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Home My WebLink AboutCRANSTON ENGINEERING GROUP FR NEW CAMPGROUND FACILITY AT DIAMOND LAKES REGIONAL PARK �� . � ��pUGUSi� � � � � . CE(3RGIA. . STATE OF GEORGIA RICHMOND COUNTY MATOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULTANT: Cranston Engineering Group, P.C. PROJECT: Diamond Lakes - Campground Phase I DATE EXCECUTED: DATE COMPLETED: August 23, 2011 1 OF 20 REVISION DATE: August 19, 2011 � �� pUCUST� � �. � �'�/ CEORGU STATE OF GEORGIA RICHMOND COUNTY MATOR 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 development of Phase I of the campground area (as described in the attached proposal dated Tuly 20, 2011) 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: 2 OF 20 REVISION DATE: August 19, 2011 pucusrq � crwxcu 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. 3 OF 20 REVISION DATE: August 19, 2011 � �� pUCUSi� �. � � ��.�EORCIA.. 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, admuustrators 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. 4 OF 20 REVISION DATE: August 19, 2011 �� AUGL'ST� . CEOHGu DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: AQreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. A�reement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CIT'Y -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. Su�lemental 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. 5 OF 20 REVISION DATE: August 19, 2011 �� pU�UST� �. l �.CE(NtcN- � CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents. Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement - Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders 6 OF 20 REVISION DATE: August 19, 2011 �,�JCUSP� � � G�ppf,{A. 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. 7 OF 20 REVISION DATE: August 19, 2011 �� pUGUSTA . r O ��. 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 CIT'Y 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 indexnnity 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 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 CIT'Y 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. 8 OF 20 REVISION DATE: August 19, 2011 nucusr� c�cu 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 9 OF 20 REVISION DATE: August 19, 2011 � �� pUCUST� �. I CEqtGN the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indexnnities 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 � the CITY, 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. Workmeri s Com�ensation Insurance - in accordance with the laws of the State of Georgia. B. Public Liabilit�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 Pa�ers 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 and 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. 10 OF 20 REVISION DATE: August 19, 2011 kucusra csoacu 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 maiuler 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. 11 OF 20 REVISION DATE: August 19, 2011 �. �pUCUSi� �. . CEppGVA. . 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 nothixig 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. 12 OF 20 REVISION DATE: August 19, 2011 � �. ��hUGL'Stq �. ." �. ..."'-/ . G� 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 13 OF 20 REVISION DATE: August 19, 2011 � pUGUST� � � '� c�oxcu. IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: � AUGUSTA, GEORGIA (CITY) CONSULTANT C��---CC��---� � _ BY: BY: • �� PRINTED NAME: David S. Copenhaver PRINTED NAME: D. Scott Williams PE �� TTTLE: MAYOR TITLE: Vice President 5 � 9^,1't �+ ��,�� ;'� � `�" ' >� ��. ATTES,'��'a�'IC � m �'�, � `� '�4� �<� e `s '� �'��' � �� r ; �� l� � m ? '�� l 3 � /� �j � �' � � j ,� /�� ''; �f� .,�- ' � � 1 � `� • � �� °�' � � Z 3 Zd �� DATE: � � '°°t �� "" �' DATE: � �� ° °w aa��p° ,�>� Copy To: ��! �i`�� DIRECTOR AUGUSTA RECREATION AND PARKS DEPARTMENT 2027 Lumpkin Road Augusta, GA 30906 14 OF 20 REVISION DATE: August 19, 2011 pUGUST� � CFAIi�P 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 Desi�n 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 CIT'Y'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. 15 OF 20 REVISION DATE: August 19, 2011 },UGU9T� I .� CEOAGN.�. 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 T'he 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 deexns 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. 16 OF 20 REVISION DATE: August 19, 2011 �UGUST� r � �� ATTACHMENT A- SCOPE OF SERVICES PROjECT DESCRIPTION: See attached Proposal from Cranston Engineering Group, P.C. dated July 20, 2011. DESIGN OBJECTIVES: See attached Proposal from Cranston Engineering Group, P.C. dated July 20, 2011. 17 OF 20 REVISION DATE: August 19, 2011 �ucusr� c � 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 Tuly 20, 2011. 