HomeMy WebLinkAboutCRANSTON ENGINEERING GROUP DIAMOND LAKES-MASTER PLAN UPDATE, BASKETBALL AREA, AND DREDGING EVALUATION IUcust4
GEORGIA
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT: Cranston Engineering Group, P.C.
PROJECT: Diamond Lakes - Master Plan Update, Basketball Area,
and Dredging Evaluation
DATE EXCECUTED:
DATE COMPLETED: March 2, 2011
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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 , 2011 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 update of the masterplan, design of a new basketball area and evaluation of dreding 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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GENERAL PROVISIONS
CONSULTANT 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 Site Design Projects and other relevant data defining the
Project.
CONSULTANT COORDINATION
The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility
companies, and other consultants as directed by the CITY. CITY, CONSULTANT and all relevant parties
agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably
necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All
parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of
skill and diligence normally employed by professional engineers or consultants practicing under similar
conditions. CONSULTANT will re- perform any services not meeting this standard without additional
compensation.
AMENDMENTS TO AGREEMENT
Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement.
Amendments must be fully executed by both the CONSULTANT and CITY to be valid.
REDUCTION IN REQUIRED SERVICES
If reductions in the required services are ordered by CITY, the credits shall be the amounts for such
services as described in subsequently executed Amendments to this Agreement, and no claim for damages
for anticipated profits shall accrue to the CONSULTANT.
DATE CHANGES
If in this Agreement specific periods of time for rendering services are set forth or specific dates by which
services are to be completed are provided and if such periods of time or dates are changed through no fault
of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable
adjustment.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the
hands and seals of both parties hereto.
TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule.
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This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise
obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the
CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to
termination of contract even if the CITY has obligated the funds to other projects.
PROJECT PROGRESS
CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion.
LITIGATION
Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support,
prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY
except in consideration of compensation. All such services required or requested of CONSULTANT by the
CITY except suits or claims between the parties to this Agreement will be reimbursed as additional
services.
BINDINGS
It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its or their
successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither
CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without
prior written consent of the other party hereto.
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all
prior negotiations, representations and agreements, either written or oral.
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DEFINITIONS
Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have
the following meanings:
Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement
with CITY to perform the Work.
Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to
the CONSULTANT under this Agreement.
CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia.
CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant
to this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by reference.
Contract Time - means the period of time stated in this Agreement for the completion of the Work.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having
a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part
of the Work called for by this Agreement.
Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by
CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement
Price or the Contract Time, issued after execution of this Agreement.
Task Order - means a written order specifying a Scope of Services, time of completion and compensation
limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as
part of the Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the successful
completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement.
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CONTRACT DOCUMENTS
List of Documents A(JCUST,y
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.
2.
Agreement - Including Attachments
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 CONSULTANT and the CITY,
and herein described in this Agreement as Attachment A shall be commenced upon receipt by the
CONSULTANT of a written Task Order authorization. The effective date of services shall be defined in
each Task Order authorization.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONSULTANT under this Agreement will
be the level of care and that is ordinarily used by members of CONSULTANT'S profession practicing
under similar conditions.
3. CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performed hereunder. All such changes,
including any increase or decrease in the amount of the CONSULTANT's compensation, which are
mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written
Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require the approval
of the CITY.
4. PERSONNEL
The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any contractual
relationship with, the CITY. All of the services required hereunder will be performed by the
CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall
be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C
- Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be
permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his
designee.
The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible
charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract
plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate
category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being
in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement.
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5. ACCURACY OF WORK
The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and
omissions in its plans and specifications without additional compensation. The CONSULTANT shall give
immediate attention to these changes so there will be a minimum of delay to others.
Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
6. CONFIDENTIALITY
The CONSULTANT agrees that its conclusions and any reports are for the confidential use and
information of the CITY and that it will not disclose its conclusions in whole or in part to any persons
whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same
with it or its authorized representatives. Upon completion of this Agreement term, all documents,
drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become
the property of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and
findings of the work conducted under this Agreement shall not be presented publicly or published without
prior approval in writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the
CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for
termination of this Agreement without indemnity to the CONSULTANT, but should any such information
be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as
public information and no longer subject to the restrictions of this Agreement.
