HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GEORGIA MC SQUARED INC WEBSTER DETENTION CENTER PHASE 11 AN INMATE PROCESSING CENTER AND INTERIOR RENOVATIONSAGREEMENT
FOR
INSPECTIONS CONSULTANT SERVICES
BETWEEN
AUGUSTA, GEORGIA
AND
MC SQUARED, INC
PROJECT: Webster Detention Center Phase II, An Inmate Processing
Center and Interior Renovations
DATE: July 27, 2012
AUG 01 2012
AGREEMENT FOR INSPECTIONS CONSULTANT SERVICES
TABLE OF CONTENTS
Page
Article 1 Definitions 1
Article 2 Relationship of the Parties 3
Article 3 Basic Services 5
Article 4 Compensation 6
Article 5 Period of Services 8
Article 6 Owner's Responsibilities 8
Article 7 Additional Services 9
Article 8 Notices 9
Article 9 Insurance 10
Article 10 Indemnification 11
Article 11 Termination of Agreement 12
Article 12 Dispute Resolution 13
Article 13 Successors /Assignment 14
Article 14 Ownership of Documents/
Confidential Information 14
Article 15 Additional Provisions 14
Appendix A Basic Services 17
Appendix B Fee and Rate Schedule 18
Appendix C Cost Proposal Form 19
AGREEMENT FOR
INSPECTIONS CONSULTANT SERVICES
AGREEMENT made this 27th day of July, 2012, BETWEEN the Owner: AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia; and the Inspections Consultant:
MC SQUARED, INC., a Florida Corporation authorized to conduct business in the State of
Georgia, (hereinafter referred to as "MC or "Inspections Consultant "), for Consulting
Services in connection with the Project known as: Augusta, Georgia Webster Detention
Center Phase II, An Inmate Processing Center and Interior Renovations.
The Construction Program Manager for the Project is: Heery International, Inc.
The Owner and the Inspections Consultant agree as set forth below:
ARTICLE 1
DEFINITIONS
The following words and phrases where appearing in initial capitalization, shall for the
purposes of this Agreement have the following meanings:
1.1 PROJECT. The Project shall be Construction Materials Testing, Special
Inspections, and NPDES Monitoring services associated with construction and
associated work, as described herein, for the Augusta, Georgia Webster Detention
Center Phase II, An Inmate Processing Center and Interior Renovations
1.2 SERVICES. The Services to be performed by the Inspections Consultant under
this Agreement shall consist of the Basic Services and any Additional Services
both as defined herein.
1.3 BASIC SERVICES. Basic Services shall consist of the Inspections services as
described in Article 3 and as indicated and specifically designated in Appendix "A"
to be performed and provided by the Inspections Consultant under this Agreement
in connection with the Project.
1.4 ADDITIONAL SERVICES. Additional Services shall consist of the Inspections
services agreed to be performed by the Inspections Consultant in connection with
the Project but which are not specifically designated as Basic Services in Article 3
or Appendix "A ".
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1.5 PROJECT DOCUMENTS. The Project shall be completed in accordance with the
following Project Documents which were prepared or approved by the Owner prior
to the execution of this Agreement between the Inspections Consultant and the
Owner:
1. Owner /Construction Program Manager Contract (adopted herein by
reference).
2. Construction Documents, prepared by Architect.
1.6 CONSTRUCTION CONTRACT DOCUMENTS. The Construction Contract
Documents consist of the plans and specifications prepared by the Design
Consultant, and any addenda and change orders thereto, the Owner's Project
Manual documents such as the Conditions of the Contract, Contract Forms,
Bidding Requirements, etc., and the Owner - Construction Manager agreement, all
of which shall be compatible and consistent with this Agreement and the
Owner /Construction Program Manager Contract.
1.7 CONSTRUCTION MANAGER. The Construction Manager is the person or entity
which enters into an agreement with the Owner to perform the construction of or
any construction on the Project, including, without limitation, the providing of
labor, materials, and equipment incorporated or to be incorporated into the
Project. The term "Construction Manager " means the Construction Manager at
Risk or its authorized representative, but excludes the Construction Program
Manager and the Inspections Consultant.
1.8 BASIC SERVICES COMPENSATION. Basic Services Compensation shall be the
time spent fee designated in Article 4 to be paid by the Owner to the Inspections
Consultant in connection with the performance of the Basic Services by the
Inspections Consultant.
1.9 ADDITIONAL SERVICES COMPENSATION. Additional Services Compensation
shall be the fees determined in accordance with Article 7 to be paid by the Owner
to the Inspections Consultant in connection with the performance of Additional
Services.
1.10 REIMBURSABLE EXPENSES. Reimbursable Expenses are those actual, pre -
approved expenditures made by the Inspections Consultant and its employees in
the interest of the Project. A list of approved reimbursable rates is included in
Appendix B to this Agreement.
1.11 OWNER/CONSTRUCTION PROGRAM MANAGER CONTRACT. The
Owner /Construction Program Manager Contract is the agreement between the
Owner and the Construction Program Manager dated May 6, 2004, for the
performance of construction program management services on the Project.
1.12 DESIGN CONSULTANT. Johnson Laschober & Associates, the architect /engineer
hired by the Owner.
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ARTICLE 2
RELATIONSHIP OF THE PARTIES
2.1 INSPECTIONS CONSULTING SERVICES. The Inspections Consultant shall
provide special inspections, professional building construction inspections,
materials testing and NPDES monitoring consulting services for the Project in
accordance with the terms and conditions of this Agreement. The Inspections
Consultant's performance of services shall be as professional consultant to the
Owner to carry out the activities of Building Inspections and to provide the
technical documents and supervision to achieve the Owner's Project objectives.
2.2 COMMUNICATIONS. The Inspections Consultant understands that the Owner
has entered into a separate contract with an architect - engineer. The Inspections
Consultant agrees to communicate, through the Construction Program Manager,
with the architect and their consultants, on matters pertaining to building
systems.