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: August 19, 2011 �ucusr I �eoacu 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 Eldridge A. Whitehurst, P.E. Senior Engineer Tori Wheeler Project Engineer John T. Attaway, R.L.S. Land Surveyor Mark A. Christensen Surveyor 19 OF 20 REVISION DATE: August 19, 2011 �UGUST� � � �EQRGtA ATTACHMENT D- SCHEDULE FOR PERFORMANCE See attached Proposal from Cranston Engineering Group, P.C. dated July 20, 2011. 20 OF 20 REVISION DATE: August 19, 2011 �. Cranston Engineering Group, P.C. �: ::;. �:�.,_,,_� � � `�' " ENGINEERS - PLANNERS - SURVEYORS �y �",�.,sjyi '�:-�: �.-�> �� :.�� .�- 4bl ELI,JS STRE;ET,AT]GUSTA, GEORGIA:3(�9(11. I�OST OFi'TCR BOX ?.5A6,AUGi?S7`A, GEORrIA 30�JO;f TBT.F,PiIONE 706-"r22•158ti FAC8iN1tLIS 766-r22-837J mai lt�?c:r�tnstonengineering.cozn 'PN.Ob1A5 H. ROBEKTSUN, P�, ��.ICri, R7 S .T. i:RAIG CRANSTON, pF, RIS dAMF,S A. CRAiVFORD, .7R., PE (RE7'iKF.T.)) DF.NNTS J. WELCI3, PF. Jtrly 20, 201 l Mr. Ron �-�oucl< Aubusta .Recreation and Parks Depart�n�ent 2027 Lumpkin Road Augusta, Georgia 309U6 Re: Diamond Lakes -- Car�npground Phase 1 Ricllmond County, Georgia Our File No. 201 U-U284 Dear Ron: In. accoraance wztl� your reyuest, we have prepared the fallowing p.roposai for furnisl�ing th� necessary surveying aad engiyleering design of the fi.rst phase af a campground facility to be located at Diamond Lakes Kegion.al Park located off of Windsor Spring Road in Rich.mon.d County, Georgia. PROJECT llESCR1PTI0N 'I'he proposed buald out for the carnping facility will include accomtnodations for recreational velzicles {RV) cam.psites, car campsites, and primitive campsites. This first phase will include a looped access road, uti)ities far RV and car campsites, and a waste pumping station. The ovcrall camping facility location is based on the cunrent Diamond Lakes Master Plan Update, whi.cl�► is being u.pdated under a differen.t job. Future expansions wili bc considered and aceout�tcd far in this Phase l design. Future camping phases will potentiatl.y include a camp store/officc and comfort stations, but the design af these items are not included in this proposal. SCOPE OF WORK Tl�e work included in tl�is proposal consists of the develop�nent of an overall campground plan to be incoiporated into the updated master plan for thc park, the accomplishrrtent of field en.hance�nei�t surveys and preparation of construction plans, technical speci.fications and contract docume��ts for the first phase of the campground. Since lhe pr�posed campground is within a woodcd portion of the park, tl�e work will begin with. �eld enl�a��cement surveys that will include topogra�hic and utility enhancement surveys to better map the proposed area ior Phase I af ihe camp� We will also provide Mr. Ron Hauck July 20, 20l 1 Page 2 of 4 horizontal and vertical control survcys and sufficient off ce work to add these improvem.ents to the existing acrial base map ol� the park. An updated wetlands survey will be needed and is shown as an additional fce, since it may be accomptished under t�e proposed dredgin� pro}ect. Upon the completion of the survey enhancements, we will prepare preliminary pians of the ph.ase I site design for your review of the proposed site work for the first phase of the campground includin� acccss road, ca�npsites, camp amenities, water and sewer infrastructure, and drainage improvemcnts. Upon yonr concurrence with the preliminary plans, we will then prepare final plans for the construction of the phase I site work that will incorporate yoUr cammenis from the pr.eliminary plans. We will submit plans and details for local and state approval and respand to comments as needed. Wc will then prepare detailed specifications, a bidding schedule, contract docu�nents, and a fi�1a1 estimate of the prohable cost of conslruct.ian. It is our understanding that no environmenta[ docuz�entation �r permitting rel.ating 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 sucl� work in this progosal. it is our anticipatian that any permitting required will be included with the permitting f'or the dredgin�. Should it be determined, at a later date, that additionaI environrnental documentation or permitting will be required; we would anticipate negotiating a fee for that work at that time. Drawi:ngs will be prepared in ink on znylar flm at an appropriatc scale. 