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HomeMy WebLinkAboutCONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND CRANSTON ENGINEERING GROUP, PC FOR AUGUSTA PUBLIC SAFETY AND FERC LICENSE FOR AUGUSTA CANAL f &JCUSTA.:... Q STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CRANSTON ENGINEERING GROUP, PC CONSULTANT: CRANSTON ENGINEERING GROUP,PC PROJECT: AUGUSTA PUBLIC SAFETY AND FERC LICENSE FOR AUGUSTA CANAL DATE EXECUTED: DATE COMPLETED: /*AAs/7 1 OF 25 REVISION DATE: June 2006 a ' ,..AUGUSTA<...... TT I1` GEoRax STATE OF GEORGIA RICHMOND COUNTY MAJOR PROTECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CRANSTON ENGINEERING GROUP, PC This Agreement is made and entered into this day of_ , 20 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and CRANSTON ENGINEERING GROLIP,PC. 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: 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 Cf1'Y and the CONSULTANT that: 2 OF 25 REVISION DATE: June 2006 r AIGUSti 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. 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. 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. 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 25 REVISION DATE: June 2011 TIME OF 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. PROJECT PROGRESS CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations,representations and agreements,either written or oral. LOCAL SMALL BUSINESS: In accordance with Chapter l0B of the AUGUSTA, GA. CODE, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.au,usta :i v. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at v 3:ry .att ;cstaa. o %. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time 4 OF 25 REVISION DATE: June 2011 1-r1 txlY'0r,: period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor. DEFINITIONS Wherever used in this Agreement,whether in the singular or in the plural,the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY-means a legal entity AUGUSTA,Georgia,a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time-means the period of time stated in this Agreement for the completion of the Work. Subcontractor- means any person,firm, partnership,joint venture, company,corporation,or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement -means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time,issued after execution of this Agreement. Task Order - means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work -means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. 5 OF 25 REVISION DATE: June 2011 eocuyr4 ,, 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 25 REVISION DATE: June 2011 • ,,.AUGUSTA � TY 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 Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 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 25 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 and final payment, 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. CONSULTANT may retain one copy of all such materials for its records. 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. fURISDICUON 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 25 REVISION DATE: June 2011 • 'AUSU 7A P7' 9. 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.. 10. 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. The CITY's use, reuse, or modification of any of CONSULTANT's work product without CONSULTANT's written consent shall be at the CITY's sole risk. 11. TERMINATION OF THE AGREEMENT FOR DEFAULT Failure of the CONSULTANT, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. The CITY may terminate this contract is part or in whole upon written notice to the CONSULTANT pursuant to this term. 12. 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. 13. 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 9 OF 25 REVISION DATE: June 2011 u.mr. tfrT..._' CITY. The CONSULTANT shall not commit or permit any act by its employees or sub-consultants which will interfere with the performance of work by any other CONSULTANT or by CITY employees. 14. 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. 15. 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 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. 16. 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 in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide,at all times that this Agreement is in effect,Insurance with limits of not less than: A. Workmen's Compensation Insurance-in accordance with the laws of the State of Georgia. B. Commercial General 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. 10 OF 25 REVISION DATE: June 2011 . 1 micusu t ' 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. 17. PROHIBITED INTERESTS 17.1 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. 17.2 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. 17.3 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. 