HomeMy WebLinkAboutW.K.Dickson and Company and Augusta - Daniel Field
Augusta Richmond GA
DOCUMENT NAME: Lt), 1<.. DICKSoN ~ Co 'f"{JArtJy 11" () t-h)'J~Tf.l -DA "" 6L
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DOCUMENT TYPE: LOg-.!,G<..AC/
YEAR: \ q Ci ~
BOX NUMBER: l.p
FILE NUMBER: \~ <6'8"4
NUMBER OF PAGES: d..3
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CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
OWNER AND ENGINEER
This contract made and entered into this ~ day of ~ ~ ~ " 1998, by and
between the Augusta-Daniel Field General Aviation Commissi n, OWNER, and
W. K. DICKSON & COMPANY, INC., hereinafter referred to as the ENGINEER;
WITNESSETH
THAT WHEREAS, the OWNER contemplates improvements at the_Daniel Field
Airport, and is in need of professional engineering, planning and surveying services; and
WHEREAS, the ENGINEER is desirous of providing these professional services to
OWNER;
NOW THEREFORE, for and In consideration of their mutual benefit, the parties
hereto agree as follows:
The ENGINEER shall furnish and perform basic engineering services as described in
the General Provisions attached hereto and made a part hereof for the project described
below; plus other work authorized by the OWNER.
The OWNER shall pay the ENGINEER for engineering services in accordance with
the attached General Provisions and the schedule of fees described below:
SCHEDULE OF FEES
A. Basic Services
At the time the scope of work for a specific project has been defined, the
I~ngineer agrees to negotiate a fixed. lump sum fee as required by the Federal
Aviation Administration and the Georgia Depa'rtment of Transportation.
B. Special Services
The following rates for labor and expenses shall be applicable. The hourly
rates shown include salaries, payroll costs, overhead and profit. These rates shall
remain valid for a period of one year from the date shown on Page 1 of 3. Work
required at a later date will be at rates subject to adjustment upward,
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.'
LABOR
Principal \ Project Manager
Senior Staff Engineer
Staff Engineer
Staff Planner
Senior Civil Designer
Civil Designer
Clerical/Administrative
Survey Party (portal to portal)
Two man party
Three man party
Registered Surveyor
Survey Technician
$96.00/Hr.
$85.00/Hr.
$78.00/Hr.
$66.00/Hr.
$72.00/Hr.
$62.00/Hr.
$38.00/Hr.
$75.00/Hr,
$87.00/Hr.
$75,OO/Hr.
$45,OO/Hr,
EXPENSES
Mileage
Reproduction
Xerox
Bluelines
Mylars
Sepias
Telephone, Postage
Travel (Meals/Lodging)
$O.35/Mi.
$O.15/Ea.
$2.00/Ea.
$15.00/Ea.
$10.00/Ea.
Cost + 15%
Cost + 15%
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract
as of the date and year first written above.
ThIs documtnt ."rowed as
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ENGINEER:
Title:
WITNESS:
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GENERAL PROVISIONS
These General Provisions are attached and made a part of the Contract dated, 1998,
betweEm the Augusta-Daniel Field General Aviation Commission, OWNER and
W. K. DICKSON & CO., INC., ENGINEER.
For the scope of work described in the referenced Contract, the ENGINEER shall perform
professional services as hereinafter described, which shall include customary civil,
structural, mechanical and electrical engineering services and customary planning and
architectural services incidental thereto. These services, when performed in accordance
with acceptable engineering practices, shall be the limits of the ENGINEER'S responsibility
under the Contract.
SECTION I - BASIC SERVICES
A. Proiect Development Phase: After authorization to proceed the ENGINEER shall:
1. Consult with OWNER, state and federal government agencies to clarify and
define the requirements for the project and review available data.
.2. Advise OWNER as to the necessity of OWNER'S providing or obtaining from
others data or services of the types described in Section. II. Assist the
OWNER in contracting for such services.
3. Prepare preliminary design necessary to determine the type, size, and scope
of the improvement Project based upon projected aviation activity and current
airport standards in effect at the date of this Contract.
4. Prepare preliminary cost estimate for the Project.
!5. "Make minor revisions to the airport layout plan as necessary to reflect the
details of the Project.
/3. Prepare preapplications for federal and/or state assistance grants for funding
of the Project.
