HomeMy WebLinkAboutDANIEL FIELD AIRPORT CONSULTANT GOODWYN MILLS CAWOOD_ FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
OWNER AND CONSULTANT
THIS AGREEMENT made this rd day of October, 2018 between Goodwyn, Mills and
Cawood, Inc. of Montgomery, Alabama, hereinafter referred to as "CONSULTANT" and
Augusta, Georgia, a political subdivision of the State of Georgia, acting by and through its
Daniel Field General Aviation Commission at Daniel Field Airport, hereinafter referred to as
"OWNER".
WITNESSETH:
WHEREAS, OWNER wishes to engage CONSULTANT to perform planning and
consulting services for project development at the Daniel Field Airport on the terms and
conditions stated herein; and
WHEREAS, CONSULTANT desires to accept OWNER's engagement to perform
planning and consulting services for project development at the Daniel Field Airport on the terms
and conditions stated herein;
NOW THEREFORE, in consideration of the mutual covenants, promises and obligations
hereinafter set forth, and the sum of Ten and No/100 ($10.00) Dollars cash in hand paid by each
party to the other, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
GENERAL DESCRIPTION OF SERVICES
This Agreement constitutes an ordering agreement for an undefined quantity of consultant
services. Any services performed under this Agreement are limited by a maximum total value
and cover a specific period of time. These services may include, but are not limited to:
a. Prepare Project Funding Applications and Capital Improvement Program (CIP)
Documents
b. Perform Design, Bidding and Negotiation, Construction Administration, and
Resident Inspection Services.
c. Assist with DBE Program Overall Goal Updates/Program Administration
d. Prepare/Update "Exhibit A", Property Line Map, Airport Layout Plan, and
Environmental Assessments as necessary.
e. Construct/Rehabilitate Airfield Drainage Systems.
f. Contruct/Rehabilitate Airport Pavement, Lighting, and NAVAIDs/ILS
Improvements.
g. Constuct/Rehabilitate Airport Buildings (Terminal/Hangars/Maintenance).
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h. Construct/Rehabilitate Airport Roadways and Parking Lots.
i. Install/Upgrade Airport Fencing and Security Systems.
j. Land Acquisition.
k. Such other airport-related work as Daniel Field Airport may deem necessary.
Subject to and in accordance with the GENERAL PROVISIONS and other provisions
hereinafter set forth, the CONSULTANT shall perform professional services as hereinafter
described, which shall include customary civil, structural, mechanical and electrical consulting
services, planning services and customary architectural services incidental thereto. These
services when performed in accordance with acceptable consulting and planning practice and
professional standards shall be the limits of the CONSULTANT's responsibility under this
Agreement. As specific needs develop, the OWNER shall assign specific tasks to the
CONSULTANT through a "Project Contract." The Project Contract shall include: project
description, scope of work, list of key personnel and proposed schedule of milestones and
budget. CONSULTANT will provide price proposal elements for each corresponding task
including but not necessarily limited to:
(a) Direct labor expenses for each employee supported by a certified payroll signed
by an authorized financial representative from the CONSULTANT's firm.
(b) Proposed Overhead rates.
(c) Itemized direct non-salary expenses.
(d) Fixed Fee/Profit.
(e) Subconsultant Proposal(s)
GENERAL PROVISIONS
AGREEMENT DOCUMENTS
This Agreement,the General Conditions, the Attachments, and any Supplemental Agreements,
including Task Orders shall constitute the Agreement Documents (the "Agreement").
Conflict and Precendence
The Agreement Documents are complementary, and what is called for by one is as binding as if
called for by all. In the event there are any conflicting provisions or requirements in the
component parts of this Agreement,the several Agreement Documents shall take precedence in
the following order:
1. Agreement- Including Attachments
2. Consultant's response to Request for Qualifications 18-256
3. General Conditions
4. Supplemental Conditions—Including Task Orders
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TERM:
The term of this Agreement shall begin on the day of , 2018, and
shall end on the day of , 2023, at midnight, unless sooner terminated by
either OWNER or CONSULTANT as herein provided.
SECTION 1 —BASIC SERVICES
1. PROJECT DEVELOPMENT PHASE: After written authorization to proceed the
CONSULTANT shall:
1.1 Consult with OWNER and state and federal government agencies as necessary to
clarify and define the requirements for the project and review available data.
1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others
data or services of the types described in Section II and act as OWNER's
representative in connection with such services. Assist the OWNER in contracting
for such services; or, at OWNER's option and with OWNER's written approval
before work is initiated, CONSULTANT will contract with others to provide the
necessary data or services.
1.3 Prepare preliminary designs necessary to determine the type, size and scope of the
improvement project based upon projected aviation activity and current airport
standards.
1.4 Prepare preliminary statement of probable construction cost for the project.
1.5 Furnish five (5) copies of drawings, sketches, forms and reports as appropriate to the
OWNER for submission to government agencies.
2. DESIGN PHASE: After written authorization to proceed the CONSULTANT shall:
2.1 In consultation with the OWNER and other government agencies through
conferences, meetings, or submission of preliminary reports as appropriate,
determine the extent of the project and the design criteria to be used in final design.
2.2 Prepare a design report in accordance with FAA criteria which shall include but not
necessarily be limited to:
2.3 An analysis and reasons for the design choices;
2.4 An analysis of the manner that the work will be accomplished; and
2.5 A statement of probable construction cost based upon the final design.
2.6 Advise the OWNER of needed additional services and assist the OWNER in the
evaluation and selection of other professionals to provide additional services, such as
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soil borings, laboratory tests and surveys; or, at OWNER's option and with
OWNER's written approval before work is initiated, CONSULTANT will contract
with other professionals to provide such additional services.