18. 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. 19. 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. 11 OF 25 REVISION DATE: June 2011 1 taUGUSZl tart, r,a. ,, 20. 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. 21. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property,vehicles,and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated,or when good business practices would dictate. 22. 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. 23. AUDITS AND INSPECTORS At any time during normal business hours, after providing reasonable notice, and as reasonably 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 12 OF 25 REVISION DATE: June 2011 Amu 0 .,-.N 6 CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor,assignee,or transferee. 24. OWNERSHIP,PUBLICATION,REPRODUCTION AND USE Subject to the CONSULTANT being paid for services performed, 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. 25. 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. 26. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent,employee,or representative of the CITY. 27. 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 AUGUSTA,GEORGIA Cgais/ rb4 6/4/N4fZM4 ,c io✓P, PG 535 Telfair Street,Suite 910 v, or 144i, .,4/4,f Augusta,GA 30911 '�1,,'�j E44 'J Sre I'4T y6•574 44 3'47 0/ Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street,Suite 200 Augusta,GA 30901 13 OF 25 REVISION DATE: June 2011 �yGUBTq 28. COSTS OPINIONS&ESTIMATES Any cost opinions or estimates provided by Consultant will be on a basis of experience and judgment, but since Consultant has no control over market conditions or bidding procedures, Consultant cannot and does not warrant that bids, ultimate construction cost, or project economics will not vary from such opinions or estimates. 29. NOT RESPONSIBLE FOR CONTRACTORS Consultant shall not control or have charge of,and shall not be responsible for,construction means, methods, techniques, sequences, procedures of construction, health or safety programs, or precautions connected with the Work and shall not manage, supervise, control or have charge of construction. Consultant shall not be responsible for failure of any contractor to comply with its respective contract documents. 30. ACKNOWLEDGEMENTS "Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services.Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts 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) each subcontractor's E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit 14 OF 25 REVISION DATE: June 2011 AUGUST4 provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s)is retained to perform such physical services [SIGNATURES ON FOLLOWING PAGE] 15 OF 25 REVISION DATE: June 2011 AUGUSn. yaw 1 rn � :.ti�, IN WITNESS WHEREOF,said parties have hereunto set their seals the day and year written below: CITY: CONSULTANT: AUGUSTA,GEORGIA(CITY) CEA/43TM /A1 ,A,t/!rvt, 't .tgi ji) BY: 46 . BY: _5/, -----.....L. ,k'" Al .�r % � ,/ PRINTED NAME: ,/ eT / A r J/ PRINTED NAME D. S� I//,t4lA•its �,�r AS ITS: MAYOR AS ITS: V/C E /SRR FSi,D, .vT ATT .`T''.CLERI .,..,., .,;,... K'' .4., ATTEST: it IN A 1 a GhUk P�� L♦ lI, 1 ,\ PRINTED Nc *L v,,,,,rf• II.�!In ' PRINTED NAME /i A — .✓./r i 4 w. v A A AS ITS: . �. ler ., '£,,,v t �.io o 0 ` AS ITS: c re DATE fr;�JI A I;4; _. DATE: 244 ,- Z O,/7 -1 4,s, 4410booss � C p jOEORGt� Cop 'To: Qlire►avx. ilfi AUGUSTA UTILITIES DEPARTMENT 452 Walker Street,Suite 200 Augusta,GA 30901 16 OF 25 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. PROTECT UNDERSTANDING Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project,including design objectives and constraints, space,capacity and performance requirements,flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys,and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in the regard. 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. 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. 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. CONSULTANT shall not be responsible for defects in its Services attributable to its reliance upon or use of such information. 17 OF 25 REVISION DATE: June 2006 -1 Ili 0 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. Notwithstanding the foregoing, the CITY shall be responsible for providing safe access to and making provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this 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. 