HomeMy WebLinkAboutMEAD AND HUNT INC AND ARC BEHALF OF THE AUGUSTA AVIATION FOR AVIATION CONSULATION SERVICES AUGUSTA REGIONAL AIRPORT BUSH FIELDCONTRACT
BETWEEN
MEAD AND HUNT, INC.
AND
AUGUSTA RICHMOND COUNTY
ON BEHALF OF
THE AUGUSTA AVIATION COMMISSION
FOR AVIATION CONSULTING SERVICES
AT AUGUSTA REGIONAL AIRPORT AT BUSH FIELD
THIS CONTRACT made and entered into this o( 7 day of
F� brv.a.r , 2013, between Augusta, Georgia (hereinafter called the "City "), by and
through the A ugusta Aviation Commission for the Augusta Regional Airport at Bush Field and
the firm of Mead & Hunt, Inc., a Wisconsin corporation, authorized to do business in the State of
Georgia (hereinafter called the "Consultant "), located at 307 West Main Street, Lexington, South
Carolina, 29072.
WITNESSETH:
WHEREAS, the City is the owner of the Augusta Regional Airport at Bush Field
located in Augusta, Georgia (hereinafter called the "Airport") which is managed by the Augusta
Aviation Commission; and
WHEREAS, the Airport wishes to undertake various Airport development project(s)
which will be described as individual work tasks (hereinafter referred to as the "Project "); and
WHEREAS, the City and the Airport intend to partially finance said project(s) with
financial aid from the U.S. Government acting through the Federal Aviation Administration
(hereinafter referred to as "FAA ") under the Airport Improvement Program; or with financial aid
from the Georgia Department of Transportation (hereinafter referred to as the "GDOT") and the
local participation provided by the City; and
NOW THEREFORE, in consideration of these promises and of the satisfactory
performance by the Consultant of the services hereafter provided and for the payments to be
made therefore by the Airport, the Consultant and the City do hereby agree as follows:
SECTION 1
DEFINITIONS
The following definitions are applicable to the services provided under this Contract:
1.1 Architectural/Engineering (A &E) Services. The term "architectural and engineering
services" means:
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1.1.2 Professional services of an architectural or engineering nature, as defined by State
law, if applicable, which are required to be performed or approved by a person
licensed, registered, or certified to provide such services as described in this
paragraph;
1.1.3 Professional services of an architectural or engineering nature performed by
contract that are associated with research, planning, development, design,
construction, alteration, or repair of real property; and
1.1.4 Such other professional services of an architectural or engineering nature, or
incidental services, which members of the architectural and engineering
professions (and individuals in their employ) may logically or justifiably perform,
including studies, investigations, surveying and mapping, tests, evaluations,
consultations, comprehensive planning, program management, conceptual
designs, plans and specifications, value engineering, construction phase services,
soil engineering, drawing reviews, preparation of operating and maintenance
manuals, and other related services.
1.2 Airport. Augusta Regional Airport at Bush Field.
1.3 Fee. Compensation paid to the consultant for professional services rendered.
1.4 Planning Services. Professional services of the Consultant firm may include: airport
master and system plan studies, airport noise compatibility plans (14 CFR part 150
studies), and environmental assessments and related studies.
1.5 Task Order(s). Shall mean a specific scope of work issued to the Consultant by the
Airport for each project to be completed during the term of the contract.
SECTION 2
CONSULTANT'S PERSONNEL AND SUBCONTRACTORS
2.1 The Consultant shall assign sufficient qualified personnel for completion of the project
within the project's design and construction schedule. Failure to provide adequate
personnel to meet the project schedule may be deemed an event of default by the Airport.
2.2 The Consultant's Project Manager, Gary Siegfried, P.E., shall not be changed during the
term of this Contract unless:
2.2.1 Specifically allowed or requested by the Airport whereupon such change shall be
made as soon as reasonably possible;
2.2.2 For termination of the Project Manager's employment with the Consultant; or
2.2.3 For other reasons outside of the Consultant's reasonable control.
2.3 The following subcontractors have been proposed by the Consultant and accepted by the
Airport:
2.3.1 Cranston Engineering Group, P.C.
2.3.2 Aulick Engineering, LLC
2.3.3 Marr Arnold Planning, LLC
2.3.4 AeroMetric
2.3.5 MC2, Inc.
2.3.6 William R. Gore, Inc.
2.4 Consultant shall not change the subcontractors listed herein without written notice to the
Airport citing the reason therefore and acceptance by the Airport of the proposed
substitute subcontractor, which shall not be unreasonably withheld.
2.5 Consultant shall be responsible for furnishing, maintaining and paying for all labor,
equipment, materials, permits, licenses, supplies and services necessary to perform all of
its responsibilities under this Contract.
2.6 Consultant shall obtain and maintain all permits, licenses, certifications and approvals as
required by all regulatory agencies with jurisdiction over the assigned projects, including
any regulatory agencies of the City.
2.7 Consultant shall comply with all local, state, and federal laws and regulations applicable
to its responsibilities under this Contract.
2.8 Consultant shall provide adequate computer and auxiliary equipment deemed necessary
for the successful delivery of services.
2.9 Consultant's staff shall have cellular phones available at all times for on- demand contact
24 hours per day, 7 days per week. No later than five (5) days after the date of this
Contract, Consultant shall provide Airport with a list of all employees providing services
pursuant to this Contract, along with the cellular telephone number of each. Consultant
shall update that list no later than five (5) days after the issuance of each Task Order.
2.10 The Consultant shall provide vehicles for the daily on- demand use by its employees.
2.11 Consultant shall assign personnel that possess the necessary skill set for the type of
project assigned.
3.1 General
SECTION 3
BASIC SERVICES OF CONSULTANT
This is a Project Task Order Contract with the City, on behalf of the Airport, to provide
general professional Airport Planning and Engineering services, Project Management and
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construction inspection services, in accordance with the FAA Advisory Circular
150/5100 -14D, "Architectural, Engineering and Planning Consultant Services for Airport
Grant Projects ", from the executed date of this Contract. Specific services thereto
associated with the state and locally funded project(s) shall be further described in
Section 3 and Attachment A.
3.2 Scope of Work for Projects
3.2.1 The project(s) to be accomplished under the provisions of this Contract shall be
identified as Task Orders and incorporated into this Contract by reference in the
general Scope of Work in Attachment "A" which shall fully describe the
anticipated scope, schedule, costs and method of payment for providing the
necessary Airport planning, engineering, project management, value engineering,
construction inspection or any other related services requested by the Airport. All
such Task Orders shall require approval of the Augusta Aviation Commission
(hereinafter Aviation Commission).
3.2.2 The Consultant shall prepare a proposal for each Scope of Services when such
services are requested by the Airport. The Airport shall review the proposal, and
when required, submit such proposal for review and concurrence by the FAA or
GDOT or any other approving regulatory agency providing funding for the
project. Upon acceptance by the Airport, and if required, the funding agency, the
proposal shall be presented to the Aviation Commission for approval and
incorporation into the Contract by addendum as a supplement to Attachment "A."
3.3 All memoranda, reports and other documents prepared by the Consultant shall be subject
to review by the Airport's Engineer or his designee, prior to release to the public, the
State or any of its agencies or the Federal government.
3.4 AVIATION PLANNING SERVICES.
Consultant may be required to provide Aviation Planning services such as master
planning, airport noise compatibility planning and environmental assessments and related
studies. These studies may include, but are not limited to, the following types of
activities:
3.4.1 Design study to establish the framework and detailed work program.
3.4.2 Airport data collection and facility inventories.
3.4.3 Aeronautical activity forecasts and demand/capacity analyses.
3.4.4 Facility requirements determination.
3.4.5 Airfield modeling for capacity and delay.
3.4.6 Airport layout and terminal area plan development.
3.4.7 Airport noise studies under 14 CFR parts 150 and 161.
3.4.8 Compatible land -use planning in the vicinity of the Airport.
3.4.9 Airport site selection studies.
3.4.10 Airport development schedules and cost estimates.
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3.4.11 Airport financial planning and benefit cost analysis.
3.4.12 Participation in public information and community involvement programs
and/or public hearings relating to Airport development and planning projects.
3.4.13 Environmental assessments (EA), environmental impact statements (EIS), and
other studies in accordance with FAA Orders 5050.4 and 1050.1.
3.4.14 Airspace analysis.
3.5 ARCHITECTURAL/ENGINEERING (A &E) SERVICES
Consultant may be required to perform A &E services normally required for Airport
Development projects. These types of projects may require architectural, civil,
geotechnical, structural, mechanical, and electrical engineering services:
BASIC ARCHITECT SERVICES
3.5.1 Architects Basic Services will consist generally of the tasks described in this
Section and include licensed professional services for the complete design of the
Project(s), including the design of all architectural, structural, security, heating,
air conditioning, ventilation, plumbing, fire protection, electrical, and civil
components of the project as well as all landscaping, signage /graphics, furniture,
fixtures, equipment, materials and colors. To perform all applicable services,
Consultant shall employ or engage sufficient qualified personnel and
subconsultants to fully and timely accomplish the services promised and agreed
to in this Contract.
3.5.2 The Consultant shall perform all its professional services in a manner satisfactory
and acceptable to Airport, in keeping with the professional standard of care
provided by licensed and skilled architects with substantial experience in
providing similar services for projects similar to the Project. The Architect's
Drawings and Specifications for the Project shall be suitable for their intended use
and shall include plans and profiles necessary to tie all Project water, sewer, gas
and storm drainage lines into adjacent existing lines and facilities, as authorized
and approved by the Airport.
3.5.3 The Consultant's Drawings and Specifications for the Project shall meet all
applicable federal, state, and local statutes, regulations, and codes in effect at the
time construction documents are completed. The Consultant shall endeavor to
secure all governmental approvals in conjunction with the Airport, except that no
waiver shall be requested of any code, standard or specification by Consultant
without the prior written consent of the Airport's Representative and/or the
Aviation Commission.
3.5.4 The Consultant shall perform all Basic Services m accordance with the terms and
conditions of this Contract. The term "Basic Services" as used in this Contract
herein shall mean all of the architectural and engineering services required for the
proper design and construction of the Project(s), and includes, but is not limited
to, all of the following services:
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(a) The design of all applicable grading, sanitary sewers, storm drainage and
sewers, sidewalks, curbs and gutters, paving, site lighting, site handrails
and fences, landscaping, and other site work.
(b) The design of all applicable foundations and other structural components.
(c) All applicable architectural design, including exterior walls, exterior
finishes, interior walls, interior finishes, architectural wood and metals,
building envelope, roofing, flashing, sealants, thermal insulation, sound
insulation, signage, graphics, security systems.
(d) The design of all applicable systems, including without limitation the
electrical, plumbing, heating, ventilating, air conditioning, fire protection,
life safety, audio - visual communications, access control, conveying
systems, and security systems and all interconnections between them.
(e) All other agreed upon design necessary or advisable in order to construct
the Project in accordance with the Airport's plans.
(f) The determination of the availability of utility services to the project,
including water, telephone, gas, electricity, wastewater, storm drainage,
high speed Internet, and other required utilities.
(g)
Evaluation of alternative materials and equipment that may be
incorporated into the project and of all electrical, plumbing, heating,
ventilating, air conditioning, and fire protection, security and other
systems to be incorporated into the project.
(h) Advising the Airport with respect to potential savings in cost and/or time
through the use of alternate materials, equipment, or systems for the
project.
(i)
The preparation of all applicable drawings, specifications and other
documents necessary for the construction of the Project and of all
schedules and other documents necessary in connection with the phasing
of the construction of the project and the eliciting of competitive bids or
proposals (as the City may elect) with respect to the construction of the
Project.