2.3 OWNER REPRESENTATION. The Construction Program Manager is under
separate contract with the Owner to provide construction program management
services. The Construction Program Manager has no Inspections responsibilities
of any nature. None of the activities of the Construction Program Manager
supplant or conflict with any other services and responsibilities customarily
furnished by the Inspections Consultant in accordance with generally accepted
Inspections practices except as otherwise modified by this Agreement. The
Inspections Consultant understands and agrees that the Construction Program
Manager is the Owner's exclusive representative to the Inspections Consultant,
Construction Manager and Design Consultant insofar as this Agreement is
concerned. All instructions by the Owner to the Inspections Consultant relating
to services performed by the Inspections Consultant will be issued or made
through the Construction Program Manager. All written communications of the
Inspections Consultant to the Owner shall be issued or made through the
Construction Program Manager unless the Construction Program Manager shall
otherwise direct. The Construction Program Manager shall establish procedures,
consistent with this Agreement, to be followed by the Inspections Consultant and
Construction Manager and to call periodic conferences to be attended by the
Inspections Consultant, Contactor, and/or Design Consultant, throughout the
term of this Agreement.
2.4 The Inspections Consultant understands and agrees that it is not a third party
beneficiary of any contract between the Owner and the Construction Program
Manager or of their performance thereunder; nor is Inspections Consultant a third
party beneficiary of any contract between the Owner and the Design Consultant.
Inspections Consultant waives any rights, claims or causes of action it may have
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as an alleged third party beneficiary of any such contracts or of the performance of
the parties thereunder.
2.5 INSPECTIONS CONSULTANT REPRESENTATION.
2.5.1 The Inspections Consultant shall designate an officer or employee to act in the
Inspection Consultant's behalf with respect to the Project. The Inspection
Consultant's representative for the Project is Sameer Moussly. This
representative shall have the authority to approve changes in the scope of the
Basic Services and Additional Services hereunder and shall be available during
working hours as often as may be necessary to examine information submitted by
the Program Manager /Owner, to render decisions and to furnish information in a
timely manner.
2.5.2 Within seven (7) days of both execution of this Agreement and the authorization
from the Construction Program Manager to proceed, the Inspections Consultant
shall provide to the Owner, through the Construction Program Manager, a list of
the proposed key project personnel of the Inspections Consultant to be assigned to
the Project. This list shall include such information on the professional
background of each of the assigned personnel as may be requested by the Owner,
through the Construction Program Manager. Such key personnel shall be
satisfactory to the Owner and shall not be changed except with the consent of the
Owner unless said personnel cease to be in the Inspections Consultant's (or its
consultants, if applicable) employ.
2.5.3 All personnel assigned to the Project by the Inspections Consultant shall
cooperate with the Program Manager's /Owner's personnel. In the event any of the
Inspection Consultant's assigned staff fail to so cooperate, the Program
Manager /Owner may, at the election of the Program Manager, meet with the
Inspections Consultant to explain the degree and nature of the failure. If
appropriate adjustments in the performance of the assigned staff are not made as
a result of this meeting the Inspections Consultant shall relieve said assigned
personnel of their duties, when requested in writing by the Program Manager.
2.5.4 The Inspections Consultant was selected largely based upon its ability to provide
adequate, qualified and competent staffing. The Consultant's failure to provide
such staffing may, at the election of the Program Manager /Owner, result in
termination of this Agreement.
2.5.5 All personnel of Consultant engaged in work hereunder shall be fully qualified
and authorized to perform such work under all applicable federal, state and local
laws
2.6 DIVISION OF RESPONSIBILITIES /SERVICES. The Inspections Consultant
understands and agrees that should the Construction Program Manager or Design
Consultant provide the Inspections Consultant with any assistance,
recommendations or other consultation, recommendations or suggestions, any or
all such activities on the part of the Construction Program Manager and/or Design
Consultant, or any other representative of the Owner, shall in no way relieve the
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Inspections Consultant of the responsibility of fulfilling its obligations and
responsibilities under this Agreement.
ARTICLE 3
BASIC SERVICES
3.1 SCOPE OF SERVICES.
3.1.1 The Basic Services to be provided by the Inspections Consultant shall be
performed in accordance with attached Appendix A.
3.2 INSPECTIONS CONSULTANT'S PROFESSIONAL RESPONSIBILITY AND
STANDARD OF CARE.
3.2.1 By execution of this Agreement, the Inspections Consultant warrants that (a) it is
an experienced Inspections firm having the skill and the legal and professional
ability necessary to perform all the Services required of it under this Agreement
in connection with the construction and inspections of a project having the scope
and complexity of the Project contemplated herein; (b) it has the capabilities and
resources necessary to perform its obligations hereunder; and (c) it is familiar
with all current laws, rules and regulations which are applicable to the
Inspections of the Project (such laws, rules and regulations including, but not
limited to, all local ordinances, requirements of building codes of city, county,
state and federal authorities which are applicable to the Project, local laws and
rules and regulations, and all orders and interpretations by governing public
authorities of such ordinances, requirements, laws, rules and regulations in effect
at the time of commencement of services on the Project), and that all reports and
other documents prepared by the Inspections Consultant shall be prepared in
accordance with and shall accurately reflect and incorporate all such laws, rules
and regulations.
3.2.2 In providing services under this Agreement, the Consultant will endeavor to
perform in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing under similar
circumstances in the same jurisdiction. Consultant makes no warranties or
guarantees, express or implied, under this Agreement otherwise, in connection
with Consultant's services.
3.2.3 Upon notice to the Consultant and by mutual agreement between the parties, the
Consultant will without additional compensation, correct those services not
meeting such a standard.
The Inspections Consultant shall be responsible for any errors, inconsistencies or
omissions in their reports and other documents. While the Inspections
Consultant cannot guarantee the various documents required herein to be
completely free of minor human errors and omissions, it shall be the responsibility
of the Inspections Consultant throughout the period of performance under this
Agreement to use due care with professional competence. The Inspections
Consultant further agrees, at no additional cost, to render assistance to the Owner
in resolving problems relating to the Inspections documents.