18 OF 25 REVISION DATE: June 2011 ATTACHMENT A - SCOPE OF SERVICES PROJECT DESCRIPTION: Engineering and reporting services associated with the compliance requirements of the Federal Energy Regulatory Commission (FERC) on dam and dike safety for the Augusta Canal Hydropower Project. The City of Augusta has applied for a license from the Federal Energy Regulatory Commission for operating the canal for power production.The application process has been lengthy,and the approval of the commission remains a pending matter. Licensed projects must comply with applicable requirements of the Code of Federal Regulations Title 18,Conservation of Power and Water Resources,which includes requirements for dam safety(Chapter 14,Dam Safety Performance Monitoring Program). This program involves a comprehensive approach to technical data reporting,potential failure mode identification, surveillance and monitoring,emergency action,security and vulnerability,and a series of inspections and reports by an independent consultant.This independent consultant is a person who is qualified by education and experience in dams and is pre-approved by FERC as a qualified independent consultant.Our Thomas H.Robertson is such a prequalified individual. The Augusta Canal Hydropower Project includes the canal,diversion dam,banks and drainage works,but excludes the power generating facilities of Sibley,King,and Enterprise Mills,as well as the Augusta Raw Water Pumping Station.The project is subdivided into individual projects identified by FERC by project number as follows:High Hazard-Augusta Canal Left Embankment&Structures (Below Bulkhead) (Project No.11810-01-02),High Hazard -Augusta Canal Right Embankment(Below Bulkhead) (Project No. 11810-01-03),Significant Hazard-Augusta Canal Left Embankment&Structures (Above Bulkhead) (Project No. 11801- 01-01), and Significant Hazard-Augusta Diversion Dam(Project No 11810-02-01). DESIGN OBJECTIVES: See attached proposal from Cranston Engineering Group,PC dated April 20,2017. ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services,which have been authorized by the CITY under the terms of this Agreement. We propose to accomplish the individual items listed below at the fees and terms for each item shown. 1. Emergency Action Plan Orientations and Updates A. 2016 Emergency Action Plan Orientation and Update Lump Sum $ 16,400.00 B. 2017 Emergency Action Plan Orientation and Update Lump Sum 16,620.00 Subtotal $ 33,020.00 2. Public Safety Plan Reviews and Updates A. 2016 Public Safety Plan Review and Update Lump Sum $ 4,320.00 B. 2017 Public Safety Plan Review and Update Lump Sum $ 4,320.00 Subtotal $ 8,640.00 Surveillance and Monitoring Plan Annual Reports and Updates 3. 2016 Surveillance and Monitoring Plan Annual Report and Update Lump Sum $ 5,230.00 4. 2017 Surveillance and Monitoring Plan Annual Report and Complete Re-write of the Plan Lump Sum $ 14,280.00 Subtotal $ 19,510.00 5. Owner's Dam Safety Program Annual Reports and Updates A. 2016 Owner's Dam Safety Program Annual Reports and Updates Lump Sum $ 1,760.00 B. 2017 Owner's Dam Safety Program Annual Reports and Updates Lump Sum $ 1,760.00 Subtotal $ 3,520.00 6. Intensive Supplemental PFMA A. Nine copies of the Report Lump Sum $ 74,240.00 7. Instrumentation Documentation A. Inclusion in the 2016 Re-write of the Surveillance and Monitoring Plan Lump Sum $ 12,800.00 8. Detailed Inspection A. Report and inclusion of the relevant material in other reports Lump Sum $ 14,730.00 9. Reed Creek Seepage Measurement System A. Report on the system and inclusion of the relevant material in other reports Lump Sum $ 4,118.00 10. Long Gate Spillway Spalled Areas A. Report describing the conditions and implementation recommendations Lump Sum $ 9,650.00 11. Extensive STID Updates A. Nine Copies of the Updated STID Lump Sum $ 20,674.00 12. Structural Stability Assessments A. Report and inclusion in Section 8 of the STID Lump Sum $ 29,890.00 13. Sudden-Failure Assessment and Associated Excess Response Time Reduction Plan Lump Sum $ 11,750.00 14. Rock Creek Boil Inspection A. Report and plan of action Lump Sum $ 5,060.00 15. Miscellaneous FERC Coordination Assistance A. Including$2,500.00 Allowance for Functional Exercise Lump Sum $ 5,950.00 GRAND TOTAL $ 253,552.00 We will invoice you monthly for the percentage of each item completed during that month and would expect payment within 15 days following the submittal of our invoice. 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. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 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,PE Principal In Charge Mitchell Murchison,PE Project Manager Thomas H. Robertson,PE FERC Dam Safety Independent Consultant James B.Cranford,PE Lead Structural Engineer John T. Attaway,RLS Chief Surveyor ATTACHMENT D - SCHEDULE FOR PERFORMANCE See attached proposal from Cranston Engineering Group,PC dated April 20,2017. • aocwra ., fl CONSULTANT SERVICES 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). Prior to Authorization To Proceed: El 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. El Cost Proposal that will include cost of surveying, design, preparation of construction plans and specifications, and other services requested in the CH Y'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. El 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: Q Prepare printed responses