(j) Advising the Airport with respect to the classifications of construction
work included in each aspect of the Project and with respect to the trades
required for the construction of each aspect of the Project.
(k) Participation, as provided in this Contract or any Task Order, in the
process of securing and evaluating bids and/or proposals for the selected
contractor for the Project (s).
(1) Providing to the Airport estimates of construction cost for various portions
of the project, in detail sufficient to permit the Airport to evaluate
proposals or bids received for the construction of various portions of the
Project(s).
(m) Participation in meetings with the Airport to advise in the coordination of
the construction of the Project(s).
(n) Observation and administration of the construction process as specifically
set forth in the Task Order.
(o) Preparation and evaluation of proposed change orders with respect to the
construction of the Project.
(p) Review and approval of all shop drawings, product data and samples.
(q) Investigations of existing conditions in order to enable Consultant to
perform the Basic Services.
(r) Services to the Airport with respect to the correction of any defective or
nonconforming work by Contractors.
(s) Preparation of a set of reproducible record drawings showing the project
as constructed and based upon as-built drawings, and other information
furnished to the Consultant. This information shall be delivered to the
Airport on computer disc in a version compatible with AutoCAD 2007.
(t) Utilization of "E- Project" as the Project Management web -based
communications and document control system.
3.5.5 The entire compensation of the Consultant for the performance hereunder of
services, including any and all compensation in respect to costs or expenses
incurred by Consultant in the performance hereunder and any Reimbursable
Expenses payable to Consultant in respect to the performance hereunder or any
Task Order issued shall be paid at the rates set forth in Attachment B. Consultant
acknowledges that, in order to obtain the approval of Aviation Commission and
Board of Commissioners in respect to various matters pertaining to the design and
construction of the Project, Consultant may have to make multiple presentations
to various boards, agencies and public groups and agrees that the making of any
and all such presentations is part of its services.
3.5.6 Notwithstanding anything to the contrary set forth herein, preparing drawings,
specifications and other documentation and supporting data, evaluating proposals,
and providing other services in connection with Change Orders and Construction
Change Directives, are parts of Basic Services.
3.5.7 Consultant's Basic Services shall be performed and completed in accordance with
the schedule set forth in each Task Order, except as adjusted for approved
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extensions. The Consultant shall not be penalized for delays occasioned by action
or inaction by the Aviation Commission or City's Board of Commissioners.
3.6 Preliminary Phase. This phase involves those activities required for defining the scope
of a Project and establishing preliminary requirements. Some examples of activities
within this phase of a Project include:
3.6.1 Conferring with the Airport on Project requirements, finances, schedules, early
phases of the Project, and other pertinent matters and meeting with FAA and other
concerned agencies and parties on matters affecting the Project.
3.6.2 Planning, procuring, and /or preparing necessary surveys, geotechnical
engineering investigations, field investigations, and architectural and engineering
studies required for preliminary design considerations.
3.6.3 Developing design schematics, sketches, environmental and aesthetic
considerations, project recommendations, and preliminary layouts and cost
estimates.
3.7 Design Phase. This phase includes all activities required to undertake and accomplish a
full and complete project design. Examples include, but are not limited to, those below:
3.7.1 Conducting and attending meetings and design conferences to obtain information
and to coordinate or resolve design matters.
3.7.2 Collecting engineering data and undertaking field investigations; performing
geotechnical engineering studies; and performing architectural, engineering, and
special environmental studies.
3.7.3 Preparing necessary engineering reports and recommendations.
3.7.4 Preparing detailed plans, specifications, cost estimates, and design/construction
schedules.
3.7.5 Preparing construction safety plans.
3.7.6 Printing and providing necessary copies of engineering drawings and contract
specifications.
3.8 Bidding and Negotiation Phase. These activities are sometimes considered part of the
construction phase. They involve assisting the Airport in advertising and securing bids,
negotiating for services, analyzing bid results, furnishing recommendations on the award
of contracts and preparing contract documents.
3.9 Construction Phase. This phase includes all basic services rendered after the award of a
construction contract, including the following activities:
3.9.1 Providing consultation and advice to the Airport during all applicable phases of
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construction.
3.9.2 Representing the Airport at preconstruction conferences.
3.9.3 Inspecting work in progress periodically and providing appropriate reports to the
Airport.
3.9.4 Reviewing and approving shop and erection drawings submitted by contractors
for compliance with design concept/drawings.
3.9.5 Reviewing, analyzing, and approving laboratory and mill test reports of materials
and equipment.
3.9.6 Preparing and negotiating change orders and supplemental agreements.
3.9.7 Observing or reviewing performance tests required by specifications.
3.9.8 Determining amounts owed to contractors and assisting Airports in the
preparation of payment requests for amounts reimbursable from grant projects.
3.9.9 Making final inspections and submitting punch -lists and a report of the completed
project to the Airport.
3.9.10 Reviewing operations and maintenance manuals.
3.10 Basic Services
Basic Services shall include the following:
3.10.1 Making revisions in drawings, specifications or other documents if such revisions
are:
(a) inconsistent with approvals or instructions previously given by the
Airport, including revisions made necessary by adjustments in the
Airport's program or Project budget;
(b) required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents;
(c) due to changes required as a result of the Airport's failure to render
decisions in a reasonably timely manner;
(d) Providing services required because of significant changes in the project
including, but not limited to, size, quality, complexity, Airport schedule,
or the method of bidding or negotiating and contracting for construction;
(e) Evaluating substitutions proposed and making subsequent revisions to
Drawings, Specifications and other documentation resulting therefrom;
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(f) Consultation concerning replacement of Work damaged by fire or other
cause during construction, and furnishing services required in connection
with the replacement of such work;
(g) Evaluating claims in connection with the Project, provided however that,
if and to the extent that any such claims arise out of or are the result of any
negligent or wrongful act or omission of Consultant and/or any failure by
Consultant to perform Basic Services and/or Additional Services subject
to and in accordance with the terms and provisions set forth in this
Contract, the Consultant shall be entitled to no compensation for the
evaluation of such claims; and
(h) Providing services in connection with a dispute resolution proceeding or a
legal proceeding except where Consultant is party thereto, provided
however, that if Consultant is a party to any such proceeding and/or if and
to the extent that any such proceeding arises out of, is the result of or
involves as an issue any negligent or wrongful act or omission of Architect
and/or any failure by Consultant to perform Basic Services and/or
Additional Services subject to and in accordance with the terms and
provisions set forth in this Contract, such services shall be included in
Basic Services required to be performed hereunder by Consultant.
3.11 Additional Basic Services
3.11.1 Providing analyses of Airport needs and programming the requirements of the
Project.
3.11.2 Providing financial feasibility or other special studies.
3.11.3 Providing planning surveys, site evaluations or comparative studies of
prospective sites.
3.11.4 Providing special surveys and environmental studies required for approvals of
governmental authorities or others having jurisdiction over the project.
3.11.5 Providing services relative to future facilities, systems and equipment.
3.11.6 Providing services to investigate existing conditions or facilities or to make
measured drawings thereof.
3.11.7 Providing services to verify the accuracy of drawings or other information
furnished by the Airport.
3.11.8 Providing detailed quantity surveys or inventories of material, equipment and
labor.
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3.11.9 Providing analyses of owning and operating costs.
3.11.10 Providing assistance in the utilization of equipment or systems such as testing,
adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance, and consultation during
operation.
3.11.11 Providing services after issuance to Airport of the final Certificate for
Payment, or in the absence of a final Certificate for Payment, more than one
year after the date of Final Completion.
3.12 Schematic Design Phase
3.12.1 The Consultant shall consult with the Airport's Representative to clarify the list of
priorities for the project and shall conform the Schematic Design to such
requirements and priorities as stated in the Project.
3.12.2 The Consultant shall provide a preliminary evaluation of the project, including
without limitation the schedule and the construction budget.
3.12.3 The Consultant shall prepare Schematic Design Studies ( "Studies ") for
consideration and approval by the Airport's Representative, and shall submit the
drawings and/or other documents which illustrate the scale and relationship of the
Project components within the time allotted under the agreed Performance
Schedule as detailed in the Task Order for the Project and as adjusted for
approved time extensions. The Studies shall be submitted in electronic format
and shall consist of at least the following:
(a) Site plan showing plans for each level;
(b) Elevations for all structures with two or more sections for each structure;
(c) Outline specifications;
(d) Statistical summary of design areas; and
(e) Drawings necessary to adequately present the concept.
3.12.4 The Schematic Design shall include the normal and customary disciplines for the
standard of care of designing a facility similar in function, objectives,
classification, construction, and size to the facility described in the project,
including, architectural design, structural design, mechanical design, electrical
design, civil design, landscapes design, and interior design. Materials research
and specifications shall also be included in this phase of the Project.
3.12.5 The Consultant will be required to provide the Airport a statement of probable
construction cost based on the Consultant's Schematic Design. Should the
Consultant's statement of probable construction cost exceed the Project budget,
the Consultant shall work with the Airport and make changes to its Schematic
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Design to bring the Project costs within the budget while satisfying Project
requirements. The Consultant shall make a presentation to the Airport upon the
completion of the Schematic Design.
3.12.6 If the Consultant's Schematic Design cost estimate exceeds the Project budget,
the Consultant shall make recommendations to the Airport regarding various
means whereby the budgetary and functional objectives of the Project can be met.
Said recommendations shall provide for adjustments to enable the construction of
the facility within the Project's budget and schedule.
3.13 Design Development Phase
3.13.1 The Consultant shall prepare Design Development Documents based on the
Schematic Design Documents approved by the Airport. Design Development
Documents shall include adequate specifications for elements of the Project for
approval by the Airport. Design Development Documents shall fix and describe
the size, cross sections and character of the project as to architectural, structural,
vertical transportation, mechanical, life safety, electrical and other systems,
materials, and such other essentials as may be necessary and appropriate resulting
in fully developed floor plans, exterior elevations, interior elevations, reflected
ceiling plans, wall and building sections, key details and basic building systems.
The Design Development Phase shall be completed within the agreed upon
Project Performance Schedule.
3.13.2 The Consultant shall submit the proposed Design Development Documents to the
Airport Representative for review.
3.13.3 The Consultant shall submit outline specifications for all major elements of
construction including, but not limited to: architectural, structural, mechanical,
civil design, landscape, interior, electrical, signage/graphics, security, furniture,
fixtures and equipment (FF &E) and vertical transportation. Materials research and
specifications shall continue with the production during this phase of a design
manual, including design criteria and outline specifications and materials lists.
3.13.4 The Consultant will be required to provide the Airport a statement of construction
cost based on the Consultant's Design Development Documents. Should
Consultant's statement of construction cost exceed project budget, Consultant
shall work with the Airport's Representative and make changes to the Design
Development Documents to bring the Project into the budget.
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3.14 Construction Documents Phase
3.14.1 Upon the Airport's approval of Design Development Documents, the Consultant
shall prepare Proposed Construction Drawings and Specifications setting forth in
detail the requirements of the Project for bidding purposes, including the
necessary bidding information.
3.14.2 The Consultant will be required to prepare a statement of probable construction
cost based on the Proposed Construction Documents. Should the Consultant's
statement of probable construction cost exceed the Project budget, the Consultant
shall work with the Airport's Representative, and make changes to bring the
project into the budget with appropriate compensation to the Consultant.