7. OPEN RECORDS
CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided
under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A. § 50- 18 -70, et
seq.). CONSULTANT shall coorporate fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law.
8. JURISDICTION
The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with
regard to its interpretation and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or
relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction
and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
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9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations
under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or
stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of
obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to
maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule
without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have
the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination,
and specifying the effective date thereof, at least five (5) days before the effective date of such termination.
In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared
by the CONSULTANT under this Agreement shall become the property of the CITY, and the
CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents, as mutually agreed by the CITY and CONSULTANT.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated services under this Contract up to the time of termination.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS
CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services.
If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall
fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and
carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT
shall not commit or permit any act which will interfere with the performance of work by any other
CONSULTANT or by CITY employees.
12. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not
received any non -CITY fee related to this Agreement without the prior written consent of the CITY. For
breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability
or at its discretion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
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
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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 betk 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 during the term of this Agreement.
The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation
insurance in accordance with the laws of the State of Georgia.
The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not
less than:
A. Workmen's Compensation Insurance - in accordance with the laws of the State of Georgia.
B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for injuries,
including those resulting in death to any one person, and in an amount of not less than One Million
($1,000,000) Dollars on account of any one occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars from
damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings,
field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance - in an of not less than One Million ($1,000,000) Dollars or an amount
that correlates to the aggregate fee on the project should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in
insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty -(30) days' written notice to the CITY. Such policies shall name the CITY as
co- insured, except for worker's compensation and professional liability policies, and a copy of such policy
or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.
15. PROHIBITED INTERESTS
15.1 Conflict of Interest: The 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.
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15.3 Employment of CITY's Personnel: The CONSULTANT shall not employ any person or persons in
the employ of the CITY for any work required by the terms of the Agreement, without the written
permission of the CITY except as may otherwise be provided for herein.
16. SUBCONTRACTING
The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit
subcontracted work to be further subcontracted without the CITY's prior written approval of the
subcontractor.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in
this Agreement.
17. ASSIGNABILITY
The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights,
obligations, benefits, liabilities or other interest under this Agreement without the written consent of the
CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT
will not discriminate against any employee or applicant for employment because of race, creed, color, sex
or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed
by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or
national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by the Agreement so that such provision will be binding upon each subcontractor,
provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial
supplies of raw materials.
19. DRUG FREE WORK PLACE
CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner
with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance
in the workplace. For purposes of the policy, "workplace" is defined as CITY 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.
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20. ANTI - KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall be
paid unconditionally and not less often than once a month without deduction or rebate on any account
except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to
comply with all applicable "Anti- kickback" laws, and shall insert appropriate provisions in all subcontracts
covering work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the
CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for examination
all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY
and / or representatives of the audit, examine and make copies, excerpts or transcripts from such records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs incurred on the Project and used in support of its proposal and shall make such material
available at all reasonable times during the period of the Agreement, and for three years from the date of
final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies
thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of
this Article shall be included in any Agreements it may make with any subcontractor, assignee, or
transferee.
22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE
All documents and materials prepared as an instrument of service pursuant to this Agreement are the
property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and
otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this
Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT
against all claims arising out of such use of documents and materials without the CONSULTANT's
knowledge and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before,
during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations
herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any
additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall
be in writing and appended hereto as prescribed in Article 3 above.
24. INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services under this Agreement as an independent contractor and
nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in
this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or
employees to be the agent, employee, or representative of the CITY.
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25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.
Notices shall be addressed as follows:
CITY: CONSULTANT:
ADMINISTRATOR CRANSTON ENGINEERING GROUP, P.C.