to comments received from the CITY following reviews. El Provide the necessary plats for easement acquisition and DOT/other permit application. El Prepare Public Works/DOT/Other permit applications for signature by the CITY. El Prepare and submit plans to EPD for review and approval when required. El Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY. 23 OF 25 REVISION DATE: June 2011 4 ,,.:.AUCUBfA:.,,. El 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. Q Fax bid information to CITY. El Attend the Pre-Bid Meeting as a technical reference to the CITY. Q Prepare letter of recommendation for award of the contract. El Develop conformed contract documents and forward to the CITY for execution. Q Attend the pre-construction meeting as a technical reference to the CITY. Q Provide clarification related to the plans/specifications throughout design and construction. Q Provide record drawings at completion of the project electronically, per the Utilities Design Standards and Specifications (latest version). El 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 communication will be construction contractor to resident observer to CONSULTANT to CITY) • Provide clarification of plans and specifications throughout construction • Revise/update plans and/or easement plats as changes occur that require resubmittal to DOT/other agencies. AUGUSTA UTILITIES DEPARTMENT CONSULTANTN1 �/� BY� BY: 1/•��jiri�" /"a.0l . PRINTED NAME: PRLNTED NAME: '• 5rAr let 4.144 #f TITLE: DIRECTOR TITLE: Principal/IiGe Pitt p&Or' DATE: 0 V1 _ 2-01 -7 DATE: /0 { Lg 24 OF 25 REVISION DATE: June 2011 OWN 14, 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. 25 OF 25 REVISION DATE: June 2006 Cranston Engineering Group, P.C. '.YFIIdCiF+ im 'nwat ENGINEERS-PLANNERS -SURVEYORS AUGUSTA-CHARLESTON-HILTON HEAD 452 ELLIS STREET,AUGUSTA,GEORGIA 30901 POST OFFICE BOX 2546,AUGUSTA,GEORGIA 30903 TELEPHONE 706-722-1588 www.cran stonen gineering.com April 20, 2017 Mr. Allen Saxon Assistant Director—Facility Operations Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 Re: Augusta Canal FERC Services 2016-2017 Our File No. 2015-0513 Dear Allen: In accordance with your request and our previous discussions, we are pleased to offer the following revised proposal for accomplishing the necessary engineering and reporting services associated with the compliance requirements of the Federal Energy Regulatory Commission(FERC) on dam and dike safety for the Augusta Canal Hydropower Project. This proposal states our understanding of the project scope, the general tasks that will be needed to comply with the regulation, as well as the fees and anticipated schedule for accomplishing the work. GENERAL: The City of Augusta has applied for a license from the Federal Energy Regulatory Commission for operating the canal for power production. The application process has been lengthy, and the approval of the commission remains a pending matter. Licensed projects must comply with applicable requirements of the Code of Federal Regulations Title 18, Conservation of Power and Water Resources, which includes requirements for dam safety (Chapter 14, Dam Safety Performance Monitoring Program). This program involves a comprehensive approach to technical data reporting, potential failure mode identification, surveillance and monitoring, emergency action, security and vulnerability, and a series of inspections and reports by an independent consultant. This independent consultant is a person who is qualified by education and experience in dams and is pre-approved by FERC as a qualified independent consultant. Our Thomas H. Robertson is such a prequalified individual. The Augusta Canal Hydropower Project includes the canal, diversion dam, banks and drainage works, but excludes the power generating facilities of Sibley, King, and Enterprise Mills, as well as the Augusta Raw Water Pumping Station. The project is subdivided into individual projects identified by FERC by project number as follows: High Hazard -Augusta Canal Left Embankment& Structures (Below Bulkhead) (Project No. 11810-01-02), High Hazard-Augusta Canal Right Embankment (Below Bulkhead) (Project No. 11810-01-03), Significant Hazard -Augusta Canal Left Embankment & Structures (Above Bulkhead) (Project No. 11801-01-01), and Significant Hazard—Augusta Diversion Dam (Project No 11810-02-01). Mr. Allen Saxon April 20, 2017 Page 2 SCOPE OF WORK: The services proposed herein are intended to provide the technical bases for the City's compliance for the applicable requirements of the Federal Energy Regulatory Commission Dam Safety Monitoring Program. The proposed components of the program are more fully described as follows: 1. 