HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT BETWEEN CRANSTON ENGINEERING GROUP P C LANDSCAPTE ARCHITECTURAL SERVICES FOR A POCKET PARK ON PINE STREET .
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
Cranston Engineering Group, P.C.
And AUGUSTA, GEORGIA And
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
For
Landscape Architectural Services for a Pocket Park on Pine Street
THIS AGREEMENT), is made and entered into as of the day of , 2011, ("the
effective date") by and between Augusta, Georgia - acting through the Housing and Community
Development Department (hereinafter referred to as "AHCDD") with principal offices located at
925 Laney-Walker Boulevard, 2 nd Floor, Augusta, Georgia 30901, as party of the first part,
hereinafter called "Augusta", and Cranston Engineering Group, P.C., hereinafter referred to as
the Consultant.
WITNESSETH
WHEREAS, the Client is undertaking certain activities related to the revitalization of certain
neighborhoods; and
WHEREAS, the Client desires to engage the Consultant for the purpose of providing the
Landscape Architectural Services for a Pocket Park on Pine Street in support of the revitalization
initiative in the Laney-Walker and Bethlehem neighborhoods.
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do
here and now agree to the following terms and conditions:
1. EMPLOYMENT OF CLIENT. Client agrees to engage the Consultant, and the
Consultant agrees to provide Client services which involve working with Client's staff,
contractors, developers, funding sources and neighborhood-based organizations as part of
providing the Landscape Architectural Services for a Pocket Park on Pine Street as part
of the redevelopment of Laney-Walker and Bethlehem neighborhoods.
2. 5COPE OF SERVICES. The Consultant will provide the services ("Services" set forth
in Appendix A(Cranston Engineering Group, PC proposal dated February 14, 2011),
attached hereto and incorporated herein by reference. Scope of Services/Task Orders
may be added to this agreement through the mutual consent of both the Client and
Consultant.
It is understood and agreed by the parties that the services of the Consultant do
not include any of the following: the disbursement or account of funds distributed
by the Client's financial officer, legal advice, fiscal audits or assistance with
activities not related to this project.
3. LIAISON. The Client's designated liaison with the consultant is APD Urban Planning
and Management, LLC.
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4. EFFECTIVE DATE AND TIME OF PERFORMANCE. This agreement takes effect
on March 1, 2011. Client may discontinue agreement after one year or at any time during
the agreement period with 30 days notice to Consultant. Consultant may discontinue
agreement with 60-day notice to Client.
5. COMPENSATION. For the satisfactory completion of the services to be provided
under this Agreement, the Client will issue Task Orders to the Consultant. Each Task
Order will request a specific scope of work, time-frame to complete the scope of work
and fee for the requested services. The Client reserves the right to negotiate the proposed
scope of work and fee provided by the Consultant as a condition of issuing a Notice to
Proceed for the work requested within any specific Task Order. The work and
compensation are identified in Appendix A.
6. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that the
Consultant is an independent contractor and as such, neither it nor its employees, if any,
are employees of the Client for purposes of tax, retirement system, or social security
(FICA) withholding. It is further understood that the Consultant will maintain at its
expense for the duration of this Agreement, coverage in a workers' compensation plan for
its principles and employees for the services to be performed hereunder or provide
documentation of exemption.
7. ELIGIBILITY. The Consultant certifies that the Consultant's firm and the firm's
principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for
participation in federally assisted contract under Executive Order 12549; "Debarment and
Suspension" [25 CFR 24.505].
8. CONFLICT OF INTERST. The Consultant covenants that it presently has no interest
and will not acquire any interest, direct or indirect, in the project that would conflict in
any manner or degree with the performance of its services hereunder. The Consultant
further covenants that, in performing this Agreement, it will employ no person who has
any such interest. Consultant shall not be permitted to build or develop any property, or
provide services in the Laney WalkerBethlehem Redevelopment Project Area for the
express purpose of selling the subject property, or delivering the services, to Augusta,
Georgia without the written consent of the Client.
