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HomeMy WebLinkAboutATC ASSOCIATES INC REYNOLDS STREET PARKING DECK TEE CENTER LUMP SUM AGREEMENT FOR GEOTECHNICAL CONSULTING SERVICES BETWEEN Augusta, Georgia, a political subdivision of the State of Georgia Acting by and through the Richmond County Commission Hereinafter Referred to as Owner AND ATC Associates Inc. an Engineering Firm Registered on the State of Georgia Hereinafter Referred to as Geotechnical Consultant PROJECT: Geotechnical Engineering Consulting Services for the Augusta Richmond County Reynolds Street Parking Deck LUMPSUM.SF 2/8/10 DATE: February 8,2010 TABLE OF CONTENTS Page 1. Basic Services...................................................................................................... ................................ ......1 2. Owner's Responsibilitie s ................................................ ...................... ........... .........................................1 3. Compensation........................... ............................... ........ .................................... ......................................1 4. Additional Services................... ...................... ................. ................................. ........................................1 5. Period of Performance .......................... ...................... .......................................... ............ ........................2 6. Mutual Indemnity........ .................................................. .................................... .................. .......... ........... 2 7. Ownership of Documents ...................................................................................................... .......... ......... 2 8. Standard of Care...................................... ............................................... .............................. ........... .........2 9. Governing Law......... ....................... ................. ...................... .......... ................ ......................... ................3 10. Assignment and Delegation .............................. ......................... ..... .............................. ...........................3 11. Termination................................................................................................................ ...............................3 12. Information or Product Usage.. .................................................................................................... ............3 13. Extent of Agreement.......................................................................................... ................................ .......3 14. Third Party...................................... .... ............................... ............ ............................................ ...............3 15. Notice ...................................................................... .... ............................... ................. ...............................3 16. Dispute Resolution................................... .................................................................... .... .........................3 Attachment A Basic Services .......................... ...................................................................................... ".".",." Al Attachment B Schedule of Payments ................................................ .......... ...................................... ............... B 1 Attachment C Project Schedule ...... .......... ...................................................... .......................................... ......... C 1 LUMPSUM.SF 2/8/10 LUMP SUM AGREEMENT February 8,2010 Owner and ATC Associates Inc. mutually agree as follows: 1. BASIC SERVICES. Geotechnical Consultant shall provide to the Owner, for the Geotechnical Consulting Services for the Augusta Richmond County Reynolds Street Parking Deck, the certain services as described in Attachment A, Basic Services, for the Project, attached hereto and incorporated herein. Unless specified in Attachment A, Basic Services, any further service required of Geotechnical Consultant shall be considered Additional Services in accordance with Article 4. 