2016 & 2017 Emergency Action Plan Orientations and Updates. The annual orientation seminar, drill and review of the Emergency Action Plan will be conducted and the plan will be updated accordingly based on comments received from the attendees and regulatory reviews. The annual orientation and drill will include a meeting of all notification flow chart personnel identified in the Emergency Action Plan. Upon completion of the meeting and subsequent plan updates, revised plan sheets will be distributed to all plan holders, and a status report will be prepared for AUD submittal to FERC. The current FERC deadline for submission is December 31 of each year. The 2016 update includes incorporation of the appropriate changes based on the July 2015 revision of Chapter 6, Emergency Action Plans (EAPs), of the FERC Engineering Guidelines. The 2017 update includes attendance and participation in a joint Annual Functional Exercise with the Stevens Creek Hydroelectric Project. 2. 2016 & 2017 Public Safety Plan Reviews and Updates. The Public Safety annual field inspection, plan review and plan update will be conducted in accordance with FERC regulations. Should revisions be required, revised plan sheets will be distributed to all plan holders and a status report will be prepared for AUD submittal to FERC. The current FERC deadline for submission is December 31st of each year. 3. 2016 Surveillance and Monitoring Plan Annual Reports and Updates. The annual Surveillance and Monitoring Report will be compiled in accordance with the FERC requirements. We will also review the plan and make any necessary updates which may be required because of changed conditions. Should revisions be required, revised plan sheets will be provided to AUD along with the annual report for submission to FERC. The current deadline for submission is December 31, 2016. 4. 2017 Surveillance and Monitoring Plan Annual Reports and Plan Reprint. The annual Surveillance and Monitoring Report will be compiled in accordance with the FERC requirements. This review will also include a complete reprint of the plan based on the outcome of the Supplemental PFMA, and consolidation of the existing sections of the report. The reprinted plans will be provided to AUD along with the annual report for submission to FERC. The current deadline for submission is December 31, 2017. 5. 2016 & 2017 Owners Dam Safety Program Annual Reports and Updates. The annual Owners Dam Safety Plan Report will be compiled in accordance with the FERC requirements. We will also review the plan and make any necessary updates required because of changed conditions. Should revisions be required, revised plan sheets will be provided to AUD along with the annual report for submission to FERC. The creation of the training plan is a separate item, not included in this review. The current deadline for submission is December 31St of each year. • Mr. Allen Saxon April 20, 2017 Page 3 6. Intensive Supplemental Potential Failure Mode Analysis (PFMA). This requirement was generated based on the recommendations from Section 11 of the 2014 Part 12D Independent Consultant Dam Safety Report (Part 12 Report). This work should begin in late 2016 and be completed by May 31, 2017. The intent is to provide a thorough investigation that considers a broader range of possible impacts that could result in failures of the Augusta Canal embankments and pose a threat to life and property using the latest guidelines and requirements of FERC, including Risk Informed Decision Making (RIDM). It will begin with the existing PFMA listings and include additional information based on Geology and Seismicity with the latest USGS values. 7. Instrumentation Documentation.Based on recommendations from Section 11 of the 2014 Part 12D Report, we will assist in the further development and implementation of measurement and instrumentation for various flows, including seepages as well as other instrumentation not currently documented within the Surveillance and Monitoring Plan. In addition, we will recommend applicable threshold and action levels for each location. 8. Detailed Inspection. During the next drawdown which is currently scheduled for early 2017, we will perform a detailed inspection of the canal embankment including previously documented undercut areas, animal burrows, and the seepage areas. The seepage area investigations will include periodic monitoring of known seepages during the canal drawdown process. Once we have completed all associated inspections and subsequent investigations, we will develop a report of our findings including maps and detailed descriptions of all areas of interest. 9. Reed Creek Seepage Measurement System. We will design a system that allows for a more definitive evaluation and monitoring of the existing seepage at the Reed Creek Waste Gates. During the 2015 annual inspection the flows appeared to have increased and evidence of sediment was present. The new system will provide more accurate measurement and timely identification of the changing conditions. 