2.7 Prepare final design detailed contract drawings, specifications and contract
documents for the design alternative selected.
2.8 Submit appropriate documents to state and federal agencies for necessary approvals
and permits.
2.9 Furnish to the OWNER digital and/or paper copies of completed drawings,
specifications, reports, estimates and contract documents in accordance with the
"Project Contract".
2.10 Assist the OWNER in securing bids, tabulation and analysis of bid results.
3. CONSTRUCTION PHASE: During the Construction Phase, the CONSULTANT shall
provide the following services:
3.1 Assist the OWNER in preparation of formal contract documents for the award of
construction contracts.
3.2 Consult with and advise the OWNER and act as his representative as provided in the
approved construction specifications and contract documents.
3.3 Make visits to the site at intervals appropriate to the various stages of construction to
observe as an experienced and qualified design professional the progress and quality
of the executed work of contractor(s) and to determine in general if such work is
proceeding in accordance with the contractor's schedule. CONSULTANT shall not
be required by this provision to make exhaustive or continuous on-site inspections to
check the quality or quantity of the construction work.
3.4 Check shop drawings and other submissions of the contractor for compliance with
the design concepts and specification requirements.
3.5 Review laboratory, shop and mill test reports and prepare a tabulation or summary of
laboratory test results to assist in monitoring the quality of construction.
3.6 Recommend to OWNER change orders and/or supplemental agreements to the
construction contract incidental to existing field conditions or improvements in the
project design. Prepare estimate of cost or savings from proposed order, prepare
change order along with basis for recommendation, obtain unit price quotations from
construction contractor for change order work, make recommendations to OWNER
regarding contractor unit prices for change order work and assist the OWNER in
negotiating with the contractor to arrive, if possible, at an appropriate compensation
resulting from the proposed revisions. The CONSULTANT is not required by this
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provision to accomplish extensive design revisions and drawings resulting from a
change in project scope initiated by the OWNER or major changes in design concept
previously accepted by the OWNER where changes are due to causes beyond the
CONSULTANT's control, without due compensation.
3.7 Advise the OWNER of needed additional services (Section II) and assist the
OWNER in the acquisition of such services as appropriate.
3.8 Check and certify the accuracy of partial and final payment due to contractors based
upon the completed work.
3.9 From information provided by the resident project representative and surveys made
under additional services or by others, compute final quantities of work completed by
contractors on the project.
3.10 Make a final inspection with OWNER and government representatives of the
completed work and provide a report of CONSULTANT'S recommendations
regarding contactor's final earnings.
3.11 Prepare final project report explaining significant features of the project, such as
large variances in quantities, construction time, recommendations regarding
liquidated damages, etc.
3.12 The CONSULTANT shall not be responsible for the acts or omissions of any
contractor, or subcontractor, or any of the contractor(s)' or subcontractor(s)' agents
or employees or any other persons (except CONSULTANT's own employees and
agents) at the site or otherwise performing any of the contractor(s)' work; however,
nothing contained herein shall be construed to release the CONSULTANT from
liability for failure to perform properly duties undertaken by the CONSULTANT
under this Agreement.
3.13 Prepare "Record Drawings" based upon information provided by the resident project
representative. Furnish three (3) copies of the "Record Drawings"to the OWNER.
SECTION II—ADDITIONAL SERVICES
At the written request of the OWNER, the CONSULTANT shall accomplish such additional
services as required by the OWNER to complete the project. At the option of the OWNER,
additional services may be provided by the OWNER through contracts with other professionals
or may be provided by the CONSULTANT. When the CONSULTANT is requested to provide
additional services, such services may be provided by CONSULTANT's own forces or through
subcontracts with other professionals. However, contracts with other professionals for additional
services must have the written approval of the OWNER before the work is initiated. Additional
services which may be requested may include, but are not necessarily limited to the following:
A. Land Surveys as are necessary to establish property boundaries required for property
acquisition purposes or preparation of property maps.
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B. Soil and Materials Investigations to include test borings, laboratory testing of soils and
materials, related analyses and recommendations.
C. Surveys (for design and construction)to include topographic surveys, base line surveys, cross
section surveys, etc., as required and approved by the OWNER.
D. Prepare pre-applications for federal and/or state assistance grants for funding of the project.
Assist the OWNER in preparation of application for federal assistance. Prepare OWNER's
applications for partial and final payment for submission to government agencies.
E. Provide a Resident Project Representative for construction by a full time resident project
representative, as required and approved by the OWNER. When authorized by the OWNER
the duties, responsibilities and limitations of authority shall be as described in SECTION IV.
Said Resident Project Representative shall be utilitzed, as necessary, on a project by project
basis. OWNER'S first preference for such Representative shall be Donnie McGahee.
F. Reproduction of additional copies of reports, contract documents and specifications above
the specified number furnished in Basic Services.
G. Assistance to the OWNER as expert witness in litigation arising from development or
construction of the project or for additional work requested after final completion of the
construction project.
H. The accomplishment of additional surveys and investigations, and the preparation of
additional reports and drawings as may be requested or authorized in writing by the OWNER
in connection with the project.
I. Extra Work Created by Design Changes, after approval of plans and specifications by the
OWNER and FAA/DOT, as required, and beyond the control of the CONSULTANT, that
may be requested or authorized in writing by the OWNER in connection with the project.
J. Extra Work Required to Contract Documents, Plans and Specifications to facilitate the award
of more than one construction contract, in the event the OWNER adopts such a construction
program.