"T. Furnish five (5) copies of drawings, sketches, forms and reports as
appropriate to the OWNER for submission to government agencies,
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B. pesiqn Phase: After written authorization to proceed the ENGINEER shall:
1. In consultation with the OWNER and other government agencies thro'ugh
conferences, meetings, or submission of preliminary reports as appropriate,
determine the extent of the Project and the design.
:2. Prepare an engineer's report in accordance with FAA criteria which shall
include but not necessarily be limited to:
a. An analysis and reasons for the design choices;
b. An analysis of the airport pavement design;
c. An analysis of the manner that the work will be accomplished; and
d. A project cost estimate based upon the final design.
:3, Advise the OWNER of needed special services and assist the OWNER in the
evaluation and selection, of other professionals to provide special services,
such as soil borings, laboratory tests and surveys or provide such services in
accordance with this Contract.
4, Prepare final design, contract drawings, specifications and contract
documents. Prepare for review and approval by OWNER, his legal counsel
and other advisors contract agreement forms, general conditions and
supplementary conditions, and (where appropriate) bid forms, invitation to bid
and instructions to bidders, and assist in the preparation of other related
documents.
t5. Assist OWNER in submitting appropriate documents to state and federal
agencies for necessary approvals and permits.
6. Furnish to the OWNER two (2) copies of completed drawings, specifications,
reports, estimates and contract documents.
C. ~onstruction Phase: During the Construction Phase, the ENGINEER shall provide
the following services:
'I. Assistance to the OWNER in obtaining bids, tabulations, and analysis of bid
results, and furnishing recommendations in connection with the award of
construction contracts.
2. Assistance in preparation of formal contract documents for the award of
construction contract.
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3, Consult with and advise the OWNER and act as provided in the approved
construction specifications and contract documents.
4. Make visits to the site at intervals appropriate to the various stages of
construction to observe as an experienced and qualified design professional
the. progress and quality of the executed work of Contractor(s) and to
determine in general if such work is proceeding in accordance with the
contract documents. ENGINEER shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of such work.
ENGINEER shall not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by Contractor(s) or the
safety precautions and programs incident to the work of Contractor(s).
ENGINEER'S efforts will be directed toward providing a greater degree of
confidence for OWNER that the completed work of Contractor(s) will conform
to the contract documents, but ENGINEER shall not be responsible for the
failure of Contractor(s) to perform the work in accordance with the contract
documents. During such visits and on the basis of on-site observations,
ENGINEER shall keep OWNER informed of the progress of the work, shall
endeavor to guard OWNER against defects and deficiencies in such work and
may disapprove or reject work failing to conform to the contract documents,
5. Review and approve (or take other appropriate action in respect of) shop
drawings and samples, the results of tests and inspections and other data
which each Contractor is required to submit, but only for conformance with the
design concept of the Project and compliance with the information given in the
contract documents (but such review and approval or other action shall not
extend to means, methods, sequences, techniques or procedures of
construction or to safety precautions and programs incident thereto; determine
the acceptability of substitute materials and equipment proposed by
Contractor(s); and receive and review (for general content as required by
specifications) maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection which are to be assembled
by Contractor(s) in accordance with the contract documents.
6, Review laboratory, shop and mill test reports and prepare a tabulation or
summary of laboratory test results to assist in monitoring the quality of
construction.
7. Recommend to OWNER change orders and/or supplemental agreements to
the construction contract incidental to existing field conditions or
improvements in the project design. Prepare estimates of cost or savings
from proposed order(s), prepare change order(s) along with basis for
recommendation and negotiate on behalf of OWNER with the Contractor to
arrive, if possible, at an appropriate compensation resulting from the proposed
revisions. The ENGINEER is not required by this provision to accomplish
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extensive design revisions and drawings resulting from a change in project
scope or major changes in design concept previously accepted by the
OWNER where changes are due to causes beyond the ENGINEER'S control.
8. Advise the OWNER of the needed special services and assist the OWNER in
acquisition of such services as appropriate.
