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LUMP SUM AGREEMENT FOR
GEOTECHNICAL CONSULTING SERVICES
BE1WEEN
Augusta. Georgia. a political subdivision of the State of Georgia
Acting by and through the
Richmond County Commission
Hereinafter Referred to as Owner
AND
CSRA Testing & Engineering Co.. Inc.
an Engineering Firm Registered on the State of Georgia
Hereinafter Referred to as Geotechnical Consultant
PROJECT:
Geotechnical Engineering Consulting Services
for the Augusta Richmond County TEE Center
LUMPSUM.SF 12129109
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DATE: December 29,2009
TABLE OF CONTENTS
Pae:e
1. Basic Services.... ... ............. ............. .......... ........... ............... ........... ........... ........................ ......... ..... .......... 1
2. Owner's Responsibilities. ..... .... .... ......... ... ........... ........ ... .... ........ ... ........... ............ ......... ... .............. .......... 1
3. Compensation ....... ........... ......... .... ......... .............. ........... .... ........... ........... ............ ............ ............ ............ 1
4. Additional Services ......... ............. ............ ........... ........ ... .... ........... ........... ........ .... ... ...... ... ......... ... ............ 1
5. Period of Performance...... ........ .... ............ ........... ............... ........... ........... ........ ................ ............ ............ 2
6. Mutual Indemnity............ ........ .... ............ ............ ...... .... .... ........... ........... ........ ................ ......... ............... 2
7. Ownership of Documents ............. ............. .......... .......... ................... ........ ........ .... ............ ............ ............ 2
8. Standard of Care. ............. ...... ...... ............ ........... ............. ............. ........... ............. ........... .............. .......... 2
9. Governing Law.... ............. ....... ..... ............ ........... ............. ............. ........ ... .......... ... ........ .......... ....... .......... 3
10. Assignment and Delegation.... ..... ............. ................. ...... ............. ........... ............. ........ ..... ............ .......... 3
~ 1. Termination ......... ......... ... ........ ..... ................ ........ ............ .............. .......... ............. ........... ....... ....... .......... 3
12. Information or Product Usage .... ......... ..... ........... ............ ............. ........................ ............. ......... ............. 3
13. Extent of Agreement ...... ;........ .................. ........... ............ .......... ........................... ............. ............ .......... 3
14. Third Party........... .......... ............. .............. ......... .............. .............. ......... ........... ... .......... ... ..... ....... .......... 3
15. Notice. .................. ............. ....... .... ................. ...... .............. .............. ........... ............ .... ...... ... ......... ... .......... 3
16. Dispute Resolution ........... ........... ................. ....... ............ ............... ......... ................ ........... ........... ........... 3
Attachment A Basic Services.... ............. .......... ..... ......... ............... ..................... .................. ........... ............ ......AI
Attachment B Schedule of Payments..... ......... ....... ........ ............... ........ ... ........... ............... ............... .......... ......Bl
Attachment C Project Schedule.. ...... ...... ............. ... ........ .... ............ .......... ......... ... .............. ............. ............ ...... CI
LUMPSUM.SF 12129109
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LUMP SUM AGREEMENT
December 29, 2009
Owner and CSRA Testing & Engineering Co., Inc. mutually agree as follows:
1. BASIC SERVICES. Geotechnical Consultant shall provide to the Owner, for the Geotechnical
Consulting Services for the Augusta Richmond County TEE Center, the certain services as
described in Attachment A, Basic Services, for the Project, attached hereto and incorporated
herein. Unless specified in Attachment A, Basic Services, any further service required of
Geotechnical Consultant shall be considered Additional Services in accordance with Article 4.
2. OWNER'S RESPONSIBILITIES. The Owner shall provide full information regarding his
requirements for the Project.
The Owner shall furnish all surveys and other such reports and all legal, accounting and insurance
counseling services as may be necessary for the Project at the Owner's expense.