10. Long Gate Spillway Spalled Areas. During the canal drawdown we will closely inspect the condition of the Long Gate Spillway to identify the extent of the existing spalling and develop a method to monitor and measure changes. This will allow for timely planning of repairs or modifications if needed. This inspection will also include an underwater dive and inspection of the upstream face before the drawdown by a registered structural engineer. 11. Extensive Supporting Technical Information Document (STID) Updates. This document will be updated to include all of the information discovered during the Supplemental PFMA as well as other items determined during the various studies and reviews performed as a part of this proposal. 12. Structural Stability Assessments. Based on previous guidance and requests by FERC, structural stability assessments have been completed for the Canal Headgates, Bulkhead Gates, Weigle's Gate, and Thirteenth Street Gates. However, based on the FERC April 30, 2015 response letter to the 2014 Part 12D Report, the remaining gravity concrete water retaining structures (Tin House Gates, Long Gate Spillway, Rock Creek Waste Gates, and Reed Creek Waste Gates) also need to be analyzed using the latest FERC guidelines. We will complete these analyses and include the results in Section 8 of the updated STID. Mr. Allen Saxon April 20, 2017 Page 4 13. Sudden-Failure Assessment and Associated Excess Response Time Reduction Plan. The Sudden-Failure Assessment will be completed in accordance with the July 2015 revision of Chapter 6, Emergency Action Plans (EAPs), of the FERC Engineering Guidelines. This assessment is required for all time-sensitive Emergency Action Plans. The assessment will include determination of Time to Impact, Detection Time, Verification Time, Notification Time, Licensee's Total Response Time, EMA's Response Time, and Excess Response Time. If the Excess Response Time is determined to be negative, which is anticipated, an Excess Response Time Reduction Plan will be developed to attempt to decrease the detection, verification, and notification times. This plan will include coordination with EMA's to identify possible measures to reduce response times such as possible enhanced warning systems, public education, etc. The plan will not include the detailed development and/or implementation of such measures. 14. Rock Creek Boil Inspection and Plan of Action Development. We will provide a detailed inspection of the series of boils occurring near the Rock Creek Gate outfall channel and develop a plan of action for further monitoring and repairs. 15. Miscellaneous FERC Coordination Assistance. We will provide assistance developing subsequence response letters and general coordination with FERC representatives and review and provide comments on the Owners Dam Safety Program Training materials and process once developed by your staff. We have also included an allowance for AUD participation in the Annual Functional Exercise with the Stevens Creek Hydroelectric Project. PROJECT DELIVERABLES: Task: Deliverables: 1) 2016 & 2017 Emergency Action Plan A) Conduct the Annual Drill and Orientation Orientations and Updates Exercise B) Nine Copies of Updated Plan C) Nine Copies of Signed Plan Holder Verification Forms D) Nine Copies of Annual Report 2) 2016 &2017 Public Safety Plan Reviews A) Nine Copies of Updated Plan and Updates B) Nine Copies of Annual Report 3) 2016 Surveillance and Monitoring Plan A) Nine Copies of Reprinted Plan Annual Reports and Plan Reprint B) Nine Copies of Annual Report 4) 2017 Surveillance and Monitoring Plan A) Nine Copies of Updated Plan Annual Reports and Updates B) Nine Copies of Annual Report 5) 2016 &2017 Owner's Dam Safety A) Nine Copies of Updated Plan Program Annual Reports and Updates B) Nine Copies of Annual Report 6) Intensive Supplemental PFMA A) Nine Copies of Report and inclusion of information in other updated plans 7) Instrumentation Documentation A) Inclusion of the information in the 2016 Re- write of the Surveillance and Monitoring Plan 8) Detailed Inspection A) A separate report on the results of the S � Mr. Allen Saxon April 20, 2017 Page 5 inspection and inclusion of the relevant material in other reports 9) Reed Creek Seepage Measurement A) A separate report and plans describing the System system, outlining its implementation, and incorporation of the relevant material in other reports 10) Long Gate Spillway Spalled Areas A) A separate report and detailed survey describing the conditions and recommendations of how to implement the monitoring plan 11)Extensive STID Updates A) Nine copies of the Updated STID 12) Structural Stability Assessments A) A separate report describing the work performed and the conditions discovered as well as inclusion in Section 8 of the STID 13) Sudden-Failure Assessment and A) Nine copies of the Assessment and Plan Associated Excess Response Time Reduction Plan 14) Rock Creek Boil Inspection and Plan of A) A separate report and plan of action describing Action Development the conditions and recommended next steps * It is anticipated that the Augusta Utilities Department will submit all Reports and Documents to the Federal Energy Regulatory Commission. Note: Additional copies of all documents will be available at the cost of reproduction. FEE PROPOSAL: We propose to accomplish the individual items listed below at the fees and terms for each item shown. 