9. ENTIRE AGREEMENT: MODIFCIATION. This Agreement contains the entire
agreement between the parties, and no statements, promises or inducements made by
either party, or agents of either party, that are not contained in the written Agreement, are
valid or binding. No changes, amendments ar alterations shall be effective unless in
writing and signed by both parties. The Consultant specifically acknowledges that in
entering into and executing this agreement, Consultant relies solely upon the provisions
contained in this agreement and not others.
10. NON-ASSIGNMENT OF AGREEMENT. Inasmuch as this agreement is intended to
secure the specialized services of the Consultant, Consultant may not assign its rights,
including the right to compensation, transfer, and delegate or subcontract or assignee will
be bound by all the terms and conditions of this agreement.
11. ASSIGNMENT OF PERSONNEL. The Consultant shall not substitute any personnel
for those specifically named in its proposal unless personnel with substantially equal or
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__ _ ___ _
better qualifications and experience are provided and acceptable to Client, as is evidence
in writing.
12. INDEMNIFICATION. The Consultant waives any and all claims and recourse against
the Client, including the right of contribution for loss and damage to persons and property
arising from, growing out of, or in any way connected with or incidental to the
Consultant's negligent performance of this agreement. Further, the Consultant will
indemnify, hold harmless, and defend the Client against any and all claims, demands,
damages, costs, expenses, liability arising out of the Consultant's performance of this
Agreement except for liability arising out of the concurrent or sole negligence of the
Client or its officers, agents or employees. Consultant shall also indemnify Client for any
adverse determination made by the Internal Revenue Service or the State Franchise Tax
Board against the Consultant with respect to Consultant's "independent contractor" status
that would establish a liability for failure to make any social security or income tax
withholding payments.
13. INSURANCE. Consultant shall have and maintain in full force and effect for the
duration of this Agreement, insurance insuring against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the
work by Consultant, its agents, representatives, or employees.
14. BREACH OF AGREEMENT. In the event of breach of Agreement by the Consultant,
the Client may at its option, engage the services of another Consultant to complete the
work and deduct the cost of the completion from the amount due to the Consultant. In
the event either the Consultant does not fulfill performance under this agreement, then the
affected party may pursue all legal remedies available for breach of agreement.
15. TERMINATION OF AGREEMENT. This Agreement may be terminated as follows:
a. Termination for cause.
(i) If the Client determines that the Consultant has failed to comply
with the terms and conditions of the Agreement, it may terminate
this Agreement in whole or in part any time before the date of
completion. If the Consultant fails to comply with any of the terms
and conditions of this Agreement, the Client may give notice, in
writing, to the Consultant of any or all deficiencies claimed. The
notice will be sufficient for all purposes if it describes the default
in general terms. If all defaults are not cured and corrected within
a reasonable period to be specified in the notice, the Client may,
with no further notice, declare this Agreement to be terminated.
The Consultant will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination, less
the amount of reasonable damage suffered by the Client by reason
of the Consultant's failure to comply with this Agreement.
(ii) Notwithstanding the above, the Consultant is not relieved of
liability to the Client for damages sustained by the Client by virtue ,
of any breach of this Agreement by the Consultant, and the Client
may withhold any payments to the Contractor for purposes of
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setoff until such time as the exact amount of damages due the
Client from the Consultant is determined.
(iii) Client may terminate this contract should funding cease or be
materially decreased.
16. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and
conditions of this Agreement, the prevailing party is entitled to recover reasonable
attorney's fees and other costs and expenses, whether the same are incurred with or
without suit.
17. DOCUMENTS INCORPORATED BY REFERENCE. The Client's Request for
Qualifications for Landscape Architectural Services for a Pocket Park on Pine Street for
the Laney-Walker and Bethlehem neighborhoods, submitted by the Consultant and all
applicable federal and state statutes and regulations incorporated into this Agreement by
this reference are binding upon the Client and Consultant.