9. Based upon ENGINEER'S on-site observations as an experienced and
qualified design professional and on review of applications for payment and
the accompanying data and schedules, determine the amounts owing to
Contractor(s) and recommend in writing payments to Contractor(s) in such
amounts; such recommendations of payment will constitute a representation
to OWNER, based on such observation and review, that the work has
progressed to the point indicated, that, to the best of ENGINEER'S
knowledge, information and belief, the quality of such work is in accordance
with the contract documents (subject to an evaluation of such work as a
functioning project upon substantial completion, to the results of any
subsequent tests called for in the contract documents, and to any
qualifications stated in his recommendation), and that payment of the amount
recommended is due Contractor(s); but by recommending any payment
ENGINEER will not thereby be deemed to have represented that continuous
or exhaustive examinations have been made by ENGINEER to check the
quality or quantity of the work or to review the means, methods, sequences,
techniques or procedures of construction or safety precautions or prpgrams
incident thereto or that ENGINEER has made an examination to ascertain
how or for what purposes any Contractor has used the monies paid on
account of the contract price, or that title to any of the work, materials or
equipment has passed to OWNER free and clear of any lien, claims, sec.urity
interests or encumbrances, or that Contractor(s) have completed their work
exactly in accordance with the contract documents. '
10, Prepare OWNER'S applications for partial and final payments for submission
to government agencies.
11. Conduct an inspection to determine if the Project is substantially complete and
a final inspection to determine if the work has been completed in accordance
with the contract documents and if each Contractor has fulfilled all of his
obligations thereunder so that ENGINEER may recommend, in writing, final
payment to each Contractor and may give written notice to OWNER and the
Contractor(s) that the work is acceptable (subject to any conditions therein
expressed), but such recommendation and notice shall be subject to the
limitations expressed herein.
12. ENGINEER will prepare for OWNER, on request, a set of reproducible record
prints of drawings showing those changes made during the construction
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process, based upon the marked-up prints, drawings and other data furnished
by Contractor(s) to ENGINEER and which ENGINEER considers significant.
13. The ENGINEER shall not be responsible for the acts of omissions of any
Contractor, or subcontractor, or any of the Contractor(s) or subcontractor(s)'
agents or employees or any other persons (except ENGINEER'S own
employees and agents) at the site or otherwise performing any of the
contractor(s)' work; however, nothing contained herein shall be construed to
release the ENGINEER from liability for failure to perform properly duties
undertaken by the ENGINEER under this Contract.
SECTION /I - SPECIAL SERVICES
At written request of the OWNER, the ENGINEER shall accomplish such special services
as required by the OWNER to complete the project. At the option of the OWNER, special
services may be provided by the OWNER through contracts with other professionals or may
be provided by the ENGINEER. When the ENGINEER is requested to provide special
services, such services may be provided by ENGINEER'S own forces or through
subcontracts with other professionals. Special services which may be requested include,
but are not necessarily limited to the following:
A. Land surveys as necessary to establish property boundaries required for property
acquisition purposes or preparation of property maps.
B. Soils and material investigations including test borings, laboratory testing of soils and
materials, related analyses and recommendations.
C. Engineering surveys (for design and construction) to include topographic surveys,
base line surveys, cross section surveys, etc.
D. Technical inspection of construction by full time Resident Project Representative, as
required and approved by the OWNER. When authorized by the OWNER the duties,
responsibilities and limitations of authority shall be as described in Section IV.
E. Reproduction of additional copies of reports, contract documents and specifications
above the specified number furnished in Basic Services,
F. Assistance to the OWNER as expert witness in litigation arising from development or
construction of the Project.
G. The accomplishment of special surveys and investigations, and the preparation of
special reports and drawings as may be requested or authorized in writing by the
OWNER in connection with the Project.
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H, Extra work created by design changes, after approval of plans and specifications by
the OWNER and FAA, and beyond the control of the ENGINEER, that may be
requested or authorized in writing by the OWNER in connection with the Project.
I. Extra work required to revise or prepare contract documents, plans and
specifications to facilitate the award of more than one construction contract, in the
event the OWNER adopts such a construction program,
J, Services resulting from significant changes in extent of the Project or its design
including, but not limited to, changes in size, complexity, OWNER'S schedule, or
character of construction or method of financing; and revising previously accepted
studies, reports, design documents or contract documents when such studies,
reports, design documents or contract documents when such revisions are due to
causes beyond ENGINEER'S control.
K. Providing renderings or models for OWNER'S use.
L. Investigations involving detailed consideration of operations, maintenance and
overhead expenses; providing value engineering during the course of design; the
preparation of feasibility studies, cash flow and economic evaluations, rate schedules
and appraisals; assistance in obtaining financing for Project; evaluating processes
available for licensing and assisting OWNER in obtaining process licensing; detailed
quantity surveys of material, equipment and labor; and audits or inventories required
in connection with construction performed by OWNER.
M. Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3) prolongation of the contract time of
any prime contract by more than thirty (30) days, (4) acceleration of the progress
schedule involving services beyond normal working' hours, (5) default by
Contractor(s), and (6) the furnishing of a resident project representative other than
an employee of the Engineer.
N. Preparation of operating and maintenance manuals; protracted or' extensive
assistance in the utilization of any equipment or system (such as initial start-up,
testing, adjusting and balancing); and training personnel for operation and
maintenance.
O. Services after completion of the construction phase, such as inspections during any
!~uarantee period and reporting observed discrepancies under guarantees called for
in any contract for the Project.
SECTION III - RESPONSIBILITIES OF THE OWNER
As a party to this Contract, the OWNER shall:
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A. Make available for ENGINEER'S use all record drawings, maps, soil data, etc.
B. Designate a person to act with authority on OWNER'S behalf and respond in a timely
manner to submissions by ENGINEER providing approvals and authorizations as
appropriate so that work may continue at a normal pace.
C. Pay all costs associated with special services authorized by the OWNER, and all
costs associated with obtaining bids from contractors.
D. Furnish ENGINEER as required for performance of ENGINEER'S basic services,
data prepared by or services of others, including without limitation core borings,
probings and subsurface explorations, hydrographic surveys, laboratory tests and
inspections of samples, materials and equipment; appropriate professional
interpretations of all of the foregoing; environmental assessment and impact
statements; property, boundary, easement, right-of-way, topographic and utility
surveys, property descriptions; zoning, deed and other land use restrictions; and
other special data or consultations not covered herein; all of which ENGINEER may
rely upon in performing his services.
E, Arrange for access to and make all provisions for ENGINEER to enter upon public
and private property as required for ENGINEER to perform his services.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance
counselor and other consultants as OWNER deems appropriate for such
examination and render in decisions pertaining thereto within a reasonable time so
as not to delay the services of ENGINEER.
G. Furnish approvals and permits from all governmental authorities having jurisdiction
over the Project and such approvals and consents from others as may be necessary
for completion of the Project.
H. Provide such accounting, independent cost estimating and insurance counseling
services as may be required for the Project, such legal services as OWNER may
require or ENGINEER may reasonably request with regard to legal issues pertaining
to the Project including any that may be raised by Contractor(s), such auditing
services as OWNER may require to ascertain how or for what purpose any
Contractor has used the monies paid to him under the construction contract, and
such inspection services as OWNER may require to ascertain that Contractor(s) are
complying with any law, rule or regulation applicable to their performance of the
work.
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I. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope of timing of the
ENGINEER'S services, or any defect in the work of the Contractor(s),
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SECTION IV - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
ENGINEER may furnish a Resident Project Representative, assistants and other field staff
to assist ENGINEER in observing performance of the work of the Contractor.
Through more extensive on-site observations of the work in progress and field
checks of materials and equipment by the Resident Project Representative and assistants,
ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work; but, the furnishing of such services will not make ENGINEER
responsible for or give ENGINEER control over construction means, methods, techniques,
sequences or procedures or for safety precautions or programs, or responsibility for
Contractor's failure to perform the work in accordance with the contract documents,
The duties and responsibilities of the Resident Project Representative are limited to
those of ENGINEER in ENGINEER'S agreement with the OWNER and in the construction
contract documents, and are further limited and described as follows:
A. General
Resident Project Representative is ENGINEER'S agent at the site, will act as
directed by and under the supervision of ENGINEER, and will confer with ENGINEER
regarding actions. Resident Project Representative's dealings in matters pertaining to the
on-site work shall in general be with ENGINEER and Contractor keeping OWNER advised
as necessary. Resident Project Representative's dealings with subcontractors shall only be
through or with the full knowledge and approval of Contractor. Resident Project
Representative shall generally communicate with OWNER with the knowledge of and under
the direction of ENGINEER.
B. Duties and Responsibilities of Resident Project Representative
1, Schedules: Review the progress schedule. schedule of shop drawing
submittals and schedule of values prepared by Contractor and consult with
ENGINEER concerning acceptability,
.2. Conferences and Meetings: Attend meetings with Contractor, such as
pre-construction conferences, progress meetings, job conferences and other
project related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as ENGINEER'S liaison with Contractor, working principally
through Contractor's superintendent and assist in understanding the
intent of the contract documents; and assist ENGINEER in serving as
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OWNER'S liaison with Contractor when Contractor's operations affect
OWNER'S on-site operations.
b, Assist in obtaining from OWNER additional details or information, when
required for proper execution of the work.