3.14.3 The Consultant shall submit Proposed Construction Documents to the Airport's
Representative for review:
(a) Tracing of the Project Title Sheet, signed by the Consultant, with seal
affixed. (This tracing shall be returned to City Representative to print
Contract Documents when the signatures of City officials have been
properly affixed);
(b) Three (3) unbound copies of approved specifications for use with
subsequent binding of the signed construction contracts. Contract
documents shall be subject to the approval of the City Attorney's Office;
and,
(c) A complete set of reproducible drawings with seal affixed.
3.15 Bidding Process
3.15.1 Each bid phase will be identified by the Airport Representative. The Consultant
shall comply with all City and federal bidding requirements.
3.15.2 The Consultant shall, subject to the approval of Airport and as part of Basic
Services prepare all bidding documents.
3.15.3 The Consultant shall participate in all pre -bid conferences, including on -site visits
to facilitate bidders' understanding of the Construction Documents, the various
on -site conditions, and the coordination and scheduling requirements conducted
by the Airport and City's Representatives for the benefit of all bidders, it being
specifically understood that these conferences shall be a forum for the City,
Airport Representative, and Consultant to present the project parameters to the
bidders, including information concerning scheduling requirements, time /cost
control requirements, access requirements, administrative requirements and
technical information regarding the project.
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3.15.4 Upon receipt of bids, the Consultant shall assist the Airport where necessary to
evaluate the bids for completeness, responsiveness and price, including alternate
prices and unit prices. Consultant shall assess the impact of bid prices on
Construction Cost and shall make appropriate budget recommendations to the
Airport based upon the bids received for the purpose of keeping the construction
of the Project within the Airport's project budget. The final decision regarding
the award of the bid will be the responsibility of the Airport with no liability or
responsibility to the Consultant.
3.15.5 It shall be the responsibility of the Consultant to work with the Airport to ensure
that line item budgets for trades and work items are met through competitive
bidding. If any line item is exceeded, the Consultant shall propose and, upon the
Airport's approval, implement adjustments to the Bid Documents until these
budgets are met throughout the entire project with additional compensation to the
Consultant. Additionally, Consultant shall provide coordination of construction
elements within the documents performed by separate contractors or by Airport's
own forces and coordination of services required in connection with construction
performed and equipment supplied by the City.
3.16 Construction Phase - Administration of the Construction Contract(s)
3.16.1 The Construction Phase will commence with the award of the first
construction contract or purchase order by Airport of the entire project. It is
understood, however, that Consultant shall continue to assist Airport in the
correction of defects in project materials and workmanship, resolution of
defects in project materials and workmanship, and resolution of project -
related claims and disputes, in no case past one year after the final completion
of the project. Acceptance of the project by the Airport shall be deemed to
have occurred upon the occurrence of all of the following events: (i) the
issuance by the Consultant of a certificate of substantial completion of the
project; and (ii) the issuance by the appropriate governmental authority of a
certificate of occupancy for the project; and (iii) the commencement of
beneficial occupancy of the project by the Airport; and (iv) written acceptance
of the project by the Airport Representative.
3.16.2 When requested by the Airport, the Consultant shall render interpretations
necessary for the proper execution or progress of the work with reasonable
promptness as required by the demands of the project.
3.16.3 During the Construction Phase the Consultant shall keep the Airport informed
in writing of the progress of the Project at least on a weekly basis.
3.16.4 The Consultant shall provide a qualified representative for on -site
construction observation. The representative shall visit the site at least once
per week to become generally familiar with the progress and quality of the
completed work, and to determine if the work is proceeding such that it will
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be in accordance with the Contract Documents upon completion. The
Consultant shall prepare a Field Report of each visit and shall submit it to the
Airport following the visit. The Consultant's report shall constitute a
representation by Consultant to Airport, based on observations at the site that
to the best of Consultant's knowledge, information and belief, the quality of
the completed work is in accordance with the contract documents (subject to
an evaluation of the work as a functioning whole upon substantial completion,
to the results of any subsequent tests required by the contract documents, to
minor deviations from the contract documents correctable prior to project
completion, and to any specific qualifications expressly stated in the
Consultant's report).
3.16.5 The Consultant shall employ all best methods to safeguard the Airport against
defects and deficiencies in the completed work (consistent with Paragraph
3.16.4 above). The Consultant shall not be responsible for the construction
means, methods, techniques, sequences of procedures, nor for the safety
precautions and programs employed in connection with the work. However,
the Consultant shall promptly inform Airport as any defects and deficiencies
in the completed work are observed, or when any observed actions or
omissions are undertaken by the contractor(s) which are not in the best interest
of the Airport or the Project.
3.16.6 The Consultant shall have authority to reject work which does not conform to
the contract documents, it being understood that no such action will be taken
without the prior consultation with the Airport.
3.16.7 Whenever the Consultant considers it necessary or advisable, it shall have
authority to require inspection or testing of the work in accordance with the
provisions of the contract documents, whether or not such work is fabricated,
installed or completed.
3.16.8 Upon the Airport's written request, the Consultant shall make
recommendations on all claims and disputes among the Airport, contractor(s)
relating to the execution and progress of the work or the interpretation of the
contract documents, based upon such review and analysis by the Consultant as
may reasonably be required.
3.16.9 Consultant shall review shop drawing, samples and other submissions of the
Contractor for conformance with the design of the project and with the
Contract Documents.
3.16.10 Consultant shall prepare Change Orders to the Consultant's contract after
review and approval by the Aviation Commission. Each Change Order shall
be specific and final as to the cost and time impacts of the change, with no
reservations or other provisions allowing additional any compensation or
adjustment as a result of the particular changes identified in the Change Order.
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Change Orders shall be submitted to the Airport Representative, for approval
by the Airport.
3.16.11 The Consultant shall assist the Airport in conducting inspections to determine
the date of final completion, shall receive and review written warranties and
guarantees and related documents for submittal with the final Certificate for
Payment, and shall prepare and present a final Certificate of Payment to the
Airport Representative for the Airport's approval and payment. During the
final completion process the Consultant shall:
(a) In conjunction with Airport, make determinations as to whether all or
significant portions of the construction of the project are complete and
shall notify the Contractor of any observed incomplete or defective work
incorporated into the project. When incomplete or defective work has
been remedied by the Contractor, the Consultant shall advise the Airport
of the acceptability and completeness of all or significant portions of the
project;
(b) In conjunction with Airport and after the correction of all punch list items,
make a final inspection of the Project and shall make a report to Airport
which will indicate whether Consultant finds the construction of the
Project to be acceptable and in accordance with the Contract Documents
and relevant project data;
(c) In conjunction with the Airport, participate in the checkout and starting of
all utilities and operating systems incorporated into the project;
(d) Assist the Contractor by providing schematic electronic drawings and
specifications for the Contractor to provide appropriate operational charts
relating to mechanical and electrical systems for posting in mechanical
equipment rooms located in the Project;
(e) Provide evaluation services during the one -year period after Final
Completion of construction of the project for the purpose of assisting
Airport in determining the cause of and potential solutions for any
significant project problems and finding a solution to such problems;
(fj Conduct at least one follow -up inspection of the project within thirty (30)
days before expiration of the one (1) year Warranty period to verify that
all defective and/or non - conforming work incorporated into the
construction of the project has been properly corrected; and
(g)
Assist the Airport to ensure that the project Final Completion dates set
forth on the project have been accomplished within the time frames and
schedules set.
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3.16.12 The Consultant shall attend regularly scheduled progress meetings as required
by the Airport at a site to be selected by the Airport.
3.16.13 The Consultant may recommend to the Airport minor changes in the
Construction Documents that consistent with the Contract Documents and do
not involve any adjustment in the price or any extension of the Project
Schedule. Such changes shall be accomplished by Change Directive. The
Consultant shall issue written clarifications to written requests for
information. Consultant shall submit copies of such clarifications to the
Airport in writing.
3.16.14 The Consultant shall prepare and deliver to the Airport a set of reproducible
and standard electronic format Record Construction Drawings and Record
Construction Specifications showing significant changes in the work during
the construction process and final location of mechanical and electrical service
lines and outlets and of water, sewer, gas and storm drainage lines based upon
marked -up prints of drawings and other data furnished.
3.16.15 The Consultant shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. Consultant's action shall be taken with such reasonable
promptness as to cause no delay in the work or in the activities of the Airport contractors, while
allowing sufficient time in Consultant's professional judgment to permit adequate review. The
Consultant shall not be held liable for delays caused in whole or in part by a delay on the part of
the Airport in timely approving such submittals.
3.16.16 The normal period for the review by Consultant of Shop Drawings, Product
Data, Samples and other documents and information submitted by Contractor
in connection with the project shall not be longer than ten business days from
the date of receipt at the offices of the Consultant, unless such period is
extended by Airport and/or unless contractor fails to make such submittals in a
timely fashion in accordance with a reasonable submittal schedule to be
developed by Contractor and approved by the Airport, provided however that:
(a) Whenever any such submittals are reasonably required by the Airport to
be reviewed by the Consultant on an accelerated basis, the review period
shall not be any longer than that reasonably required by the Consultant to
perform such review and, in any event, shall not be longer than forty -eight
(48) hours.
(b) If the Contractor fails to make such submittals in a timely fashion and
such submittals are not reasonably required by the Airport to be reviewed
by the Consultant on an accelerated basis, the review period shall not be
any longer than that reasonably required by Consultant to perform such
review and, in any event shall not be more than ten (10) business days.
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3.16.17 The normal period for the review by the Consultant of requests for
clarification submitted by the Contractor and the Airport in connection with
the Project shall not be longer than five (5) business days unless such period is
extended by the City Representative; provided however, that:
(a) Whenever any such requests are reasonably required by the Airport to be
reviewed by the Consultant on an accelerated basis, the review period
shall not be any longer than that reasonably required by the Consultant to
perform such review and, in any event, shall not be longer than twenty -
four (24) hours; and
(b) When any request for clarification submitted by or on behalf of contractor
and Airport requires that a change be made in the Drawings and/or the
Specifications, the change to the Drawings and/or the Specifications shall
be made by the Consultant within ten (10) calendar days after the change
in the work has been defined and the notification by the Airport to
Consultant to proceed with the making of such change.
3.16.18 If professional design services or certifications by a design professional
related to systems, materials or equipment are specifically required of the
Contractor by the contract documents, Consultant shall specify appropriate
performance and design criteria that such services must satisfy. Shop
Drawings and other submittals related to the contractor's work designed or
certified by the design professional retained by the contractor shall bear such
professional's written approval when submitted to the Consultant. Consultant
shall be entitled to rely upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such design professionals.
3.16.19 The Consultant shall interpret and decide matters concerning performance of
the Contractor under, and requirements of, the contract documents on written
request of either Airport or the Contractor. Contractor's response to such
requests shall be made in writing within any time limits agreed upon or
otherwise with reasonable promptness.
3.16.20 At any time the Consultant is serving as the Airport's representative for those
Services as defined in this Contract and to provide advice and consultation to
the Airport, an opinions of probably project costs, reviews and observations,
and other decisions made by Consultant for the Airport are rendered on the
basis of experience and qualifications and represent the professional judgment
of the Consultant. However, the Consultant cannot and does not guarantee
that proposals, bids or actual project or construction costs will not vary from
the opinion of probable cost prepared by it.
3.17 Certificates for Payment
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3.17.1 The Consultant shall review each of the Contractor's applications for payment
and shall issue, within the time allowed by the construction contract, a certificate
of payment in such amount as the Contractor is entitled to receive based on the
work that the Contractor has properly completed as of the closing date of the
application for payment.