AUGUSTA, GEORGIA 452 Ellis Street
530 Greene Street Augusta, GA 30901
Augusta, GA 30901
Copy to:
DIRECTOR
AUGUSTA RECREATION AND PARKS DEPARTMENT
2027 Lumpkin Road
Augusta, GA 30906
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
AUGUSTA, GEORGIA (CITY) CONSULTANT
BY: BY: L d t , ' r •
9111 1 RINTED NAME: David S. Copenhaver PRINTED NAME: D. Scott Williams, PE
TITLE: MAYOR TITLE: Vice President
ATTEST CLERV k - << ,
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DATE: " DATE: 3/Z it i
Copy To:
DIRECTOR
AUGUSTA RECREATION AND PARKS DEPARTMENT
2027 Lumpkin Road
Augusta, GA 30906
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CONSULTANT'S RESPONSIBILITIES
CONSULTANT , in order to determine the requirements of the Project, shall review the
information in Attachment A - Responsibilities of the Design Engineer on Site Design Projects.
CONSULTANT shall review its understanding of the Project requirements 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 reasonable times review and inspect the
project activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY
in association with this Agreement shall be subject to review.
The CITY may at any time request progress reports, prints or copies of any work performed
under this Agreement. Refusal by the CONSULTANT to submit progress reports and /or plans
shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies
with the CITY's request in the regard.
The CITY's review recommendations shall be incorporated into the plans by the
CONSULTANT.
CONSULTANT'S INSURANCE
CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14 - Insurance.
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CITY'S RESPONSIBILITES
CITY - FURNISHED DATA
CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's
services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONSULTANT will notify all property owners or occupants of the intent to enter
properties for the purpose of accomplishing work in accordance with the practices of the CITY.
The CONSULTANT shall discuss with and receive approval from the CITY prior to sending
notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will
provide the necessary documents identifying the CONSULTANT as being in the employ CITY
for the purpose described in the Agreement.
ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights -of -way, and access necessary for CONSULTANT's services or PROJECT
construction.
TIMELY REVIEW
CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONSULTANT's Services, or of
any defect in the work of CONSULTANT or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre - existing physical facilities associated in any
way with the PROJECT.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of CONSULTANT for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by CITY. All such Services required or requested of CONSULTANT by CITY, except
for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional
services.
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ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION:
See attached Proposal from Cranston Engineering Group, P.C. dated December 28, 2010.
DESIGN OBJECTIVES:
See attached Proposal from Cranston Engineering Group, P.C. dated December 28, 2010.
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ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of this Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the
CITY and accompanied by all support documentation requested by the CITY, for payment for
the services, which were completed during the billing period. The CITY shall review for
approval said invoices. The CITY shall have the right to reject payment of any invoice or part
thereof if not properly supported, or if the costs requested or a part thereof, as determined
solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase.
The CITY shall pay each such invoice or portion thereof as approved, provided that the
approval or payment of any such invoice shall not considered to be evidence of performance by
the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the
CITY of the service covered by such invoice. The CITY shall pay any undisputed items
contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may
inhibit execution of the work. The CONSULTANT shall also submit an accurate updated
schedule, and an itemized description of the percentage of total work completed for each phase
during the billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task
Order, it agrees to pay the CONSULTANT the lump sum fee as mutually agreed for work
completed.
Compensation for design services shall be the lump sum fee as stated in the proposal
referenced in Attachment A and dated December 28, 2010.
Overtime may be performed at the discretion of the CONSULTANT, but the premium time
portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested
acceleration of the scheduled work in writing.
•
18 OF 20 REVISION DATE: March 2, 2011
GEORGIA
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
David W. Simoneau, P.E. Project Manager
Eldrige A. Whitehurst, P.E. Senior Engineer
Mitchell B. Murchison, P.E. Project Engineer
Tori Wheeler Project Engineer
John T. Attaway, R.L.S. Land Surveyor
Mark A. Christensen Surveyor
19 OF 20 REVISION DATE: March 2, 2011
MJGUSt
s
GEORGIA
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
See attached Proposal from Cranston Engineering Group, P.C. dated December 28, 2010.
20 OF 20 REVISION DATE: March 2, 2011
w
A:. lk
Cranston Engineering Group, P.C.