4. Shop Drawings and Samples:
a. Record date of receipt of shop drawings and samples.
b. Receive samples which are furnished at the site by Contractor, and
notify ENGINEER of availability of samples for examination.
c, Advise ENGINEER and Contractor of the commencement of any work
requiring a shop drawing or sample if the submittal has not been
approved by the ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the work in progress to assist
ENGINEER in determining if the work is, In general, proceeding in
accordance with the contract documents.
b. Report to ENGINEER whenever Resident Project Representative,
believes that any work is unsatisfactory, faulty or defective or does not
conform to the contract documents, or has been damaged, or does not
meet the requirements of any inspection, test or approval required to
be made; and advise ENGINEER of work that Resident Project
Representative believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or
approval.
c. Verify that tests, equipment and systems startups and operating and
maintenance training are conducted in the presence of appropriate
personnel, and that Contractor maintains adequate records thereof;
and observe, record and report to ENGINEER appropriate details
relative to the test procedures and startups.
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of the inspections
and report to ENGINEER.
(3. Interpretation of Contract Documents: Report to ENGINEER when
clarifications and interpretations of the contract documents are needed and
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transmit to Contractor clarifications and interpretations as issued by
ENGINEER.
7. Modifications: Consider and evaluate Contractor's suggestions for
modifications in drawings or specifications and report with Resident Project
Representative's recommendations to ENGINEER. Transmit to Contractor
decisions as issued by ENGINEER.
8, Records:
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, shop drawings and samples, reproductions of original
contract documents including all work directive changes, addenda,
change orders, field orders, additional drawings issued subsequent to
the execution of the Contract, ENGINEER'S clarifications and inter-
pretations of the contract documents, progress reports, and other
Project related documents.
b. Keep a diary or log book, recording Contractor hours on the job site,
weather conditions, data relative to questions of work directive
changes, change orders or changed conditions, list of job site visitors,
daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures;
and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all Contractors,
subcontractors and major suppliers of material and equipment.
!l Reports:
a. Furnish ENGINEER periodic reports as required of progress of the
work and of Contractor's compliance with the progress schedule and
schedule of shop drawings and sample submittals,
b. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the work.
c. Draft proposed change orders and work directive changes, obtaining
backup material from Contractor and recommend to ENGINEER
change orders, work directive changes, and field orders.
d. Report immediately to ENGINEER and OWNER upon the occurrence
of any accident.
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10. Payment Requests: Review applications for payment with Contractor for
compliance with the established procedure for their submission and forward
with recommendations to ENGINEER, noting particularly the relationship of
the payment requested to the schedule of values, work completed and
materials and equipment delivered at the site but not incorporated in the work.
11. Certificates, Maintenance and Operation Manuals: During the course of the
work, verify that certificates, maintenance and operation manuals and other
data required to be assembled and furnished by Contractor are applicable to
the items actually installed and in accordance with the contract documents,
and have this material delivered to ENGINEER for review and forwarding to
OWNER prior to final payment for the work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to Contractor a list of observed items requiring completion or
correction.
b. Conduct final inspection in the company of ENGINEER, OWNER' and
Contractor and prepare a final list of items to be completed or
corrected.
c. Observe that all items on final list have been completed or corrected
and make recommendations to ENGINEER concerning acceptance.
C. Limitations of Authority
Resident Project Representative:
'1. Shall not authorize any deviation from the contract documents or substitution
of materials or equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER'S authority as set forth In the
contract documents.
:3. Shall not undertake any of the responsibilities of Contractor, subcontractors or
Contractor's superintendent.
4, Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
contract documents.
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5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the work.
6. Shall not accept shop drawing or sample submittals from anyone other than
Contractor.
7, Shall not authorize OWNER to occupy the Project in whole or in part,
8. Shall not participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by ENGINEER.
SECTION V - METHOD OF PAYMENT
The ENGINEER'S compensation for the work described herein shall be based upon the
schedule of fees described in the basic Contract.
A. Basic Services
1. Partial payment for basic services in connection with the project development
phase and/or the design phase shall be made monthly to the ENGINEER by
the OWNER upon receipt of invoices which shall be based upon percentages
of completion on the date of invoicing. For projects that are funded through
the Federal Aviation Administration, the ENGINEER agrees to delay submittal
of invoices until the Federal Grant has been issued and funds become
available to the OWNER.