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3.3 PROJECT MEETINGS.
3.3.1 Throughout the Project, the Inspections Consultant shall meet periodically with
the Construction Manager and Construction Program Manager no less than as
indicated herein. Attendees shall be as determined by the Construction Program
Manager. As a minimum, regularly scheduled meetings which the Inspections
Consultant will attend include:
3.3.1.1 Pre Construction Conference (overall)
3.3.1.2 Pre Construction Conference (subcontract), including, as a minimum:
3.3.1.3 Foundations
3.3.1.3.1 Concrete
3.3.1.3.2 Steel
3.3.1.3.3 Masonry
3.3.1.4 Four Inspections meetings during Construction.
3.3.2 The Inspections Consultant shall be responsible for scheduling and attending any
and all meetings, including OAC Meetings, necessary to properly coordinate the
Inspections effort.
ARTICLE 4
COMPENSATION
4.1 BASIC SERVICES COMPENSATION
4.1.1 The Owner shall compensate the Inspections Consultant on a time spent basis, in
accordance with the terms and conditions of this Agreement, as indicated by
Appendix C, with a Not -to- Exceed amount of $192,630.00.
4.1.2 The Basic Services Compensation stated in paragraph 4.1.1 includes all
compensation and other payments due the Inspections Consultant (manpower,
overhead, profit, direct costs, etc.) in the performance of the Basic Services.
4.2 PAYMENTS TO THE INSPECTIONS CONSULTANT
4.2.1 Payments for Basic Services shall be made monthly in accordance with services
performed.
4.2.2 All payment requests shall be submitted to the Construction Program Manager
for processing, in a format acceptable to the Construction Program Manager.
4.3 PROJECT SUSPENSION
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4.3.1 If the Project is suspended for more than six months or abandoned in whole or in
part by the Owner, the Inspections Consultant shall be paid compensation for
services performed prior to receipt of written notice from the Owner of such
suspension or abandonment, and all reasonable termination expenses resulting
from such suspension or abandonment. If the Project is resumed after being
suspended for more than six months, the Inspections Consultant's Basic Services
Compensation shall be equitably adjusted.
4.4 ADDITIONAL SERVICES COMPENSATION.
4.4.1 With respect to any other Additional Services, as described in Article 7 herein,
performed by the Inspections Consultant hereunder, the Inspections Consultant
and Owner shall negotiate an equitable adjustment to the Basic Services
Compensation. However, if negotiations are not successful prior to the time the
additional services are needed, the Owner may elect to contract with another
entity to perform the Additional Service(s); or the Owner may direct the
Inspections Consultant to proceed with the Additional Services on a time spent
basis with Additional Compensation Services to be computed as follows:
Principal's time at a rate of $110.00 per hour
For the purposes of this agreement, the Principals are: Sameer Moussly.
Employee's time computed per the hourly fees per the Fee and Rate
Schedule, Appendix B. Direct Expense includes the cost of salaries and of
mandatory and customary benefits such as statutory employee benefits,
insurance, sick leave, holidays and vacations, but shall not exceed 1.3 times the
base hourly wage of each employee.
Reimbursable Expenses incurred while performing Additional Services shall be
computed per the fees indicated in the Fee and Rate Schedule, Appendix
B. Before incurring any Reimbursable Expenses, the Inspection Consultant must
request and receive written authorization from the Owner.
4.4.1.1 Should the Owner elect to contract with a separate entity to perform Additional
Services, as described under Paragraph 4.3.1, the Inspections Consultant shall
comply with reasonable requests from Owner, without additional compensation,
with regards to Inspections coordination with the respective separate entity.
4.5 REIMBURSABLE EXPENSES
4.5.1 When pre- approved by the Construction Program Manager, in accordance with
Appendix B, and subject to submittal of receipts and other required
documentation to the Construction Program Manager, expenses incurred by the
Inspections Consultant in conjunction with the services enumerated in Article 3
will be paid on a monthly basis.
4.6 ACCOUNTING RECORDS.
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4.6.1 Records of the Inspections Consultant with respect to Additional Services and
payroll, consultant and other expenses (including Reimbursable Expenses)
pertaining to the Project, shall be kept on generally accepted accounting principles
and shall be available to the Owner or its authorized representative for inspection
and copying at mutually convenient times.
4.6.2 At the request of the Owner or its authorized representative the Inspections
Consultant will supply in a timely manner and certify as accurate, unaltered
copies of all time sheets, invoices, and other documents to substantiate and
document any and all Additional Services and Reimbursable Expenses.
ARTICLE 5
PERIOD OF SERVICE
5.1 For the purposes of this Agreement, services shall be assumed to commence 10
days from the Notice to Proceed, on an "as needed" basis, continuing for a period
of 18 consecutive months.
5.2 Unless earlier terminated as provided in Article 11 hereof, this Agreement shall
remain in force for a period which may reasonably be required for the Basic
Services and Additional Services hereunder. However, the provisions of the
Agreement relating to Professional Responsibility (paragraph 3.2); Dispute
Resolution (Article 12); Professional Liability coverage (Article 9); Indemnification
(Article 10); and Ownership of Documents /Confidential Information (Article 14)
shall remain in effect after termination of the other provisions of the Agreement.
5.3 If the Project is delayed through no fault of the Inspections Consultant, a
reasonable time extension and/or credit shall be negotiated between the
Inspections Consultant and the Owner.
5.4 Time is of the essence of this Agreement. Inspections Consultant recognizes that
the Project completion is dependent upon the timely performance of the services of
the Inspections Consultant. The Inspections Consultant shall coordinate its work
to insure its timely completion, and shall notify the Program Manager in a timely
manner of any anticipated delays or causes or casualties beyond the Inspections
Consultant's control, which may affect the work schedule.