AMISIMMAIR
aa1ir 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
THOMAS H. ROBERTSON, PE, AICP, RLS J. CRAIG CRANSTON, PE, RLS
JAMES B. CRANFORD, JR., PE - (RETIRED)
DENNIS J. WELCH, PE
December 28, 2010
Mr. Ron Houck
Augusta Recreation and Parks Department
2027 Lumpkin Road
Augusta, Georgia 30906
Re: Diamond Lakes — Basketball Area
Richmond County, Georgia
Our File No. 2010 -0283
Dear Ron:
In accordance with your request, we have prepared the following proposal for furnishing
the necessary surveying, planning and engineering design necessary to update the current
Diamond Lakes Master Plan Map, investigate the potential cost of dredging the upper pond, and
design an area for an outdoor basketball facility to be located at Diamond Lakes Regional Park
located off of Windsor Spring Road in Richmond County, Georgia.
PROJECT DESCRIPTION:
Updating of the Diamond Lakes Master Plan Map will consist of updates to features and
amenities that have been constructed since the latest update on December 22, 2001 as well as
extending the map to the west to include Jimmy Buffet Road and cemetery area. This update
will utilize design and asbuilt plans and possibly the City's new 2 -foot GIS topographic map.
The preliminary dredging design will consist of engineering and surveying investigations
including soundings of the upper pond; coordination with the Army Corps of Engineers to
provide an estimate for mitigation costs and permitting requirements; and an overall schematic
cost estimate for the feasibility of the dredging work. The proposed outdoor basketball facility
will consist of three outdoor basketball courts, parking for approximately 50 vehicles, a spectator
section (no bleachers at this time), and a possible restroom facility.
Mr. Ron Houck
Augusta Recreation and Parks Department
December 28, 2010
Page 2 of 6
SCOPE OF WORK
The work included in this proposal can be broken down by subproject as follows.
Master Plan Drawing Update:
The first phase will consist of updating the base map of the existing park and
surrounding lands to include the adjacent Jimmy Buffet Road and the cemetery to
the northwest, as well as the already constructed improvements within the park.
This will be accomplished by compiling existing wetlands delineation and
topographic features with design plans, as -built information and possibly the
City's new 2 -foot GIS topographic map. This base map will prove invaluable
during future planning and design efforts within the park.
The contour interval for the updated base map will be 2 feet, based upon the
horizontal and vertical datum used by the city's GIS system or the previous aerial
topographic map of the property. The map will show the property boundary
compiled from existing plans and possibly the city's GIS data. We will present
the completed topographic map in two formats to facilitate future uses: We will
furnish the map at a scale of 1" = 100' on a large single sheet (physical print and
PDF version) and we will also compile the mapping in digital computer disc
format, compatible with AutoCAD Civil 3D 2011 to facilitate scale changes in the
future. Additional copies and presentation boards can be provided on a time and
material basis.
IL Preliminary Dredging Design:
This proposal also includes an investigation phase for the potential dredging of
the upper pond located near the proposed camping area. This phase will include
engineering investigations and scoping; performing pond soundings to determine
the varying depths of the upper pond; coordinating with the Army Corps of
Engineers on permit and mitigation costs for the proposed impacts to
jurisdictional waters; and preparing a schematic cost estimate of the proposed
dredging in order to assist you to determine if the project is economically feasible
given your budget constraints. Should it be determined, after this phase, that the
project is not economically feasible, then we would not proceed any further on
this project. Should you determine from the investigation phase that the project is
feasible, then we would provide you with an additional proposal for proceeding
with the design and permitting required to accomplish the project.
III. Basketball Facility Design:
Since the proposed basketball area is within a portion of the park where the
original aerial topography will not be as accurate as needed, the design work will
begin with field enhancement surveys that will include topographic, utility, and
profile enhancement surveys to better map the proposed basketball area.