The Owner will be assisted by their Construction Program Manager (CPM), who is under a
separate contract with the Owner. The CPM will represent the Owner and function as the primary
point of contact for the Geotechnical Consultant for all matters, except as designated otherwise, in
writing, by the Owner or CPM.
3. COMPENSATION. For the Basic Services under this Agreement, Geotechnical Consultant shall
be paid as total basic compensation the Lump Sum of fourteen thousand two hundred and ftfty
($14,250.00), which shall be paid in the installments listed in Attachment B, Schedule of
Payments, attached hereto and incorporated herein.
Payments under Articles 3 and 4 shall be due and payable upon presentation of Geotechnical
Consultant's invoices to the Owner, but not later than thirty days after such presentation.
No deductions shall be made from Geotechnical Consultant compensation on account of any claim
of Owner, or any liquidated damages, retainage or other sums claimed or withheld by the Owner
from payments to contractors, design consultants, or others.
In the event any invoice submitted by Geotechnical Consultant for sel'Vlces rendered or
Reimbursable Expenses is not paid within sixty days from receipt of the invoice, Geotechnical
Consultant shall have the right to cease or suspend all performance required under this
Agreement until the invoice is paid in full. Notwithstanding anything herein to the contrary, such
cessation or suspension of work by Geotechnical Consultant shall not be deemed a breach of this
Agreement in whole or in part. The decision by Geotechnical Consultant not to cease or suspend
performance if there is a non-payment shall not constitute a waiver of its right to stop work as long
as a non-payment condition exists.
Compensation does not include local, state or federal sales, use, gross receipts, excise, personal
property or other similar taxes or duties with respect to the Services, and any such taxes or duties
shall be assumed and paid for by the Owner.
4. ADDITIONAL SERVICES. Geotechnical Consultant shall perform Additional Services upon
mutual consent of the Owner and Geotechnical Consultant and upon written authorization to
proceed from the Owner. Such Additional Services shall be paid for in accordance with this
LUMPSUM.SF 12/29/09
Agreement. Compensation shall be based on Time Spent basis plus Reimbursable Expenses, in
accordance with Attachment B, paragraph 2, unless otherwise mutually agreed.
5. PERIOD OF PERFORMANCE. The period of performance under this Agreement shall begin upon
receipt of a Notice to Proceed from the Owner. Work shall be prosecuted in accordance with
Attachment C, Project Schedule, with the understanding that time is of the essence of this
Agreement. If the Project is delayed through no fault of the Geotechnical Consultant, all specific
dates noted in the Schedule that are affected by the delay will be adjusted by the number of
calendar days of the delay. Furthermore, if the Owner materially revises the Project, a reasonable
time extension shall be negotiated between the Geotechnical Consultant and the Owner.
6. MUTUAL INDEMNITY. Geotechnical Consultant agrees to indemnify and hold harmless the
Owner and its officers, agents and employees from any injury, loss, expense or damage to any
person or to property, tangible or intangible, to the proportionate extent attributable to a negligent
act by Geotechnical Consultant in connection with the performance of its services under this
Agreement.
The Owner agrees to indemnify, hold harmless, and defend Geotechnical Consultant and its
officers, agents and employees from any injury, loss, expense or damage to any person or to
property, tangible or intangible, to the proportionate extent attributable to any negligent or willful
act by the Owner in connection with the performance of this Agreement.
Geotechnical Consultant shall not be responsible for the acts or omissions of any contractor,
subcontractor, or design consultant used with respect to the Project or the adequacY or accuracy of
any part or all of the Project design.
Geotechnical Consultant and the Owner shall not be liable to each other for any delays in the
performance of their obligations and responsibilities occurring beyond their reasonable controls
and/or without their fault or negligence, including but not limited to, any of the following events or
occurrences: fire, flood, earthquake, epidemic, atmospheric condition of unusual severity, war, and
strikes. However, in the event of any such delays, the Period of Performance under Article 5 shall
be extended by a period of time corresponding with the period for which the Work was delayed and
Geotechnical Consultant shall be entitled to an equitable adjustment in its Compensation.