3.17.2 The Consultant's certification for payment shall constitute a representation to
Airport, based on Consultant's evaluation of the Contractor's work and on the
data comprising the Contractor's Application for Payment, that the project has
progressed to the point indicated and that, to the best of Consultant's knowledge,
information and belief, the quality of the project is in accordance with the contract
documents. The foregoing representations are subject (1) to an evaluation of the
project for conformance with the contract documents upon final completion; (2)
to results of subsequent tests and inspections; (3) to correction of minor deviations
from the contract documents prior to completion; and (4) to specific qualifications
expressed by the Consultant.
SECTION 4
ADDITIONAL SERVICES OF CONSULTANT
4.1 General. Consultant shall furnish or obtain approval from the Airport for additional
services that may not be considered normal or customary Airport Planning, Engineering,
Project Management and Construction Inspection Services such as Forestry Services.
4.1.1 As part of its Value Engineering and Peer Review responsibility the Consultant
shall ensure all necessary regional, environmental, planning, engineering, and
related agency approval criteria for the Project has been performed and approved
prior to the issuance of a Notice to Proceed (NTP) to the contractor for beginning
construction. Consultant shall provide a complete description of all Field surveys,
Geotechnical investigations, material testing, etc., required to complete the Scope
of Work as part of its proposal for the proper completion of each Task Order.
4.1.2 The Consultant will provide the Airport with copies of all draft interim reports,
final reports and other study documents required for review by local, state, and
federal agencies as described in the Attachment "A" Scope of Work.
4.1.3 The Consultant will represent the Airport, as requested, in public meetings and
other meetings for the Project and shall prepare necessary drawings and exhibits
for presentation purposes.
4.1.4 The Consultant will assist the Airport with the submission of the project(s)
documents to the FAA, GDOT, and any other agencies identified by the Airport,
for their review and approval. The Consultant will prepare all necessary
documents for review and signature by the Airport, and on behalf of the Airport,
coordinate the review and approval of such documents.
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4.1.5 The Consultant will provide the services described in accordance with the policies
established by the Airport, FAA, and the GDOT for Aviation Consultant Services.
4.1.6 Some examples of special services that might be employed for Airport projects
include, but are not limited to, the following:
(a) Soil investigations, including core sampling, laboratory tests, related
analyses, and reports.
(b) Detailed mill, shop, and/or laboratory inspections of materials and
equipment.
(c) Land surveys and topographic maps.
(d) Field and/or construction surveys.
(e) Photogrammetry surveys.
(f) On -site construction inspection and/or management involving the services
of a full -time resident engineer(s), inspector(s), or manager(s) during the
construction or installation phase of a project. This differs from the
periodic inspection responsibilities included as part of the basic services.
(g) Special environmental studies and analyses.
(h) Expert witness testimony in litigation involving specific projects.
(i) Project feasibility studies.
(j) Public information and community involvement surveys, studies, and
activities.
(k) Preparation of record drawings.
(1) Assisting the Airport in the preparation of necessary applications for local,
State, and Federal grants.
(m) Preparation of or updating of the airport layout plan.
(n) Preparation of property maps.
(o) Construction management.
(p) Preparation of quality control plan.
(q) Preparation of final report.
The Airport shall perform the following:
SECTION 5
AIRPORT'S RESPONSIBILITIES
5.1 Assist Consultant by placing at its disposal all available information pertinent to the
project including previous reports and any other data relative to the Project.
5.2 Furnish to Consultant, as required for the performance of Consultant's services, all
reasonably available as -built data on the Project elements.
5.3 When requested by the Consultant, aid in procuring 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. The Consultant
shall be responsible for the preparation of the documents required to be submitted with
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the permit applications and shall be responsible for ensuring such permits have been
received prior to the issuance of a Notice to Proceed to a contractor so as not to delay the
project. In addition, as directed by Airport the Consultant will attend meetings and work
with the representatives of the appropriate authorities to secure approval of the project.
The Airport will assist in this process.
5.4 Designate in writing a person to act as Airport's representative with respect to the
services to be rendered under this Contract. Such person shall transmit instructions,
receive information, and interpret and define the Airport's policies and decisions with
respect to materials, equipment elements, and systems pertinent to Consultant's services.
5.5 Give written notice to Consultant whenever the Airport observes or otherwise becomes
aware of any development that may affect the scope or timing of Consultant's services, or
any defect in the work.
SECTION 6
AIRPORT OWNERSHIP OF DRAWINGS AND CONTRACT DOCUMENTS
6.1 Reproducible copies of drawings and copies of other pertinent data should be made
available to the Airport upon request. Copies of disks containing all drawings should be
furnished to the Airport.
6.2 When a contract is only for preliminary plans, no commitment that would constitute a
limitation on the subsequent use of the preliminary plans or ideas incorporated therein
should be stated or implied.
SECTION 7
TERM OF CONTRACT
7.1 The term of this Contract shall be for a period of five (5) years from the execution date
unless earlier terminated as set forth herein.
7.2 The provisions of this Section 7, and the rates of compensation for Consultant's services
provided for elsewhere in this Contract, have been agreed to in anticipation of the orderly
completion of each project (i.e., Task Order assignments). Consultant's obligation to
render services hereunder may be extended by the Airport for a period reasonably
required for the completion of the project including extra work in accordance with the
approved Project schedule.
7.3 Consultant's services shall be considered complete upon satisfactory completion of the
services outlined in this Contract and all approvals from federal and state agencies have
been obtained.
SECTION 8
PAYMENTS TO CONSULTANT
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Methods of Payment for Services and Expenses of Consultant:
8.1 Attachment "A" contains a complete description of project cost for each Task Order.
8.2 Payment shall be based on percentages of Task Orders complete per month (plus sub
consultant effort) for each lump sum phase of the project. Payment shall be based on
actual and authorized man hours (and sub consultant effort) expended per the monthly
summaries submitted for each project element which are identified as "cost plus fee"
Task Orders in the general Scope of work but are specifically identified in each Task
Order (described in Attachment "A ") to be invoiced based on actual costs incurred. A
written progress report will be submitted with each invoice describing the services
performed during the period to support the estimates of work tasks completed.
8.3 Each Task Order prepared, as a supplement to Attachment "A" and the general Scope of
Work shall include a definitive description for the "Method of Payment" which clearly
identifies project costs and how each item of cost shall be paid by the Airport. The
"Method of Payment" shall designate whether the Task Order shall be a "lump sum"
Contract amount or a "cost plus fee not to exceed" type Contract amount.
8.4 The services to be provided in Attachment "A" shall be completed for the costs detailed
in the Attachment "A" and within the time period described in the schedule contained
with Attachment "A ". The Consultant will provide updates to the Project schedule from
time to time so as to keep the Airport informed of progress. Any changes to the Project
schedule shall be subject to review and approval by the Airport (with concurrence from
the FAA and GDOT if necessary). Consultant shall not extend any Project Schedule
without approval of the Airport.
8.5 Should additional services be required beyond the scope of this Contract, adjustments to
the contract amount shall be provided for in a written amendment to this Contract, said
amendment to be negotiated by the Airport and Consultant, and approved by the GDOT
or the FAA as appropriate. Payments for work scope elements that exceed initial
estimates are eligible for federal reimbursement only by prior coordination with, and
approval by the FAA.
8.6 Standard Billing Rates — Consultant's Standard Contract Billing Rates for each category
of employee, overhead multiplier rates and fees are attached hereto as (Attachment "B ")
and incorporated by reference. All such Billing Rates are guaranteed for one year from
the date this Contract is signed and may be modified, subject to FAA approval, each
additional year afterwards. The individual contract amount for each Task Order
(Attachment "A ") will not be subject to change because of any changes to the standard
billing rates incurred after each Task Order is authorized; The rate of increase to the
standard billing rates shall be limited to no more than five percent (5%) per annum.
Updated Contract Billing Rates shall be provided to the Airport by the Aviation
Commission in January of each calendar year during the term of the Contract. The
Contract rates for future Task Orders will be determined based upon prevailing industry
standard billing rates in effect at the time the request is made.
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8.7 This Contract does not bind the Airport to pay the full Contract Price for each project
described in the Scope of Services when the Task Order contract is "cost plus fee" not to
exceed maximum ceiling amount for the project. This Contract does bind the Airport to
pay the Consultant its fees and costs in rendering the described Task Order services up to
the ceiling amount of the "cost plus fee" type Contract Price. The Consultant therefore
agrees to use its best professional judgment and efforts to fulfill efficiently and
effectively all of the requirements of this Contract at the lowest reasonable cost to the
Airport. Where the Task Order provides for a "lump sum" contract amount, the
Consultant understands and agrees that this Contract will bind the Airport to pay the full
Contract Price for such "lump sum" Task Order contract proposals.
8.8 Each invoice shall directly attribute each charge to some specific service, tasks or phase
called for in the project, and shall include an assessment of progress. If the Airport
determines that progress toward completion of the project is not commensurate with the
invoiced amount, the Consultant shall substantiate the invoiced amount or revise the
invoice accordingly.
8.9 Detailed supporting documentation for each invoice shall be provided to the Airport. The
Consultant's records supporting such invoices and documentation shall be made available
to the Airport upon request. The Consultant agrees to retain all records, documents and
support materials relevant to this Contract for a period of five (5) years following final
payment by the Airport, and to make those records available upon request.
8.10 If the time for completion of the work is increased substantially due to circumstances
caused by the Airport, and if such delay thereby increases the work to be performed by
Consultant, an additional fee may be paid to the Consultant. The additional
compensation will be provided for in a written amendment to this Contract, said
amendment to be negotiated by the Airport and Consultant, and approved by the GDOT
or FAA, as appropriate.
8.11 If any work designed or specified by Consultant during any phase is abandoned or
suspended by the Airport, in whole or in part, the Consultant is to be paid for the services
performed prior to receipt of written notice from the Airport of such abandonment or
suspension.
8.12 The Consultant's invoices to the Airport shall be submitted in triplicate and shall provide
complete information and documentation to substantiate Consultant's charges, and shall
be in a form to be specified by the Airport's Auditor. All payments to the Consultant
shall be made on the basis of the invoices submitted by the Consultant to the Airport.
Such invoices shall conform to the schedule of service and costs set out above. All
Reimbursable Expenses shall be clearly shown. Should additional backup material be
requested by the Airport's Representative, the Consultant shall comply promptly with
such request. In this regard, should the Aviation Commission determine it necessary,
Consultant shall make all records and books relating to this Contract available to the
Program Manager for inspection and auditing purposes.
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8.13 The Airport reserves the right to correct any error that may be discovered in any invoice
that may have been paid to Consultant and to adjust the same as well as subsequent
payments to meet the requirements of the Contract. Following approval of invoices,
Airport will pay Consultant within thirty (30) days after receipt by City of a conforming
invoice; however, under no circumstances shall Consultant be entitled to receive interest
on amounts due.
SECTION 9
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the compensation for Basic Services and include
expenditures made by Consultant and Consultant's employees for the expenses listed in the
following paragraphs, all of which must be approved in writing in advance by the Airport:
9.1 Travel at GSA rates;
9.2 Independent laboratories,
9.3 Geotechnical services;
9.4 Acceptance Surveying,
9.5 Meals; and
9.6 Costs of document reproduction including bid sets, facsimile transmissions and
long- distance telephone calls, postage and parcel delivery charges, telephone
service.
SECTION 10
SPECIAL PROVISIONS, ATTACHMENTS, AND SCHEDULES
10.1 This Contract is subject to the following special provisions and schedules:
10.1.1 Attachment "A," which details the general Scope of Work, schedule and project
costs shall have a supplemental Task Order which will be assigned a consecutive
number and dated for each specific task will describe that particular work order to
be performed as a part of the general Scope of Work, anticipated schedule and
completion date.