ARTICLE 6
OWNER'S RESPONSIBILITIES
6.1 The Owner shall provide full information regarding the requirements for the
Project.
6.2 The Owner shall examine documents submitted by the Inspections Consultant
and shall render decisions pertaining thereto promptly, to avoid unreasonable
delay in the progress of the Inspections Consultant's Services.
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6.3 The Owner shall furnish copies of design architect/engineer's bid documents and
construction documents..
6.4 The Owner shall furnish such legal, accounting, and insurance counseling services
as the Owner may deem necessary for the Project, and such auditing services as it
may require to ascertain how, or for what purposes, the Construction Manager
has used the moneys paid to it under the Construction Contract.
6.5 All services, information, surveys and reports required of the Owner, shall be
furnished at the Owner's expense and the Inspections Consultant shall be entitled
to rely upon their accuracy and completeness.
6.6 The Owner shall furnish information and approvals required of it expeditiously,
for orderly progress of the Work and shall endeavor to adhere as closely as
possible with the time conditions for such Owner activities as set forth in all
approved schedules for the Project.
7.1 Any services beyond the Basic Services described above shall be performed only as
requested and preceded by the Program Manager's written authorization.
Authorization to proceed shall be in the form of a written amendment to this
Agreement, specifying the work to be performed and the amount (or rate) and
method of payment for such services rendered. Each such amendment, after
execution by both parties to this Agreement, shall become an integral part of this
Agreement.
7.2 The Owner will compensate the Inspections Consultant for authorized Additional
Services performed as herein provided to the extent that they exceed the
obligations of the Inspections Consultant under this Agreement.
8.1 Any notice required by this Agreement or other communications to either party by
the other shall be in writing and deemed given when delivered personally or five
(5) days after deposit in the United States Post Office, postage prepaid certified
mail, return receipt requested, addressed as follows, or to such other address as
shall be duly given by notice meeting the requirement of this Article.
To Owner:
To Inspections Consultant:
ARTICLE 7
ADDITIONAL SERVICES
ARTICLE 8
NOTICES
AUGUSTA, GEORGIA
Fred Russell, Administrator
530 Greene Street, Room 801
Augusta, GA 30901
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With Copy to Construction Program Manager:
INSURANCE DESCRIPTION
a. Worker's Compensation
Sameer Moussly. C.E.O.
MC SQUARED, INC.
1275 Shiloh Rd
Suite 2620
Kennesaw GA 30144
Richard Ingram, Project Manager
Heery International, Inc.
530 Greene Street;
Suite 312
Augusta, GA 30901
ARTICLE 9
INSURANCE
9.1 The Inspections Consultant shall purchase and maintain insurance for protection
from claims under worker's or workmen's compensation acts; claims resulting
from negligent acts or omissions for damages because of bodily injury, including
personal injury, sickness, disease or death of any of the Inspections Consultant's
employees or any other person; claims for damages because of injury to or
destruction of personal property including loss of use resulting therefrom; and
claims arising out of the performance of this Agreement and caused by negligent
acts or omissions for which the Inspections Consultant is legally liable. Minimum
limits of coverage shall be:
b. Public Liability
Bodily Injury: Each Person
Bodily Injury: Each Accident
Property Damage: Each Accident
c. Automobile Liability & Property Damage
Bodily Injury: Each Person
Bodily Injury: Each Accident
Property Damage: Each Accident
d. Professional Liability:
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Minimum Required Coverage
Statutory
$2,000,000 Combined Limit
$500,000
$1,000,000
$1,000,000
$1,000,000 Combined Limit
$100,000
$200,000
$100,000
$2,000,000 per Loss /Claim
9.2 Evidence of such insurance shall be furnished to the Owner, and the Owner shall
receive thirty (30) days prior written notice of any cancellation, non - renewal or
reduction of coverage of any of the policies. Upon notice of such cancellation, non-
renewal or reduction, the Inspections Consultant shall procure substitute
insurance so as to assure the Owner that the minimum limits of coverage are
maintained continuously throughout the period of this Agreement.
9.2.1 The Inspections Consultant shall deliver to the Owner a certificate of insurance
for its Professional Liability coverage annually, so long as it is required to
maintain such coverage under paragraph 9.4.
9.3 All insurance policies (with the exception of Professional Liability) required under
this Agreement shall name the Owner as an additional insured for the insurance
and shall contain a waiver of subrogation against the Owner.
9.4 The Inspections Consultant shall maintain in force during the performance of this
contract and for 2 years after final completion of the Project, the Professional
Liability insurance coverage referenced above.
ARTICLE 10
INDEMNIFICATION
10.1 Notwithstanding anything to the contrary contained herein, the Inspections
Consultant shall indemnify and hold harmless the Owner, the Construction
Program Manager and their Authorities and employees from and against all
claims, damages, losses and expenses, including but not limited to attorney's fees,
arising out of or resulting from (i) the Inspections Consultant's performance or
failure to perform its obligations under this Agreement and (ii) any claim,
damage, loss or expense attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of personal property including the loss of use
resulting therefrom and caused in whole or in part by any negligent act or
omission of the Inspections Consultant, anyone directly or indirectly employed by
the Inspections Consultant or anyone for whose acts the Inspections Consultant
may be liable. Such obligation shall not be construed to negate, abridge or
otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this Article. Inspections
Consultant's liability shall not under any circumstances exceed the policy limits of
their liability coverage.
10.2 Except as otherwise set forth in this Agreement, the Inspections Consultant and
the Owner shall not be liable to each other for any delays in the performance of
their respective obligations and responsibilities under this Agreement which arise
from causes beyond their control and 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, state or
local government acting in its sovereign capacity, and strikes. Owner shall not be
liable to the Inspections Consultant for acts or failures to act by Construction
Program Manager, the Construction Manager or the Owner's consultants.
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ARTICLE 11
TERMINATION OF AGREEMENT
If (1), the Owner abandons the Project or the Project is stopped for more than six
(6) months due to actions taken by the Owner, or under an order of any court or
other public authority having jurisdiction, or as a result of an act of government,
such as a declaration of a national emergency making materials unavailable
through no act or fault of the Inspections Consultant or its employees, or (2), the
Owner has failed to substantially perform in accordance with the provisions of
this Agreement due to no fault of the Inspections Consultant and such
non - performance continues without cure for a period of thirty (30) days after the
Owner receives from the Inspections Consultant a written notice of such
nonperformance (including a detailed explanation of the actions of the Owner
required for cure), the Inspections Consultant may, upon fifteen (15) day's
additional written notice to the Owner, terminate this Agreement, without
prejudice to any right or remedy otherwise available to the Owner, and recover
from the Owner payment for all services performed to the date of the notice
terminating this Agreement.
11.2 Upon the appointment of a receiver for the Inspections Consultant, or if the
Inspections Consultant makes a general assignment for the benefit of creditors,
the Owner may terminate this Agreement, without prejudice to any right or
remedy otherwise available to the Owner, upon giving three (3) working days
written notice to the Inspections Consultant. If an order for relief is entered
under the bankruptcy code with respect to the Inspections Consultant, the Owner
may terminate this Agreement by giving three (3) working days written notice to
the Inspections Consultant unless the Inspections Consultant or the trustee: (1),
promptly cures all breaches; (2), provides adequate assurances of future
performance; (3), compensates the Owner for actual pecuniary loss resulting from
such breaches; and (4), assumes the obligations of the Inspections Consultant
within the statutory time limits.
11.3 If the Inspections Consultant persistently or repeatedly refuses or fails, except in
cases for which extension of time is provided, to supply sufficient properly skilled
staff or proper materials, or persistently disregards laws, ordinances, rules,
regulations or orders of any public authority jurisdiction, or otherwise
substantially violates or breaches any term or provision of this Agreement, then
the Owner may, without prejudice to any right or remedy otherwise available to
the Owner, and after giving the Inspections Consultant written notice, terminate
this Agreement.
11.4 Upon termination of this Agreement by the Owner under paragraph 11.2 or 11.3 it
shall be entitled to furnish or have furnished the Services to be performed
hereunder by the Inspections Consultant by whatever method the Owner may
deem expedient. Also, in such cases, the Inspections Consultant shall not be
entitled to receive any further payment until completion of the Work; and the
total compensation to the Inspections Consultant under this Agreement shall be
the amount which is equitable under the circumstances. If the Owner and the
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Inspections Consultant are unable to agree on the amount to be paid under the
foregoing sentence, the Owner shall fix an amount, if any, which it deems
appropriate in consideration of all of the circumstances surrounding such
termination, and shall make payment accordingly.
11.5 The Owner may, upon thirty day's written notice to the Inspections Consultant
terminate this Agreement, in whole or in part, at any time for the convenience of
the Owner, without prejudice to any right or remedy otherwise available to the
Owner. Upon receipt of such notice, the Inspections Consultant shall immediately
discontinue all services affected unless such notice directs otherwise. In the event
of a termination for convenience of the Owner, the Inspections Consultant's sole
and exclusive right and remedy is to be paid for all work performed and to receive
equitable adjustment for all work performed through the date of termination. The
Inspections Consultant shall not be entitled to be paid any amount as profit for
unperformed services or consideration for the termination of convenience by the
Owner.
11.6 Should the Owner terminate the Inspections Consultant as provided for under
this Article, the Owner will acquire such documents, including the ownership and
use of all plans, specifications, documents and materials relating to the Project
prepared by or in the possession of the Inspections Consultant. The Inspections
Consultant will turn over to the Owner in a timely manner and in good unaltered
condition all such documents.
11.7 The payment of any sums by the Owner under this Article 11 shall not constitute
a waiver of any claims for damages by the Owner for any breach of the Agreement
by the Inspections Consultant.
ARTICLE 12
DISPUTE RESOLUTION
12.1 If a dispute arises out of or related 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, before having
recourse to a judicial forum. Each party further agrees that it will endeavor to
follow a similar dispute resolution procedure to resolve any disputes against any
third parties (including the Construction Manager and Construction Program
Manager) which arise out of or relate to work.
12.2 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 Inspections
Consultant waives any right to contest the venue in the Superior Court of
Richmond County, Georgia.
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ARTICLE 13
SUCCESSORS /ASSIGNMENT
13.1 This Agreement shall inure to the benefit of and be binding on the heirs,
successors, assigns, trustees and personal representatives of the Owner, as well as
the permitted assigns and trustees of the Inspections Consultant.
13.2 The Inspections Consultant shall not assign, sublet or transfer its interest in this
Agreement without the written consent of the other, except that the Inspections
Consultant may assign accounts receivable to a commercial bank or financial
institution for securing loans, without prior approval of the Owner.
ARTICLE 14
OWNERSHIP OF DOCUMENTS /CONFIDENTIAL INFORMATION
14.1 Plans and Specifications are not to be used by the Inspections Consultant on other
projects.
14.2 In order for the Inspections Consultant to fulfill this Agreement effectively, it may
be necessary or desirable for the Owner to disclose to the Inspections Consultant
confidential information. The Inspections Consultant hereby agrees to treat any
and all information gained by it as a result of the Services performed hereunder
as strictly confidential.
ARTICLE 15
ADDITIONAL PROVISIONS
15.1 This Agreement and its Appendices and Attachments represent the entire and
integrated agreement between the Owner and the Inspections Consultant and
supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument signed by both
Owner and Inspections Consultant.
15.2 Unless otherwise specified, this Agreement shall be governed by the law of the
State of Georgia, U.S.A.
15.3 If any one or more of the provisions contained in this Agreement, for any reason,
are held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions thereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein.
15.4 Except where specifically stated otherwise, all periods of time stated in terms of
days shall be considered periods calculated in calendar days.
15.5 The headings or captions within this Agreement shall be deemed set forth in the
manner presented for the purposes of reference only and shall not control or
otherwise affect the information set forth therein or interpretation thereof.
14
15.6 For the purpose of this Agreement unless the context clearly indicates otherwise,
the singular includes the plural, and the plural includes the singular.
15.7 This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, and the counterparts shall constitute one and the
same instrument, which shall be sufficient evidence by any one thereof.
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
15
This Agreement executed the day and year first written above.
OWNER
AUGUSTA, GEORGIA
By:
DEKE S. COPENHAVER, MAYOR
8 / //z
ATTEST:
Address:
530 Greene Street
8th Floor
Augusta, GA 30901
16
INSPECTIONS CONSULTANT
MC SQUARED, INC.
Jo
ATTEST:
MISSION Witness R Az CA.e, S a.cAer%
Address:
1275 Shiloh Rd
Suite 2620
Kennesaw, GA 30144
Appendix A
BASIC SERVICES
The Work consists of all required Construction Materials Testing, Special
Inspections, and NPDES Monitoring Services for the project as necessary to
complete the project. Scope of work includes inspections, testing, documentation
and reporting of work in progress with respect to conformance to technical
requirements of the Contract Documents. The Inspections Consultant will conduct
periodic and continuous inspections, as required and in conformance with the work
schedule of the Construction Manager.
Project Description: The Inmate Processing Center will be approx. 34,000 SF. In
addition 3 existing areas are proposed to be renovated as follows: The existing
Admin Area of approx. 5,300 SF, and the existing Transportation and Medical
Areas of approx. 2,650 SF total.
17
Appendix B
Fee and Rate Schedule
18
FEE AND RATE SCHEDULE
In connection with the Inspection Consultant's preparation of the Cost Proposal it is understood and agreed
hereby that the following Fee and Rate Schedule was the basis for the Cost Proposal to provide the Scope of
Work as set forth in the Request for Proposal. Furthermore, it is also understood and agreed that this Fee and
Rate Schedule will be the basis for any Additional Services required for the work by the Owner.
1. BASIC ENGINEERING SERVICE RATES
A.
C.
D.
ENGINEERING SERVICES
1. Project Geologist, per hour
2. Structural Engineer, PE, per hour
3. Geotechnical Engineer, PE, per hour
4. Environmental Engineer, PE, per hour
5. Staff Engineer, per hour
6. Project Engineer / Project Manager, PE, per hour
7. Senior Engineer / Senior Project Manager, PE, per hour
8. Senior Engineer / Division Manager, PE, per hour
9. Chief Engineer / Principal, PE, per hour
10. Draftsperson, per hour
B. TECHNICIAN SERVICES
1. Chief Engineering Technician, per hour
2. Metals Technician / Inspector, per hour
3. Concrete Technician / Inspector, per hour
4. Soils Technician / Inspector, per hour
5. Environmental Technician / Inspector, per hour
6. Asphalt Technician / Inspector, per hour
7. Roof Technician / Inspector, per hour
8. General Engineering Technician / Inspector, per hour
CLERICAL SERVICES
1. Secretarial, per hour
TRANSPORTATION
1. Vehicle Transportation, per mile
2. Trip Charge: Including mileage and personnel to procure sample and
deliver to laboratory for testing.
$ 65
$ 90
$ 95
$ 95
$ 65
$ 80
$ 110
$ 95
$ 145
$ 45
$ 39
$ 65
$ 39
$ 39
$ 60
$ 55
85
$ 39
$ 40
$ 0.50
$ 50 Local
300 AtI
RFP 12 -141 Material Testing Special Inspection Svcs & NPDES Monitoring
Page 45 of 81
E. MISC. / REIMBURSABLE
1. Miscellaneous
D. SPECIAL SERVICES
$ cost
+ 10%
Special tests, engineering consultations or evaluations in conjunction with any of the following testing services
shall be charged at the Basic Engineering Service Rates. Special supplies and /or equipment not listed shall be
charged at cost.
II. SOILS
A. FIELD SERVICES
Field density tests either by Drive Cylinder, Sand Cone or Nuclear Gauge.
B. LABORATORY SERVICES
Compaction and Density
(a) Standard Compaction Test, ASTM D-698 or AASHTO T -99 including rough
plots and grain size curves except on base rock. Method D does not
include grain size.
(1) Method A (4 "mold), per test
(2) Method B, C or D (6" mold), per test
(3) Standard Proctor, per test
(b) Modified Compaction Test, ASTM D -1557 or AASHTO T -180 including rough
plots and grain size curves except on base rock. Method D does not include
grain size.
(1) Method A (4 "mold), per test
(2) Method B, C or D (6" mold), per test
(3) Modified Proctor, per test
(d) CBR at optimum moisture content, including laboratory compaction test, ASTM
D -1883 or AASHTO T -193 with plot of compaction and CBR curves, each
(e) CBR, Corps. of Engineers Method, each
III. SOIL CEMENT
A. FIELD SERVICES
Observation of Soil Cement Field Placement
B. LABORATORY SERVICES
Soil Cement Design
(a) First soil cement mixture, including grain size determination liquid and plastic limits,
compaction test at three cement contents, curing three specimens at each cement
content and compressive strength tests at each cement content (includes calcium
absorption test on soil sample)
(b) Each additional cement content using same sample, add
(c) For wetting and drying tests, add for each cement content
$ 40
$ 100
$ 100
$ 100
$ 120
$ 120
$ 120
$ 180
$ 375
$ 50
$ 600
$ 50
$ 100
RFP 12 -141 Material Testing Special Inspection Svcs & NPDES Monitoring
Page 46 of 81
IV. ASPHALTIC MATERIALS
A. FIELD SERVICES
1. Observation and field testing of asphaltic concrete placement
2. Two-man asphaltic concrete coring crew, including trailer and equipment,
per hour.
B. LABORATORY SERVICES
Asphaltic Materials and Tests
(a) Asphaltic Concrete Mix Design
1. Marshall method, per design
2. Hubbard - field method, per design, two inch
3. Hubbard - field method, per design, six inch
(b) Bitumen content only
(c) Bitumen and gradation of asphaltic concrete
(d) Density, samples F.O.B. laboratory
1. Already mixed
2. Not already mixed
(e) Hubbard — field stability, samples F.O.B. laboratory
1. Three specimens, two inches
2. Three specimens, six inches
(f) Marshall Method Stability, three specimens
V. CONCRETE AND CEMENT
A. FIELD SERVICES
$ 50
$ 75
$ 600
$ N/A
$ N/A
$ 90
$ 180
$ 45
$ 125
$ N/A
$ N/A
$ 180
(a) Concrete Quality Control Inspection and Testing (including, but not limited to,
visual observations, slump, temperature and air entrainment testing), ASTM
C -143. $ 39
(b) Cylinders (3 specimens per set), ASTM C -39, per set $ included
(c) Reserve cylinders, each $ 9
(d) Inspection and testing of ready mix plants, prestress /precast yards, concrete product plants,
construction sites and concrete structures shall be charged at the Basic Engineering Service Rates
plus testing at cost.
(e) Cylinders made by others shall be picked up and delivered to the laboratory on a time and travel
charge basis at the Basic Engineering Service Rates. A charge of $24 per case of 24 plastic cylinder
molds will be accessed when cylinders are made by others.
RFP 12 -141 Material Testing Special Inspection Svcs & NPDES Monitoring
Page 47 of 81
(f)
Non - Destructive inspection and testing of concrete products and structures, including failures, shall be
charged at the Basic Engineering Service Rates, plus velocity attenuation equipment charged
at cost.
(g) Concrete Coring
1. Two -man crew plus Machine, per hour
2. Machine only, per hour (rental)
3. Compressive strength test, each
B. LABORATORY SERVICES
1. Concrete Materials
Sieve Analysis, Dry ASTM C -136, each
(a) Finer than No. 200 Sieve, ASTM C -117, each
(b) Specific gravity, ASTM C -127 or C -126, Coarse, Fine
(c) Absorption, ASTM C -127 or C -128, Coarse, Fine
(d) Unit Weight, ASTM C -29
(e) Organic impurities (Calorimetric) ASTM C -40
(f) Effect of organic impurities, ASTM C -87
(g) Clay lumps In aggregate, AASHTO T -112
1. Soft Particles, ASDTM C -238
2. Friable Particles, ASTM C -142
$ 75
$ 75
$ 25
$ 50
$ 45
$ 50
$ 100
$ 50
$ 60
$ 60
$ 50
(h) Abrasion (Los Angeles Rattler), ASTM C -131 $ 1 80
1. Preparation of sample if crushed
(i) Staining Test, light weight aggregate, ASTM C -641 $ N/A
(j) Loss an ignition, light weight aggregate $ N/A
(k) Sulfate soundness, Sodium or Magnesium, ASTM -88 five (5) cycle.
Each additional 5 cycles without loss determination. Additional 5 450
cycles with loss determination, each $
(I) Potential Alkali Reactivity, each $ 75
2. Mix Verifications
(a) Initial mix, including basis test of fine and coarse aggregate, six $ 300
confirmatory cylinders, per mix
(b) Additional mixes, same aggregate, six confirmatory cylinders, per mix $ 200
(c) Flexural strength mix six (6) test beams including tests of aggregate, $ 600
per mix
(d) Additional mixes, six (6) test beams, some aggregate per mix $ 500
RFP 12 -141 Material Testing Special Inspection Svcs & NPDES Monitoring
Page 48 of 81
(e) Light weight aggregate mixes, add to above, each
(f) Mix, no confirmatory tests (calculated)
(g) Mix designs, applicable hourly rates
3. Testing of Cylinders and Beams
(a) Cylinders compressive strength, including curing, ASTM C -39, each
(b) Reserves, not tested, including curing, each
(e) Splitting Test, ASTM C -496, each
(d) Beams, per break, ASTM C -78, each
$ 600
$ 125
$ 9
$ 7
$ 15
$ 20
NOTE: Engineering, consultation, evaluation and preparation of samples for testing in conjunction with any
above lab testing services shall be charged at the Basic Engineering Services Rate.
VI. BLOCK, BRICK, TILE, PIPE
A. FIELD SERVICE
(a) Inspection and Testing at Manufacturer's Plant shall be charged at Basic
Engineering Service Rates plus testing at cost.
(b) Mortar and /or Grout cubes (6 specimens per set), per set
B. LABORATORY SERVICES
Concrete Masonry Units
(a) Compressive Strength, ASTM C -140, 5 specimens, each
(b) Absorption and moisture content, ASTM C -140, 5 specimens, each
(c) Linear drying shrinkage, ASTM C -341, minimum 3 specimens, each
(d) Concrete masonry block prism compressive strength tests, per set
VII. METALS
A. FIELD SERVICES
(a) Visual shop and erection inspection, including witnessing of welders
qualifications shall be charged at Basic Engineering Service Rates.
(b) Radiographic, Magnetic Particle and Ultrasonic Testing Charge
(1) Two man radiographic crew with camera and darkroom
(2) Radiographic camera, loaded, each, per hour
(3) Radiographic darkroom on truck, per day
(4) X -ray machine, each, per hour
(5) Magnetic particle machine (dry), per hour
(6) Ultrasonic machine, per hour
(7) Thickness and corrosion measurement equipment, per hour
(c) Bolt Torque inspection and test including calibrated torque wrench, each
(d) Plate or Pile Load Test, each
$ 150
$ 25
$ 10
$ 25
$ 150
$ 175
$ 50
$ 150
$ N/A
$ 50
$ 85
$ 85
$300
will be quoted
RFP 12 -141 Material Testing Special Inspection Svcs & NPDES Monitoring
Page 49 of 81
B. LABORATORY SERVICES
(a) Witnessing of welder's qualification tests shall be charged at Basic Engineering Service Rates
(b) Radiographic, Magnetic Particle and Ultrasonic Testing Charge on metal products or samples shall be
charged at Basic Engineering Service Rates plus equipment rates at the following:
(1) Dye Penetration Equipment, per hour $ 85
(2) Magnetic Particle Equipment, per hour $ 85
(3) Ultrasonic Testing Equipment, per hour $ 85
(4) Radiographic Equipment, per hour $ 85
(c) Physical and Mechanical Properties Testing will be quoted
(1) Tensile test apparent yield and ultimate strength, initial sample $ 50
(2) Guided Bend Test, each will be q u otec
VIII. ROOFING
A. FIELD SERVICES
Roofing installation inspection and Project Meetings shall be charged at Basic Engineering Services Rates.
B. LABORATORY SERVICES
Roofing Materials
(a) Dissection, including total weight, number plies, interply bitumen, top bitumen, aggregate weight and
diagramming, per sample:
(1) With aggregates, (asphalt or coal tar) $ 650
(2) Without aggregates $ 650
(3) Trimming sample to proper size $ 65
(4) Diagramming only $ 85
(b) Moisture Content of felts, ASTM D -95, per sample $ 60
(c) Unit Weight of felt, ASTM C-461, per sample $ 60
(d) Moisture Content of aggregate, ASTM D- 18864, per sample $ 60
(e) Unit Weight of felt, ASTM C-461, per sample $ 60
Fee and Rate Schedule shall be submitted in a separate sealed envelope with the following information on
the outside of it: RFP Item 12 -141 Material Testing, Special Inspection Services and NPDES Monitoring
Services for Webster Detention Center - Phase II - PRICE PROPOSAL
RFP 12 -141 Material Testing Special Inspection Svcs & NPDES Monitoring
Page 50 of 81
Appendix C
Cost Proposal Form
19
DESCRIPTION / ACTIVITIES
QTY.
UNIT
UNIT COST
NOT TO
EXCEED*
COST
Earthwork/Site Utility Testing: Soils Compaction Testing
30
Tests
$ 40
$ 1,200
Domestic Water Testing: Pressure and Leakage Test
(AUD)
1
LS
$ 1,860
$ 1,860
Domestic Water Testing: Residual Chlorine and
Bacteriological Test (AUD)
1
LS
$780
$780
Domestic Water Testing: Backflow Prevention by
Containment Testing (AUD)
1
LS
$ 1,320
$1,320
Sanitary Sewer Testing: Compliance with AUD Leakage
Test
1
LS
$ 6,400
$ 6,400
Asphalt base course testing as specified in section 02505.
5
Tests
$ 38
$ 190
Bituminous Concrete (Asphalt) core sampling, patching,
testing and reporting.
5
Tests
$ 90
$ 450
Concrete monitoring, sampling, testing, and reporting as
specified in sections 01410, 03300. (4 cylinders per set)
150
Sets
$ 35
$ 5,250
Masonry Grout Prisms. (4 prisms per set)
15
Sets
$ 45
$ 675
Masonry Mortar Cubes. (6 cubes per set)
15
Sets
$45
$ 675
Visual weld inspections, bolt testing and deck inspections
as specified in Division 5.
30
Visits
$ 500
$ 15,000
Visual roof inspections and reports
5
Visits
$ 500
$ 2,500
NPDES Monitoring - Monthly Charge (includes mileage,
inspections, reporting, reviews and administration)
15
Months
$ 600
$ 9,000
Submit the following: 1. NOI; 2. Monthly monitoring
reports and summary, and ; 3. NOT to the Program
Manager, East Central Georgia District Office, Georgia
EPD, 1885 -A, Tobacco Rd, Augusta, GA 30906; and
obtain approval of NOT from same
15
Months
$ 100
$ 1,500
Per Event Sampling (per sample as identified on approved
Erosion Control plans)
52
Each
Event
$ 25
$ 1,300
Perform grounding tests on new security fencing & gates -
Approx.1350 If of fence & gates & approx. 16 grounding
rods, submit final report sealed by a PE.
As
require
d
Tests
$4,320
$4,320
Special Inspections
1
LS
Per Schedule
$110,000
APPENDIX C
COST PROPOSAL FORM
Cost Proposal Form shall be submitted in a separate sealed envelope with the following information on
the outside of it: RFP Item 12 -141 Material Testing, Special Inspection Services and NPDES Monitoring
Services for Webster Detention Center - Phase II - PRICE PROPOSAL
RFP # 12 -141 Material Testing, Special Inspection Services &
NPDES Monitoring for the New Webster Detention Center Phase II
RFP 12 -141 Material Testing Special Inspection Svcs & NPDES Monitoring
Page 43 of 111
Management
1
LS
$ 85
$85
Travel Cost (per round trip)
75
Trips
$300 atl
$ 22,500
Attend on as needed bases Owner - Architect -CM
meetings.
15
Meet-
lags
$475
$ 7,125
Maintain and distribute a list of deficiencies, back check
deficiencies when notified that corrections have been
made and redistribute updated lists, submit lists to
Structural Engineer for their review & input, submit lists to
the CM
1
LS
$500
$ 500
TOTAL PROPOSED COST
$192,630
Having carefully examined the scope of work entailed within the solicitation and upon visiting th site
agrees to perform all Special Inspection and Testing Services required herein for the following not to
exceed fee* (unit cost shall be adjusted based on actual quantities):
$ 192,630 as listed above.
One Hundred Ninety Two Thousand, six hundred and thirty Dollars
00 /100
5i• ature
0 E � C�
Title
ritten amount
pg� 20 1 2
Date
and
RFP 12 -141 Material Testing Special inspection Svcs & NPDES Monitoring
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