18. OWNERSHIP AND PUBLICATION OF MATERIALS. All drawings, reports,
information, data, and other materials prepared by the Consultant pursuant to this
agreement, or future agreements as amended through the issuance of a Task Order, are to
be the property of the Client, which have nonexclusive and unrestricted authority to
release, publish or otherwise use, in whole or in part, information relating thereto, in
relation to the Laney-Walker/Bethlehem Neighborhood Redevelopment Area project.
Any reuse without written verification or adaptation by Consultant for the specific
purpose intended will be at the Owner's sole risk and without liability or legal exposure
to the Client. No material produced in whole or in part under this Agreement, or may be
subject to copyright or patent in the United States or in any other country without the
prior written permission of the Client. Consultant retains intellectual rights to all original
design work.
19. REPORTS AND INFORMATION. The Consultant will maintain accounts and
records, including personnel, properiy and financial records, which are adequate to
identify and account for all costs pertaining to this Contract; and such other records as
may be deemed necessary by the Client to assure proper accounting for all project funds,
both federal and non-federal shares. These records will be made a�ailable for audit
purposes to the Client or its autharized representative, and will be retained by the Client
for five (5) years after the expiration of this Agreement, unless permission to destroy
them is granted by the Client.
20. The Consultant, at such times and in such forms as the Client may require, shall furnish
Client monthly progress reports.
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All services performed hereunder shall be in accordance with all federal, state, and local laws,
ordinances, rules and regulations including, but not limited to, those laws, rules and regulations
outlined in Part II of this Agreement (General Specifications and Conditions).
ARTICLE VI
NOTICES
All notices given pursuant to this Agreement shall be mailed or delivered to the following
addresses or such other address as a party may designate in writing:
���� ���b�^t��Q.
Notices to��kf,�'�f: Notices to the Consultant:
Office of the Administrator Cranston Engineering Group, P.C.
Municipal Building 452 Ellis Street
537 Green Street, Room 801 Augusta, Georgia 30901
Augusta, Georgia 30901 Attn: D. Scott Williams, PE
Copy to:
Director
Augusta Housing & Community Development
925 Laney Walker Blvd, 2n Floor
Augusta, GA 30901
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ARTICLE VII
COUNTERPARTS
This agreement is executed in two (2) counterparts, each of which shall be deemed an ariginal
and together shall constitute one and the same Agreement with one counterpart being delivered to
each pariy hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST: AUGUSTA, GEORGIA
(Client)
SEAL,� � � � �� � ,`�
� , � �,� �� By. _,�� �, �,.�__
� � � ���� � �� ►� Da�id S. Copen aver
�� , ��� � /���� � As Its Mayor -
�ena Bonn � � � r � � � ��
C�erk bf Commisszon ; �� �
� ,
� �� � � , � a �� �,�, ederick Russell
�� `_�. x',� dministrator '
�� t � t �6a � ,�.�
� �� � , •f �`
���`�"�:�°��;�.�`�'�'� :.
Chester A. Wheeler, III
Director, AHCD
ATTEST: CRANSTON ENGINEERING GROUP P.C.
(Consultant)
SE 9L -
�-.
By' f/" • �
. Scott Willi s, PE
`� _
As Its Corporate Se etary
_ `, "
�
(Plain Witness
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Cranston Engineering Group, P.C.
ENGINEERS-PLANNERS-SURVEYORS
452 ELLIS STREET, AUGUSTA, GEORGIA 30901
POST OFFICE BOX 2546. AUGUSTA, GEORGIA 30903
TELEPHONE 706-722-1588
FACSIMILE 706-722•8379
mail@crans tonengineering. com
TEiObiAS H. RdBERTSON, PE, AICP, RLS J. CRAIG CR.INSTON. PE, RLS
JA.�iES B. CRANFORD, JR., PE (RETIRED)
DENNIS J. NELCH, PE
February 14, 2011
Mr. Warren Campbell ,
Augusta Housing and Community
Development Department
c/o APD Urban Planning and Management, LLC
1109 Twelfth Street
Augusta, GA 30901 -
Re: Landscape Architectural Services for a Pocket Park on
Pine Street
Our File No. 2009-0125 (LTO #1)
Dear Mr. Campbell:
In accordance with your request, we are pleased to offer the following proposal for accomplishing the
necessary landscape architectural services for the development of the proposed Pocket Park on Pine Street in the
Laney Walker-Bethlehem Neighborhood. This letter outlines the project, as we understand it, the scope of
services offered, the proposed fees and time line for completion of the design work.
