HomeMy WebLinkAboutAGREEMENT BETWEEN CRANSTON ENGINEERING GROUP P C STEIN MART SEWER IMP PROJECTSTATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT: Cranston Engineering Group, P.C.
PROJECT: Stein Mart Sewer Improvements Project
DATE EXECUTED:
DATE COMPLETED: April 2, 2012
1 OF 23 REVISION DATE: June 2011
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
Engineering Design of the Stein Mart Sewer Improvements Project and,
WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish
professional services for:
This Agreement is made and entered into this _2nd day of _ April , 2012 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 CONSULTANT has represented to the CITY that it is experienced and qualified to
provide the services contained herein and the CITY has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between the CITY and the CONSULTANT that:
2 OF 23 REVISION DATE: June 2011
GENERAL PROVISIONS
CONSULTANT has agreed, in this Agreement with CITY to procure the services of licensed design
professionals, to provide the engineering services required to provide professional engineering and
design services for the Project in accordance with the requirements as outlined in and attached as
Attachment A - Scope of Services and other relevant data defining the Project.
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.
3 OF 23 REVISION DATE: June 2011
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TIME OF COMPLETION
PROJECT PROGRESS
LITIGATION
BINDINGS
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.
The time of completion shall be as described in the schedule attached hereto as Attachment D -
Schedule.
This Agreement shall terminate immediately and absolutely at such time as appropriated and
otherwise obligated funds are no longer available to satisfy the obligations of the 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.
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.
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.
4 OF 23 REVISION DATE: June 2011
DEFINITIONS
Agreement Execution - means the date on which CONSULTANT executes and enters into an
Agreement with CITY to perform the Work.
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.
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Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall
have the following meanings:
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.
Work - means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the
successful completion of the Project, assigned to or undertaken by CONSULTANT under this
Agreement.
5 OF 23 REVISION DATE: June 2011
CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements,
including Task Orders shall constitute the Agreement Documents (the "Agreement ").
Conflict and Precedence
The Agreement Documents are complementary, and what is called for by one is as binding as if
called for by all. In the event there are any conflicting provisions or requirements in the component
parts of this Agreement, the several Agreement Documents shall take precedence in the following
order:
1. Agreement - Including Attachments
2. General Conditions
3. Supplemental Conditions - Including Task Orders
6 OF 23 REVISION DATE: June 2011
GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
2. PROFESSIONAL STANDARDS
3. CHANGES AND EXTRA WORK
4. PERSONNEL
The performance of services as defined in the Prime Agreement between CONSULTANT and the
CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt
by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be
defined in the Notice To Proceed.
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.
The CITY may, at any time, request changes in the work to be performed hereunder. All such
changes, including any increase or decrease in the amount of the CONSULTANT's compensation,
which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be
incorporated in written Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require the
approval of the CITY.
The 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 23 REVISION DATE: June 2011
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 cooperate 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.
8 OF 23 REVISION DATE: June 2011
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
9 OF 23 REVISION DATE: June 2011
The CONSULTANT shall be responsible for any and all damages to properties or persons caused
by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents
and employees from all suits, claims, actions or damages of any nature whatsoever to the extent
found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent
performance or non - performance of work under this Agreement. These indemnities shall not be
limited by reason of the listing of any insurance coverage.
14. INSURANCE
The CONSULTANT shall 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, 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 in performance of the work during the term
of this Agreement.
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 amount of not less than One Million ($1,000,000) Dollars
or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000.
CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder
in insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty -(30) days' written notice to the CITY. Such policies shall name the
CITY as co- insured, except for worker's compensation and professional liability policies, and a copy
of such policy or a certificate of insurance shall be filed with the Director at the time of the
execution of this Agreement.
15. PROHIBITED INTERESTS
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
10 OF 23 REVISION DATE: June 2011
performance of its services hereunder. The CONSULTANT further agrees that, in the
performance of the Agreement, no person having such interest shall be employed.
16. SUBCONTRACTING
17. ASSIGNABILITY
18. EQUAL EMPLOYMENT OPPORTUNITY
19. DRUG FREE WORK PLACE
15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure
or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the
proceeds thereof.
15.3 Employment of CITY's Personnel: The 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.
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.
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.
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.
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.
11 OF 23 REVISION DATE: June 2011
CONSULTANT may require drug or alcohol testing of employees when contractually or legally
obligated, or when good business practices would dictate.
20. ANTI - KICKBACK CLAUSE
21. AUDITS AND INSPECTORS
pl GUSTA\
GEORGIA
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.