1. Emergency Action PIan Orientations and Updates A. 2016 Emergency Action Plan Orientation and Update Lump Sum $ 16,400.00 B. 2017 Emergency Action Plan Orientation and Update Lump Sum $ 16,620.00 Subtotal $ 33,020.00 2. Public Safety Plan Reviews and Updates A. 2016 Public Safety Plan Review and Update Lump Sum $ 4,320.00 B. 2017 Public Safety Plan Review and Update Lump Sum $ 4,320.00 Subtotal $ 8,640.00 Surveillance and Monitoring Plan Annual Reports and Updates 3. 2016 Surveillance and Monitoring Plan Annual Report and Update Lump Sum $ 5,230.00 • . Mr. Allen Saxon April 20, 2017 Page 6 4. 2017 Surveillance and Monitoring Plan Annual Report and Complete Re-write of the Plan Lump Sum $ 14,280.00 Subtotal $ 19,510.00 5. Owner's Dam Safety Program Annual Reports and Updates A. 2016 Owner's Dam Safety Program Annual Reports and Updates Lump Sum $ 1,760.00 B. 2017 Owner's Dam Safety Program Annual Reports and Updates Lump Sum $ 1,760.00 Subtotal $ 3,520.00 6. Intensive Supplemental PFMA A. Nine copies of the Report Lump Sum $ 74,240.00 7. Instrumentation Documentation A. Inclusion in the 2016 Re-write of the Surveillance and Monitoring Plan Lump Sum $ 12,800.00 8. Detailed Inspection A. Report and inclusion of the relevant material in other reports Lump Sum $ 14,730.00 9. Reed Creek Seepage Measurement System A. Report on the system and inclusion of the relevant material in other reports Lump Sum $ 4,118.00 10. Long Gate Spillway Spalled Areas A. Report describing the conditions and implementation recommendations Lump Sum $ 9,650.00 11. Extensive STID Updates A. Nine Copies of the Updated STID Lump Sum $ 20,674.00 12. Structural Stability Assessments A. Report and inclusion in Section 8 of the STID Lump Sum $ 29,890.00 13. Sudden-Failure Assessment and Associated Excess Response Time Reduction Plan Lump Sum $ 11,750.00 • Mr. Allen Saxon April 20, 2017 Page 7 14. Rock Creek Boil Inspection A. Report and plan of action Lump Sum $ 5,060.00 15. Miscellaneous FERC Coordination Assistance A. Including $2,500.00 Allowance for Functional Exercise Lump Sum $ 5,950.00 GRAND TOTAL $ 253,552.00 We will invoice you monthly for the percentage of each item completed during that month and would expect payment within 15 days following the submittal of our invoice. TIME OF COMPLETION: We are prepared to begin work at your direction and will work with you and your staff to ensure that any associated AUD and FERC deadlines are met. All completion dates may be adjusted based on changing requirements over the next eighteen months. We appreciate the opportunity of making this proposal and trust that you find it satisfactory. We stand ready to prepare and forward to you a standard form engineering contract covering this assignment at your request. Should you have any question concerning the scope of the services offered, or the fees,please do not hesitate to give us a call. Sincerely, CRANSTON ENGINEERING GROUP,P.C. **°°°1"2,001'.- D. Scott Williams, P.E. DWS/vlk G:\AA-ACTIVE JOB FILES%2015120150513-AUGUSTA CANAL FERC SERVICL•S 2016-201MA-PROPOSAL-CONTRACT-PROJCCIPLANt20150513„201709-20,a OWS PROPOSAL-16-17-FERCSERVICES.DOC Cranston Engineering Group, P.C. AIM lictoirmiit, ENGINEERS-PLANNERS-SURVEYORS Kir +►rar!,�s AUGUSTA-CHARLESTON-HILTON HEAD 452 ELLIS STREET,AUGUSTA,GEORGIA 30901 POST OFFICE BOX 2546,AUGUSTA,GEORGIA 30903 TELEPHONE 706-722-1588 www.cranstonengine ering.com January 30,2017 SCHEDULE OF RATES& CHARGES TIME & MATERIAL BASIS Personnel Charges: Senior Principal Engineer/Planner $260.00 Per Hour Senior Principal Engineer $205.00 Per Hour Principal Engineer $190.00 Per Hour Senior Professional Engineer $160.00 Per Hour Professional Engineer $125.00 Per Hour Project Engineer II $95.00 Per Hour Project Engineer I $85.00 Per Hour Senior Engineering Technician $115.00 Per Hour Engineering Technician II $80.00 Per Hour Engineering Technician I $70.00 Per Hour Landscape Architect I $85.00 Per Hour Senior Land Surveyor $150.00 Per Hour Land Surveyor $115.00 Per Hour Project Surveyor II $90.00 Per Hour Project Surveyor I $80.00 Per Hour Survey Technician I $65.00 Per Hour Survey Party $140.00 Per Hour Survey Party—Robotic Scanner $150.00 Per Hour CADD Technician II $65.00 Per Hour CADD Technician I $55.00 Per Hour Construction Observer II $70.00 Per Hour Construction Observer I $65.00 Per Hour Secretary/Administrative Assistant $60.00 Per Hour Reimbursable Charges: Mileage IRS Rate plus 15% Paper Prints $0.50/Square Foot Other Reimbursable Items Cost plus 15%