K. Preparation of updates to the Airport Layout Plan as directed by the OWNER.
L. Prepare DBE Plans and/or Updates for existing DBE Plans.
SECTION III—RESPONSIBILITIES OF THE OWNER
A. OWNER shall provide all criteria and full information as to the OWNER's requirements for
the Project; designate a person to act with authority on OWNER's behalf in respect of all
aspects of the Project; examine and respond promptly to CONSULTANT's submissions; and
give prompt written notice to CONSULTANT whenever he observes or otherwise becomes
aware of any defect in the work.
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B. OWNER shall also do the following and pay all costs incident thereto:
1. Furnish to CONSULTANT core borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspections of samples, materials and
equipment and similar data; appropriate professional interpretations of all the foregoing;
environmental assessment and impact statements; property, boundary, easement, right-of-
way, topographic and utility surveys; property descriptions; zoning and deed restrictions;
all of which CONSULTANT may rely upon in performing his services. Provided,
however, that at OWNER's option and with OWNER's written approval before work is
initiated, CONSULTANT will contract with other professionals as necessary to obtain
such information.
2. Guarantee access to and make all provisions for CONSULTANT to enter upon public
and private property.
3. Provide such legal, accounting, independent cost estimating and insurance counseling
services as may be required for the Project.
4. Provide for legal representation for defense of OWNER's officers, directors, employees,
and agents against any claim or suit brought for negligence by any third party related to
the performance of this Agreement by OWNER's officers, directors, employees, and
agents; provided, however, that this provision shall not relieve CONSULTANT of its
obligaton to indemnify OWNER as required in Section VI of this Agreement.
5. Provide field control surveys and fix reference points and base lines. Provided, however,
that at OWNER's option and with OWNER's written approval before work is initiated,
CONSULTANT will contract with other professionals as necessary to obtain such
information.
6. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project.
C. OWNER shall pay all costs incident to obtaining bids or proposals from Contractor(s).
SECTION IV — DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY
OF RESIDENT PROJECT REPRESENTATIVE
A. General
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Resident project representative as CONSULTANT's agent will act as directed by and under
the supervision of CONSULTANT, and will confer with CONSULTANT regarding his
actions. Resident project representative's dealings in matters pertaining to the on-site work
shall in general be only with the OWNER, CONSULTANT, and Contractor, and dealings
with subcontractors shall only be through or with the full knowledge of Contractor.
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B. Duties and Responsibilities
Resident project representative will:
1. Schedules: Review the progress schedule, schedule of shop drawing submissions and
schedule of values prepared by contractor and consult with CONSULTANT concerning
their acceptability.
2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress
meetings and other job conferences as required in consultation with CONSULTANT and
OWNER and notify those expected to attend in advance. Attend meetings, and maintain
and circulate copies of minutes thereof.
3. Liason:
a. Serve as CONSULTANT's liason with contractor, working principally through
Contractor's superintendent and assist him in understanding the intent of the contract
documents. Assist CONSULTANT in serving as OWNER's liaison with contractor
when contractor's operations affect OWNER's on-site operations.
As requested by CONSULTANT, assist in obtaining from OWNER additional details
or information, when required at the job site for proper execution of the work.
4. Shop Drawings and Samples:
a. Receive and record date of receipt of shop drawings and samples, receive samples
which are furnished at the site by contractor, and notify CONSULTANT of their
availability for examination.
b. Advise CONSULTANT and contractor or its superintendent immediately of the
commencement of any work requiring a shop drawing or sample submission if the
submission has not been approved by CONSULTANT.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the work in progress as well as periodic observations
of the site during times when the Contractor is not actually working to assist the
CONSULTANT in determining if the work is in accordance with the contract
documents and that completed work will conform to the contract requirements.
b. Report to CONSULTANT and OWNER whenever he believes that any work is
unsatisfactory, faulty or defective or does not conform to the contract documents, or
does not meet the requirements of any inspections, tests or approval required to be
made or has been damaged prior to final payment; and advise CONSULTANT and
OWNER when he believes work should be corrected or rejected or should be
uncovered for observation, or requires additional testing, inspection or approval.
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c. Verify that tests, equipment and systems startups and operating and maintenance
instructions are conducted as required by the contract documents and in presence of
the required personnel, and that contractor maintains adequate records thereof;
observe, record and report to CONSULTANT appropriate details relative to test
procedures and startups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the project, record the outcome of these inspections and report to
CONSULTANT.
6. Interpretation of Contract Documents: Transmit to contractor CONSULTANT's
clarifications and interpretations of the contract documents.
7. Modifications: Consider and evaluate contractor's suggestions for modifications in
drawings or specifications and report them with recommendations to CONSULTANT.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job conferences,
shop drawings and samples submissions, reproductions or original contract
documents including all addenda, change orders, field orders, additional drawings
issued subsequent to the execution of the contract, CONSULTANT's clarifications
and interpretations of the contract documents, progress reports, test reports and other
project related documents.
b. Keep a diary or log book, recording hours on the job site, weather conditions, data
relative to questions of extras or deductions, quantities of material installed on the
project, list of visiting officials and representatives of manufacturers, fabricators,
suppliers and distributors, daily activities, decisions, observations in general and
specific observations in more detail as in the case of observing test procedures. Send
copies to CONSULTANT.
c. Record names, addresses and telephone numbers of all contractors, subcontractors
and major suppliers of materials and equipment.
9. Reports:
a. Furnish CONSULTANT periodic reports as required of progress of the work and
Contractor's compliance with the approved progress schedule and schedule of shop
drawing submissions.
b. Consult with CONSULTANT in advance of scheduled major tests, inspections or
start of important phases of the work.
c. Report immediately to CONSULTANT and OWNER upon the occurrence of any
accident.
10. Payment Requisitions: Review applications for payment with the Contractor for
compliance with the established procedure for their submission and forward them with
recommendations to CONSULTANT, noting particularly their relation to the schedule of
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values, work completed and materials and equipment delivered at the site but not
incorporated in the work.
11. Certificates, Maintenance and Operation Manuals: During the course of the work, verify
that certificates, maintenance and operation manuals and other data required to be
assembled and furnished by Contractor are applicable to the items actually installed; and
deliver this material to CONSULTANT for his review and forwarding to OWNER prior
to final acceptance of the work.
12. Completion:
a. Before CONSULTANT issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
b. Conduct final inspection in the company of CONSULTANT, OWNER and
Contractor and prepare a final list of items to be completed or corrected.
c. Verify that all items on final list have been completed or corrected and make
recommendations to CONSULTANT concerning acceptance.
C. Limitations of Authority
Except upon written instructions of CONSULTANT, resident project representative:
1. Shall not authorize any deviation from the contract documents or approve any substitute
materials or equipment.
2. Shall not exceed limitations on CONSULTANT's authority as set forth in the contract
documents.
3. Shall not undertake any of the responsibilities of Contractor, subcontractors or
Contractor's superintendent, or expedite the work.
4. Shall not advise on or issue directions relative to any aspect of the means, methods,
techniques, sequences or procedures of construction unless such is specifically called for
in the contract documents.
5. Shall not advise on or issue directions as to safety precautions and programs in
connection with the work.
6. Shall not authorize OWNER to occupy the project in whole or in part.
7. Shall not participate in specialized field or laboratory tests.
SECTION V—METHOD OF PAYMENT
The OWNER agrees to compensate the CONSULTANT for services performed in accordance
with the schedule of fees attached hereto and incorporated herein as "Attachment 1." The method
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of payment and the amount for specified services shall be detailed in a Work Authorization,
which shall be prepared by the CONSULTANT and submitted to the OWNER for review and
approval. The receipt of an approved Work Authorization will constitute the CONSULTANT's
Notice-to-Proceed.
The CONSULTANT is not to undertake any work prior to the receipt of an approved Work
Authorization executed and approved by the OWNER. It is acknowledged, understood, and
agreed upon by the parties that OWNER'S Daniel Field Airport is not in the financial position to
pay for services above and beyond the local match of any applicable grant. As such, the fees that
the Georgia Department of Transportation (GDOT) approves shall be the agreed upon price
between these Parties for the professional services of said CONSULTANT.
A. Basic Services
1. All payments, including, but not limited to partial payments, for basic services in
connection with the project development phase and/or the design phase shall be made
subject to GDOT approvals and available funds.
2. All payments, including, but not limited to partial payments, for basic services in
connection with the construction phase shall be made subject to GDOT approvals and
available funds.
B. Additional Services
1. Basis of Compensation:
a. The OWNER will pay the CONSULTANT for additional services performed by
personnel of the CONSULTANT as established in this Agreement's Schedule of
Fees.
2. Terms and Conditions: The basis of compensation described above is based upon the
following conditions:
a. Time charged to the project by consulting personnel will include the time that the
applicable employees are engaged in actual work on the project at the
CONSULTANT's office, at the site of the project, or in travel status in connection
with the project.
b. Only the personnel needed and required to accomplish the services in keeping with
the prescribed schedule shall be assigned to the project.
c. Charges will not be made to the project during periods of sickness, vacation or at any
other times when personnel are not gainfully employed on the work.
d. Payment for all time worked by the Project Representative(s) in accordance with
Section IV based on payroll records shall be made as an Additional Service in
accordance with Section B, Additional Services. Project Representative(s)'s services
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shall begin with the date of the Notice to Proceed and extend through final release by
the OWNER except during periods of contract stop orders when the Project
Representative(s)'s services shall be suspended, unless otherwise instructed by the
OWNER and approved by the Federal Aviation Administration.
3. Payment Schedule:
a. Invoices shall be submitted at monthly intervals to the OWNER with copies of
payrolls and receipts.
b. Standard terms: A service charge of 1-1/2% (18% annum) will be added on all
accounts outstanding over 60 days from date of invoice, unless the OWNER has a
good-faith dispute regarding the amount or other legitimacy of an invoice, in which
case no service charge will be applied to any portion of an invoice that is the subject
of such a good-faith dispute.
SECTION VI—MISCELLANEOUS PROVISIONS
A. Statements of probable construction cost: Since the CONSULTANT has no control over the
cost of labor and materials or over competitive bidding and market conditions, the statements
of probable construction cost provided for herein are to be made on the basis of his
experience and qualifications, but the CONSULTANT does not guarantee the accuracy of
such estimates as compared to the Contractor's bids or the project construction costs.
B. Extra Work: It is mutually understood and agreed that the OWNER will compensate the
CONSULTANT for services resulting from significant changes in general scope of the
project or its design including, but not necessarily limited to, changes in size, complexity,
project schedules, character of construction, revisions to previously accepted studies, reports,
design documents or contract documents and for preparation of documents for separate or
alternate bids, when such revisions are due to causes beyond the CONSULTANT's control
and when requested or authorized in writing by the OWNER. Compensation for such extra
work when authorized in writing by the OWNER shall be in accordance with Section B,
Additional Services. Changes that involve an increase in the compensation shall be
considered major, and require the approval of the Augusta Board of Commissioners. The
Chairman of the Augusta General Aviation Commission may approve minor changes to the
scope of services that do not involve an increase in the compensation schedule.
C. Temporary Suspension or Delay of Performance: To the extent that is does not alter the
scope of this Agreement, OWNER may unilaterally order a temporary stopping of work, or
delaying of the work to be performed by CONSULTANT under this Agreement.
D. Specified Excuses for Delay or Non-Performance: CONSULTANT is not responsible for
delay in performance caused by hurricanes, tornadoes, floods, and other severe and
unexpected acts of nature. In any such event, the Contract price and schedule shall be
equitably adjusted.
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E. Reuse of Documents: All documents including drawings and specifications prepared by
CONSULTANT pursuant to this Agreement are instruments of service in respect of the
project. They are not intended or represented to be suitable for reuse by OWNER or others
on extensions of the project or on any other project. Any reuse without written verification
or adaptation by CONSULTANT for the specific purposes intended will be at OWNER's
sole risk and without liability or legal exposure to CONSULTANT; and OWNER shall
indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by
OWNER and CONSULTANT. Notwithstanding these provisions the OWNER shall be
provided upon request a reproducible copy of any drawing produced under this Agreement at
the cost of reproduction.
F. Responsibility of CONSULTANT:
1. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of all designs, drawings,
specifications, reports, and other services furnished by the CONSULTANT under this
Agreement. The CONSULTANT shall, without additional compensation, correct or
revise any errors, omissions or other deficiencies in his designs, specifications, reports
and other services.
2. Approval by the OWNER or the FAA/DOT of drawings, design, specifications, reports,
and incidental Consulting work or materials furnished hereunder shall not in any way
relieve the CONSULTANT of his responsibility for the technical adequacy of his work.
3. Insurance: The CONSULTANT shall, at all times that this Agreement is in effect, cause
to be maintained in force and effect an insurance policy(s) that will endure and
indemnify OWNER against liability or financial loss resulting from injuries occurring
to persons or property or occurring as a result of any negligent error, act, or omission of
the CONSULTANT in performance of the work during the term of this Agreement.
4. The CONSULTANT shall provide, at all times that this Agreement is in effect,
Insurance with limits of not less than:
a. Workmen's Compensation Insurance- in accordance with the laws of the State
of Georgia.
b. Public Liability Insurance—in an amount of not less than One Million dollars
($1,000,000) for injuries, including those resulting in death to any one person,
and in an amount of not less than One Million dollars ($1,000,000) on account
of any one incident or occurrence.
c. Property Damage Insurance- in an amount of not less than One Million dollars
($1,000,000) from damages on account of an occurrence, with an aggregate
limit of One Million dollars ($1,000,000).
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d. Valuable Papers Insurance—in an amount sufficient to assure the restoration
of any plans, drawings, field notes, or other similar data relating to the work
covered by the Project.
e. Professional Liability Insurance—in an amount of not less than One Million
dollars ($1,000,000) or an amount that correlates to the aggregate fee on the
project should it exceed $1,000,000.
OWNER shall be named as an additional insured with respect to CONSULTANT's
liabilities hereunder in insurance coverages identified as items (2) and(3) above.
The policies shall be written by a responsible company(s), to be approved by OWNER,
and shall be noncancellable except on thirty (30) days' written notice to OWNER. Such
policies shall name OWNER as co-insured, except for worker's compensation and
professional liability policies, and a copy of such policy or a certificate of insurance shall
be filed with the Augusta Procurement Department Director at the time of the execution
of this Agreement.
5. The CONSULTANT is not responsible under this Agreement to audit Contractor's
payrolls or records, or to check payrolls for compliance with wage rates or to act as
foreman, superintendent, safety CONSULTANT, or for the safety of the Contractor's
personnel, or to guarantee the Contractor's workmanship, or to enforce governmental
clauses made part of the construction contract as a consideration of the OWNER
receiving governmental loans and grants.
G. Hold Harmless: Except as otherwise provided in this Agreement, CONSULTANT shall
indemnify and hold harmless OWNER, and its officers, employees, and agents from and
against all liabilities, claims, suits, demands, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from the performance of its Work under this
Agreement, unless such is attributable in whole or in part to the negligence or intentional acts
of OWNER, its officials, agents, or employees. OWNER shall indemnify, hold harmless
CONSULTANT, its officials, agents, and employees from and against all liabilities, claims,
suits, demands, damages, losses, and expenses, including attorneys' fees, arising out of or
resulting from the performance of this Agreement, unless such is attributable in whole or in
part to the negligence or intentional acts of CONSULTANT, its officials, agents, or
employees.
H. Prohibition Against Contingent Fees: The CONSULTANT warrants that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon and
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by CONSULTANT for the purpose of securing business and that the
CONSULTANT has not received any non-OWNER fee related to this Agreement without the
prior written consent of OWNER. For breach or violation of this warranty, OWNER shall
have the right to annul this Agreement without liability or at its discretion to deduct from the
Agreement Price of consideration the full amount of such commission, percentage, or
contingent fee.
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I. Termination:
1. This Agreement may be terminated in whole or part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement
through no fault of the terminating party provided that no such termination may be
effected unless the other party is given:
a. Not less than ten(10) calendar days written notice of intent to terminate; and
b. An opportunity for consultation with the terminating party prior to termination.
2. This Agreement may be terminated in whole or part in writing by the OWNER for its
convenience provided the CONSULTANT is given:
a. Not less than ten(10) calendar days written notice of intent to terminate; and
b. An opportunity for consultation with the terminating party prior to termination.
3. Upon receipt of a termination notice, the CONSULTANT shall promptly discontinue all
services affected (unless the notice directs otherwise) and deliver or otherwise make
available to the OWNER all data, drawings, specifications, reports, estimates, summaries,
and such other information and materials as may have been accumulated by the
CONSULTANT in performing this Agreement, whether completed or in process.
4. If this Agreement is terminated by either party, the CONSULTANT shall be paid for
services rendered and expenses incurred prior to the termination in addition to
termination settlement costs reasonably incurred by the CONSULTANT relating to
commitments which had become firm prior to the termination. If termination of this
Agreement occurs at the conclusion of one phase and prior to authorization of the
OWNER to begin the next phase, payment by the OWNER of the completed phase shall
be considered full compensation due the CONSULTANT. If this Agreement is
terminated by the OWNER for default of the CONSULTANT the amount due the
CONSULTANT may be adjusted to the extent of any additional costs incurred by the
OWNER as a result of the CONSULTANT's default.
J. Remedies, Venue, and Jurisdiction:
The law of the State of Georgia shall govern this Agreement between OWNER and
CONSULTANT with regard to its interpretation and performance, and any other claims
related to this Agreement.
All claims, disputes, and other matters in question between OWNER and CONSULTANT
arising out of or relating to this Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this
Agreement, specifically consents to jurisdiction and venue in Richmond County and waives
any right to contest the jurisdiction and venue in the Superior Court of Richmond County,
Georgia.
15
K. Audit Access to Records:
1. The CONSULTANT shall maintain books, records, documents and other evidence
directly pertinent to the work under this Agreement in accordance with generally accepted
accounting principles and practices. The OWNER, the FAA, the Comptroller General of the
United States or any of their duly authorized representatives shall have access to any books,
documents, papers, records and other evidence which relates directly to the Project for the
purpose of examination, audit, excerpts and transcriptions.
2. Records described above shall be maintained and made available during the performance
under this Agreement and for a period of three years after the OWNER makes final payment.
L. Georgia Open Records Act. CONSULTANT acknowledges that this Agreement and certain
documentation may be subject to the Georgia Open Records Act (OCGA §50-18-70, et seq.).
Consultant shall cooperate fully in responding to such requests and shall make all records,
not exempt, available for inspection and copying as required by law. Consultant shall clearly
mark any information provided to OWNER which Consultant contends is Proprietary
Information. CONSULTANT shall notify OWNER immediately of any Open Records
request arising out of this Agreement and shall provide to OWNER a copy of any response to
the same.
M. Georgia Prompt Pay: The Georgia Prompt Pay Act is not applicable. The terms of this
Agreement supersede any and all provisions of the Georgia Prompt Pay Act.
N. Assignability and Subcontracting: Except as provided herein, neither Party may assign this
Agreement or any of its rights or obligations hereunder without the prior written consent of
the other Party, which consent will not be unreasonably withheld. Any attempted assignment,
delegation, or transfer without the necessary consent will be void.
O. Notices: Any notices, bills, invoices, or reports required by this Agreement shall be
sufficient if sent by the Parties hereto in the United States mail, postage paid, to the addresses
noted below. Any notices, bills, invoices, or reports required by this Agreement shall also be
sufficient if sent to the Parties hereto via electronic mail or facsimile. Notice shall be
effective upon receipt.
For Augusta:
Augusta, Georgia
General Aviation Commission
Daniel Field Airport
1775 Highland Avenue
Augusta, Georgia 30904
16
With Copy:
Augusta, Georgia
Office of the Mayor
Hardie Davis, Jr.
535 Telfair Street, Suite 200
Augusta, Georgia 30901
Augusta Law Department
General Counsel
535 Telfair Street, Building 3000
Augusta, Georgia 30901
For Consultant:
Goodwyn, Mills and Cawood, Inc.
P. Waiver: Failure or delay by either Party to exercise a right or power under this Agreement
will not be a waiver of the right or power. For a waiver of a right or power to be effective, it
must be in a writing signed by the waiving Party. An effective waiver of a right or power
will not be construed as either a future or continuing waiver of that same right or power, or
the waiver of any other right or power.
Q. Modification: Consultant acknowledges that this Agreement 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 Augusta, Georgia Board of Commissioners 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 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 under an agreement that has not received proper legislative
authorization or if 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, Augusta, Georgia 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; unless the
person who executes a change order or amendment on behalf of Augusta, Georgia
("Authorized Signatory") represents that all legislative approvals were given and that the
Authorized Signatory is duly authorized to bind Augusta, Georgia. This acknowledgement
17
shall be a mandatory provision in all Augusta, Georgia contracts for goods and services,
except revenue producing contracts.
R. Local Small Business Language: In accordance with Chapter 10B of the Augusta, GA.
Code, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia
to evaluate the effectiveness of its Local Small Business Opportunity Program and to make
such records available to Augusta, Georgia upon request. The requirements of the Local
Small Business Opportunity Program can be found at www.augustaga.gov. In accordance
with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars
paid to each subcontractor, vendor, or other business on each contract, and shall provide such
payment affidavits, regarding payment to subcontractors, if any, as required by Augusta,
Georgia. Such utilization reports shall be in the format specified by the Director of Minority
and Small Business Opportunities, and shall be submitted at such times as required by
Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need
assistance completing a form or filing information, please contact the Local Small Business
Opportunity Program Office at (706)821-2406. Failure to provide such reports within the
time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of
the remedies set forth, including but not limited to, withholding payment from the contractor
and/or collecting liquidated damages.
S. Effective Date and Term: The effective date of this Agreement is the date of its exection as
set forth above. This Agreement shall continue for a term of five (5) years, unless sooner
terminated by either party in accordance with Section VI.J.
T. Enitre Agreement; Severability; Further Assurances: This Agreement, including any exhibits
attached hereto, constitutes the entire agreement between the Parties, and supersedes all prior
and contemporaneous agreements, understandings and negotiations, with respect to the
subject matter hereof In the event any provision of this Agreement is determined to be
invalid or unenforceable, it is the desire and intention of the Parties that such invalidity or
unenforceability not invalidate or render unenforceable the remainder of this Agreement and
that such provision be reformed and construed in such a manner that it will,to the maximum
extent practicable, be deemed valid and enforceable, and the rights and obligations of the
Parties shall be construed and enforced accordingly. Each Party shall execute and deliver
such further documents and take such further actions as may be required or reasonably
requested by the other Party to effectuate the purposes of this Agreement.
SECTION VII: MANDATORY FEDERAL CONTRACT PROVISIONS
The following federal statutes and regulations mandating certain contract provisions are
incorporated herein by reference. Certain provisions are set forth below in the text of this
Agreement to comply with the federal statutes and regulations referenced in the below table. In
the event of the omission of any language required by the referenced federal statutes or
regulations, or in the event of a conflict between the textual provisions set forth in this
Agreement and the requirements of the referenced federal statutes or regulations, this Agreement
shall be deemed to incorporate any required language in the federal statutes or regulations and
18
any conflicts shall be resolved in favor of the language required by the federal statutes or
regulations.
Civil Rights Act of 1964, Title VI Contractor Contractual Requirements 49 CFR Part 21
General Civil Rights Provisions in the Airport and Airway Improvement 49 USC 47123
Act of 1982, Section 520
Participation by Disadvantaged Business Enterprises 49 CFR Part 26
Restrictions on Lobbying 49 CFR Part 20
Appendix A; 2 CFR
Part 200 Appendix II;
31 USC 1352
Access to Records and Reports 2 CFR 200.333,
200.336
Breach of Contract Terms 2 CFR 200 Appendix II
Rights to Inventions 2 CFR 200 Appendix
II; 37 CFR 401
Trade Restriction Clause 49 CFR Part 30
Termination of Contract 2 CFR 200
Fair Labor Standards Act 29 USC 201 et seq.;
29 CFR Chapter V
Occupational Safety and Health Act 29 CFR Part 1910
Veteran's Preference 49 use 471112
Seismic Safety 49 CFR Part 41
Distracted Driving Executive Order
13513; DOT Order
3902.10
Energy Conservation Requirements 42 USC 6201 et seq.
Equal Employment Opportunity 29 CFR 200 Appendix
II; 41 CFR 60-1.4; 41
CFR 60-4.3
Clean Air/Water Pollution Control 2 CFR 200 Appendix II
A. General Civil Rights Provisions. The CONSULTANT agrees to comply with pertinent
statutes, Executive Orders and such rules as are promulgated to ensure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or disability be
excluded from participating in any activity conducted with or benefiting from Federal
assistance. This provision binds the CONSULTANT and sub-tier contractors from the
bid 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.
B. Title VI Civil Rights Assurances. During the performance of this contract, the
CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred
to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor will comply with the Title VI List
of Pertinent Nondiscrimination Acts and Authorities, as they may be amended
19
from time to time, which are herein incorporated by reference and made a part of
this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor's obligations under
this contract and the Nondiscrimination Acts and Authorities on the grounds of
race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor wil so certify to the sponsor or
the Federal Aviation Administration, as appropriate, and will set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the Nondiscrimination provisions of this contract, the sponsor will impose such
contract sanctions as it or the Federal Aviation Administration may determine to
be appropriate, including, but not limited to:
a. Witholding payments to the contractor under the contract until the contractor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The contractor will take action with
respect to any subcontract or procurement as the sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including
20
i
sanctions for noncompliance. Provided, that if the contractor becomes involved
in or is threatened with litigation by a subcontractor or supplier because of such
direction,the contractor may request the sponsor to enter into any litigation to
protect the interests of the sponsor. In addition, the contractor may request the
United States to enter into the litigation to protect the interests of the United
States.
C. Title VI List of Pertinent Nondiscrimination Acts and Authorities: During the
performance of this contract, the CONSULTANT, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees to comply with
the following nondiscrimination statutes and authorities, including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
2. 49 CFR Part 21 (Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of
1964);
3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 USC 4601) (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
4. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794 et seq.)
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
5. The Age Discrimination Act of 1975, as amended (42 USC 6101 et seq.)
(prohibits discrimination on the basis of age);
6. Airport and Airway Improvement Act of 1982, as amended (49 USC 471, Section
47123) (prohibits discrimination based on race, creed, color, national origin, or
sex);
7. The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities"to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
8. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities,public
and private transportation systems,places of public accommodation, and certain
testing entities (42 USC 12131-12189) as implemented by Department of
Transportation regulations at 49 CFR Parts 37 and 38;
21
9. The Federal Aviation Administration's Nondiscrimination statute (49 USC
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
10. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
11. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed.Reg. at 74087 to
74100); and
12. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 USC
1681 et seq.).
D. Disadvantaged Business Enterprise (DBE)Assurances.
1. Policy: It is the policy of the DOT that disadvantaged business enterprises as
defined in 49 CFR Part 26 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or in part with federal funds under
this Agreement. Consquently, the DBE requirements of 49 CFR Part 26 apply to
this Agreement.
2. DBE Obligation: The CONSULTANT agrees to ensure that disadvantaged
business enterprises as defined in 49 CFR Part 26 have the maximum
opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with federal funds provided under this Agreement. In
this regard, all contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 26 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts.
Contractors shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of DOT-assisted contracts.
E. Restrictions on Lobbying. The CONSULTANT certifies by signing this Agreement, to
the best of his knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
22
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract,the making of any Federal grant,the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
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 any
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3. The CONSULTANT shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
F. Access to Records and Reports. The CONSULTANT must maintain an acceptable cost
accounting system. The CONSULTANT agrees to provide the sponsor, the Federal
Aviation Administration, and the Comptroller General of the United States, or any of
their duly authorized representatives, 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 years after final payment is made and all pending matters are
closed.