Mr. Ron Houck
Augusta Recreation and Parks Department
December 28, 2010
Page 3 of 6
Upon the completion of the survey enhancements, we will prepare preliminary
plans of the proposed site for your review, including a site layout, grading plan,
limited landscaping plan (in accordance with the city's tree ordinance), court
layout, water and sewer infrastructure (if needed), drainage improvements, an
outline of specifications, and a preliminary cost estimate. We plan to work with
Jefferson Energy Cooperative (JEC) to provide the design for both the parking lot
and court lighting for the project. However, should a detailed lighting design for
the courts be required, we are prepared to provide these services.
After your concurrence with the preliminary plans, we will prepare final plans,
specifications, and construction documents which will incorporate your comments
from the preliminary plan review. We will submit these plans and details for
local approval and respond to comments as needed. We will then prepare and
provide a final estimate of the probable cost of construction.
Only utility services to the potential restroom facility are included in this
proposal. Should a full design be desired, we can prepare architectural, electrical,
and plumbing drawings for a restroom facility that could be bid as an add
alternate. It is anticipated that the restroom facility would consist of a building
with two bath rooms of 2 lavatories and 2 fixtures each, 2 urinals (men), and 4
toilets (1 men, 3 women). The design of the building will be as "green" as
possible for low energy consumption and low maintenance. If the restroom
facility design is desired, we would negotiate additional fees at that time.
It is our understanding that no environmental documentation or permitting
relating to wetlands, stream buffers, endangered species, or similar state /federal
regulatory reviews will be required as part of this project and therefore, we have
not included any such work in this proposal. Should it be determined, at a later
date, that environmental documentation or permitting will be required; we would
anticipate negotiating a fee for that work at that time.
Drawings will be prepared in ink on mylar film at an appropriate scale. The site
plan sheets will be accomplished using computer assisted design and drafting
(CADD) equipment, and these sheets will be available in AutoCAD computer
disc format if desired, at no additional fee. In the event of a difference between
the disc reproduced drawings and the original tracing, the hard copy tracing will
govern.
During the bidding phase, we will prepare a bid schedule and contract documents
necessary for bidding, assist you in conducting a pre -bid conference, answer
bidders questions, assist in preparing any addenda required, attend the bid
opening, summarize and analyze the bids, and recommend an award.
Construction phase engineering services will consist of assisting in the execution
of the contract documents; conducting a pre- construction conference; making
periodic site visits to observe the progress and general quality of the work as it
Mr. Ron Houck
Augusta Recreation and Parks Department
December 28, 2010
Page 4 of 6
progresses; reviewing shop drawings and submittals; preparing any change orders
required; reviewing contractor' s monthly applications for partial payment; and
making a pre -final and a final site visit to determine whether or not the work has
been completed in substantial conformity with the plans and specifications. We
also have the ability to provide National Pollutant Discharge Elimination System
(NPDES) monitoring and reporting during construction, if you should so desire.
Site visits during construction will generally be at varying intervals appropriate to
the stage of the contractor's operations, but no less frequently than bi- monthly, or
when called upon to observe a particular area. While more intense on -site
observation services are beyond the scope of this proposal, we have the capability
of furnishing more frequent observation or resident project representation, if those
services should be desired. We have based our construction phase services on an
estimated three to four month construction period. Should construction extend
beyond four months, we would expect to negotiate additional fees.
Any observation services will be for the purpose of monitoring compliance with
the plans, specifications, and contract documents, and will not in any manner be a
guarantee of the schedules, materials, appliances, or methods of the contractor,
nor for the safety of the job.