The above indemnities shall survive expiration or termination of this Agreement.
7. OWNERSHIP OF DOCUMENTS. Upon termination or expiration of this Agreement, Geotechnical
Consultant shall upon written request from the Owner return to the Owner all documents and
records provided by the Owner, and any information or materials derived therefrom, which are in
Geotechnical Consultant's possession or control. However, Geotechnical Consultant shall be
allowed to make copies of such documents, records, information and material.
8. STANDARD OF CARE. Geotechnical Consultant covenants with the Owner to furnish its
professional skill and judgment with due care in accordance with the generally accepted standards
of geotechnical consulting practice and in accordance with the federal, state and local laws and
regulations which are applicable to the performance of the Services and which are in effect on the
date of this Agreement. Notwithstanding any other provision to the contrary, except for the
express covenant regarding the above described standard of care, Geotechnical Consultant neither
makes, nor offers, nor shall Geotechnical Consultant be liable to the Owner for, any express or
implied warranties with respect to the performance of Geotechnical Consultant's Services.
Geotechnical Consultant shall not be regarded as a guarantor with respect to any work product
provided hereunder.
LUMPSUM.sF 12129/09
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9. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Georgia.
10. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any duties
under this Agreement without the express prior written consent of the other, with the exception of
the account receivables which may arise from this Contract that Geotechnical Consultant may
assign in its normal course of business.
11. TERMINATION. Either party may terminate this Agreement for any reason by giving the other
party written notice at least fifteen days prior to the effective date of termination. In the event of
termination by Owner, the Owner shall pay Geotechnical Consultant for all amounts not
previously billed and due to Geotechnical Consultant as of the effective date of termination, and all
reasonable termination expenses.
12. INFORMATION OR PRODUCT USAGE. Geotechnical Consultant shall provide the Services
under this Agreement as an independent contractor. It is expressly understood that how and for
what purpose the Owner shall use any information or products generated by Geotechnical
Consultant under this Agreement is not within the control of Geotechnical Consultant.
Geotechnical Consultant assumes no responsibility for the ultimate suitability of the information
or products or for the ultimate consequences or liability resulting from use in a manner contrary to
the Geotechnical Consultant's intent.
13. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement
between the Owner and Geotechnical Consultant and supersedes all prior negotiations or
representations of each party, and shall be amended only by a writing signed by both parties.
14. THIRD PARTIES. This agreement is not intended to create nor shall it be construed as creating
any contractual relationship or obligations between Geotechnical Consultant and any third party,
including but not limited to any Construction Program Manager or any Contractor, except where
expressly stated herein. Nothing contained in this Agreement, nor the performance of the parties
hereunder shall inure to the benefit of any third party. Neither party may assign any rights or
claims arising under this Agreement to any third party without the other party's written consent.
15. NOTICE. Notices hereunder shall be delivered personally or by mail, postage prepaid, certified or
registered, return receipt requested, to the address of the receiving party set out below.
16. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its alleged
breach, and if that dispute has not been settled through direct discussions within a reasonable
period, the parties to this Agreement agree to first endeavor to settle the dispute in an amicable
manner by submitting the dispute to a mutually acceptable mediator under the Construction
Industry Mediation Rules of the American Arbitration Association, before having recourse to a
judicial forum. Should mediation of disputes prove unsuccessful, the parties to this Agreement
agree that the matter(s) in question will be decided in the Superior Court of Richmond County,
Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue
in the Superior Court of Richmond County, Georgia
LUMPSUM.SF 12/29/09
This Agreement executed the day and year first written above.