G. Rights to Inventions. Contracts or agreements that include the performance of
experimental, developmental, or research work must provide for the rights of the Federal
Government and the Owner in any resulting invention as established by 37 CFR Part
401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms
under Government Grants, Contracts, and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified in 37 CFR 401.14.
The CONSULTANT must include this requirement in all sub-tier contracts
involving experimental, developmental or research work.
H. Trade Restriction Certification. The Trade Restriction Certification set forth in 49 CFR
Part 30 is incorporated herein by reference and shall have the same force and effect as
if given in full text.
Fair Labor Standards Act. This contract and all subcontracts that result from this
solicitation incorporate by reference the provisions of 29 USC 201 et seq. and 29 CFR
Chapter V, the Federal Fair Labor Standards Act (FLSA), with the same force and effect
as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and
23
fi
child labor standards for full- and part-time workers. The CONSULTANT has full
responsibility to monitor compliance with the referenced statutes and regulations. The
CONSULTANT must address any claims or disputes that arise from this requirement
directly with the U.S. Department of Labor—Wage and Hour Division.
J. Occupational Safety and Health Act. This contract and all subcontracts that result from
this solicitation incorporates by reference the requirements of 29 CFR Part 1910 with the
same force and effect as if given in full text. The CONSULTANT must provide a work
environment that is free from recognized hazards that may cause death or serious
physical harm to the employee. The CONSULTANT retains full responsibility to
monitor its compliance and its subcontractors' compliance with the applicable
requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910).
The CONSULTANT must address any claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor — Occupational Safety and
Health Administration.
K. Veteran's Preference. In the employment of labor (excluding executive, administrative,
and supervisory positions), the CONSULTANT and all sub-tier contractors must give
preference to covered veterans as defined within Title 49 United States Code Section
47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 USC 632) owned and controlled by disabled veterans. This preference
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
L. Seismic Safety. In the performance of design services, the CONSULTANT agrees to
furnish a building design and associated construction specifications that conform to a
building code standard which provides a level of seismic safety substantially equivalent
to standards as established by the National Earthquake Hazards Reduction Program
(NEHRP). Local building codes that model their building code after the current version
of the International Building Code (IBC) meet the NEHRP equivalency level for seismic
safety. At the conclusion of design services, the CONSULTANT agrees to furnish the
OWNER a "certification of compliance" that attests to conformance of the building
design and the construction specifications with the seismic standards of NEHRP or an
equivalent building code.
M. Distracted Driving. In accordance with Executive Order 13513, "Federal Leadership on
Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text
Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant
funds to adopt and enforce safety policies that decrease crashes by distracted drivers,
including policies to ban text messaging while driving when performing work related to a
grant or sub-grant. In support of this initiative, the OWNER encourages the
CONSULTANT to promote policies and initiatives for its employees and other work
personnel that decrease crashes by distracted drivers, including policies that ban text
messaging while driving motor vehicles while performing work activities associated with
the project. The CONSULTANT must include the substance of this clause in all sub-tier
24
contracts exceeding $3,500 and that involve driving a motor vehicle in performance of
work activities associated with the project.
N. Energy Conservation Requirements. The CONSULTANT and any subcontractors agree
to comply with mandatory standards and policies relating to energy efficiency as
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act(42 USC 6201 et seq.).
O. Equal Employment Opportunity. The mandatory contract language and mandatory
specification language set forth in 41 CFR 60-1.4 and 41 CFR 60-4.3 is incorporated
herein by reference and shall have the same force and effect as if given in full text.
P. Clean Air/Water Pollution Control. The CONSULTANT agrees to comply with all
applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42
USC 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC
1251-1387). The CONSULTANT agrees to report any violation to the OWNER
immediately upon discovery. The OWNER assumes responsibility for notifying the
Environmental Protection Agency (EPA)and the Federal Aviation Administration.
Q. This includes all other applicable current regulations not mentioned above, as well as
covered under O.C.G.A regulations.
[SIGNATURES ON THE FOLLOWING PAGE]
25
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
date and year first written above.
OWNER: CONSULTANT:
AUGUSTA, GEORGIA GOODWYN, MILLS & CAWOOD, INC.
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DANIEL T IELiY GENERAL AVIATION COMMISSION
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Title: Chairman
Date:
26
i
Attachment 1
Goodwyn, Mills & Cawood, Inc.
Rate and Fee Schedule
A. Hourly Rates
Classification Rate/ hour
Principal $230.00
Senior Engineer $180.00
Project Manager I $160.00
Project Manager II $140.00
Engineer I $120.00
Engineer II $100.00
Senior Designer $ 80.00 - $ 95.00
Env. Engineer, Biologist, Ecologist, Geologist $100.00 - $ 120.00
Inspector $105.00
CADD Technical I $ 95.00
CADD Technical II $ 80.00
CADD Technical III $ 70.00
Administrative $ 70.00
Registered Surveyor $125.00
Survey Crew (two-man survey crew) $135.00
Survey Crew (three-man survey crew) $150.00
B. Serving as a Witness
For services performed by CONSULTANT's employees as witness giving testimony in any
litigation, arbitration or other legal or administrative proceeding, OWNER shall pay
CONSULTANT at a rate of$200 per hour. Compensation for time spent preparing to testify in
any such litigation, or proceeding will be on the basis provided in Section A above.
C. Approved Subconsultants
Parties agreed the following firms are approved as subconsutlants and CONSULTANT may
enter into applicable subcontracts for specialized work upon receiving an approved Project
Contract from OWNER:
Gallop &Associates
ISM, LLC
Origin Landscape Architecture
John Bailey &Associates
Taffy Pippin Consulting, LLC
MaesAwyr, LLC
27