2. OWNER'S RESPONSIBILITIES. The Owner shall provide full information regarding his requirements for the Project. The Owner shall furnish all surveys and other such reports and all legal, accounting and insurance counseling services as may be necessary for the Project at the Owner's expense. The Owner will be assisted by their Construction Program Manager (CPM), who is under a separate contract with the Owner. The CPM will represent the Owner and function as the primary point of contact for the Geotechnical Consultant for all matters, except as designated otherwise, in writing, by the Owner or CPM. 3. COMPENSATION. For the Basic Services under this Agreement, Geotechnical Consultant shall be paid as total basic compensation the Lump Sum of Eight Thousand Seven Hundred and Forty ($8,740.00), which shall be paid in the installments listed in Attachment B, Schedule of Payments, attached hereto and incorporated herein. Payments under Articles 3 and 4 shall be due and payable upon presentation of Geotechnical Consultant's invoices to the Owner, but not later than thirty days after such presentation. No deductions shall be made from Geotechnical Consultant compensation on account of any claim of Owner, or any liquidated damages, retainage or other sums claimed or withheld by the Owner from payments to contractors, design consultants, or others. In the event any invoice submitted by Geotechnical Consultant for servIces rendered or Reimbursable Expenses is not paid within sixty days from receipt of the invoice, Geotechnical Consultant shall have the right to cease or suspend all performance required under this Agreement until the invoice is paid in full. Notwithstanding anything herein to the contrary, such cessation or suspension of work by Geotechnical Consultant shall not be deemed a breach of this Agreement in whole or in part. The decision by Geotechnical Consultant not to cease or suspend performance if there is a non-payment shall not constitute a waiver of its right to stop work as long as a non-payment condition exists. Compensation does not include local, state or federal sales, use, gross receipts, excise, personal property or other similar taxes or duties with respect to the Services, and any such taxes or duties shall be assumed and paid for by the Owner. 4. ADDITIONAL SERVICES. Geotechnical Consultant shall perform Additional Services upon mutual consent of the Owner and Geotechnical Consultant and upon written authorization to proceed from the Owner. Such Additional Services shall be paid for in accordance with this LUMPSUM.SF 2/8/10 Agreement. Compensation shall be based on Time Spent basis plus Reimbursable Expenses, in accordance with Attachment B, paragraph 2, unless otherwise mutually agreed. 5. PERIOD OF PERFORMANCE. The period of performance under this Agreement shall begin upon receipt of a Notice to Proceed from the Owner. Work shall be prosecuted in accordance with Attachment C, Project Schedule, with the understanding that time is of the essence of this Agreement. If the Project is delayed through no fault of the Geotechnical Consultant, all specific dates noted in the Schedule that are affected by the delay will be adjusted by the number of calendar days of the delay. Furthermore, ifthe Owner materially revises the Project, a reasonable time extension shall be negotiated between the Geotechnical Consultant and the Owner. 6. MUTUAL INDEMNITY. Geotechnical Consultant agrees to indemnify and hold harmless the Owner and its officers, agents and employees from any injury, loss, expense or damage to any person or to property, tangible or intangible, to the proportionate extent attributable to a negligent act by Geotechnical Consultant in connection with the performance of its services under this Agreement. The Owner agrees to indemnify, hold harmless, and defend Geotechnical Consultant and its officers, agents and employees from any injury, loss, expense or damage to any person or to property, tangible or intangible, to the proportionate extent attributable to any negligent or willful act by the Owner in connection with the performance of this Agreement. Geotechnical Consultant shall not be responsible for the acts or omissions of any contractor, subcontractor, or design consultant used with respect to the Project or the adequacy or accuracy of any part or all of the Project design. Geotechnical Consultant and the Owner shall not be liable to each other for any delays in the performance of their obligations and responsibilities occurring beyond their reasonable controls and/or without their fault or negligence, including but not limited to, any of the following events or occurrences: fire, flood, earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. However, in the event of any such delays, the Period of Performance under Article 5 shall be extended by a period oftime corresponding with the period for which the Work was delayed and Geotechnical Consultant shall be entitled to an equitable adjustment in its Compensation. The above indemnities shall survive expiration or termination of this Agreement. 7. OWNERSHIP OF DOCUMENTS. Upon termination or expiration of this Agreement, Geotechnical Consultant shall upon written request from the Owner return to the Owner all documents and records provided by the Owner, and any information or materials derived therefrom, which are in Geotechnical Consultant's possession or control. However, Geotechnical Consultant shall be allowed to make copies of such documents, records, information and material. 