2. Partial payments for basic services in connection with the construction phase
shall be made monthly to the ENGINEER by the OWNER upon receipt of
invoices which shall be based upon the percentage of construction work
completed by the construction Contractor(s) at the time of invoicing,
B. lSpecial Services
'1. The OWNER will pay the ENGINEER for special services performed by
personnel of the ENGINEER at the rates established in the basic Contract.
2. The OWNER will pay the ENGINEER for special services performed by others
at the actual invoice amount.
:3. Terms and Conditions: The basis of compensation described is based upon
the following conditions:
a. Time charged to the Project by office engineering personnel will include
the time that the applicable employees are engaged in actual work on
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the Project at the Engineer's office, at the site of the Project, or in travel
status in connection with the Project.
b. Only the personnel needed and required to accomplish the services in
keeping with the prescribed schedule shall be assigned to the Project.
c. Charges will not be made to the Project during periods of sickness,
vacation or at any other times when personnel assigned are not
gainfully employed on the work. "
4. Payment Schedules:
a. Invoices shall be submitted at monthly intervals to the OWNER.
b. Payments shall be due and payable within 30 days after the date of
invoice.
SECTION VI - MISCELLANEOUS PROVISIONS
A. ,Estimates: Since the ENGINEER has no control over the cost of labor and materials
or over competitive bidding market conditions, the estimates of construction cost provided
for herE~in are to be made on the basis of experience and qualifications, but the ENGINEER
does not guarantee the accuracy of such estimates as compared to the Contractor's bids of
the Project construction cost.
B. .Extra Work: It is mutually understood and agreed that the OWNER will compensate
the ENGINEER for services resulting from significant changes in general scope of
the Project or its design, but not necessarily limited to, changes in size, complexity,
Project schedules, character of construction, revisions to previously accepted
studies, reports, design documents or contract documents and for preparation of
documents for separate bids, when such revisions are due to causes beyond the
ENGINEER'S control and when requested or authorized by the OWNER.
Compensation for such extra work when authorized by the OWNER shall be in
accordance with Section" - Special Services.
C. geuse of Documents: All documents, including drawings and specifications
prepared by ENGINEER pursuant to this Contract, are instruments of service in
respect of the Project. They are not intended or represented to be suitable for reuse
by OWNER or others on extensions of the Project or on any other Project. Any
reuse without written verification or adaptation by ENGINEER for the specific
purposes intended will be at OWNER'S sole risk and without liability or legal
exposure to ENGINEER. Any such verification or adaptation will entitle ENGINEER
to further compensation at rates to be agreed upon by OWNER and ENGINEER.
Notwithstanding these provisions the OWNER shall be provided upon request a
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reproducible copy of any drawing produced under this Contract at the cost of
reproduction.
D. Responsibilitv of the Enqineer:
1, The ENGINEER shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of all designs, drawings,
specifications, reports, and other services furnished by the ENGINEER under'
this contract.
.2. Approval by the OWNER or FAA of drawings, designs, specifications, reports
and incidental engineering work or materials furnished hereunder shall not in
any way relieve the ENGINEER of his responsibility for the technical
adequacy of his work.
E. .Period of Services:
1 . The provisions of this Section and the various rates of compensation for
ENGINEER'S services provided for elsewhere in this Contract have been
agreed to in anticipation of the orderly and continuous progress of the Project
through completion of the construction phase. ENGINEER'S obligation to
render services hereunder will extend for a period which may reasonably be
required for the design, award of contracts and construction of the Project.
2. If OWNER has requested significant modifications or changes' in the extent of
the Project, the time of performance of ENGINEER'S services and his various
rates of compensation shall be adjusted appropriately.
:3. If OWNER fails to give prompt written authorization to proceed with any phase
of services after completion of the immediately proceeding phase, ENGINEER
may, after giving seven days' written notice to OWNER, suspend services
under this contract.
4. If ENGINEER'S services for design or during construction of the Proj~ct are
delayed or suspended in whole or in part for reasons beyond ENGINEER'S
control, ENGINEER shall on written demand to OWNER (but without
termination of this Contract) be paid as proyided for in Section V. If such
delay or suspension extends for more than one year for reasons beyond
ENGINEER'S control, or if ENGINEER for any reason is required to render
services more than one year after substantial completion, the various rates of
compensation provided for elsewhere in this Contract shall be subject to
renegotiation.