FEE PROPOSAL:
We propose to accomplish the above referenced scope for the fees outlined below:
Master Plan Drawing Update $ 4,400.00
1. Update Base Map of Existing Park
2. Review with Augusta Recreation and Parks
3. Final Rendering of Map
Subtotal $ 4,400.00
II. Preliminary Dredging Design $11,720.00
1. Engineering Investigations & Scoping
2. Upper Pond Soundings
3. Schematic Cost Estimate
Subtotal $11,720.00
III. Basketball Facility Design
1. Surveying $3,025.00
a. Topographic enhancement survey
2. Preliminary Design and Plans $9,205.00
a. Prepare preliminary design drawings
b. Prepare outline specifications
c. Prepare cost estimate
d. Review with Augusta Recreation and Parks
Mr. Ron Houck
Augusta Recreation and Parks Department
December 28, 2010
Page 5 of 6
3. Final Design, Plans and Contract Documents $7,805.00
a. Prepare final plans incorporating previous comments
b. Prepare final specifications
c. Prepare bidding and contract documents
d. Update cost estimate
4. Bidding Phase $ 2,790.00
a. Assist in pre -bid conference
b. Answer bidders questions
c. Prepare addenda, if required
d. Attend bid opening, analyze bids & recommend award
5. Construction Phase (Estimated 4 Months) $ 7,120.00
a. Assist with execution of contract documents
b. Conduct a preconstruction conference
c. Construction observation services
d. General construction administration services (as previously detailed)
Subtotal $29,945.00
GRAND TOTAL $46,065.00
IV. Potential Additional Services (If Desired or Necessary):
1. Lighting Design for Courts $6,275.00
2. NPDES Monitoring (Estimated 4 Months @ $900 /month) $3,600.00
We would expect to submit invoices on a monthly basis to cover that portion of the work
completed during the month and to receive payment within thirty days thereafter.
TIME OF COMPLETION:
We propose to begin work immediately upon your direction and expect to complete the
Master Plan map updates and the preliminary dredging design within thirty (30) days and forty
five (45) days respectively. Concurrently, we will be working on the Basketball Facility design
and expect to complete the surveying and preliminary design phases within sixty (60) days.
After receiving your comments on the preliminary design, we will complete the final design
plans and prepare the contract documents within an additional thirty (30) days, for a total time of
ninety (90) days following your notice to proceed, exclusive of times required for reviews.
Mr. Ron Houck
Augusta Recreation and Parks Department
December 28, 2010
Page 6 of 6
We appreciate the opportunity of making this proposal and trust that you find it
satisfactory. Should you have any questions concerning the scope of the services offered, or the
fees, please do not hesitate to contact us at your earliest convenience.
Sincerely,
�--
CRANSTON ENGINEERING GROUP, P.C.
1 / A
D. Scott Williams, P.E.
itj
Mitchell B. Murchison
DSW /MBM
ACCEPTED:
AUGUSTA RECREATION AND PARKS DEPARTMENT
BY:
TITLE:
DATE:
G: \AA- CORRESPONDENCE12010 \2010 -0283 - DIAMOND LAKES MASTER PLAN UPDATE 2 \AA- Proposal- Contract120100283_Basketball Proposal 12-28 -
10.doc
Office Of The Administrator
Frederick L. Russell, Administrator Room 801 - Municipal Building
530 Greene Street- AUGUSTA, GA. 30901
Tameka Allen, Interim Deputy Administrator (706) 821.2400 - FAX (706) 821 -2819
Robert Leverett, Interim Deputy Administrator www.augustaga.gov
February 1, 2011
Mr. Tom Beck (1 i `� i "Y
Recreation & Parks Director I v ' �
2027 Lumpkin Road
Augusta, GA 30906
Dear Tom:
The Augusta- Richmond County Commission, at their regular meeting held on Tuesday, February 1, 2011 took
action on the following items.
1. Approved an Operational Agreement with South Augusta Community Development Corporation (SACDC)
for operation of Barton Village Community Center. (Approved by Public Services Committee January 24,
2011)
10. Approved Bid Item #10 -197, improvements to The Boathouse Community Facility to RCN Contracting, Inc.
in the amount of $251,039.00. (Approved by Public Services Committee January 24, 2011)
12. Approved the renewal of a lease with Augusta Housing Authority for Barton Village. Community Center.
(Approved by Public Services Committee January 24, 2011)
13. Appro planning and engineetirtg gn services at blames LIAM Regional Park to
Cran3 r' ' up fri`the a by tnir we RkletrY
24, 2011)
If you have any questions, please contact me.
Yours truly,
l
derlck Russell L.
Administrator
02 -01 -11: #1, #10, #12, #13
cc: Ms. Donna Williams •