HomeMy WebLinkAboutArcadis Geraghty and Miller
Augusta Richmond GA
DOCUMENT NAME: (Jr<C~"j)., S ~ ~l<AJ \-tT'f ~ tn ,,-,-,,,, ~
DOCUMENT TYPE: C- 'DrJ T RAe-r
YEAR: 1 g9 ~l
BOX NUMBER: lo
FILE NUMBER: J '-/ D'6Q
NUMBER OF PAGES:
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AUGUSTA-RICHMOND COUNTY, GEORGIA
STANDARD CONTRACT FOR SERVICES
This Contract is entered into on and as of February 24, 1999, by and between Augusta,
Georgia, acting by and through the Augusta Richmond Richmond County Commission
and Arcalclis Geraghty & Miller; This contract is prepared in accordance with the
Purchasing Regulations of Aug~sta-Richmond County and shall be controlled by
provisions thereof.
A. Definitions
As used in this Contract the terms below are defined as follows:
1. "Augusta-Richmond County" shall mean Augusta, Georgia, acting by and
through the Augusta-Richmond County Commission.
2. "Contract Administrator", shall mean the individual and/or department
assigned to administer this Contract for Augusta-Richmond County, to wit:
the Augusta-Richmond County Public Works and Engineering Department
and its Director.
3. "Contractor" shall mean Arcadis Geraghty & Miller, whose authorized
representative is Robby Howell, Project Manager, who is responsible for the
performance obligation of the Contractor under the Contract.
4. "Commission" shall mean the Augusta-Richmond County Commission.
B. Contract Period
All work under this contract shall be completed in a timely fashion. Unsatisfactory
progress notification may be provided to Contractor by Augusta-Richmond County
and. Contractor shall have at least 30 days to correct before being considered in
default.
C. Incorpbration of Documents
ThE: following documents are hereby incorporated by reference into this contract:
1.
Contractor's Proposal: Augusta-Richmond County Deans Bridge Road
Municipal Solid Waste Landfill, Phase II C - Cell 2 Construction November
13, 1998.
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2.
Contractor's Fee Proposal: Augusta-Richmond County Landfill, Phase II C
- Cell 2 Construction December 22, 1998.
3. Augusta-Richmond County's RFP: #98-190
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Augusta-Richmond County Deans Bridge Road Municipal Solid Waste
Landfill, Phase II C - Cell 2 construction (Engineering Services and
Construction Quality Assurance Services October 5, 1998.
4.
Contractor's Presentation for proposed services December 9, 1998.
In the event of any inconsistency between the Contractor's submission and Augusta-
Richmond County's solicitation, the terms and conditions of the solicitation shall
control.
D. Provision of Services
The Contractor hereby agrees to provide Augusta-Richmond County the services
described herein and further outlined in Proposed, Scope of Work. The Scope of
Work shall take precedence over the documents set forth in Section C, above, in the
event of inconsistency.
E. Contract Amount
In return for the services identified above, and subject to the "Non-Appropriation of
Funds" clause herein, Augusta-Richmond County certifies that sufficient funds are
budgeted and appropriated and shall compensate the Contractor an amount not to
exc,eed $279,813 in accordance with the formula for payments set forth in your
proposal. Contractor shall not invoice, or receive any payments in excess of this
amount, except pursuant to the provisions of Section K herein.
F. Method of Payment
Th(~ Contractor shall submit invoices listing the services performed and completed
as outlined in the proposal. The invoice should cite the Purchase Order Number,
Contract Number, and date of services or delivery of an end product. Augusta-
Richmond County shall pay consultant within 30 days in receipt of an appropriate
invoice.
G. Time of Essence and Completion
Time shall be of the essence to this Contract, except where it is herein specifically
provided to the contrary.