'I'he site plan sheets wilI be accomplished using computer assisted desi�.n and drafting (CADD} equipment, and these sheets will be availahle ia� AutoCAD computer disc forrz�at if desired, at no additional fee. In the event of a difference between thc disc reproduced drawings and the ar�ginal tracing, the hard copy tracing will govern. During tl�e bidding phase, we will prepare a bid schedule and documei�ts necessary for biddi_n.g, assist yau in conducting a pre-bid co»ference, answer bidders questioz�s, assist in pcepa.i-�ng any addenda requ.ired, attend the bid opening, summ.arire az�d analyre the bids, recom.mend a�a award and prcpare coniract documents. Construction phase engineering services wil] consist of periodic sitc visits to observe the progress an.d general quality of the work as it progresses; reviewing shop drawings; preparin.g any change orders required.; reviewing conlractor's monthly a�plications for partial paymen.t; and making a pre-final ai�d a final site visit to determine whether or not the work has been completed in substantial conformity with. the plan.s and speci.fications. The cost far this work is based on four months co�asfiruction time. If lhis time is exceeded, we will negotiate an additional fee for the extencied time. �Ve also have the ability to provide NPDES monitoring and reporting during eonstructian, if you should so desire. It is shown as an additional service in tliis prpposal. Site visits during cansfiruction will generall,y be at varying intervals appropriate to the stage of the contractor's operations, but no less frequently than fiwice a month, or when called upon to observe a particular area. Wh.ile more intense on-site observation servi.ces are beyond ihe scope of this proposal, we have the capability of furnishing more frequent observation or resideni project representation, if those services should be desired. Mr. Ron Houck July 20, 2011 Page 3 of 4 Any observation scrvices wiil be for the purpose of monitoring compliance with the plans, specifcations, and contract dacuments, and wrll not in any manner be a guarantee of the schedules, ��nater.ials, appliances, ar methads of the contractor, nar for the safety of the job. FEE PROP�SAL Our fee for this work will be a lun�p sum of $42,460.00. We would expect to submit periodic invoices covering the design work as it progresses and to recei.ve payrrtent within .f.tfteen days thereafter. Th.e fec for the various services can be broken down as foll.ows: 1. E nhancecnent Surveys and Mappin� $4,500.00 A. Topo and utility survey {minor enhancennents} B. rield stake and profile praposed road and camp area II. Preliminary Camp�round D�sign and Plans $13,260.00 A. Prepare �verall Campground Plan. B. Prepare prelim.inary design d.rawings C. Prepare cost estimate D. Rcview w/ Recreation Departn�ent & receive comments III. Final Design, Plans and Co�tract Dacuments $16,3$O.Qd A. Arepare final plans incorporating previous comments B. Frepare fn.al specificatians C. Prepare biddi.ng and contract documents U. Update cost estimate IV. Bidding I'hase $2,0$OAO A. Assist in pre=bid conference B. Answer bidders questians C. Prepare addenda, i.f reyuired I?. Attend bid opeiai��b, analyze bi.ds & recommend award V. Construction Phase $6,240.00 A. Assist in preconstruction cot�:ference B. Constructian observation services TOTAI.. .�4�_ Vl. Potential Additianal Sea-vices: A. Wetlands Delineation (If Required) $ 2,250.U0 B. NPD�S 1Vlonitoring {�stimated 4�nonths @$904.00/month) $ 3,600.00 We would expect to sub��t�it invoices on a tnonthl.y basis to cover tlaat portion of the work coinpleted during the 7nonth a��d to receive payznent withi.n th.irty days thercafter. Additianally, shouId the budget and/or scope of the work change from the above estimated $SOO,OOOAQ construction cost bud�et, tlz.en we would antieipate that aur fees would adjust proportionally. Mr. Ron Hotick .iufy 20, 2011 Fage 4 of 4 TIME OF COMPLETION We propose to begin work immediately upon your direction and expect ta complete the Seld enlzancement surveys and base anapping within twenty one (2l) days. We will then expect to complete thc preliminary plans thirty (3Q) days thereafter, Following your review and approval of our pre)irninary plans, we will complete the final design plans and prepare the contract d.ocumen.ts within forty (40) days, for a total tian.e of ninety one (91) days foltowing your notice to proceed, exclusive af ti.mes requircd for reviews. We appreciate tl�te opportunity of malting this proposal and trust that you find it satisfactory. Should you have any question concerning the scope of the services offered, or the fees, please do not hesitate to contact us at your earliest convenience. Sincerety, CRANSTON ENGINEERING G UP, P.C. �� D. Scott Williazns, PE.., , c , � �! , � .:.. � 3 �... F ,�,�°� ��` ,t f ., l��M. �iff"� .d � ` �� _ ��avid W. Sim.one u,�P� �.... .... � DWS/tdj ACCEP'T'LD: AUGUSTA RI!;CItEATION AND PAIZKS DEPARTMENT BY: T1TLE: DATE: G:,AA-CORRP.SPOND6NC:P.\2010\2010-02A4 - I)IAMONU LAKES - CAME'WCi AIt1iA PIIAST.i [\AA-1'roposul-(:ontrac020100284 2051-07-20_DLCany�ing Prn D W S.Jtx: