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HomeMy WebLinkAboutDBA STAFFORD CONSULTING ENGINEERS , a' ..;;. AMENDMENT ONE TO LUMP SUM AGREEMENT FOR DESIGN CONSULTANT SERVICES BETWEEN Augusta, Georgia, a political subdivision of the State of Georgia Acting by and through the Augusta Richmond County Commission Hereinafter Referred to as Owner AND Robert M. Stafford, Inc., a North Carolina corporation DBA Stafford Consulting Engineers Hereinafter Referred to as Waterproofing Consultant PROJECT: Exterior Envelope Renovation Consulting Services for the Augusta Richmond County Municipal Building DATE: March 16, 2006 (Agreement) November 9, 2006 (Amendment No.1) . . WHEREAS, an AGREEMENT for Professional Services between Augusta, Georgia and Robert M. Stafford, Inc. was entered into on March 16, 2006 to perform certain design and consulting work on the Augusta Municipal Building; and WHEREAS, the Augusta Richmond County Commission has approved a design change order to expand the scope of work under said Agreement to include design and specification of replacement windows in the Municipal Buildings; and WHEREAS, the parties to said Agreement desire to amend the following Articles and Exhibits to said Agreement, to wit: Article 3 - Basic Services Article 4 . Compensation Exhibit A - Master Schedule NOW, THEREFORE, for and in consideration of the mutual promIses and covenants herein contained, the Parties agree as follows: 1. Article 3 - Basic Services, is hereby amended, restated, attached to and made a part of this AGREEMENT and designated as Article 3 - First Amendment. 2. Article 4 - Compensation, is hereby amended, restated, attached to and made a part of this AGREEMENT and designated as Article 4 - First Amendment. 3. Exhibit A - Master Schedule, is hereby amended and attached to and made a part of this AGREEMENT, and designated as Exhibit A - First Amendment. 4. All other terms and conditions of the AGREEMENT not specifically amended herein shall remain in full force and effect. This AGREEMENT, together with the Articles and Exhibits identified above, constitutes the entire agreement between the OWNER and the WATERPROOFING CONSULTANT and supersedes all prior written. or oral understandings. This AGREEMENT and said Articles and Exhibits may only be amended, supplemented, modified or canceled by a duly executed written instrument. This AGREEMENT and said Articles and Exhibits shall be hereafter referred to as the AGREEMENT. .~ IN WITNESS WHEREOF, the parties hereto have made and executed this . AGREEMENT this _ day of November, 2006. OWNER WATERPROOFING CONSULTANT Augusta, Georgia, a political Robert M. Stafford, Inc., a North Carolina Subdivision of the State of Georgia corporation DBA Stafford Consulting Acting by and through the Augusta Engineers Richmond County Commission By: lQ~ 1/ Deke S. Copenh~er Mayor AttesdJ;Jt{J $p141/f) Clerk ~. s.......~ By: Title pre~;d<p.,J+ Attest: ,4,~ /JtU.4.C"~ Witness 2 ARTICLE 3 - FIRST AMENDMENT BASIC SERVICES 3.1 SCOPE OF SERVICES Augusta Richmond County proposes to renovate the exterior envelope of the Municipal Building, located at 530 Greene Street in Augusta. The Municipal Building is a 9"story reinforced concrete structure with marble and granite cladding, constructed in the 1950's. The scope of work will include field investigations of the roof and exterior wall assemblies, analysis and preparation of a Preliminary Design Report, followed by Drawings and Specifications suitable for competitive bidding. Specific tasks included are: 1. Review of Owner's circa 1955 construction drawings. 2. Field investigation of in situ conditions, including limited destructive testing of roof areas, down to structural deck, as needed to ascertain the composition and condition of all existing roof assemblies. This will include roof membrane(s), insulation, flashings, joint covers, roof mounted equipment and other roof appurtenances. All destructive tests shall be repaired the same day. 3. Determination of existing roof slopes (both at membrane and structuralleven. 4. Determination of condition of exterior joint sealants, including verification of various types of joint widths and depths of adjoining surfaces. 5. Interview facility's maintenance personnel about any known leaks or other exterior assembly problems. 6. Analyze existing windows and provide recommendations for replacement or refurbishment. Include cost estimate for same. JJetaile!i !ie8ign ~f -;rin!i~ ;; rB~lalle:m.Bnt./refllrBish:m.ent is n~t iIlBlu.!ie!i ill the 811~Jle ~f'X~I'k ~r fee Jlr~~~sal. 7. Formulation of a Preliminary Design Report documenting findings and describing all recommended renovation work and materials, including cost estimates with separate line items for each major area of work. 8. Attend Preliminary Design Review Meeting with Owner to discuss report's findings and recommendations. 