10.1.2 Attachment "B," which lists the Contract Billing Rates, shall be incorporated by
reference and may be updated annually.
10.2 This Contract, together with the attachments and schedules identified above, shall
constitute the entire agreement between Airport and Consultant, and supersedes all prior
written or oral understandings. This Contract and said Attachments may only be
amended, supplemented, modified, or canceled by a duly executed written Contract
amendment.
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10.3 The Consultant shall be considered in default of this Contract and such default shall be
considered as cause for the Airport to terminate the Contract for any of the following
reasons:
10.3.1 Failure to perform the work or fails to provide sufficient personnel,
equipment, or materials to ensure completion of work in accordance with the
terms of this Contract; or
10.3.2 Performs the work unsuitably or neglects or refuses to respond to Airport's
requests for such work as is required to properly perform the Scope of Work
for the contract; or
10.3.3 Discontinues the prosecution of the work; or
10.3.4 Becomes insolvent or is declared bankrupt; or
10.3.5 Fails to maintain the project schedule or fails to submit a schedule to provide
for the completion of the Project in a manner acceptable to the Airport; or
10.3.6 Failure to maintain required insurance.
10.4 Notification. Any notice required by this Contract shall be effective if given by
registered mail, return receipt requested, to Consultant at 307 West Main Street,
Lexington, S.C. 29072; provided that change of address shall be effective if given in
accordance with this paragraph.
10.5 Unless otherwise specified, any notice to the Airport shall be given to the Augusta
Aviation Commission, 1501 Aviation Way, Augusta, Georgia 30906, with a copy to Law
Department. The Consultant agrees to notify the Airport immediately of any change of
legal status or of address. Any notice provided in accordance with this paragraph shall be
deemed to have been delivered five (5) calendar days after the date of mailing.
10.6 In connection with the work outlined in this Contract, it is agreed and fully understood by
the Consultant that the Airport may cancel or indefinitely suspend further work hereunder
or terminate this Contract upon seven (7) days written notice to Consultant. Immediately
upon receipt of said notice, Consultants and its sub consultants shall cease all work and
labor being performed under this Contract. Consultant shall invoice the Airport for all
services performed and shall be compensated in accordance with the terms of this
Contract for all service accomplished prior to the receipt of said notice. No amount shall
be due for loss of anticipated profits. Reproducible original plans, field surveys, maps,
cross sections and other data, designs and instruments of service related to the project
shall become the property of Airport upon termination of this Contract, and shall be
promptly delivered to the Airport in a reasonably organized form without restriction on
future use. Should the Airport subsequently contract with a new Consultant for
continuation of services on the project, Consultant shall cooperate in providing
information.
10.7 Nothing contained in Section 10 above shall require the Airport to pay for any
service under the terms of this Contract which is not performed in accordance
with this Contract or which is not submitted in substantial compliance with the
terms of this Contract. Airport shall not be required to make any payment to
25
Consultant when Consultant is in material default under this Contract, nor shall
this Section 10 or the Airport's exercise of its rights hereunder constitute a waiver
of any right, at law and at equity, which Airport may have if Consultant is in
material default, including the right to bring legal action for damages or to enforce
specific performance of this Contract.
SECTION 11
RECORDS MAINTENANCE
11.1 The Consultant shall keep records of its direct personnel expenses and reimbursable
expenses pertaining to the Project and records of accounts between the Airport and the
Consultant on a generally recognized accounting basis and all such records shall be
available to the Airport or its authorized representative at mutually convenient times. The
Consultant shall maintain all books, documents, papers, accounting records, and other
evidence supporting the cost incurred and shall make such material available at its office
at all reasonable times during the contract period and for a period of five (5) years from
the date of final payment under the Contract for inspection by the Airport, GDOT and the
FAA. Copies thereof shall be furnished if requested.
11.2 It is understood and agreed that all test results, reports, drawings, memorandums,
computations, etc., secured by and for the Consultant in the prosecution of this Contract
shall become and remain the property of the Airport upon the termination or completion
of the work. Said information shall be used solely to support the project(s) described in
the Scope of Work described in the aforementioned Contract.
11.3 All documents prepared by the Consultant pursuant to this Contract are instruments of
service in respect of the Project. Consultant shall request written notification from the
Airport or others prior to the reuse of documents on extensions of the project or on any
other project.
11.4 Any reuse by the Airport of documents prepared by the Consultant pursuant to this
Contract will be at the Airport's sole risk and without liability or legal exposure to the
Consultant.
SECTION 12
INSURANCE
12.1 The Consultant shall, purchase at its own expense and maintain throughout the duration
of this Contract statutory Workers' Compensation Insurance; Comprehensive General
Liability Insurance; Automobile Liability Insurance; and Engineer's Professional
Liability Insurance. Airport shall be provided a certificate(s) of such insurance coverage.
Such insurance certificate(s) shall indicate that the coverage may not be terminated
without a minimum of forty -five days advance notice being provided to Airport. The
coverage shall be applicable for any claims made either during the duration of this
CONTRACT or within the applicable statute of limitations period for such claims. The
minimum limits of insurance coverage shall be as set forth below:
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12.1.1 Workers' Compensation: Statutory
12.1.2 Comprehensive General Liability Combined single limit for Bodily Injury or
Property Damage: $1 Million
12.1.3 Comprehensive Automobile Liability Combined single limit for Bodily Injury or
Property Damage: $1 Million
12.1.4 Professional Liability: $1 Million
12.1.5 Excess Liability: Umbrella Form - Aggregate/Each Occurrence:
$4 Million ($5 Million Total)
12.2 The Certificate Holder shall be the City of Augusta. The Certificate should state:
(1) the Augusta Aviation Commission, Augusta, Georgia, their officials, agents
and employees are named as additional insureds with respect to liability arising
out of any work performed by the Consultant on behalf of the City; and (2) "This
insurance is primary to other insurance or self - insurance, whether such other
coverage is stated as primary excess, contingent or otherwise." Any deductible or
self- insured retention shall be assumed by the Consultant or its subcontractor.
12.3 The words "endeavor to" and, "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives"
should be stricken from the standard ACCORD form.
SECTION 13
INDEMNIFICATION
13.1 Pursuant to the terms and conditions of this Contract, the Consultant agrees to
defend, save, hold harmless and indemnify the Augusta Aviation Commission,
Augusta, Georgia, their employees, agents and its successors and assigns from
and against applicable claims, suits, lawsuits, action or actions, causes or causes
of action, liabilities, damages, and other claims and demands of whatsoever nature
or kind, in Iaw or in equity, in tort or in contract, or otherwise to the extent caused
solely by Consultant, its employees or agents negligent acts, errors or omissions,
in the performance of services pursuant to this Contract.
13.2 The indemnification obligation above shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by
or for the Consultant or any of its subcontractors, consultants, agents or
employees under worker's or workmen's compensation acts, disability benefit
acts or other employee benefits acts.
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SECTION 14
MANDATORY FEDERAL CONTRACT PROVISIONS
The following Federal Contract Provisions shall apply for all federally funded Projects:
14.1 Civil Rights Act of 1964, Title VI- Contractor Contractual Requirements (49 CFR Part
21). During the performance of this Contract, the Consultant for itself, its assignees and
successors in interest agree as follows:
1. Compliance with Regulations: The Consultant 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 Consultant, with regard to the services performed during
the Contract, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Consultant shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made
by the Consultant for services to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor of
supplier shall be notified by the Consultant of the Consultant'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 Consultant shall provide all information and
reports required by the Regulation or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources of information and its
facilities as may be determined by the Airport or the FAA to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any
information required of a Consultant is in the exclusive possession of another who
fails or refuses to furnish this information, the Consultant shall so certify to the
Airport or the FAA as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance
with the nondiscrimination provisions of this Contract, the Airport shall impose
such Contract sanctions as it or the FAA may determine to be appropriate,
including, but not limited to:
28
a. Withholding of payments to the Consultant under the Contract until the
Consultant complies; and/or
b. Cancellation, termination or suspension of the Contract, in whole or in
part.
6. Incorporation of Provisions. The Consultant shall include the provisions of
Paragraphs 1 through 6 in every subcontract, including procurement of materials
and leases of equipment unless exempted by the Regulations or directives issued
pursuant thereto. The Consultant shall take such action, with respect to any
subcontract or procurement, as the Airport or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event a Consultant becomes involved in or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the
Consultant may request the Airport to enter into such litigation to protect the
interest of the Airport and, in addition, the Consultant may request the United
States to enter into such litigation to protect the interest of the United States.
7. Airport and Airway Improvement Act of 1982, Section 520 — General Civil
Rights
1. The Consultant assures that it will comply with pertinent statutes,
Executive orders and such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age,
or handicap be excluded from participating in any activity conducted with
or benefiting from Federal assistance.
2. This provision obligates the tenant/concessionaire /lessee or its transferee
for the period during which Federal assistance is extended to the airport a
program, except where Federal assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or
improvements thereon. In these cases the provision obligates the party or
any transferee for the longer of the following periods:
a) the period during which the property is used by the Airport or any
transferee for a purpose for which Federal assistance is extended, or for
another purpose involving the provision of similar services or benefits or
b) The period during which the Airport or any transferee retains ownership or
possession of the property. In the case of Consultants, this provision binds
the Consultants from the solicitation period through the completion of the
contract. This provision is in addition to that required of Title VI of the
Civil Rights Act of 1964.
8. Disadvantaged Business Enterprises (49 CFR Part 26)
1. Contract Assurance ( §26.13) — The Consultant and their subcontractors
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shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The Consultant shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT
assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems
appropriate.
2. Prompt Payment ( §26.29) — The Consultant agrees to pay each
subcontractor under this prime contract for satisfactory performance of its
contract no later than thirty (30) days from the receipt of each payment the
Consultant receives from the Airport. The Consultant agrees further to
return retainage payments to each subcontractor within thirty (30) days
after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may
occur only for good cause following written approval of the Airport. This
clause applies to both DBE and non -DBE subcontractors.
9. Lobbying and Influencing Federal Employees (49 CFR Part 20)
1. No Federal appropriated funds shall be paid, by or on behalf of the
Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the making of any Federal grant and the amendment or
modification of any Federal grant.
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with any Federal grant, the Consultant shall complete and
submit Standard Form -LLL, "Disclosure of Lobby Activities," in
accordance with its instructions.
10. Access to Records and Reports (49 CFR §18.36)
1. The Consultant shall maintain an acceptable cost accounting system. The
Consultant agrees to provide the Airport, the FAA and the Comptroller
General of the United States or any of their duly authorized
representative's access to any books, documents, papers, and records of
the Consultant which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts and transcriptions. The
Consultant agrees to maintain all books, records and reports required
under this contract for a period of not less than three (3) years after final
payment is made and all pending matters are closed.
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11. Breach of Contract Terms (49 CFR * 18.361
1. Any violation or breach of terms of this contract on the part of the
Consultant or their sub consultant(s) may result in the suspension or
termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement. The duties and
obligations imposed by the Contract Documents and the rights and
remedies available there under shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available
by law.
12. Rights to Inventions (49 CFR *18.36)
1. All rights to inventions and materials generated under this contract are
subject to regulations issued by the FAA and the Airport of the Federal
grant under which this contract is executed.