8. STANDARD OF CARE. Geotechnical Consultant covenants with the Owner to furnish its professional skill and judgment with due care in accordance with the generally accepted standards of geotechnical consulting practice and in accordance with the federal, state and local laws and regulations which are applicable to the performance of the Services and which are in effect on the date of this Agreement. Notwithstanding any other provision to the contrary, except for the express covenant regarding the above described standard of care, Geotechnical Consultant neither makes, nor offers, nor shall Geotechnical Consultant be liable to the Owner for, any express or implied warranties with respect to the performance of Geotechnical Consultant's Services. Geotechnical Consultant shall not be regarded as a guarantor with respect to any work product provided hereunder. LUMPSUM.SF 2/8/10 9. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Georgia. 10. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any duties under this Agreement without the express prior written consent of the other, with the exception of the account receivables which may arise from this Contract that Geotechnical Consultant may assign in its normal course of business. 11. TERMINATION. Either party may terminate this Agreement for any reason by giving the other party written notice at least fifteen days prior to the effective date of termination. In the event of termination by Owner, the Owner shall pay Geotechnical Consultant for all amounts not previously billed and due to Geotechnical Consultant as of the effective date of termination, and all reasonable termination expenses. 12. INFORMATION OR PRODUCT USAGE. Geotechnical Consultant shall provide the Services under this Agreement as an independent contractor. It is expressly understood that how and for what purpose the Owner shall use any information or products generated by Geotechnical Consultant under this Agreement is not within the control of Geotechnical Consultant. Geotechnical Consultant assumes no responsibility for the ultimate suitability of the information or products or for the ultimate consequences or liability resulting from use in a manner contrary to the Geotechnical Consultant's intent. 13. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the Owner and Geotechnical Consultant and supersedes all prior negotiations or representations of each party, and shall be amended only by a writing signed by both parties. 14. THIRD PARTIES. This agreement is not intended to create nor shall it be construed as creating any contractual relationship or obligations between Geotechnical Consultant and any third party, including but not limited to any Construction Program Manager or any Contractor, except where expressly stated herein. Nothing contained in this Agreement, nor the performance of the parties hereunder shall inure to the benefit of any third party. Neither party may assign any rights or claims arising under this Agreement to any third party without the other party's written consent. 15. NOTICE. Notices hereunder shall be delivered personally or by mail, postage prepaid, certified or registered, return receipt requested, to the address ofthe receiving party set out below. 16. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its alleged breach, and if that dispute has not been settled through direct discussions within a reasonable period, the parties to this Agreement agree to first endeavor to settle the dispute in an amicable manner by submitting the dispute to a mutually acceptable mediator under the Construction Industry Mediation Rules of the American Arbitration Association, before having recourse to a judicial forum. Should mediation of disputes prove unsuccessful, the parties to this Agreement agree that the matter(s) in question will be decided in the Superior Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant waives any right to contest the venue in the Superior Court of Richmond County, Georgia LUMPSUM.SF 2/8/10 This Agreement executed the day and year first written above. OWNER GEOTECHNICAL CONSULTANT Augusta, Georgia, a political ATC Associates Inc., an Subdivision of the State of Georgia Engineering Firm Licensed in the State Acting by and through the of Georgia Richmond County Commission A~ ,~\}l\\lV By: Deke S. Copenhaver Mayor c2v<-->?A- o By: ~ '-<1.0 hwz...>-':' At e.1--. GohA.r~oea.<'\ Title V. f'. LUMPSUM.SF 2/8/10 ATTACHMENT A BASIC SERVICES The Work consists of geotechnical exploration, analysis and recommendations, relative to the new Reynolds Street Parking Deck planned for downtown Augusta. The new Reynolds Street Parking Deck will be located near the southwest corner of Reynolds Street and James Brown Boulevard, where now exists surface parking, small retail, and multiple TV satellite dishes. Basic Services to be executed under this Agreement include the following: Scope of Work 1. Perform thorough reconnaissance ofthe site and have all underground utilities located and marked on the ground surface. 2. Mobilize drilling equipment. 