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
12 OF 23 REVISION DATE: June 2011
The CONSULTANT shall perform the services under this Agreement as an independent contractor
and nothing contained herein shall be construed to be inconsistent with this relationship or status.
Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or
any of its agents or employees to be the agent, employee, or representative of the CITY.
25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail, postage
prepaid. Notices shall be addressed as follows:
CITY:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street
Augusta, GA 30911
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
CONSULTANT:
Cranston Engineering Group, P.C.
452 Ellis Street
Augusta, GA 30901
13 OF 23 REVISION DATE: June 2011
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
CITY:
AUGUSTA, GEORGIA (CITY)
BY: _:, C
PRINTED NAME:
AS ITS: MAYOR
'61[19 I ATTEST CLERK:
PRINTED NA
AS ITS: Clerk ' of
Copy To:
DIRECTQR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
CONSULTANT:
Cranston Engineering Group, P.C.
BY:
PRINTED NAME: D. Scott Williams, P.E.
AS ITS:: Principal
ATTEST:
PRINTED NAME E 1415 ...1 • Wax-ft
AS ITS: ) G0 1 t :) %
DATE: 'S'I �) Z
14 OF 23 REVISION DATE: June 2011
CONSULTANT'S RESPONSIBILITIES
CONSULTANT , in order to determine the requirements of the Project, shall review the
information in Attachment A - Scope of Services. CONSULTANT shall review its understanding
of the Project requirements with CITY 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.
PROJECT 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.
15 OF 23 REVISION DATE: June 2006
CITY'S RESPONSIBILITES
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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.
16 OF 23 REVISION DATE: June 2011
ATTACHMENT A - SCOPE OF SERVICES
PROJECT DESCRIPTION: Stein Mart Sewer Improvements Project
DESIGN OBJECTIVES: To construct a sanitary sewer main to replace the current main that is
failing. See attached proposal from Cranston Engineering Group, PC dated March 21, 2012.
17 OF 23 REVISION DATE: June 2011
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 for work completed, on the basis of the standard
directly on the work. attached proposal from Cranston Engineering Group, PC dated March 21,
2012.
not to exceed the cempensatien set forth in the terms -ef the Agreement or any authorized Task
Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred
expenses, labor hours and costs by authorized Task.
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 23
REVISION DATE: June 2011
ATTACHMENT C - LISTING OF KEY PERSONNEL
CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel
below, including a designated Program Manager will not change or be reassigned without the
written approval of the CITY. Those personnel committed for this work are as follows:
D. Scott Williams, P.E.
Mitchell Murchison, P.E.
19 OF 23 REVISION DATE: June 2011
ATTACHMENT D - SCHEDULE FOR PERFORMANCE
See attached proposal from Cranston Engineering Group, PC dated March 21, 2012.
20 OF 23 REVISION DATE: June 2011
CONSULTANT SERVICES
Prior to Authorization To Proceed:
As a part of this Agreement the CONSULTANT agrees to furnish the following checked items
(CONSULTANT to initial in the space provided acknowledging responsibility to furnish said
item).
Detailed Scope of Services based upon Schedule A of this Agreement to be submitted
with Cost Proposal clearly defining the CONSULTANT'S understanding of the project
limits, design objectives and CONSULTANT'S services to be provided.
Q Cost Proposal that will include cost of surveying, design, preparation of construction
plans and specifications, and other services requested in the CITY's Request for
Proposal.
Q Schedule for submittal of review documents at 30 %, 60 %, and 90% completion; and
final documents.
Prior to submitting 30% review documents:
Q Locate all existing utilities using available information collected by the CONSULTANT.
The CITY will furnish available information on water and sewer locations however the
CONSULTANT must verify to CITY'S satisfaction.
Provide CITY with information on the project site(s), including the following:
• Past and present use of the land (specifically identify any landfilling activities in
the area); identify any nearby designated wetlands
• Soil type(s)
• Boring results when required by CONSULTANT for new facilities or where depth
of line and existing site conditions warrant.
• Brief description of the area (e.g., residential, commercial, industrial) including
general slope of the land, and whether trees, signs, etc. will be in conflict with the
new facilities. Include number of properties affected and number of easements
required with property owners identified
• Identification of potential problems in meeting design objectives.
Q Site Plan (If Required)
Throughout project:
Prepare printed responses to comments received from the CITY following reviews.
Provide the necessary plats for easement acquisition and DOT /other permit
application.
Prepare Public Works /DOT /Other permit applications for signature by the CITY.
Q Prepare and submit plans to EPD for review and approval when required.