H. KeyPersonnel
1. The Contractor shall assign to this Contract the following key personnel:
PROJECT MANAGER & MANAGEMENT OVERVIEW
Robby Howell
Arcadis Geraghty and Miller
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CONSTRUCTION QUALITY ASSURANCE
Sam Nejad
Oasis Construction Services Incorporated
LABORTORY CONSULTANTS
Geosyntec Consultants
Precision Geosyntec Laboratories
Summit Environmental Incorporated
2. During the period of performance, the Contractor shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death, or
termination of employment. The Contractor shall notify the Augusta-
Richmond County Director of Public Works and Engineering within five (5)
calendar days after the occurrence of any of these events and provide the
information required by the paragraph below.
3. The Contractor shall provide 'a detailed explanation of the circumstances
necessitating the proposed substitutions, complete resumes for the proposed
substitutes, and any additional information requested by the Augusta-
Richmond County Director of Public Works and Engineering. Proposed
substitutes should have comparable qualifications to those of the persons
being replaced. The Augusta-Richmond County Director of Engineering will
notify the Contractor within fifteen (15) calendar days after receipt of all
required information of the decision on substitutions. This clause will be
modified to reflect any approved changes of key personnel.
I. Inspection and Acceptance
All tasks and reports shall be conducted and completed in accordance with
recognized and customarily accepted industry practices, and shall be considered
complete when the products are approved as acceptable by the Department of
Natural Resources Environmental Protection Division in writing. In the event of
rej(~ction of any report or deliverable, the Contractor shall be notified in writing and
shall have ten (10) working days from date of issuance of notification to correct the
defi!ciencies and re-submit the report/deliverable. Failure to submit acceptable
work within the ten (10) days may constitute a breach of this contract for which the
Contractor may be held in default.
J. Assi2nability of Contract
Nefther this Contract, nor any part hereof, may be assigned by the Contractor to
any other party without the express written permission of Augusta-Richmond
County, Georgia. Contractor shall furnish to the Augusta-Richmond County Solid
Waste Division and a listing of all subcontractors who perform any work or service
undler this Contract, and Augusta-Richmond County reserves the right to reject any
proposed subcontractor. Further, any subcontractor shall agree that it shall not
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participate in any way, directly or indirectly, for a period of three (3) years
following completion of this Contract, in any leasing, renovating, acquisition, or new
comtruction that might be proposed in the final report provided for herein, and all
subcontractors shall provide for such waiver by the subcontractor.
K. Modifications or Chan~es to this Contract
All modifications and changes to this Contract shall be in writing and signed by
both parties.
. The Contract Administrator with the approval of the Commission, shall have the
authority to order changes in this Contract which affect the cost or time of
performance. Such changes shall be ordered in writing specifically designated to be
a "Change Order". Such change orders shall be limited to reasonable changes in
the services to be provided or the time of delivery; provided that the Contractor
shall not be excused from performance under the changed Contract by failure to
agree to such changes, and it is the express purpose of this provision to permit
unilateral changes in the Contract now subject to the conditions and limitations
herein.
Th(~ Contractor need not perform any work described in any Change Order unless
it has received a written certification from Augusta-Richmond County that there
are funds budgeted and appropriated sufficient to cover the cost of such changes.
Tht~ Contractor shall make a demand for payment for completed changed work
within thirty (30) days of completion of Change Order, unless such time period is
ext(~nded in writing, or unless the Director of Finance requires submission of a cost
proposal prior to the initiation of any changed work or services. Later notification
shall not bar the honoring of such claim or demand unless Augusta-Richmond
County is prejudiced by such delay.
No claim for changes ordered hereunder shall be considered If made after final
payment in accordance with the Contract. Should the consultant incur additional
cost at no fault of his own and beyond his reasonably expanded control, Contractor
shalll have grounds to request a change order for cost and or time. Events include
but are not limited to unseasonal weather, acts of God, poor construction
perJ[ormance and force majeure.
L. Employment Discrimination - Contracts Over $10.000
Dur'ing the performance of this Contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, disability, or national origin,
except where religion, sex,. or nation origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the Contractor.