3. At locations shown per attached Preliminary Boring Locations layout, perform four (4) geotechnical borings with standard penetration tests in accordance with ASTM D-1586. Obtain split spoon soil samples, place in sample jars, label, and transport to ATC Associate's laboratory. All borings to extend to bed rock strata estimated to be between 50 and 100 feet below the ground surface. Measure and obtain elevation of groundwater after a minimum of 24 hours. 4. Provide a site-specific seismic assessment, utilizing shear wave velocity testing in accordance with the mc (International Building Code) 2006. 5. Provide ground resistivity testing for the project site. 6. Remove and dispose of all materials, rubbish and debris resulting from the geotechnical borings and other "on-site" testing. Backfill test pits as required to original grades. Backfill or grout all soil boring and rock coring holes. 7. Provide visual analysis, classification, and laboratory testing of split spoon soil samples as necessary to provide the data to be included in the engineering report. 8. Prepare and provide an engineering report describing the work performed and including the thirty- one (31) items required on pages 12 and 13 of 36 in the Augusta Richmond County RFP Item #09- 135 requirements. LUMPSUM.SF ]2/29/09 Al A'ITACHMENT B SCHEDULE OF PAYMENTS Payments to Geotechnical Consultant by the Owner for Basic Services rendered shall be made upon completion of the following: INSTALLMENT NUMBER DESCRIPTION INSTALLMENT AMOUNT 1 2 3 Borings Draft Report Final Report $3,010.00 $3,000.00 $2,730.00 TOTAL BASIC COMPENSATION $8,740.00 Payments to Geotechnical Consultant by the Owner for Additional Services rendered shall be made in accordance with the Consultant's standard rates per the following schedule: STP soil borings, 4 borings, 50 to 100 feet variable, $12.00 per foot Staff Engineer $ 65.00/hr. Principal Engineer $ 105.00/hr. LUMPSUM SF 12/29/09 BI A'ITACHMENT C PROJECT SCHEDULE The subsurface exploration will commence within seven (7) days after receiving a Notice to Proceed (NTP). The entire work program described herein will be completed in twenty.eight (28) calendar days. Intermediate portions of the work will be completed as follows: 1. Completion of recommendations for the site coefficient for soil characteristic in accordance with the mc 2006 - twenty-five (21) calendar days from the NTP. 2. Completion offield drilling, sampling and testing - fourteen (l4) calendar days from NTP. 3. Completion oflaboratory analysis and testing - twenty-one (21) calendar days from NTP. 4. Completion of the geotechnical and foundation engineering report: Draft - twenty.one (21) calendar days from the NTP Final - twenty-eight (28) calendar days from the NTP LUMPSUM SF 12/29/09 CI T.o: Jack Turner 1/1/' osh n: 1453 Greene Street. Suite A Augusta. Georgia 30901 Office: '706-722.3310 Fax: 7061722-3370 www.atcassodates.com ...OCIAl"W.I.C. Engineering Individual Solutions January 18, 2010 Mr. Jack Tumer, PE (WTumer@augustaaa.aovl Heery International, Inc. 501 Greene Street, Suite 307 Augusta, GA 30901 Subject: Proposal Geotechnical Engineering Services TEE ParkIng Deck Reynolds Street Augusta, Georgia ATe Proposal Number 066.2010.0014 Dear Jack: INTRODUCTION ATC Associates Inc. (ATC) is pleased to submit this Proposal to provide Geotechnical Engineering Services for the proposed TEE Parking Deck project. The attached Proposal presents our understanding of the planned project, discusses the proposed scope of services, and presents our proposed fees and schedule. Project information was provided to us in youremail of January 15, 2010. SCOPE OF SERVICES The purpose of our Geotechnical Engineering Services will be to assess subsurface soil conditions at the project site and to provide geotechnical recommendations for design and construction. Specifically, our services will be directed to providing the pertinent information outlined in RFP 09-135 for the TEE Center project, including the following items: o Description of the site conditions o Discussion of field explorations. laboratory testing, and classifICation of soils o Descriptions of the subsurface condition soil and groundwater conditions encountered o Boring Location Plan and Test Boring Records o Site specific seismic assessment and shear wave velocity testing results o Recommendations for handling seismic loads o Recommendations for foundation support, including shallow and deep systems o Bearing capacities and estimated settlements o Recommendations for retaining/below grade walls o Recommendations for site preparation and earthwork construction o Recommendations for floor slabs.on-grade support o Recommendations for groundwater control o Recommendations for shoring and excavations o Ground resistivity measurements o Discussion of chemical activity and alkalinity of soils o Pavement design recommendations We propose to conduct the requested 4 soil