13. Trade Restriction Clause (49 CFR Part 30)
1. The Consultant or their subcontractors by execution of a contract certifies
that it:
a. Is not owned or controlled by one or more citizens of a foreign
country included in the list of countries that discriminate against
U.S. firms published by the Office of the United States Trade
Representative (USTR);
b. Has not knowingly entered into any contract or subcontract for this
project with a person that is a citizen or national of a foreign
country on said list, or is owned or controlled directly by one or
more citizens or nationals of a foreign country on said list; and
c. Has not procured any product nor subcontracted for the supply of
any product for use on the project that is produced in a foreign
country on said list.
2. Unless the restrictions of this clause are waived by the Secretary of
Transportation in accordance with 49 CFR 30.17, no contract shall be
awarded to a Consultant or subcontractor who is unable to certify to the
above. If the Consultant knowingly procures or subcontracts for the
supply of any product or service of a foreign country on said list for use on
the project, the Federal Aviation Administration may direct, through the
Airport, cancellation of the contract at no cost to the Government.
3. Further, the Consultant agrees that it will incorporate this provision for
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certification without modification in each contract and in all lower tier
subcontracts. The Consultant may rely on the certification of a
prospective subcontractor unless it has knowledge that the certification is
erroneous.
4. The Consultant shall provide immediate written notice to the Airport if the
Consultant learns that its certification or that of a subcontractor was
erroneous when submitted or has become erroneous by reason of changed
circumstances. The subcontractor agrees to provide written notice to the
Consultant, if at any time it learns that its certification was erroneous by
reason of changed circumstances.
5. This certification is a material representation of fact upon which reliance
was placed when making the award. If it is later determined that the
Consultant or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct, through the
Airport, cancellation of the contract or subcontract for default at no cost to
the Government.
6. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith, the
certification required by this provision. The knowledge and information
of a Consultant is not required to exceed that which is normally possessed
by a prudent person in the ordinary course of business dealings.
7. This certification concerns a matter within the jurisdiction of an agency of
the United States of America and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under
Title 18, United States Code, Section 1001.
14. Termination of Contract (49 CFR *18.36)
1. The Airport may, by written notice, terminate this contract in whole or in
part at any time, either for the Airport's convenience or because of failure
to fulfill the contract obligations. Upon receipt of such notice, services
shall be immediately discontinued (unless the notice directs otherwise)
and all materials as may have been accumulated in performing this
contract, whether completed or in progress, delivered to the Airport.
2. If the termination is for the convenience of the Airport, an equitable
adjustment in the contract price shall be made, but no amount shall be
allowed for anticipated profit on unperformed services.
3. If the termination is due to failure of the consultant to fulfill its
obligations, the Airport may take over the work and prosecute the same to
completion by contract or otherwise. In such case, the Consultant shall be
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liable to the Airport for any additional cost occasioned to the Airport
thereby.
4. If, after notice of termination for failure to fulfill contract obligations, it is
determined that the Consultant had not so failed, the termination shall be
deemed to have been effected for the convenience of the Airport. In such
event, adjustment in the contract price shall be made as provided in
Paragraph 2 of this clause.
5. The rights and remedies of the Airport provided in this clause are in
addition to any other rights and remedies provided by law or under this
contract.
15. Certification Regarding Debarment Suspension. Ineligibility and Voluntary
Exclusion (49 CFR Part 29)
1. The Consultant certifies, by submission of this contract, that neither it nor
its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees by
submitting this contract that it will include this clause without
modification in all lower tier transactions, solicitations, proposals,
contracts, and subcontracts. Where the Consultant or any lower tier
participant is unable to certify to this statement, it shall attach an
explanation to this Agreement.
SECTION 15
MISCELLANEOUS PROVISIONS
15.1 The Consultant shall exercise the standards of professional responsibility, skill,
knowledge and expertise performed under similar circumstances by the same profession
in a similar or same locality for the Airport's benefit in planning, executing and
completing the Service delineated in Section 1. The Consultant shall abide by all
Federal, State and Local Laws and regulations governing the provision of services. The
Consultant shall abide by all FAA Regulations.
15.2 Contractual claims, whether for money or other relief shall by submitted in writing no
later than sixty (60) days after final payment; however, written notice of the Consultant's
claim shall have been given at the time of the occurrence or beginning of the work upon
which the claim is based. Any notice or claim shall be delivered to the Airport's address
so identified in Section 6.4 and shall include a description of the factual basis for the
claim and a statement of the amounts claimed or other relief requested. The Airport shall
render a decision on the claim and shall notify the Consultant within thirty (30) days of
receipt of the claim. The Consultant may appeal the Airport's decision by providing
written notice to the Airport within fifteen (15) days of the date of the decision. The
Airport shall render a decision on the appeal within sixty (60) days of receipt of the
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appeal notice and such decision shall be final unless the Consultant pursues further legal
recourse under Paragraph I below. Invoices for all services or goods provided by the
Consultant shall be delivered to the Airport no later than thirty (30) days following the
conclusion of the work or delivery of the goods.
15.3 Independent Contractor. The Consultant is an independent contractor and nothing
contained in this Contract shall constitute or designate the Consultant or any of its agents
or employees as agents or employees of the Airport. The Consultant shall in no way
represent itself by act or omission, to be an agent of the Airport.
15.4 Where applicable, the Consultant shall endeavor to minimize property damage and shall
restore sites as nearly as reasonably possible to their original condition.
15.5 Payment to the Consultant shall not be considered as evidence of satisfactory
performance of the services by the Consultant, either in whole or in part, nor shall
payment be construed as acceptance by the Airport of poor or defective services.
15.6 Venue. All claims, disputes and other matters in question between the Airport and
Consultant arising out of or relating to this Contract, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia or the U.S. District Court
for the Southern District of Georgia. The Consultant, by executing this Contract,
specifically consents to venue in Richmond County and waives any right to contest the
venue in the Superior Court of Richmond County, Georgia or the U.S. District Court for
the Southern District of Georgia.
15.7 Governing Law. This Contract shall be interpreted in accordance with the laws of the
State of Georgia. The Consultant shall abide by all local and state laws or ordinances to
the extent that such requirements do not conflict with federal laws or regulations.
15.8 Legal Construction. If any provision contained in this Contract is held to be invalid,
illegal or unenforceable, that invalidity, illegality, or unenforceability will not affect any
other provision of this Contract and this Contract will be construed as if the invalid,
illegal or unenforceable provision had never been contained in this Contract.
15.9 Georgia Security and Immigration Act of 2006. As of July 1, 2009, all contracts with
Augusta - Richmond County must have a certification from the Consultant that they comply
with the Georgia Security and Immigration Act of 2006. This requires all those
individuals, firms, contractors, consultants, etc., contracting with the County to execute
the Consultant Affidavit and Agreement. If subcontractors are engaged, they are required
to execute the Subcontractor Affidavit.
15.10 Commercial Activities. Neither Consultant or its employees, subcontractors, nor its
agents may establish any commercial activity or issue concessions or permits of any kind
to third parties for establishing activities at the Airport.
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15.11 Open Records. The Consultant acknowledges that all records relating to this Contract
and the services to be provided under this Contract may be a public record subject to
Georgia's Open Records Act (O.C.G.A. § 50- 18 -70, et seq.). Consultant shall cooperate
fully in responding to such request and making all records, not exempt, available for
inspection and copying as provided by law. Consultant shall notify Airport immediately
of any request made under the Open Records Act and shall furnish Airport with a copy of
the request and the response to such request.
15.12 Employment Eligibility Verification and Systematic Alien Verification for
Entitlements (SAVE). All contractors and subcontractors entering into contracts with
Augusta, Georgia for the physical performance of services shall be required to execute
an Affidavit verifying its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that
the individual, firm, or corporation which is contracting with Augusta, Georgia has
registered with and is participating in a federal work authorization program. All
Consultants and subcontractors must provide their E- Verify number and must be in
compliance with the electronic verification of work authorized programs operated by the
United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security
to verify information of newly hired employees, pursuant to the Immigration Reform and
Control Act of 1986 CIRCA), P.L. 99 -603, in accordance with the applicability provisions
and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal
authorization program throughout the contract term. All Consultants shall further agree
that, should it employ or contract with any subcontractor(s) in connection with the
physical performance of services pursuant to its contract with Augusta, Georgia the
consultant will secure from such subcontractor(s) each subcontractor's E- Verify number
as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor
affidavit provided in Rule 300- 10 -01 -.08 or a substantially similar form. All contractors
shall further agree to maintain records of such compliance and provide a copy of each
such verification to Augusta, Georgia at the time the subcontractor(s) is retained to
perform such physical services.
15.13 Non - Collusion of Consultant. By submission of a proposal, the Consultant certifies,
under penalty of perjury, that to the best of its knowledge and belief:
15.13.1 The prices in the proposal have been arrived at independently without
collusion, consultation, communications, or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with any other
vendor or with any competitor.
15.13.2 Unless otherwise required by law, the prices which have been quoted in the
proposal have not been knowingly disclosed by the vendor prior to opening,
directly or indirectly, to any other vendor or to any competitor.
15.13.3 No attempt has been made, or will be made, by the Consultant to induce any
other person, partnership or corporation to submit or not to submit a proposal
for the purpose of restricting competition. Collusions and fraud in bid
35
preparation shall be reported to the State of Georgia Attorney General and the
United States Justice Department.
15.14 Conflict of Interest. The Consultant certifies that it is not now engaged in any work, nor
will it engage in subsequent engineering assignments during the period that this Contract
is in force, that will pose conflicts with the interests of the City relative to the work
covered by this Contract. The City will be notified of any potential conflicts of interest by
the Consultant prior to the Consultant's undertaking such assignments. The Consultant
further agrees not to use any of the information it receives or any of its work product in
any manner contrary to the City's interests both during the Contract's term and thereafter.
By submission of a proposal and entering into this Contract, the Consultant firm certifies,
under penalty of perjury, that to the best of its knowledge and belief:
15.14.1 No circumstances exist which cause a Conflict of Interest in performing the
services required by this Contract, and
15.14.2 That no employee of the County, nor any member thereof, not any public
agency or official affected by this Contract, has any pecuniary interest in the
business of the responding firm or his sub - consultant(s) has any interest that
would conflict in any manner or degree with the performance related to this
Contract.
15.15 "Consultant acknowledges that this contract and any changes to it by amendment,
modification, change order or other similar document may have required or may require
the legislative authorization of the Aviation Commission and approval of the Mayor.
Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta,
Georgia's ability to assume contractual obligations and the consequences of Consultant's
provision of goods or services to Augusta, Georgia under an unauthorized contract,
amendment, modification, change order or other similar document, including the
possibility that the Consultant may be precluded from recovering payment for such
unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods
or services to Augusta, Georgia or the Airport under a contract that has not received
proper legislative authorization or if the Consultant provides goods or services to
Augusta, Georgia in excess of the any contractually authorized goods or services, as
required by Augusta, Georgia's Charter and Code, the Airport may withhold payment for
any unauthorized goods or services provided by Consultant. Consultant assumes all risk
of non - payment for the provision of any unauthorized goods or services to Augusta,
Georgia, and it waives all claims to payment or to other remedies for the provision of any
unauthorized goods or services to Augusta, Georgia, however characterized, including,
without limitation, all remedies at law or equity." This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services, except
revenue producing contracts.
,SECTION 16
TIME OF THE ESSENCE AND FORCE MAJEURE
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16.1 Consultant understands and agrees that time is of the essence and that any failure by
Consultant to complete the services for each phase of this Contract within the mutually
agreed Project Performance Schedule, as detailed in the Task Order adjusted for
approved time extensions, and due to the fault of Consultant, will constitute a material
breach of this Contract. Consultant shall be fully responsible for its delays or for failures
to use reasonable efforts in accordance with the terms of this Contract. Where damage
results to Airport due to Consultant's failure to perform in these circumstances, Airport
may withhold, to the extent of such damages, Consultant's payments hereunder without
waiver of any of Airport's additional legal rights or remedies.
