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HomeMy WebLinkAboutQORE ARC CENTRAL LIBRARY LUMPSUM.SF 5/7/98 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 QORE,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 Central Library . ^ DATE: June 7, 2006 TABLE OF CONTENTS Page 1. Basic Services............ ... ........ ...... .......... .............. ............... ....... ....... .................... ....... ............. ............ ......1 2. Owner's Responsibilities.... ............................... ........... ........ ....... ................ ....... .... .... ...... ........ ....... ...... ....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. Disp u te Resolution....................................................................................:................................ ...............3 Attachment A Basic Services .......... ........ ..... ........... ...................... ..... ... ......... ................................... ......... ....... Al Attachment B Schedule of Payments ............................................................................................................... B 1 LUMPSUM.SF 5/7/98 LUMP SUM AGREEMENT June 7, 2006 Owner and QORE, 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 Central Library, the certain services as described in Attachment A, Basic Services, for the Project, attached hereto arid 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 twenty-two thousand three hundred . ($22,300.00), 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 6/21/04 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, if the 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 of time 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 6/21/04 , . 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 of the. 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 6/21/04 , . This Agreement executed the day and year first written above. OWNER Augusta, Georgia, a political Subdivision of the State of Georgia Acting by and through the Richmond County Commission . 0 . By. C J~x/ 0- Deke S. Copenhaver Mayor ~4!~ of c~~ LUMPSUM.SF 6/21/04 GEOTECHNICAL CONSULTANT QORE, Inc., an Engineering Firm Licensed in the State of Georgia By: Title &~b ~oLI N \/, D,+i/f> s t=,AJlo;2. V I~ ~ F>~Ss: rj) ,:,AJ.,- ATTACHMENT A BASIC SERVICES The Work consists of geotechnical exploration, analysis and recommendations, relative to the new Central Library planned for downtown Augusta. The new library will be located near the corner of 9th and Telfair, where now exists an abandoned candy factory that is scheduled for demolition. The Work will be divided into three phases: pre-demolition, demolition and post-demolition. Basic Services to be executed under this Agreement include the following: Phase 1 Pre- Demolition 1. Core through existing pavement and slabs at boring locations as required. 2. Perform two cone penetration test (CPT) soundings with seismic shear wave velocity measurements to a depth of approximately 50 feet. 3. Perform five soil test borings to refusal (estimated depth 40 to 50 feet each) and core rock an additional 10 feet in two selected borings. Borings will be performed in areas currently accessible. 4. Perform standard penetration tests in the soil borings at 2.5 to 5.0 feet depth intervals, measure groundwater depths and retain soil samples. 5. Upon completion of the borings and groundwater measurements, backfill the boreholes with cuttings and additional clean sand if necessary. 6. Remove excess drill cuttings and drilling fluid from site and dispose of properly. 7. Classify soil and rock samples in laboratory, including Atterberg limits, grain size analysis and CBR. 8. Evaluate and recommend feasible foundation approaches. 9. Prepare and submit four copies of a draft geotechnical report to include: a. Soil nature and origin including changes resulting from previous activities. b. Typical depth, thickness and composition of soils strata which will be appreciably stressed by the intended buildings. c. Description of rock, recovery and quality. d. Typical depth to groundwater possibly encountered during excavation and construction. e. Recommendations for the low rise section including foundation type, associated loads or . allowable bearing pressure, and expected settlement. f. Preliminary recommendations for a mid-rise section to include foundation type, associated loads or allowable bearing pressure, and expected settlement. g. Seismic site classification in accordance with IBC 2000, site-specific seismic response spectra, and recommendations of techniques to improve the seismic site classification. h. Recommendations for soil-related construction conditions such as site preparation, use of existing site soils, fill construction, earth material selection, and excavation slopes. 1. Recommendations for the control of groundwater, if required. J. Floor slab design and construction recommendations, including the need for vapor barrier, underdrain, etc. k. Site location map, boring location plan and field and laboratory test data. Phase 2 Demolition 10. Observe demolition, noting approximate location, size and type of residual subsurface structures, as related to the "as"built" plans provided by the Owner. LUMPSUM,SF 5/7/98 Al . .' Phase 3 Post- Demolition 11. After demolition of structures, perform three soil test borings or cone soundings (CPT) to refusal (three locations with an estimated depth of 40 to 50 feet) within areas previously inaccessible. 12. Perform standard penetration tests in the Phase 3 soil borings at 2.5 to 5.0 feet depth intervals, measure groundwater depths and retain soil samples. 13. Upon completion of the Phase 3 borings and groundwater measurements, backfill the boreholes with cuttings and additional clean sand if necessary. 14. Classify Phase 3 soil and rock samples in laboratory, by Geotechnical Engineer and lab testing. 15. Perform ground resistivity using the Wenner Four-Electrode Method (ASTM G57). / 16. Prepare and submit six copies (one original and 5 bound) of the final geotechnical report signed by a professional engineer registered in the State of Georgia, to include the following: a. Soil nature and origin including changes resulting from previous activities and/or Phase 2 exploration. b. Information on existing foundations observed in the field during Phase 2 Work. c. Reconciliation of comments on the draft geotechnical report. d. Final recommendations for foundation design, allowable bearing pressures, expected settlements, fill materials and compaction, groundwater location, seismic classification, known locations of rock, excavation slopes, slab on grade design, etc. e. Site location map, boring locations plan and field and laboratory test data. LUMPSUM.SF 5/7/98 A2 ... r_~ ATTACHMENT B SCHEDULE OF PAYMENTS 1. 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 4 5 Phase I Borings Phase I, Draft Report Phase II Site Obs & Compaction Phase III Borings Final Report $3500.00 $6000.00 $6000.00 $2500.00 $5300.00 TOTAL BASIC COMPENSATION $22,300.00 LUMPSUM,SF 5/7/98 BI . , ................................................,..........-... ID Task Name 1_._"_ __._.._._.._..__.._..~_,_..____.._.__..______~_i Demolish Candy Factory sions i1ization for Phase I Exploration ._~,=~_~____,~~_.,_._w~_~~'^~".~'Mw~.m,'~=w___.~.~~,= Phase I Exploration Lab Testing _u~u~~.~~._'.___.-.-..~.,~_~~ m'_W<.''U~u~,=~~'~'m'm'u~,'~.,'~= I 9 Preliminary Geotech report r-1"O-Building Foundations Demolition Observal . y"._.~~'''c',,'''y''''m~ ~".. ~".. 'm"~m.~'" ".' ..,.w....,_..~...w._.~m~"'v : 11 Mobilization for Phase II PH II Exploration m.._""m=".""'~,,~...~~~,w~,~ ",~mmm.~wm~v=~~"mm..m." Ph II Lab Testing "'<< " ... . ~"__"'~,UH"_"" ....."...............""....-......,..<.. Submit Final Geotech Report LUMPSUM.SF 5/7/98 ATTACHMENT C PROJECT SCHEDULE Startmr..........mFinish.m.. .:.:.:::::._---_.__.... ..__.,__.____1._____.____ ,_.~r.. _~. 9/5/06 11/27/06 4/21 /06 ,~__, .~,_v'_~~_~Nm~M~~m'_c'~~'m= 5/5/06 'UNm~~~~"=~_'= 6/14/06 6/21/06 6/23/06 6/29/06 7/11/06 9/18/06 11/21/06 11/23/06 .~"mnm~_'m.~'m' 11/27/06 12/14/06 ~:',._pm"pJ.1ii"1 ~~~~~~~\t~~<~lliffi B2 I ~ I I -1 I !