5 million gallon stand pipe located at the comer of II th Avenue and 13th Street. There will also be a 10" line installed between Chamberlain Avenue and Eisenhower Army Medical Center. The purpose of this new system is to provide raw water for irrigation purposes to major installations along the route to the stand pipe as well as Eisenhower Army Medical Center. The route for the main line will originate at the existing plant and generally extend along Boardman Lake Road, Chamberlain Avenue, through the parade field, along 19th Street, and along 13th Avenue to the stand pipe. With the exception of the Medical Center no major extensions will be made to individual services along the main route. Subtotal $ $ $ $ $ $ 12,750.00 3,500.00 4,500.00 5,500.00 7,500.00 33,750.00 . . Mr. Jerry Delaughter, P.E. October 10, 2008 Page 2 SCOPE OF WORK We will conduct appropriate site inspections and up to two coordination meetings with Augusta Utilities Department personnel to determine the existing conditions of the plant as well as its recommended operation as part of the Raw Water Distribution System. Upon completion of our coordination meetings and inspections we will provide a written report of our findings and recommendations. Once completed we will meet with Augusta Utilities Department personnel to review the report and address any questions. Our assessment of the plant will include the following: the general condition of major elements, a structural analysis of the control building roof, an analysis of the HV AC system, a lead/asbestos abatement analysis, a general analysis of existing and proposed control systems (including SCAD A), an analysis of the proposed operation of the existing pumps within the new system, an analysis of existing and proposed valve actuators, coordination of potential reuse possibilities for existing equipment (Augusta Utilities Department at other locations), and evaluation of possible reuse or disposal options for the existing chemical storage tanks. We will also provide recommendations for the operation of the plant within the new system including the follow: general control parameters, pump operation, repairs/upgrades, additions, chemical feed (for algae control, corrosion control, pH control etc.), demolition, and lead/asbestos abatement. FEE PROPOSAL Our fee for the engineering analysis for the existing water treatment plant to be used for the raw water distribution system will be a lump sum of$33,750.00. The fees by project phase are as follows: . General Evaluation and Analysis of Existing Plant Structural Evaluation of Control Building Roof Lead/Asbestos Abatement Analysis General Planning and Coordination for Future Usage Final Report Once the plant assessment and report phase is completed and a final design scope is mown, the required fees for final design, bidding, and construction phases can be generated and submitted for your review and approval. We expect to submit periodic invoices covering the design work as it progresses and to receive payment within thirty days thereafter. . . Mr. Jerry Delaughter, P.E. October 10, 2008 Page 3 TIME OF COMPLETION Weare prepared to begin work at your direction and expect to complete the proposed services within 45 days upon receipt of notice to proceed. 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