HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT BETWEEN CRANSTON ENGINEERING GROUP PC AND AUGUSTA GA HOUSING AND COMMUNITY DEVELOPMENT DEPT FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES ) INSPECTIONS s
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
Cranston Engineering Group, P.C.
And AUGUSTA, GEORGIA And
HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
For
National Pollutant Discharge Elimination System (NPDES) Inspections
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 National
Pollutant Discharge Elimination System Inspections 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. EMPLOI'MENT 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 National Pollutant Discharge Elimination System Inspec�ions as part of the
redevelopment of Laney-Walker and Bethlehem neighborhoods.
2. SCOPE OF SERVICES. The Consultant will provide the services ("Services" set forth
in Appendix A(Cranston Engineering Group, PC proposal dated February 17, 2011),
attached hereto and incorparated 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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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. INSLJRANCE. Consultant shall have and maintain in full force and effect far 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 NPDES Professional Services 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-WalkerBethlehem 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, property 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 available for audit
purposes to the Client or its authorized 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:
A ��� fi �� ���1�
Notices to �: 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
Copy to:
Director
Augusta Housing & Community Development
925 Laney Walker Blvd, 2° 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 original
and together shall constitute one and the same Agreement with one counterpart being delivered to
each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST: AUGUSTA, GEORGIA
(Augusta)
SEAL �� �
5 By. o
���� �� David S. Copenha er
��� . _ � � � �� � �� As Its Mayor
Len�;Bor�n ,� �� � � � � ����
Cler of Gomr�ission � _� a �, �
�, ... < ,. �. ?.; - m �
� � ,�, � ederick Russell
,
���'; ;;< ��� ,�`� � Administrator
� "°��
�°� ` � eag�e��+� �
�� � ��,��:�:���'�.�`'°�
��; .,.
�����a.��'�`
Chester A. Wheeler, III
Director, AHCD
ATTEST: CRANSTON ENGINEERING GROUP, P.C.
(Consultant)
SEAL j
By:
r D. Scott Wi iams, PE
/ � �
... f
,. . _. , ,�.
�� '�
As Its Corporate cretary
(Plain Wi s)
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Cranston Engineering Group, P.C.
ENGINEERS - PLANNERS - SURUEYORS
452 ELLIS STREET, AUGUSTA, GEORGIA 30901
POST OFFICE BOX 2546, AUGUSTA, GEOkGIA 30903
TELEPHONE 706-722•1588
FACSIMILE 706-722-8379
mailC�cranstonengineering.com
TFIOMA.S H. AOBERTSON, PE, AICP, RLS J. CRAIG CRANSTON, PE, RIS
JAMES B. CRANFORD, JR.. PE (RETIRED)
DENNIS J. WELCH, PE
February 17, 2011
Mr. Warren Campbell
Augusta Housing and Community
Development Department
c/o APD Urban Planning and Management, LLC
1109 Twelfth Street
Augusta, Georgia 30901
Re: NPDES Professional Services
Laney Walker/Bethlehem Communities :
Our File No. 2009-0125
Dear Mr. Campbell:
In accordance with your request, we are pleased to offer the following ,proposal for
providing the National Pollutant Discharge Elimination System (NPDES). inspections,
monitoring and documentation during the construction of various .task order projects within the
Laney Walker/Bethlehem Communities. Specifically, this work is based on performing this
work for the Holley Street Project (Task Order #1), the Pine Street West Project (Task Order #2),
and "the Pine Street East Project (Task Order #4). 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 construction is part of the redevelopment projects planned for the Laney
WalkerBethlehem N�ighborhood Revitalization being cornpleted by fhe Augusta Housing and
Community Development Department.
These three projects are the constraction of infrastructure and housing that are being
constructed with oversight by Augusta Housing and Comrnunity Development Department and
APD `Urban Planning and Management, LLC. As required by the Georgia Environinental
Protection Division (EPD), projects that disturb over one acre of land require coverage under the
appropriate general permit for stonn water discharges associated with construction. As a part of
those permits certain inspections, monitoring, and reporting are required. Our work under this
proposal covers that portion of the wark.
Appendix A - Page 1
� IVIr. Warren Campbell
February 17, 2011
Page 2
SCOPE OF WORK
During the construction of the projects, we propose to provide NPDES storm wafer
monitoring (including sampling of runoff, when appropriate), inspections and reporting required
by EPD as part of the permit. These three construction projects come under permit GAR"100003
for common developments. Our services will begin once the project is under construction-and
we have received the' approval of this proposal. The work will continue throughout the duration
of the project until all work is completed and a notice of termination (NOT) kas been subxnitted
to EPD. Each project will remain separated for reporting purposes and willremain active based
on the construction and NOT for that proj ect.
FEE PROPOSAL
- Our fee for the above services will be based on a tiered system fhat allows the cost for our
services on an individual project to be reduced when more that one project is being monitored at
any that time. As a result when two projects are being monitored the cost for the second project
is reduced .as show� in the following table. The same procedure is true when a third project is
added. When a project is completed, the lowest rate is removed form the monthly chaxges. A
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breakdown of our fees by project is as follows:
Basic Services Prouosed Fee
l. Monitoring, etc... for the First Project
Monthly Fee $750:00
2. Monitoring, etc... for the Second Project (Add)
Monthly Fee $350:00
3. Monitoring, etc... for the Third Project (Add)
Monthlv Fee $350.00
Monthly Fee for Three ConcurrenY Proj ects $1
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 on Pine Street WeSt at your direction and will add the
subsequent projects as construction begins. This work will continue as described above: and will
end when the NOT is submitted to EPD.
Appendix A - Page 2
' Mr. Warren Campbell
February 17, 2011
Page 3
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,
.--
CRANSTON BNGINEERTNG GROUP, P.C.
: � � �
id W. Simonea
DWS/td� .
enclosure
ACCEPTED: -
AUGUSTA HOU�ING AND COMMUNITY DEVELOPMENT :DEPARTIVIENT
BY:
TITLE:
DATE: .
G:FAA-CORRESPONDENCE�2009�2009-0I25 - AUGUSTA COMMUNITY DEV-LANEY WALKER-BETFII.EHEM REDEVELOPMEN112009•0125 DWS-Proposal-NPDES.doc
Appendix A - Page 3