OWNER
GEOTECHNICAL CONSULTANT
Augusta, Georgia, a political
CRSA Testing & Engineering Co., Inc., an
Subdivision of the State of Georgia
Engineering Firm Licensed in the State
Acting by and through the
of Georgia
Richmond County Conunission
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LUMPSUM.SF 12/29/09
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ATTACHMENT A
BASIC SERVICES
The Work consists of geotechnical exploration, analysis and recommendations, relative to the new TEE
Center planned for downtown Augusta. The new TEE Center will be located near the corner of James
Brown Boulevard and Reynolds Street, where now exists an abandoned warehouse.
Basic Services to he executed under this Agreement include the following:
Scone of Work
1. Perform thorough reconnaissance of the site and have all underground utilities located and marked
on the ground surface.
2. Mobilize drilling equipment.
3. At locations shown per attached Preliminary Boring Locations layout, perform six (6) geotechnical
borings with standard penetration tests in accordance with ASTM D-1586. Obtain split spoon soil
samples, place in sample jars, label, and transport to CRSA's laboratory. All borings to extend to
bed rock strata estimated to be between 50 and 100 feet below the ground surface. Measure and
obtain elevation of groundwater after a minimum of 24 hours.
4. Provide a site " specific seismic assessment, utilizing shear wave velocity testing in accordance with
the IBC (International Building Code) 2006.
5. Provide ground resistivity testing for the project site.
6. Remove and dispose of all materials, rubbish and debris resulting from the geotechnical borings
and other "on "site" testing. Backfill test pits as required to original grades. Backfill or grout all
soil boring and rock coring holes.
7. Provide visual analysis, classification, and laboratory testing of split spoon soil samples as
necessary to provide the data to be included in the engineering report.
8. Prepare and provide an engineering report describing the work performed and including the thirty-
one (31) items required on pages 12 and 13 of 36 in the Augusta Richmond County RFP Item #09-
135 requirements.
LUMPSUM.SF 12/29/09
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ATfACHMENt A - PREUMINARY BORING LOCATIONS
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ATTACHMENT B
SCHEDULE OF PAYMENTS
Payments to Geotechnical Consultant by the Owner for Basic Services rendered shall be made upon
completion of the following:
INSTALLMENT
NUMBER
DESCRIPTION
INSTALLMENT
AMOUNT
1
2
3
Borings
Draft Report
Final Report
$5,000.00
$5,000.00
$4,250.00
$14,250.00
TOTAL BASIC COMPENSATION
LUMPSUM SF 12/29/09
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ATTACHMENT C
PROJECT SCHEDULE
The subsurface exploration will commence within fourteen (14) days after receiving a Notice to Proceed
(NTP). The entire work program described herein will be completed in sixty (60) calendar days.
Intermediate portions of the work will be completed as follows:
1. Completion of recommendations for the site coefficient for soil characteristic in accordance with the
IBC 2006 - twenty-five (25) calendar days from the NTP.
2. Completion of field drilling, sampling and testing - thirty (30) calendar days from NTP.
3. Completion oflaboratory analysis and testing - forty (40) calendar days from NTP.
4. Completion of the geotechnical and foundation engineering report:
Draft - fifty (50) calendar days from the NTP
Final - sixty (60) calendar days from the NTP
LUMPSUM SF 12129109
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July 27, 2009
'Ar2-e.- A 'O"...-'\I'''''''-''? "-~"'--r'Z
procurement Department
530 Greene Street, Room 605
Augusta, Georgia 30901
Attn: Geri A. Sams, Procurement Director
Re: RFP.lt~.n}#09: 138
G~9t~gfun.!~~1 Tf;.~tlriipaISei'ViceS for the
Aligu$ta TEE C~riter
Dear Ms. Sams:
As requested, we are pleased to present the following proposed fee for the above referenced
project.
1 . Mobilization
$ 300.00
$ 250,00
$ 6,000.00
$ 2,000.00
$ 2,000.00
$ 400.00
$ 800.00
$ 2,000.00
$ 500.00
$ 14,250.00
2. Locate Undergrqtll'ldLJtHities
3. Geotecbnicgl~6fjf'l9S -to oedTQck
6 each @~1iOQQiOOi(
4. Shear WaveV(:)locity-Test
5. Ground Resi$~ivltyTest
6. Clean UpSit$,B~~kf1ll8otiI:1S$anq Demobilize
7. Provide lab,or<:ltqrY:te$tingandcla.$$ific~tjOn
ofSoU $ali;1p1~~. . .