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F, Termination
1, This Contract may be terminated in whole or in part in writing by either party in
the event of substantial failure by the other party to fulfill its obligation under
this Contract through no fault of the terminating party provided that no such
termination may be affected unless the other party is given:
(a) Not less than ten (10) calendar days written notice of intent to
terminate; and
(b) An opportunity for consultation with the terminating party prior to
termination.
2. This Conrfact may be terminated in whole or in part in writing by the OWNER
for its convenience provided that the ENGINEER is given:
(a) Not less than ten (10) calendar days written notice of the intent to
terminate; and
(b) An opportunity for consultation with the terminating party prior to
termination.
3. Upon receipt of a termination notice, the ENGINEER shall promptly
discontinue all services affected (unless the notice directs otherwise) and
deliver or otherwise make available to the OWNER all data, drawings, specif-
ications, report estimates, summaries, and such other information and
materials as may be accumulated by the ENGINEER performing this Contract,
whether completed or in process.
4. If this Contract is terminated by either party, the ENGINEER shall be paid for
services rendered relating to commitments which have become firm prior to
termination and any expenses incurred prior to termination in addition to
termination settlement costs reasonably incurred by the ENGINEER. If the
termination of the Contract occurs at the conclusion of one phase and prior to
authorization of the OWNER to begin the next phase, payment by the
OWNER of the completed phase shall be considered full compensation due
the ENGINEER. If the Contract is terminated by the OWNER for default of the
ENGINEER, the amount due the ENGINEER may be adjusted to the extent of
any additional cost incurred by the OWNER as a result of the ENGINEER'S
default.
G, :Section G has been removed from this Contract.
18 of 21
. '.
H, Audit Access to Records
1. The ENGINEER shall maintain books, records, documents and other
evidence directly pertinent to the work under this Contract in accordance with
generally accepted accounting principles and practices. The OWNER" the
FAA, the Comptroller General of the United States or any of their duly
authorized representatives shall have access to any books, documents,
papers, records and other evidence which relates directly to the Project for the
purpose of examination, audit, excerpts and transcriptions.
2, Records described above shall be maintained and made available during the
performance under this Contract and for a period of three years after the
OWNER makes final payment.
I. Civil Rights Assurance
During the performance of this Contract, the ENGINEER, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations. The Contractor shall comply with the
regulations relative to nondiscrimination in federally-assisted programs of the
Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations) which are herein incorporated by reference
and made a part of this Contract.
:2. Nondiscrimination. The Contractor, with regard to the work performed by it
during the Contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, inCluding
procurements of materials and leases of equipment The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including practices when the Contract covers
a pr9gram set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, including procurements of materials and
equipment. In all solicitations either by competitive bidding or negotiations
made by the Contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Contractor of the Contractor's
obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The Contract shall provide all information' and
reports required by Regulations or directives issue pursuant thereto and shall
permit access to its books, records, accounts, other sources of information,
19 of 21
JUL -27-98. MON 11:: 28 Al1 WK D ICKSml
FAX NO, 7709550338
p, 03
and its facilities as may be determined by the OWNER or the FAA to be
pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this information
the Contractor shall so certify to the OWNER or the FAA as appropriate, and
shall set forth what efforts it has made to obtain the information.
5, Sanctions for Noncompliance, In the elient of the Contractor'~,
non-compliance with the nondiscrimination provisions of this Contract, the
OWNER shall impose such Contract sanctions as it or the FAA may determine
ta be appropriate, including but not limited to:
(a) Withholding of payments to the Contractor under the Contract until the
Contractor complies, and/or
(b) Cancellation, termination or suspension of the Contract, in whole or in
part.
6, Incorporation of Provisions, The Contractor shall include the provisions of
paragraphs 1 through 5 in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations Ci
directives issued pursuant thereto. The Contractor shall take such action with
respect to any subcontract or procurement as the OWNER or the FAA may
direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with subcontractor or supplier as a
result of such direction, the Contractor may request the OWNER to enter into
such litigation to protect tne interests of the OWNER and, in addition, the
Contractor may request the United States to enter into such litigation to
protect interests of the United States,
J, Disadvantaged Business Enterprise (DBE) Assurances
1, Policy: It is the policy of the DOT that disadvantaged business enterprises as
defined in 49 CFR Part 23 shall have the maximum opportunity to participate
in the performance of contracts financed in whole or in part with federal funds
under this Contract. Consequently, the DBE requirements of 49 CFR Part 23
apply to this Contract.