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The Contractor agrees to post, in conspicuous places, notices setting forth the
provisions of this nondiscrimination Clause.
2. The Contractor, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, will state that such contractor is an equal
opportunity employer.
3. Notices, advertisements, and solicitations placed in accordance with Federal
law, rule, or regulation shall be deemed sufficient for the purpose of meeting
the requirements of this section. .
Thle Contractor will include the provisions ofthe foregoing paragraphs 1, 2, and 3 in
every' subcontract or purchase order over $10,000 so that the provisions will be
binding upon each subcontractor or vendor.
M. Termination for Convenience of Au~usta-Richmond County. Geort:ia
The .parties agree that Augusta-Richmond County, Georgia may terminate this
COllltract or any work or delivery required hereunder, from time-to-time, either in
wh;[)le or in part, whenever the Com~ission, on recommendation from the Director
of jPublic Works and Engineering of Augusta-Richmond County, shall determine
that such termination is in the best interest of Augusta-Richmond County.
Termination, in whole or in part, shall be effected by delivery of a Notice of
Termination signed by the Mayor, mailed or delivered to the Contractor, and
specifically setting forth the effective date of termination.
Upon receipt of such Notice, the Contractor shall:
1. Cease any further deliveries or work due under this Contract, on the date,
and to the extent, which may be specified in the Notice;
2. Place no further orders with any subcontractors except as may be necessary
to perform that portion of this Contract not subject to the Notice;
3. Terminate all subcontracts except those made with respect to Contract
performanc{: not subject to the Notice;
4. Settle all outstanding liabilities and claims which may arise out of such
termination, with the ratification of the Purchasing Department of Augusta-
Richmond county; and
5. Use its best efforts to mitigate any damages which may be sustained by him
as a consequence of termination under this clause.
Aft.~r complying with the provisions of paragraph 3 above, the Contractor shall
submit a termination claim, in no event later than six months after the effective date
of their termination, unless an extension is granted by the Director of Public Works
and Engineering.
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The. Director of Purchasing, with the approval of the Augusta-Richmond County
Commission, shall pay from the allocated budget, reasonable costs of termination,
induding a reasonable amount for profit on services delivered or completed. In no
ev(mt shall this amount be greater than the original contract price, reduced by any
payments made prior to Notice of Termination, and further reduced by the price of
thf~ services not delivered, or those services not provided.
This Contract shall be amended accordingly, and the Contractor shall be paid the
agreed upon amount.
In the event that the parties cannot agree on the whole amount to be paid to the
Contractor by reason of termination under this clause, the Director of Purchasing
sh~llll pay to the Contractor the amounts determined as follows, without duplicating
any amount which may have already been paid under the preceding paragraph of
this clause:
1. With respect to all Contract performance prior to the effective date of Notice of
Termination, the total of:
a. Cost of the work performed;
b. The cost of settling and paying any reasonable claims as provided in
subparagraph 4 above;
c. A sum as profit on (a) determined by the Director of Public Works and
Engineering and approved by the Augusta-Richmond County Commission to
be fair and reasonable.
2. The total sum to be paid shall not exceed the Contract price, as reduced by the
amount of payments otherwise made, and as further reduced by the Contract
price of services not terminated.
In the event that the Contractor is not satisfied with any payments which the
Director of Purchasing shall determine to be due under this clause; the Contractor
may appeal any claim to the Commission in accordance with the "Disputes" clause
of this Contract.
Wh,en termination for the convenience of Augusta-Richmond County, Georgia is a
provision of this Contract, the Contractor shall include similar provisions in any
subt:ontract, and shall specifically include a requirement that subcontractors make
all reasonable efforts to mitigate damages which may be suffered. Failure to include
such provisions shall bar the Contractor from any recovery from Augusta-
Richmond County, whatsoever of loss or damage sustained by a subcontractor as a
consequence of termination for convenience.