8. prepC3r~and'prq1jid.~ehgjneeringteport
as required. .
9. Review ofthe A/5:~GontrlilctDQcuments
(drawings ano. speCifications)
Total PropOsed Lump Sum Fee
Thank you for this opportunity.
Sincerely,
~~ f!l1
;James M. Pope, P.E,
President
Member of American Society for Testing and Materials
Augusta-Richmond County
CAPITAL IMPROVEMENTS PROGRAM MANAGEMENT
501 Greene Street, Suite 307, Augusta, Georgia 30901
(706) 821-2426; FAX (706) 821-2484
Letter of Transmittal
~ For approval D For Your Files D Revise & Submit
D As requested D For Your Use D Furnish as requested
D For Your Information D As Discussed ~ For Review & Comment
DATE:
31 DEC 09
TO:
Chiquita Johnson
Chief Counsel, Augusta Law Dept.
501 Greene Street
Augusta, GA 30901
FROM:
Jack Turner, Heery International
31 AM10:~8
SUBJECT: Agreement with CSRA Testing & Engineering Co. Inc. for Geotechnical Engineering
Consulting Services at proposed New Exhibition (TEE) Center site
Qtt Date Descriotion of Item
2 12/29/09 Partially Executed Contract for Geotechnical services with CSRA Testing &
Engineering Co., for TEE Center
1 12/29/09 Signed approval from Fred Russell for Geotechnical services with CSRA
Testing & Engineering Co., for TEE Center
Comments:
Chiquita,
Fred Russell has approved funding for this work. Please review and, if acceptable, forward to the Mayor
for his signature. Please let me know if you need anything else.
Thank you.
Jack Turner
706.842.5543
ITEM: as described above
[gI Attached
D Under Separate Cover Via_
If Enclosures are not as noted kindly notifY us at once.
CC: Fred Russell, file
AUGUSTA LAW DEPARTMENT
DAVID S. COPENHAVER
Mayor
WAYNE BROWN
KENNETH S. BRAY
Staff Attorneys
Augusta Law Department
Matt Aitken
Corey Johnson
Joe Bowles
Alvin Mason
Bill Lockett
Joe Jackson
Jerry Brigham
Jimmy Smith
J. R. Hatney
Don Grantham
ANDREW G MACKENZIE
Interim General Counsel
Augusta Law Department
ALVIN MASON
Mayor Pro Tern
Frederick L. Russell
Administrator
January 6,2010
Mayor Deke Copenhaver
Augusta-Richmond County, Georgia
530 Greene Street
Suite 802
Augusta, Georgia 30901
Dear Mayor Deke:
Please find enclosed the agreement with Augusta, Georgia and CSRA TESTING & ENGINEERING
CO. INC. for Geotechnical Engineering Consulting Services at proposed New Exhibition (TEE)
Center site that I have reviewed as to form and substance. Fred Russell, Augusta-Richmond
County Administrator Approved this agreement on July 27,2009.
I have tabbed the applicable portions of the agreement for your signature with yellow flags. After
your signature and dating, the contract may be executed by the Clerk of Commission, Ms. Lena
Bonner.
The originals of the agreement should be returned to the originating department and the attention
of: Jack Turner, Heery International, 501 Greene Street, Suite 307, Augusta, GA 30901.
Thank you for your consideration in this matter.
Sincerely,
00' j)j/ / iJ; ....
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(;{;~dW)j ,0 ,0 l1tttt!tJ~
Andrew G. MacKenzie '
Enclosure
Cc: Jack Turner
501 Greene Street, Suite 302
Augusta, Georgia 30901
(706) 842-5550 - Fax (706) 842-5556