Prepare plans and specifications, using Augusta Utilities Design Standards and
Specifications (latest version). Specifications must mirror that provided by the CITY.
21 OF 23 REVISION DATE: June 2011
Prepare construction cost estimates at each review stage, 30 %, 60 %, 90 %, and with the
submittal of Final documents. Provide cost breakdown for any items to be lump sum in the
construction contract.
Upon completion of design:
El- Coordinate with the City Procurement Department to advertise the project.
Fax bid information to CITY.
Q- Attend the Pre Bid Meeting as a technical reference to the CITY.
i. ,
Ef- Develop conformed contract documents -and forward to the CITY for execution.
Attend the pre construction meeting as-a technical reference to the CITY.
Q Provide clarification related to the plans /specifications throughout design and
construction.
Provide record drawings at completion of the project electronically, per the Utilities
Ef- Provide Services During Construction as follows:
• Attend project meetings as scheduled by the CITY
• Recommend design changes -as field conflicts arise (site visits may be required)
• Review and approval of pay requests from the construction Contractor (line of
CONSULTANT to CITY)
• Provide clarification of plans and specifications throughout construction
• Revise /update plans and /or casement plats as changes occur that require
resubmittal to DOT /other agencies.
AUGUSTA UTILITIES DEPARTMENT CONSULTANT
BY: a. e . +.�` 1,0a4,oq - ..., BY:
22 OF 23
PRINTED NAME: Tom Wiedmeier, P.E. PRINTED NAME: D. Scott Williams, P.E.
TITLE: DIRECTOR TITLE: Principal
DATE: 1 t ; '�''' DATE: C / /2012
REVISION DATE: June 2011
ADDITIONAL SERVICES:
1. Revisions to the plans /contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct
location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of
the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government
agency at their request will be considered an additional service.
3. Out -of -town meetings or conferences required of the CONSULTANT by the CITY.
4. Other not described above, as approved by the CITY.
NOTE:
It is the responsibility of the CONSULTANT as contracted by the CITY to provide professional surveying and engineering services. It
is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a
manner which promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a
client. It is the duty of the CONSULTANT to protect the safety, health and welfare of the public in the performance of their
professional duties.
23 OF 23 REVISION DATE: June 2006
• Temporary suspension or delay of performance of contract.
To the extent that it does not alter the scope of this agreement, Augusta, GA may
unilaterally order a temporary stopping of the work, or delaying of the work to be
performed by CONSULTANT under this agreement.
• Defective pricing.
To the extent that the pricing provided by CONSULTANT is erroneous and defective, the
parties may, by agreement, correct pricing errors to reflect the intent of the parties.
• Specified excuses for delay or non - performance.
CONSULTANT is not responsible for delay in performance caused by hurricanes,
tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the
contract price and schedule shall be equitably adjusted.
• Hold harmless.
Except as otherwise provided in this agreement, CONSULTANT shall indemnify and hold
harmless Augusta, GA, and its employees and agents from and against all liabilities, claims,
suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or
resulting from the of its Work.
M 1-1,
• Georgia Prompt Pay Act not applicable.
The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act.
• Right to inspect premises.
Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business,
or work site of CONSULTANT or any subcontractor of CONSULTANT or subunit thereof
which is pertinent to the performance of any contract awarded or to be awarded by
Augusta, Georgia.
• E- Verify
All contractors and subcontractors entering into contracts with Augusta, Georgia for the
physical performance of services shall be required to execute an Affidavit verifying its
compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with and is
participating in a federal work authorization program. All contractors and subcontractors
must provide their E- Verify number and must be in compliance with the electronic
verification of work authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program operated by the
United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-
603, in accordance with the applicability provisions and deadlines established in O.C.G.A. §
13 -10 -91 and shall continue to use the federal authorization program throughout the
contract term. All contractors shall further agree that, should it employ or contract with
any subcontractor(s) in connection with the physical performance of services pursuant to
its contract with Augusta, Georgia the contractor will secure from such subcontractor(s)
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written
below:
CITY: CONSULTANT:
AUGUSTA, GEORGIA (CITY) Cranston Engineering Group P.C.
BY: � `� /' 7
�i BY: 1
PRINTED NAME: PRINTED NAME D. Scott Williams P.E.
AS ITS: MAYOR
ATTEST CLERK: ATTEST:
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
AS ITS: Principal
DATE: 5]' 4 ) 12 -
PRINTED NAME 1 sP S J - w�1,444
AS ITS: 1/r cc `1s Q4.