16.2 Neither Airport nor Consultant shall be deemed in violation of this Contract if it is
prevented from performing any of its obligations hereunder by reasons for which it is not
responsible or circumstances beyond its control. However, notice of such impediments
or delay in performance must be timely given and all reasonable efforts undertaken to
mitigate its effects.
SECTION 17
GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS:
CONTRACT ADMINISTRATION
17.1 The Consultant shall administer the construction work as required pursuant to the
construction contract between the Airport and the Contractor including without limitation
the General and Special Conditions thereof.
17.2 This Contract shall be administered on behalf of Airport by the Airport's Representative,
and Consultant shall comply with instructions from the Airport's Representative or such
other person as may be designated in writing by the Airport.
17.3 The Consultant may not engage any contractor for any portion of the work under this
Contract without prior written approval by the Airport. A request by the Consultant for
the Airport's consent and approval shall be submitted in writing to the Airport's
Representative, or such other person as may be designated in writing by the Airport's
Representative. If granted, such consent and approval shall not relieve the Consultant of
any of its duties, obligations, liabilities or responsibilities under this Contract.
17.4 The Consultant's team, as named above, may not change unless approved in writing by
the Airport's Representative. The Airport shall not withhold approval for reasonable
requests due to personnel voluntarily leaving the Consultant's employment or due to
termination. The Airport's Representative retains the right to request replacement of any
person assigned by the Consultant to the project, and the Consultant shall comply. The
Airport's decisions and requests pursuant to this provision shall not be the basis for any
claim for additional compensation by the Consultant.
SECTION 18
RESPONSIBILITY FOR WORK AND INDEMNIFICATION
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18.1 Approval by Airport shall not constitute, nor be deemed a release of the responsibility
and liability of the Consultant, its employees, subcontractors, agents and consultants for
the accuracy and competency of their designs, within the industry's standard of care,
working drawings, specifications or other documents and service; nor shall such approval
be deemed to be an assumption of such responsibility by Airport for any defect, error or
omission in the designs, working drawings, and specifications or other documents
prepared by the Consultant, its employees, subcontractors, agents and consultants.
18.2 The Consultant's indemnity obligations under this Section 18 shall also include, without
limitation, all fines, penalties, damages, liability, reasonable costs, and reasonable
expenses (including, without limitation, reasonable attorneys' fees), and punitive
damages (if any) arising out of, or in connection with, any (i) violation of or failure of the
Services or any part thereof to comply with any law, statute, ordinance, rule, regulation,
code, or requirement of a public authority that bears upon the performance of the services
provided by the Consultant under this Contract, a subcontractor of the Consultant, or any
person or entity for whom either is responsible, and/or (ii) means, methods, procedures,
techniques, or sequences or execution or performance of the services of the Consultant
under this Contract.
SECTION 19
ASSIGNMENT
The parties hereby bind themselves, their successors, assigns and legal representatives to each
other with respect to the terms of this Contract. The Consultant shall not assign, sublet or
transfer any interest in this Contract without prior written authorization.
SECTION 20
AMENDMENTS
This Contract, representing the entire Contract between the parties, may be amended or
supplemented by mutual Contract of the parties hereto in writing.
SECTION 21
COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
21.1 The Consultant, its consultants, agents, employees and subcontractors shall comply with
applicable federal, state and local laws and ordinances where applicable, as amended.
Consultant shall to obtain all permits and licenses required in the performance of the
professional services contracted for herein.
21.2 Consultant shall pay all taxes, if any, required by law arising by virtue of the services
performed hereunder.
21.3 The Consultant shall comply with any and all applicable legal requirements relating to
the eligibility of its employees, and the eligibility of its consultants' employees, to
38
perform work related to the project. Without limitation of the foregoing, the Consultant
shall complete and submit to the Airport all affidavits and other documentation required
pursuant to O.C.G.A. Section 50 -36 -1 (Verification of Lawful Presence Within United
States via federal SAVE program) and O.C.G.A. Section 13- 10 -90, et. (Security and
Immigration Compliance).
SECTION 22
FINANCIAL INTEREST PROHIBITED; CONFIDENTIALITY
22.1 The Consultant covenants and represents to its knowledge, information and belief that the
Consultant, its officers, employees, agents, consultants and subcontractors will have no
financial interest, direct or indirect, in the purchase or sale of any product, materials or
equipment that will be recommended or required for the construction of the Project.
22.2 The Consultant's reports, evaluations, designs, drawings, data and all other
documentation and service developed by Consultant hereunder shall be kept confidential
and shall not be disclosed to any third parties without an absolute need to know (such as
Code Authorities) or without the prior written consent and approval of the Aviation
Commission.
SECTION 23
CONSULTANT'S REPRESENTATIONS AND WARRANTIES
23.1 The Consultant represents that the Consultant, its employees, and its consultants are
possessed of the knowledge, training, skills, experience, and financial strength required to
provide the services outlined in this Contract.
23.2 The Consultant warrants that it is properly licensed in the State of Georgia and shall
retain such license for the duration of its services under this Contract.
23.3 Consultant warrants that the services provided, and the projects implemented, shall be
managed, designed, and constructed with the utmost regard to quality, cost, and schedule.
23.4 Consultant further warrants that its integrity, reputation, skills and performance of the
services requested shall be of the highest caliber to ensure successful and timely
completion of all projects.
23.5 The Consultant warrants that the quality of services and workmanship provide shall
conform to the standards of practices and/or services provided by qualified consultants
experienced in providing such services for similar projects in this field.
23.6 The Consultant warrants that as of the date above written that:
(a) It is duly organized and validly existing in good standing under the laws of the
state(s) in which it is organized, is qualified to do business in all jurisdictions in which it
39
is operating, and has the power and authority to execute and deliver and to perform its
obligations under this Contract and the documents to which it is signatory; and
(b) The execution, delivery and performance by Consultant and its undersigned
representative(s) of this Contract and other documents to which Consultant is a signatory
do not require the approval or consent of any other person, entity or government agency
and do not result in any breach of any agreement to which Consultant is a party or by
which it is bound; and
(c) The execution, delivery and performance by Consultant of this Contract and other
documents to which it is a signatory have been duly authorized by all necessary action,
and constitute legal, valid and binding obligations of Consultant, and is enforceable
against Consultant in accordance with its terms; and
(d) No action, suit or proceeding to which Consultant is a party is pending or
threatened that may restrain or question this Contract, or any other document to which it
is a signatory, or the enjoyment of rights or benefits contemplated herein.
SECTION 24
DEFAULT AND TERMINATION OF CONTRACT
24.1 This Contract may be terminated (in full or part) by the Airport upon thirty (30) days
written notice to the Consultant. Upon such termination, the Airport shall pay the
Consultant all charges made for work completed in a satisfactory manner prior to
termination and the Consultant shall turn over to the Airport all completed work in
whatever form it exists and said work shall then become the property of the Airport.
24.2 In the event of a breach of any provision of this Contract by the Consultant, its officers,
agents, employees, and sub consultants, the Airport shall have the absolute right and
option to terminate this Contract forthwith; however, the Consultant shall be entitled to
compensation based on the contract rates and schedules for all plans, drawings, estimates,
specifications, sketches, and calculations, together with all material and data theretofore
furnished the Airport by the Consultant that are of a satisfactory nature and are of use to
the Airport in accordance with this Contract.
24.3 The Airport may terminate this Contract for cause if the Consultant materially breaches
this Contract by:
24.3.1 Refusing, failing or being unable to properly manage work on the Project;
24.3.2 Refusing, failing or being unable to supply the Project with sufficient numbers of
workers, properly skilled workers, proper materials, or maintain applicable
schedules;
24.3.3 Refusing, failing or being unable to make prompt payment to subcontractors or
suppliers;
40
24.3.4 Disregarding laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction over the Project; or
24.3.5 Refusing, failing or being unable to substantially perform in accordance with the
terms of the Contract as determined by the Airport, or as otherwise defined
elsewhere herein;
24.3.6 Refusing, failing or being unable to substantially perform in accordance with the
terms of any other agreement between the Airport and Consultant.
24.4 Upon the occurrence of any of the events described in Paragraph 24 the Airport may give
written notice to the Consultant setting forth the nature of the default and requesting cure
within seven (7) calendar days from the date of the notice. At any time thereafter, if the
Consultant fails to initiate the cure or if the Consultant fails to expeditiously continue
such cure until complete, the Airport may give written notice to the Consultant of
immediate termination, and the Airport, without prejudice to any other rights or remedies,
may take any or all of the following actions:
24.4.1 Complete all or any part of the Project, including supplying workers, material
and equipment which the Airport deems expedient to complete the Project;
24.4.2 Contract with others to complete all or any part of the Project, including
supplying workers, material and equipment which the Airport deems
expedient to complete the Project;
24.4.3 Take such other action as is necessary to correct such failure;
24.4.4 Finish the Project by whatever method the Airport may deem expedient;
24.4.5 Require the Consultant to assign the Consultant's right, title and interest in
any or all of Consultant's subcontracts or orders to the Airport.
24.5 If the Airport terminates this Contract for the Airport's right to recover from the
Consultant the Airport's damages resulting from the termination.
24.6 If the Airport terminates this Contract for Cause, and it is subsequently determined by a
court of competent jurisdiction that such termination was without cause, then in such
event, said termination shall be deemed a termination for convenience as set forth in this
Paragraph 24.
24.7 The Airport may at any time give written notice to the Consultant terminating this
Contract or suspending the Project, in whole or in part, for the Airport's convenience and
without cause. If the Airport suspends the Project for its convenience, the Consultant
shall immediately reduce its staff, services and outstanding commitments in order to
minimize the cost of suspension.
41
24.8 If this Contract is terminated by the Airport pursuant to this paragraph suspended more
than three months by the Airport the Airport shall pay the Consultant specified amounts
due for work actually performed prior to the effective termination date and reasonable
costs associated with termination. The Airport may agree to additional compensation, if
any, due to the Consultant. Absent agreement on the additional amount due the
Consultant, the Airport shall pay the Consultant:
24.8.1 Reasonable costs incurred in preparing to perform the terminated portion of
the Project, and in terminating the Consultant's performance, plus a fair and
reasonable allowance for overhead and profit thereon (such profit shall not
include anticipated profit or consequential damages); provided, however, that
if it appears that the Consultant would not have profited or would have
sustained a loss if the Project had been completed, no profit shall be allowed
or included, and the amount of compensation shall be reduced to reflect the
anticipated rates of loss, if any;
24.8.2 Reasonable costs of settling and paying claims arising out of the termination
of subcontracts or supplier orders. These costs shall not include amounts paid
in accordance with other provisions hereof.
24.9 If this Contract is terminated by the Airport for cause no further payment shall be made to
the Consultant until Final Completion of the relevant Project. At such time, the
Consultant shall be paid the remainder of the Contract Amount less all costs and damages
incurred by the Airport as a result of the default of the Consultant. The Consultant shall
reimburse the Airport for any additional costs or expenses incurred.
24.10 Irrespective of the reason for termination or the party terminating, the total sum paid to
the Consultant shall not exceed the Contract Amount, as properly adjusted, reduced by
the amount of payments previously made and penalties or deductions incurred pursuant to
any other provision of this Contract and shall in no event include duplication of payment.