9. Production of code"compliant construction drawings and specifications consistent with scope of renovation work approved by Owner following Preliminary Design Review Meeting. 10. Submit Final Review set of Construction Drawings and Technical Specifications to Owner, along with the final cost estimate. 11. Attend Final Design Review Meeting with Owner to discuss any modifications that might be needed prior to issuance for competitive bidding. 3 12. Prepare ConstructionlBidding Documents, including removal of existing roofing, insulation, flashing and sealant materials; repair of damaged or deteriorated deck, installation of new insulation providing positive slope to drains (as defined by the International Building Code, as a minimum); installation of selected roof membrane with appropriate surfacing and flashings; design and detailing of appropriate secondary overflow system as required; repair and/or replacement of existing sealant joints in parapets and exterior walls systems, (including cladding joints and abutments of doors/windows, and juncture of dissimilar materials); extension of parapets where required to achieve flashing- heig-hts sufficient to meet code and meet roofing- manufacturer's minimums for a fullv"warrantied roof, removal and replacement of all existing- window assemblies, with the exception of the main lobbv curtainwall svstem, including- all necessarv repairs to impacted interior finishes and adiacent assemblies; and installation of other materials as necessary to provide watertight roof and wall assemblies. Primary drainage systems will be reviewed to determine if existing roof drains are properly sized. Extensive design or revisions to the existing pipe systems is not included in this scope of services. All construction documents shall be prepared in compliance with applicable building codes, including the International Building Code and ASCE 7. 13. Incorporation of Owner's standard bidding documents into the Project Manual, including Conditions of the Contract, Instructions to Bidders, Bid Form, Insurance and Bond Requirements, etc. 14. Assist Owner during project Bidding, including attendance at Pre "Bid Conference and responding to Owner's request for document clarifications or consideration of product substitutions. 15. Review bids and make recommendation as to apparent responsive, responsible, low bidder. 16. Attend Pre" Roofing/Pre-Sealing conference, including preparation of meeting minutes. 17. Provide construction observation including written reports, as needed, but in no case less than once a week during periods of active work, to achieve a professional standard of care, with regards to quality of renovation work, and fidelity to Contract Documents; with the understanding that Basic Services includes ~ tell (lQ) twelve (12) site visits. Construction observation visits exceeding tell (lQ~ twelve (12) visits, when authorized in advance by the Owner's Project Manager, will entitle the Waterproofing Consultant to Additional Services compensation, in accordance with Article 4. 18. Review all of contractor's shop drawings, product data, etc., as required by the Construction Documents. 19. When requested bv the Construction Prog-ram Manag-er, review Contractor's Applications for Payment and forward to Owner's Project Manager, with Waterproofing Consultant's written certification as to the level of completion. 20. Respond to contractor's requests for information (RFI's) as quickly as possible, but in no case less than 48 hours, except when specific permission is granted otherwise by the Owner's Project Manager. 21. Review and evaluation of contractor's change order requests, when requested bv Construction Prog-ram Manag-er. 4 22. Conduct a final inspection with punch list, when project is considered substantially complete. 23. Provide Owner's Project manager with AutoCad files of construction drawings. 24. Review and transmit contractor's required close"out documents. 25. Waterproofing Consultant's opinions of cost estimates will be based on observations, the recommendations identified in the Preliminary Report and previous experience in determining replacement costs of building systems components. The opinions of cost will be in current dollars and will not include inflation unless specifically noted otherwise. The actual costs may vary depending on the contractors used, the quality of materials used, the extent of work performed at one time, if the items are purchased individually or under master purchase contacts, and other factors. 