PROJECT DESCRIPTION
The Pocket Park is one of many redevelopment projecYs planned for the Laney Walker/Bethlehem
Neighborhood Revitalization being completed by the Augusta Housing and Community Development
Department.
The project will incorporate planting and hardscape design, irrigation design, and a lighting plan for a
0.18+ acre park located in this revitalized area. This hardscape plan will include sidewalks, benches, street
lights, trash receptacles and other street furnishing. The planting plan will incotporate smaIl and medium size
trees, shrubs, and ground cover; native plants wilI primarily be used with non native varieties being used when
appropriate. The irrigation plan wilI incorporate traditional sprinklers for the lawn areas and low flow irrigation
in the planting beds. The Iighting plan will illuminate the park and provide a sense of safety and security.
SCOPE OF WORK
We propose to accomplish the necessary landscape architectural design services• site construction plans
and details, including to submittal of preliminary and final landscape, irrigation and lighting plans; to prepare
technical specifications for the site work elements; to prepare a material takeoff and cost estimate; to furnish
three sets of the final plans and bid documents; and to assist in the Construction Phase of the project.
Appendix A — Page 1
' Mr. Wanen Campbell
February 14, 2011
Page 2
Prior to beginning the design for this project, we propose to conduct a project scoping/kickoff ineeting
with the August Housing and Community Development and APD Urban Planning and Management, LLC
personnel to review the goals, scope and limitations of the project. We will review the existing schematic plan
before the meeting so that we can discuss any conflicts or major design issues.
Following the kickoff ineeting, we will prepare preliminary plans for review and approval by the
Augusta Housing and Community Development Department and APD Urban Planning and Management, LLC.
Based on that approval, we will incorporate any comments received and prepare final construction plans and
bidding documents for the reviews by the Department. After incorporating any final comments, we will submit
the plans to the local reviewing authorities for approval. Once approved by the local issuing authorities, we will
provide three sets of plans and bidding documents.
The site plan sheets will be accomplished using computer assisted design and drafting (CADD)
equipment, and these will be available in AutoCAD 2010 computer disc forrnat, if desired, at no additional fee.
In the event of difference between the disk-reproduced drawings and the original tracing, the hard copy tracing
will govem.
To the extent that you desire, we will provide the following services during the Construction Phase:
making periodic observations of the construction work, as it progresses to observe the progress and general
quality, furnishing written reports of the observations made during each visit, issuing instructions to the
contractor, interpreting the contract documents and technical specifications, and making a final insp�ction to
determine whether or not the work has been completed substantially in accordance with the plans and
specifications. Any construction observation services provided 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 methods, appliances, or schedules employed by the contractor, nor for safety on the job.
FEE PROPOSAL
Our fee for the landscape architectural design services will be a lump sum of $5,805.00. A detailed
breakdown of our fees by project phase is as follows
Basic Services Pronosed Fee
1. Preliminary Design
Lump Sum $1,320.00
2. Final Design
Lump Sum $3,335.00
3. Lighting Design
Subcontracted with Electrical Design Consultants
Lump Sum $1,150.00
Design Phase Subtotal $5,805.00
Additional Services, As Needed
3. Construction Phase Services
Time and Material If Requested
Appendix A — Page 2
!
� Mr. Warren Campbell
February 14, 2011
Page 3
If additional work is required, beyond the scope described above, it will be done on a time and material
basis in accordance with our Schedule of Rates and Charges in effect at the time the work is performed. A copy
of our current Rates and Charges dated May l, 2010 is enclosed for your information
We would expect to submit periodic invoices on a monthly basis covering work as it progresses and to
receive payment within thirty days thereafter.