24.11 Irrespective of the reason for termination if this Contract is terminated, the Consultant
shall, unless notified otherwise by the Airport:
24.11.1 Immediately stop work;
24.11.2 Terminate outstanding orders and subcontracts;
24.11.3 Settle the liabilities and claims arising out of the termination of subcontracts
and orders.
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract as
of the day and year first written above.
42
CITY: AUGUSTA, GEORGIA
By
David S. Copeuia r`,'iMayor
5 /2 '
Attest:
NAive y
By:
Chairman
CONSULTANT: MEAD AND HUNT, INC.
/a'- . _`- (
Date
lerk of; Commission Date
CITY: AISAVIATION COMMISSION, AUGUSTA, GEORGIA
r�
Date
Date
Date
Date
ATTACHMENT A
INDIVIDUAL TASK ORDERS FOR GENERAL AIRPORT ENGINEERING
AND PLANNING SERVICES FOR
AUGUSTA AVIATION COMMISSION
AUGUSTA REGIONAL AIRPORT AT BUSH FIELD
NAME OF FIRM
ADDRESS
Telephone: Facsimile:
SECONDARY ADDRESS
(if applicable)
THE FORM OF THE INDIVIDUAL TASK ORDERS SHALL INCLUDE:
A. DETAILED SCOPE AND DESCRIPTION OF WORK TASKS INVOLVED
B. PROPOSED SCHEDULE FOR ACCOMPLISHMENT OF THE TASKS
C. ESTIMATED MAN HOURS AND COSTS TO COMPLETE THE TASKS
D. METHOD OF PAYMENT REQUIRED TO THE CONSULTANT
Individual TASK ORDERS will be prepared bv the CONSULTANT
when requested by the CITY and incorporated upon approval bv
ADDENDUM to the GENERAL SERVICES CONTRACT.
44
ATTACHMENT B
CONTRACT BILLING RATES
45
Clerical
$18.63
$61.06
Cadd Technician
$26.50
$86.86
Sr. Engineer Tech
$35.54
$116.49
Engineer III
$27.72
$90.86
Engineer IV
$35.39
$116.00
Sr. Project Engineer
$41.67
$136.58
Sr. Electrical Engineer
$41.67
$136.58
Sr. Environmental Planner
$44.95
$147.33
Airport Planner II
$29.97
$98.23
Airport Planner III
$36.56
$119.83
Sr. Airport Planner
$56.32
$184.60
Project Architect
$39.82
$130.52
Sr. Project Architect
$43.25
$141.76
Structural Engineer
$32.87
$107.74
Structural Engineer IV
$39.21
$128.52
Sr. Structural Engineer
$53.95
$176.83
Project Manager
$48.90
$160.28
Principal
$66.69
$218.59
Audited overhead rate: 1.8502
Profit: 15%
MEAD & HUNT, Inc.
Aviation Billing Rate Schedule
For
Augusta Regional Airport
February 27, 2013
Billing Rate
Out -Of- Pocket Direct Job Expenses At Cost
Such as reproductions, sub - consultants / contractors, etc.
Travel Expense
Company or Personal Car Mileage Current IRS Rate
Air and Surface Transportation .At Cost
Lodging and Sustenance At Cost
.r'
'fAit,.
Int ir,„1! 4 !
AVIATION CONSULTANT SERVICES
Augusta Regional Airport
January 29, 2013
PRESENTED BY:
Gary Siegfried, Mark McFarland, Joseph Pickering and Scott Williams
Mead( - I lunt
YOUR PRESENTATION TEAM
Gary Siegfried, PE
Program Coordinator
Engineering Project Manager
Mark McFarland, FASLA
Planning Project Manager
Joseph Pickering
Air Service Planning
Scott Williams, PE
Landside Design
Mead Iunt
WHY WE'RE HERE TODAY
To make Mead & Hunt your clear choice
1. National perspective and expertise;
local understanding and presence
2. Full-service aviation consulting firm
3. Stable company with low turnover; the people here today
are the people who will work on your projects
p�odtl�;
1(c;* as
t ► so sl ,
.�1
• MASTER PLANNING APPROACH
• Airport Master Plan
Comprehensive Physical
Development Plan
Capital Improvement Plan
Customized "Value Added" Approach
Focus of the critical sponsor -
defined planning components
Provide sponsor- beneficial
non - traditional features
M
ISSUES AND INFLUENCES
• Airport Role
• General aviation
• Commercial passenger service
• Value Added Examination of
Future Activity Trends
• Demand analysis
• Market research
Mead' yA1 Lunt
THE MEAD & HUNT APPROACH
• Air service market research as part of
master plans
Deeper insights into passenger demand
and travel patterns
More information on market potential that
can inform the passenger forecasts
Potential to identify market opportunities
for new airlines or expanded service
Not normally AIP- eligible, but in a master
plan it is
Mead'S I unt
ISSUES AND INFLUENCES
• Defining the Ultimate Airside
Configuration
• Future Role of Airport
■ Number of Runways
• Configuration of Runway
System
Mead' F lunt
ISSUES AND INFLUENCES
• Defining the Landside Configuration
• Landside Access Considerations
• Commercial Passenger Terminal
Considerations
• General Aviation Considerations
. New vs. reuse /re- purposed
development areas
Mead - I Lunt
DEUVEB
capat8S BES ALP
TECiCPL HN
• G►S and e
geroMetric capabilities
Mead( Iunit
FINANCIAL PLANNING AND
CAPITAL IMPROVEMENT PROGRAMMING
• Define a feasible financial plan for funding
improvements
Match timing of planned expenditures with
available funding
Develop strategies for obtaining capital
funding from FAA and other sources such as
SPLOST
I Identify revenue enhancement opportunities
to support CIP
Trigger +
= Timing
Mead lunt
LOCAL KNOWLEDGE & EXPERIENCE
Cranston Engineering Group, P.C.
• Over 45 years working within and
around AGS
Civil engineering and land surveying
• Understanding of local site conditions
• Augusta Levee / Savannah River /
Butler Creek
▪ Water and sewer utilities
• Soil conditions
• Relationships with City staff
• Engineering Department
• Utilities Department
• Recreation and Parks Department
• Procurement Department
Meade lunt
APPROACH TO AIRPORT ENGINEERING
MIEMNIMININ
• Problem solving and fiscal responsibility
approach
• Communication is key to successful
projects
- Augusta Regional Airport
- Regulatory agencies
- Federal Aviation Administration
- Other funding agencies
• Work plan development
- Data collection
- Preliminary and final design
- Construction inspection and administration
Meadf .lunt
APPROACH TO AIRPORT ENGINEERING
• Case Study:
Columbia Metropolitan Airport —
Reconstruct Taxiway U
■ Client /FAA coordination
• Fast track
• Management of consultant team
■ Coordination with other projects
• Utilization of bench strength
Mead = Lunt
QUESTIONS & DISCUSSION
"Besides fielding an outstanding team for the GMIA Runway Safety
Area Project, Mead & Hunt proved to be both flexible and extremely
responsive to our multiple changes in scope. Because of Mead &
Hunt's planning efforts, GMIA was able to maximize the federal
dollars applied to the project during a period of uncertain federal
funding. As a result, GMIA was able to accomplish significantly more
work than was envisioned when the project began, which enabled
the airport to address more than just the RSA compliance issue."
— Terry Blue, AAE
Deputy Airport Director — Operations & Maintenance
General Mitchell International Airport — Milwaukee, WI
"I have yet to find someone at Mead & Hunt that doesn't strive to
deliver what the client needs. They not only meet the client's needs,
they somehow always find a way to exceed the expectations. A top
quality firm throughout!"
— Mike Daigle, former Deputy Executive Director
Capital Region International Airport — Lansing, MI
(Currently Executive Director at South Bend Regional Airport)
Meads :I lunt
WHY CHOOSE THE MEAD & HUNT TEAM?
1. National perspective and
expertise; local presence
and understanding
2. Full-service aviation
consulting firm
3. Stable company with low
turnover; the people here
today are the people who
will work on your projects
mi■
Benefit to AGS
Knowledge & Expertise;
Responsive Service
One point of contact for all
services = time and cost
savings
Continuity = avoid project
delays due to new staff
"spooling up"
Mead#$, I -1unt
I A
DAVID S. COPENHAVER
Mayor
COREY JOHNSON Staff Attorneys FREDERICK L. RUSSELL
Mayor Pro Tem Administrator
March 25, 2013
Mayor Deke Copenhaver
Augusta, Georgia
530 Greene Street, Suite 802
Augusta, Georgia 30901
Dear Mayor Copenhaver:
Please find enclosed the Mead and Hunt Contract for Aviation Consulting Services at
Augusta Regional Airport at Bush Field. The Contract has been reviewed by General Counsel
Andrew MacKenzie as to form and substance, indicated by his initials. The Augusta, Georgia
Commission approved this Contract on March 19, 2013.
I have tabbed the applicable portions of the Contract for your signature with flags. After your
signature and dating, the Contract may be executed by the Clerk of Commission, Ms. Lena
Bonner.
Please return the file copy to the Augusta Law Department to the attention of Attorney Kayla
Cooper once the Contract has been signed and fully executed. The remaining copies of the
Contract may be returned to the originating department to the attention of: Gary LeTellier 1501
Aviation Way Augusta, GA 30906.
Thank you for your consideration in this matter.
Kayla E. Cooper
Enclosures
ANDREW G. MACKENZIE
GENERAL COUNSEL
Augusta Law Department
WAYNE BROWN
Senior Staff Attorney
KENNETH S. BRAY
JODY M. SMITHERMAN
KAYLA E. COOPER
Augusta Law Department
520 Greene Street Augusta, Georgia 30901
(706) 842 -5550 - Fax (706) 842 -5556
oeZ
AUGUSTA LAW DEPARTMENT .
William Fennoy
Corey Johnson
Mary Davis
Alvin Mason
Bill Lockett
Joe Jackson
Donnie Smith
Wayne Guilfoyle
Marion Williams
Grady Smith
Robert and Company
AVCON, Inc.
Prime Engineering, Inc,
Mead and Hunt, Inc.
Michael Baker Jr,Inc.
Airport
eaional
(706) 798-3236 (706) 798-1551 fax 1501 Aviation Way Auguata, Gemia 30906 MNIV.AugustaltegionaLlirport.com
DATE: February 28 2013
PROJECT TITLE: AV$ATION CONSULTING SERVICES - AUGUSTA REGIONAL AIRPORT AT BUSH
FIELD
ACTION REQUESTED: Approval
BACKGROUND:
RFQ Item #12-216 was advertised as required and opened for evalua ion on November 30, 2012. During
Phase 1, submfttals from the foliowing firms were evaluated:
The evaluation committee consisted of member from staff and procuremerlt. The committee produced
a shortlist that consisted of:
Mead and Hunt Inc.
Michael 8aker]r,Inc.
PhnneEn8ineerinQ,|nc.
After Phase U interviews on January 29,2Ol3 the evaluation committee recommended Mead and Hunt
for selection and contract negotiations per the Federal, State and County policies on consultant
selection processing. The Augusta Aviation Commission approved the recommendation on January 31,
2013.
ANALYSIS:
The Airport's legal advisor prepared a draft contract that has been negotiated and accepted by Mead
and Hunt, Inc. The staff has also negotiated billing rates that are consistent within the industry for
similar type work. The contract is attached for review and approval.
RECOMMENDATION:
Airport staff recommends the Augusta Aviation Commission contract with Mead and Hunt, Inc. for
aviation consulting services. Staff will coordinate with Augusta-Richmond County Commission and the
FAA for approval.