test borings at the locations shown on the site plan provided to us. We propose to drill the borings to planned depths of 50 feet each. The borings will be drilled to the planned depths or to auger refusal, whichever is encountered first. A total drilled footage 200 feet is planned. Each soil test boring will include intermittent split-barrel samples and Standard Penetration Tests to evaluate soil composition and consistency. Depths to encountered groundwater or power auger refusal will be recorded in the borings after completion of the drilling process. All drilling, sampling, and testing will be conducted in general accordance with applicable ASTM methods. We assume that the requested boring locations will be accessible without clearing or grading. We assume that permission to drill on the property will be provided us. We will contact the utilities Protection Center before drilling. We will also use a private utility locate service. After completion of the fieldwork, each soil sample will be visually examined and classified In our laboratory by a geotechnical engineer based on the Unified Soil Classification System. FOIIEing laboratory testing on selected soil samples and engineering analyses, we will prepare a w' n report summarizing our findings and geotechnical recommendations. We HI conduct the Shear Wave Velocity Testing and Probabilistic Seismic Hazard Assessment as part 10' our study. PRiPOSED FEE Based on the scope of work discussed above, we propose to provide these services for the eStirted fee indicated below. I. RIELD EXPLORATION I A. Staff Engineer, drilling coordination, site reconnaissance, I B. :~~:~~:.~~~.~~~~..~~~~~:.~.~~.i~~.~..~.~~~.~~.~::~.~~.~~~~.::::::::: ::gg ,C. STP soil borings. 4 borings. estimated 200 feet at $8.00 perfoot................ $1,600.00 I D. Mileage - Staff Engineer .............................................................................. No Charge E. Private utility locate service .............................................................................. $650.00 Subtotal. ............ ....... ............ ....................... $3.010.00 OOl4leeparking 2 II. LABORATORY TESTING A. Moisture content, estimate 5 samp sat $10.00 each ...................................... $50.00 B. Atterberg Limits. estimate 1 test at $60.00 each ............................................... $60.00 C. Sieve analysis, estimate 1 test at $60.00 each ................................................. $60.00 D. Resistivity, pH, sulfate, chloride, estimate 1 set at $200.00 ............................ $200.00 Subtotal.................. ... ..................... ............... $370.00 ~ '. 2.{1 (16 . . III. ENGINEERING ANALYSIS AND REPORTING A. Staff Engineer, estimate 8 hours at $65.00 per hour....................................... $520.00 B. Principal Engineer, PE, estimate 8 hours at $105.00 per hour ....................... $840.00 C. CADD Draftsman .......................................................................................... No Charae Subtotal.......................... ............................ $1,360.00 IV. SEISMIC SERVICES A. Shear Wave Velocity Testing, lump sum ...................................................... $2,000.00 B. Probabilistic Seismic Hazard Assessment, lump sum ................................. $2.000.00 Subtotal...... ............................. .................... $4,000.00 PROPOSED TOTAL BASE GEOTECHNICAL FEE.............. $8,740.00 Our fees assume that the planned explorations will provide sufficient data for analysis and recommendations. If conditions are found which indicate the need for additional exploration, testing, or analysis, we will contact you prior to performing work in excess of the outlined services. SCHEDULE We can begin the fieldwork after receipt of your authorization to proceed. Utility clearances nonnally take about 3 business days. We estimate 2 work days in the field, weather permitting. Our written report will be available within about 7 working days following the fieldwork. PreliminalY infonnation can be provided prior to submittal of our report. AUTHORIZATION To authorize these services, please retum a signed copy of the attached Client Service Agreement. Your signature on this document will make this Proposal plus attachments the agreement between us. We look forward to working with you on this project. Please call us if you have any questions regarding this Proposal. Sincerely, A TC Associates Inc. fJAK. ~ . . . . . . ,I . . . '. . .. . . . . , ... .' .... . .~..,.. ......, . . .. . . .... : . . ..' .. .. ,.'" . -' -',' .. .' .... ". . ,':.' '.' . Alex Goharioon . . ..... ,.\ -'., .' Vice President ~ . .. . .. ". - '. ....' ~~:., \, Jt;I;~.-<.!"..;.. \ ;:' ~ .... . .:::..~~':.:...~~..~~;J~.~~...;'.:./'..:_..... ~..-" "." . .. . . . David J. McConnell, PE Principal Engineer Attachments: Client Service Agreement Copies submitted: Addressee (2,1 via email) 0014teeparking 3