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HomeMy WebLinkAboutWEBSTER DETENTION CENTER W K DICKSON LUMPSUM.SF 5/7/98 LUMP SUM AGREEMENT FOR TOPOGRAPHICAL SURVEYING 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 W.K. Dickson & Co., Inc an Engineering Firm Registered in the State of Georgia Hereinafter Referred to as Surveyor PROJECT: Topographical Surveying Services for Expansion of the Webster Detention Center Bl DATE: August 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. Dispute Resolution........................................................................................................................ ............ 3 Attachment A Basic Services........................................................................................................................... . Al Attachment B Schedule of Payments ....................................................... ...... ........................... ... .................... B 1 LUMPSUM,SF 5/7/98 LUMP SUM AGREEMENT August 7,2006 Owner and WK Dickson, & Co, Inc. mutually agree as follows: 1. BASIC SERVICES. Surveyor shall provide to the Owner, for the Topographical Surveying Services for the Webster Detention Center Expansion, 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 Surveyor 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 Surveyor for all matters, except as designated otherwise, in writing, by the Owner or CPM. 3. COMPENSATION. For the Basic Services under this Agreement, Surveyor shall be paid as total basic compensation the Lump Sum of twenty thousand dollars ($20,000.00), 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 Surveyor's invoices to the Owner, but not later than thirty days after such presentation. No deductions shall be made from Surveyor 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 Surveyor for services rendered or Reimbursable Expenses is not paid within sixty days from receipt of the invoice, Surveyor 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 Surveyor shall not be deemed a breach of this Agreement in whole or in part. The decision by Surveyor 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. Surveyor shall perform Additional Services upon mutual, written consent of the Owner and Surveyor and upon written authorization to proceed from the Owner. 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 LUMPSUM,SF 6/21/04 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 Surveyor, 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 Surveyor and the Owner. 6. MUTUAL INDEMNITY. Surveyor 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 Surveyor in connection with the performance of its services under this Agreement. The Owner agrees to indemnify, hold harmless, and defend Surveyor 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. Surveyor 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. Surveyor 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 Surveyor 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, Surveyor 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 Surveyor's possession or controL However, Surveyor shall be allowed to make copies of such documents, records, information and materiaL 8. STANDARD OF CARE. Surveyor covenants with the Owner to furnish its professional skill and judgment with due care in accordance with the generally accepted standards of topographical surveying 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, Surveyor neither makes, nor offers, nor shall Surveyor be liable to the Owner for, any express or implied warranties with respect to the performance of Surveyor's Services. Surveyor shall not be regarded as a guarantor with respect to any work product provided hereunder. 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 Surveyor may assign in its normal course of business. LUMPSUM.SF 6/21104 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 Surveyor for all amounts not previously billed and due to Surveyor as of the effective date of termination, and all reasonable termination expenses. 12. INFORMATION OR PRODUCT USAGE. Surveyor 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 Surveyor under this Agreement is not within the control of Surveyor. Surveyor 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 Surveyor's intent. 13. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the Owner and Surveyor 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 Surveyor 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 SURVEYOR Augusta, Georgia, a political WK DICKSON & CO., Inc. Subdivision of the State of Georgia an Engineering Firm Acting by and through the Licensed in the State of Georgia Richmond County Commission ~~BY: (!J~:1. r;z---- J; neke S. Copenhaver By: William G. Wingate, III Vice President S~G LUMPSUM,SF 6/21/04 ATTACHMENT A BASIC SERVICES The Work consists of professional land surveying, including boundary, topographic and utility features, of the County's existing detention center located on approximately 50 acres off of Phinizy Road in South Augusta. This survey will be in support of the upcoming expansion of Augusta Richmond County's Webster Detention Center. Basic Services to be executed under this Agreement include the following survey drawings: 1. Largest to. scale drawing capable of fitting a 30" x 42" sheet, indicating: a. Boundary lines, with lengths and bearings on each straight line, interior angles; radius, point of tangency and length of curved lines. Where no monument exists, set permanent iron pin or other suitable permanent monument at property corners, driven into the ground sufficiently to prevent a tripping hazard. State on drawing if the pins were found or set. b. North arrow c. Legend of symbols and abbreviations. d. Topographic lines at 2' intervals e. Adjacent property owners f. Name and width of adjoining streets g. Area of each plat in square feet or acreage. h. Statement of elevation datum, using National Vertical Geodetic Datum (NVGD). Give location of benchmark used. 1. Name of each utilities operating authority. J. Signed seal of Georgia licensed land surveyor, with surveyor's certification that to the best of surveyor's knowledge, information and belief all information thereon is true and accurately shown k. Location of utility structures, both above and below grade. L Location, size, depth and pressure of water and gas mains and other utilities, including buried tanks and septic fields. m. Location of fire hydrants available to the property and the size of the main serving each. n. Location, size, depth and direction of flow of sanitary sewers, combination sewers, storm drains and culverts serving, or on, the property; location of catchbasins and manholes, and inverts of pipe at each. o. Mean elevation of water in any excavation, well or nearby body of water. p. Flood plains or flood zones located on subject properties. q. Encroachments. r. Recorded or otherwise known easements and rights.of.way, stating the owner of each. s. Possible prescriptive rights.of.way. t. Individual lot lines and lot block numbers, with street numbers of buildings if available. u. Building line and setback requirements along all streets. 2. Detailed 30" x 42" drawing at 1"=40' with existing building centered on drawing and located orthographically (north arrow pointing left on sheet), indicating the following: a. North arrow. b. Legend of symbols and abbreviations. c. Spot elevations to nearest hundredth of a foot for paved or structural surfaces. d. Elevation contour lines at one foot intervals covering the area shown. e. Spot elevations at street intersections and at 50' centers along street-side curbs, sidewalks and edge of paving. LUMPSUM,SF 5/7/98 Al f. Signed seal of Georgia licensed land surveyor, with surveyor's certification that to the best of surveyor's knowledge, information and belief all information thereon is true and accurately shown. g. Location of structures on properties, including dimensioned perimeters to the nearest one inch. State the number of stories and construction type. Include ancillary elements such as cornices, roof overhangs, patio, decks, fences or walls, for structures to remain. h. Spot elevations at entries of structures. 1. Location of utility structures, both above and below grade. J. Location, size, depth and pressure of water and gas mains and other utilities, including buried tanks and septic fields. k. Location of fire hydrants available to the property and the size of the main serving each. L Location and characteristics of power and telecomm systems above and below grade. m. Location, size, depth and direction of flow of sanitary sewers, combination sewers, storm drains and culverts serving, or on, the property; location of catchbasins and manholes, and inverts of pipe at each.. n. Trees over 3"inch caliper, noting species. LUMPSUM,SF 5/7/98 A2 ATTACHMENT C PROJECT SCHEDULE IDTask Name 1 ! Notice toProceecf 2 ! FieldSurveyin"g ~~~,~'vv~., _'~m . ",.w', . 3 Develop Prelim Survey 4 ! 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