2, DBE Obligation: The Engineer agrees to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of Contracts and subcontracts financed in
whole or in part with federal funds provided under this Contract. In this
regard, the Engineer shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that disadvantaged business
20 of 21
enterprises have the maximum opportunity to compete for and perform
Contracts. The Engineer shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of DOT-assisted
Contracts.
K. Prompt Pay Act
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.
J. Venue
All claims, disputes and other matters in question between the Owner and the
Engineer arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia. The
Engineer, 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.
21 of 21
i --
,}'
Task Order 98-1
WORK AUTHORIZA nON FOR PROFESSIONAL SERVICES
Augusta, Georgia
Daniel Field
98377,60
(Project [dent, No,)
AP99-9100-27-(245)
(GaDOT Project No,)
98-1
(Task Order No,)
[t is agreed to undertake the following work in accordance with the provisions of our Agreement for Professional
Services,
Description of Assil!nment: The proposed project is described as follows:
A, This project provides for Crack Sealing of Runway 11-29, This contract will provide for the design of
plans and construction documents for the project. The contract also includes the bidding and construction
phase services,
B, The following services are to be performed:
1. Basic Services:
a) Design, Bidding, and Construction Phase Services in accordance with Exhibit "C" of the
Prime Agreement. This project is expected to be let as one (1) prime construction
contract package,
2, Special Services:
a) Predesign Surveys: Perform predesign control and topographic surveys required for
design of all items of work,
b) Reproduction of Bidding Documents: During the bidding phase CONSULTANT will
provide bidding and other contract documents to potential bidders and as required for
execution of the construction contract.
c) Proiect Formulation: Prepare Funding documents, and assist in project formulation and
programming.
Period of Services:
A, Design Phase:
Upon OWNER's approval of this Work Authorization, Design Phase services will commence immediately.
Bidding documents will be ready to advertise for bids within 21 days,
B, Bidding Phase (Phase [-Site Prep Only):
Bidding Phase services will be initiated immediately after DOT approval to advertise for bids and will be
completed within 30 calendar days.
C. Construction Phase (Phase I-Site Prep Only);
Construction Phase services will begin immediately upon execution of construction contracts by the
OWNER and continue through construction of the project until final closeout is processed, This time
period is estimated to be 30 days,
~,
..~
Task Order 98-1
Page 2 0 f 2
D, Services required beyond the above estimated time frames due to delays in obtaining agency approvals,
extension of construction time, defective work by the contractor, or to other causes beyond the
CONSULTANT's control may require additional compensation with an amendment to this WORK
AUTHORIZATION,
Basis of Compensation
A, Basic Services:
[, As compensation for providing the Design Phase Services described above, The Owner shall pay the
engineer the lump sum fee of Three Thousand Two Hundred Dollars ($3,200,00),
2, As compensation for providing the Bidding Phase Services described above, The Owner shall pay the
engineer the lump sum fee of One Thousand Five Hundred Dollars ($1,500.00),
3, As compensation for providing the Construction Phase Services described above, The Owner shall pay
the engineer the lump sum fee of One Thousand Eight Hundred Dollars ($1,800.00),
4. Invoices shall be submitted monthly based on the percentage of work actually completed during that
month, The Owner shall pay invoices within 30 days of receipt.
B, Special Services:
1. Predesign Field Surveys: As compensation for performing Predesign Field Surveys and Topographic
mapping, the owner shall pay the Engineer the lump sum fee of One Thousand Dollars ($1,000,00).
2, Bid Document Reproduction: As compensation for providing reproductive printing services, the
Owner shall pay the Engineer the lump sum fee of Four Hundred Dollars ($400,00).
3, Project Formulation: As compensation for providing Project Formulation services, the Owner shall
pay the Engineer the lump sum fee of One Thousand Eight Hundred Dollars ($1,500,00).
4. Periodic On-Site Observation: As compensation for providing Periodic On-Site Observation, the
Owner shall pay the Engineer the lump sum fee of Six Hundred Dollars ($600.00) per visit. It is
estimated that the project will require four visits throughout the construction period, The total
estimated cost for Periodic On-Site Observation is Two Thousand Four Hundred Dollars ($2,400.00),
Agreed as to scope of services, period of services and budget: *
Date:
/JfI~r 10. IffB
,
* Budget will not be exceeded without a Supplemental Work Authorization.
TNt documInt applOYtd as
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