26. Observations of windows, sealant joints, etc. will be made from grade and roof surfaces. In the event that close access to walls above grade is required to evaluate sealant joints and/or windows, when such walls are not readily accessible, it will be necessary to have a mechanical lift or similar equipment to gain access to exterior wall surfaces to conduct visual observations and related testing. Arrangements and cost for provision of such equipment and associated labor will be the responsibility of the Owner, should it be required. " 3.2 WATERPROOFING CONSULTANT'S PROFESSIONAL RESPONSIBILITY AND STANDARD OF CARE 3.2.1 By execution of this Agreement, the Waterproofing Consultant warrants that (a) it is an experienced Waterproofing firm having the skill and the legal and professional ability necessary to perform all the Services required of it under this Agreement in connection with the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with all current laws, rules and regulations which are applicable to the Project (such laws, rules and regulations including, but not limited to, all local ordinances, city, county, state and federal authorities which are applicable to the Project, and all orders and interpretations by governing public authorities of such ordinances, requirements, laws, rules and regulations in effect at the time of commencement of services on the Project), and that all drawings, specifications and other documents prepared by the Waterproofing Consultant shall be prepared in accordance with and shall accurately reflect and incorporate all such laws, rules and regulations. 3.2.2 The Waterproofing Consultant hereby represents and agrees that the drawings, specifications and other documents prepared by it pursuant to this Agreement shall be complete and functional for the purposes intended, except as to any deficiencies which are due to causes beyond the control of the Waterproofing Consultant. 5 3.2.3 The Waterproofing Consultant shall be responsible for any errors, inconsistencies or omissions in the drawings, specifications, and other documents. while the Waterproofing Consultant cannot guarantee the various documents required herein to be completely free of minor human errors and omissions, it shall be the responsibility of the Waterproofing Consultant throughout the period of performance under this Agreement to use due care with professional competence. The Waterproofing Consultant will correct at no additional cost to the Owner any and all errors and omissions in the drawings, specifications and other documents prepared by the Waterproofing Consultant. The Waterproofing Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems relating to the design or specified materials. 3.2.4 It is the responsibility of the Waterproofing Consultant to make certain that all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate approvals are obtained from Federal, State and local governments. 3.3 PROJECT CONFERENCES Throughout all phases of the Project, the Waterproofing Consultant and its consultants shall meet periodically with the Owner and Construction Program Manager when reasonably requested. Attendees shall be as jointly determined by the Owner, Construction Program Manager and Waterproofing Consultant. As a minimum, regularly scheduled meetings which the Waterproofing Consultant will attend include: 1. Project Launch Meeting 2. Preliminary Design Review Meeting 3. Final Design Review Meeting 4. Contractor Pre" Bid Meeting 5. Contractor Pre" Roofing/Pre"Sealing Meeting. 6 ARTICLE 4 - FIRST AMENDMENT COMPENSATION 4.1 BASIC SERVICES COMPENSATION 4.1.1 The Owner shall compensate the Waterproofing Consultant in accordance with the terms and conditions of this Agreement, including the following: 4.1.2 For the Basic Services of the Waterproofing Consultant, Basic Services Compensation shall be a lump sum fee of Forty'eight Thouoand Dollaro ($ 18,999.Qg) Eig-htv"Four Thousand Six Hundred Dollars ($84,600.00). 4.1.3 The Basic Services Compensation stated in Paragraph 4.1.1 includes all compensation and other payments due the Waterproofing Consultant (manpower, overhead, profit, expenses, direct costs, etc.) in the performance of the Basic Services. 4.2 PAYMENTS TO THE WATERPROOFING CONSULTANT. Payments on account of the Waterproofing Consultant shall be made as follows: 4.2.1 Payments for Basic Services shall be made on upon completion of each of the following line items: Total Amount Due Preliminary Design Report Submittal............... ......... ... ..... ..... .$11,000.00 Preliminary Design Review/Approval.................................. ...$14,000.00 Construction Documents Submittal................................. $2fi, 999.99 $45,000.00 Construction Documents Review/Approval......................$3!i,999.99 $55,000.00 Bid/Award...... ... ...... ............................................. .................. .$37, fi99. gg $58,000.00 50% Construction Completion....................................... $12,999.gg $71,000.00 Final Inspection......................................................... $1~,fiQQ.QQ $83,000.00 Prep/Review/Submittal of Closeout Documentation......... $18, QgQ. gQ $84,600.00 4.2.2 No deductions shall be made from the Waterproofing Consultant's Basic Services Compensation on account of penalty, liquidated damages, retainage or other sums withheld from payments to Contractor. 4.2.3 If the Project is suspended for more than six months or abandoned in whole or in part by the Owner, the Waterproofing Consultant shall be paid compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, and all reasonable termination expenses resulting from such suspension or abandonment. If the Project is resumed after being suspended for more than six months, the Waterproofing Consultant's Basic Services Compensation shall be equitably adjusted. 7 4.2.4 If Owner fails to make any payment due Waterproofing Consultant for services and expenses within thirty (30) days after receipt of waterproofing Consultant's bill therefore, the Waterproofing Consultant may, after giving seven (7) days written notice to the Owner, suspend services under this Agreement until he has been paid in full all amounts due him for services and expenses. '> 4.3 ADDITIONAL SERVICES COMPENSATION 4.3.1 In the event that the number of site visits during the construction phase exceeds ten (10), and visits exceeding that amount are pre"approved in writing by the Owner's Project Manager, the Waterproofing Consultant shall be entitled to Additional Services compensation in the amount of Nine Hundred Fifty Dollars ($950.00) per trip. 4.3.2 With respect to any additional services not specifically addressed herein, performed by the Waterproofing Consultant hereunder, the Waterproofing Consultant and Owner shall negotiate an equitable adjustment to the Basic Services Compensation. However, if negotiations are not successful prior to the time the additional services are needed, the Owner may elect to contract with another entity to perform the Additional Service(s); or the Owner may direct the Waterproofing Consultant to proceed with the Additional Services on a time spent basis with Additional Compensation Services to be computed as the following fixed rates: 4.3.2.1 Principal- One Hundred Sixty Dollars ($160.00) per hour. Associate' One Hundred Forty Dollars ($140.00) per hour. Senior Project Engineer One Hundred Twenty-five Dollars ($125.00) per hour Project Manager - One Hundred Dollars ($100.00) per hour Engineer Ninety Dollars ($90.00) per hour Technician - Seventy-five Dollars ($75.00) per hour Inspector - Sixty Dollars ($60.00) per hour CADD Operator- Sixty Dollars ($60.00) per hour Administrative Support - Forty-five Dollars ($45.00) per hour. 4.3.2.2 Should the Owner elect to contract with a separate entity to perform Additional Services, as described under Paragraph 4.3.1, the Waterproofing Consultant shall comply with reasonable requests from Owner, without additional compensation, with regards to coordination of work with the respective separate entity. 8 . 4.3.3 Payments for Additional Services of the Waterproofing Consultant shall be made monthly upon presentation of the Waterproofing Consultant's statement of services, fully supported by invoices, time cards, and other documentation as requested by the Owner. 4.4 ACCOUNTING RECORDS 4.4.1 Records of the Waterproofing Consultant with respect to Additional Services and payroll, consultant and other expenses (including Reimbursable Expenses) pertaining to the Project, shall be kept on generally accepted accounting principals and shall be available to the Owner or its authorized representative for inspection and copying at mutually convenient times. 4.4.2 At the request of the Owner or its authorized representative the Waterproofing Consultant will supply in a timely manner and certify as accurate, unaltered copies of all time sheets, invoices, and other documents to substantiate and document any and all Additional Services and Reimbursable Expenses. 9 .. . . . EXHIBIT A MASTER SCHEDULE - FIRST AMENDMENT .............._...............h........ .. ...... .... ......................................... ..................................-...... ..........................-...... mm.........................____.. ID Task Name Start Finish Apr Dec Consultant Notice To Proceed 6/7/06 6/21 /06 Project Launch Meeting Analysis & Prelim design 6/29/06 Prelim Report Review 8/23/06 8/30/06 Prelim Review Meeting 9/14/06 9/14/06 Finalize SD 9/14/06 10/11/06 50% Const. Document Design 1 0/13/06 11 /8/06 Approve Design Change Order 11/8/06 11/8/06 95% CD Completion 11/9/06 12/6/06 CD Review/Approval 12/7/06 12/20/06 CD Review Meeting 12/21/06 12/21/06 Final Document Design 12/21/06 1/2/07 1/3/07 1/ 1 /9/07 5/1/07 i 15 Construction 5/2/07 11/6/07 16 Closeout 11/7/07 12/4/07