TIME OF COMPLETION
We are prepared to begin work at your direction and expect to complete the Preliminary Design within 7
days after the kick off ineeting and your notice to proceed. Once the preliminary design has met your final
approval, the final design phase will be completed within 14 days. Additional time should be allowed for the
completion of reviews by the City of Augusta authorities, depending upon their promptness.
We appreciate the opportunity of making this proposal and trust that you find it satisfactory. Your
signature in the space provided on a copy of this letter returned to us will be our authority to proceed. Should
you have any questions concerning the scope of the services offered, or the fees, please do not hesitate to give us
a calL
Sincerely,
STO ENGINEERING GROUP, P.C.
,
�, �
id W. �moneau,
MEBR/tdj
enclosures
ACCEPTED:
AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
BY:
TITLE:
DATE:
G:WA-WRRESPONDENCE�2009�2009-0125 - AUGUSTA COMMUMTY DEV-L.ANEY WALKER-BETHLEHEM REDEVEIAPMEhT200o•OI25-(Itol)-LTO t71 Pockn Par1:12009-
0123 MEBR Propoul LTOl.doc
Appendix A — Page 3
Cranston Engineering Group, P.C.
ENGINEERS - PLANNERS - SURVEYORS
452 ELLIS STREET, AUGUSTA, GEORGIA 30901
POST OFFICE BOX 2546, AUGUSTA, GEORGIA 30903
T'ELEPHONE 706-722-1588
FACSIMII.E 706-722-8379
mail@cranstonengineerin g. com
THOIviAS H. ROBERTSON, PE, AICP, RLS Ma 1 ZO J. CR4IG CRANSTON, PE, RLS
JAIvIES B. CRANFORD, JR., PE Y � 1 O (RETIREDI
DENPIIS J. WELCA, PE
SCHEDULE OF R.ATES & CHARGES
TIME & MATERIAL BASIS
Personnel Charges:
Senior Principal Engineer/Planner $ 215.00/Hr.
Senior Principal Engineer $ 185.00/Hr.
Principal Engineer $ 170.00/Hr.
Sr. Professional Engineer/Project Manager $ 130.00/Hr.
Professional Engineer $ 115.00/Hr.
Project Engineer II $ 80.00/Hr.
Project�Engineer I $ 70.00/Hr.
Engineering Technician II $ 75.00/Hr.
Engineering Technician I $ 65.00/Hr.
Survey Technician I $ 65.00/Hr.
Landscape Architect I $ 80.00/Hr.
Landscape Designer I $ 70..00/Hr.
Planner $ 70.00/Hr.
Sr. Project Manager/Sr. Land Surveyor $ 140.00/Hr.
Land Surveyor III $ 115.00/Hr.
Project Surveyor II $ 80.00/Hr.
Proj ect Surveyor I $ 70.00/Hr.
Field Project Supervisor $ 60.00/Hr.
Survey Party - 2-Person $ 115.00/Hr.
Survey Party - 3-Person $ 135.00/Hr,
Survey Party - 4-Person $ 150.00/Hr.
Survey Party — GPS � 150.00/Hr.
Survey Party — Robotic Scanner $ 150.00/Hr.
CADD Technician III $ 100.00/Hr.
CADD Technician II $ 55.00/Hr.
CADD Technician I $ 45.00/Hr.
Asst. CADD Technician $ 35.00/Hr.
Inspector II $ 70.00/Hr.
Inspector I $ 65.00/Hr.
Secretary $ 55.00/Hr.
Reimbursable Char�es:
Travel Expenses:
Mileage IRS Rate plus 15%
Lodging, etc. Cost plus 15%
Reproduction: . :
Paper Prints �0.50/Sq.Ft.
Mylar Prints $2.50/Sq.Ft.
Other Reimbursable Items: Cost plus 15%
Appendix A — Page 4