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N. Termination for Default
Either party may terminate this Contract, without further obligation, for the defa~lt
of the other party or its agents or employees with respect to any agreement or
provision contained herein.
o. Examination of Records
The Contractor agrees that Augusta-Richmond County or any duly authorized
representative shall, until the expiration of three (3) years after final payment
hereunder, have access to and the right to examine and copy any directly pertinent
books, documents, papers, and records of the Contractor involving transactions
related to this Contract, provided Contractor is compensated for anytime and
expenses incurred.
Thl~ Contractor further agrees to include in any subcontract for more that $10,000
en tiered into as a result of this contract, a provision to the effect that the
subcontractor agrees that Augusta-Richmond County, Georgia or any duly
autl10rized representative shall, until the expiration of three .(3) years after final
payment under the subcontract, have access to and the right to examine and copy
any directly pertinent books, documents, papers, and records of such Contractor
involved in transactions related to such subcontract, or this Contract. The term
subcontract as used herein shall exclude subcontracts or purchase orders for public
utility services at rates established for uniform applicability to the general public.
Th{~ period of access provided in the paragraphs above for records, books,
documents, and papers which may be related to any arbitration, litigation, or the
settlement of claims arising out of the performance of this contract or any
subcontract shall continue until any appeals, arbitration, litigation, or claims shall
.have been finally disposed of.
P. Dispuh~s
Disputes by the Contractor with respect to this Contract shall be decided in the first
instance by the Augusta-Richmond County Director of Public Works and
Engineering, who shall reduce his decision to writing, and mail or otherwise furnish
the Administrator a written appeal addressed to the Commission. Decisions by the
Commission shall be final and binding unless set aside by a court of competent
juri:~diction as fraudulent, capricious, arbitrary, or so grossly erroneous as
nec~~ssarily to imply badfaith, or not be supported by any evidence. Pending a final
determination of a properly appealed decision of the Director of Engineering, the
Coo'tractor shall proceed diligently with the performance of the Contract in
accordance with that decision.
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Q. Inte~ration Clause
This Contract, and any and all exhibits thereto, and/or documents incorporated by
refierence into this Contract, shall constitute the whole agreement between the
parties. There are no promises, terms, condition, or obligations other than those
cOllltained herein, and this Contract shall supersede all previous communications,
representations, or agreements, written or verbal, between the parties hereto related
to the Provision for Services described herein.
IN WITNJESS WHEREOF, the parties have set their hands and seals as of the date first
above written.
AUGUSTA, GEORGIA
ARCADIS GERAGHTY & MILLER
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~b Young
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Title: Mayor
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Title: Vice-President
ATTEST:
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SGC-11
SGC-12
SGC-13
SGC-14
SGC-15 .
SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with the Department of Labor Safety and
Health Regulations for construction promulgated under the Occupational
and Health Act of 1970 (PL31-596) and under Section 107 of the Contract
Work Hours and Safety Standards Act (PL91-54). The Contractor shall also
comply with any other State and Federal Regulations applicable to
Underground Storage Tank System Closure.
PRE-CONSTRUCTION CONFERENCE
A pre-construction conference shall be held at an acceptable time to the
Owner and the Contractor: prior to the "Notice to Proceed" to coordinate the
work and satisfy all requirements of the Contract Documents.
This Agreement is intended by the Parties to, and does, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq.
In the event any provision of this Agreement is inconsistent with any
provision of the Prompt Pay Act, the provision of this Agreement shall
control.
All claims, disputes and other matters in question between the Owner and
the Contractor arising out of or relating to the Agreement, or the breach
. thereof, shall be decided in the Superior Court of Richmond County,
Georgia. The Contractor, by executing this Agreement, specifically consents
to venue in Richmond County and waives any right to contest the venue in .
the Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree
that no interest shall be due Contractor on any sum held as retain age
pursuant to this Agreement and Contractor specifically waives any claim to
same.
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