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HomeMy WebLinkAboutW K DICKSON CO TEE CENTER DESIGN SURVEY BID ITEM 09-134 .. ~ CONTRACT FOR SERVICES -? ,> ~ This CONTRACT for Augusta TEE Center Design Survey Bid Item #09-134 (WKD No. M2000.SY.AG) by and between Augusta, Georgia, hereinafter called the OWNER, and W.K. Dickson & Co., Inc., hereinafter called the CONSULTANT; The parties hereto do mutually agree as follows: 1. Employment of CONSU L T ANT. The OWNER hereby engages the CONSU L T ANT and the CONSULTANT hereby agrees to perform the professional services hereinafter set forth. 2. Scope of Services. The CONSULTANT shall perform, in a professional manner, the services set forth in Attachment A, Scope of Services, which attachment is incorporated herein. 3. Additional Services. The CONSULTANT shall provide additional services, not specifically called for in Attachment A, Scope of Services, upon written authorization of the OWNER. 4. Time of Performance. The CONSULTANT will commence work on or as soon as practicable after the date of execution of this Contract and receipt of written Notice to Proceed. All work as set forth in the Scope of Services shall be completed within five (5) weeks, assuming: (i) the timely submission of all required data and the scheduling of all meetings and reviews by the OWNER; (ii) no other impacts or delays caused by third parties, including the contractor(s) or its subcontractors; or (iii) other delays beyond CONSU L T ANT's control. If the OWNER requests in writing, modifications to the Scope of Services of the Project, or if CONSU L T ANT's services extend past the completion date above, through no fault of the CONSU L T ANT, the CONSU L T ANT's compensation shall be paid as an additional service as set forth in Attachment B, Basis of Compensation, and CONSULTANT's time of performance shall be extended appropriately. CONSU L T ANT's services under this Contract, and each phase of services, if the Scope of Services is so divided, shall be considered complete at the earlier of (1) the date when the submissions for that phase have been approved by the OWNER or (2) thirty days after the date when such submissions are delivered to the OWNER. This does not however, terminate CONSULTANT's responsibility to OWNER to correct any errors or omissions subsequently discovered, nor does it in any way diminish the CONSULTANT's responsibilities described by Article 15. 5. Compensation. The CONSU L T ANT agrees to perform the services provided for in the Scope of Services, and the OWNER agrees to compensate the CONSU L T ANT for such services as set forth in Attachment B, Basis of Compensation, which attachment is incorporated herein. Compensation for additional services shall also be as set forth in Attachment B, Basis of Compensation. Payment by the OWNER to the CONSULTANT shall be due and payable on the 25th day of the month following the date of the invoice. Payments not received by the CONSU L T ANT by said 30th day of the month following the date of the invoice shall be overdue. CONSU L T ANT shall not be bound by any provision wherein CONSULTANT waives any rights to a mechanic's lien, or any provision implying payment to CONSULTANT is contingent upon payment to OWNER by a third party. A failure by OWNER to pay CONSULTANT on a timely basis shall entitle CONSULTANT at its election, to stop work on the Project until such time as payment has been made, or upon seven days' notice and OWNER's failure to pay all amounts then due, to terminate this contract. Such suspension or termination shall be deemed for cause. " 6. Personnel. The CONSULTANT represents that he has, or will secure at his own expense, all personnel required to perform the services under this Contract and that such personnel will be fully qualified to perform such services. 7. Subsurface Investigations. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test locations and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost and/or execution. These unforeseen conditions are not the responsibility of the CONSULTANT, and CONSULTANT does not make any opinions or representations regarding, or assume any liability for, conditions outside the actual locations or areas tested, observed or explored. 8. Responsibilities of the OWNER. It is agreed that the OWNER will have the following responsibilities under this Contract: a. The timely provision of all available information, data, reports, records, and maps to which the OWNER has reasonable access and which are needed by the CONSULTANT for the performance of the services provided for herein. b. Providing assistance and cooperation for the CONSU L T ANT in obtaining any other needed material which the OWNER does not have in its possession. c. Making available the services of the OWNER as may be necessary to obtain information as needed to perform the work program set forth in the Scope of Services. d. The designation of a single representative who will be authorized to make necessary decisions required on behalf of the OWNER and will serve to provide the necessary direction and coordination for the project. e. Bear all costs for permitting, reviewing, recording and advertising for the project. f. Provide access to all affected private property for CONSU L T ANT to perform all necessary surveying, engineering and inspections. All such OWNER responsibilities shall be conducted in a timely manner and without undue delay so as not to delay the CONSULTANT in the performance of his services. 9. Use of Electronic Media. Copies of documents that may be relied upon by OWNER include the printed copies (also known as hard copies) that are signed or sealed by CONSULTANT. Files in electronic formats, or other types of information furnished by CONSULTANT to OWNER such as text, data or graphics, are only for convenience of OWNER and OWNER's agents. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic formats, CONSULTANT makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by CONSU L T ANT at the beginning of this project. CONSULTANT agrees to provide AutoCad file(s), version R2004 or R2007, to the OWNER. 10. Changes. The OWNER or the CONSULTANT may, from time to time, request modifications or changes in the Scope of Services. Such changes, including any increase or decrease in the amount of the CONSU L T ANT's compensation or time of performance, which are mutually agreed upon by and between the OWNER and the CONSULTANT, shall be incorporated in written amendments, or, as 2 ~ appropriate, and if not otherwise documented by amendment, compensated as additional services as set forth in Attachment B. 11. Termination of Contract. This Contract may be terminated by either the OWNER or the CONSULTANT, with or without cause, upon 7 calendar days written notice. In the event of a termination by OWNER for cause or by CONSULTANT without cause, copies of all finished or unfinished plans, specifications and reports prepared by the CONSU L T ANT shall, at the option of the OWNER, be made available, provided CONSULTANT is paid in full for all services provided and expenses incurred through the date of termination and otherwise as provided for in paragraph 11. If termination is by CONSULTANT for cause, the license granted OWNER pursuant to paragraph 11 shall terminate, and no rights for continued use or copies of documents shall inure to OWNER, but the CONSULTANT shall be entitled to receive compensation for work accomplished including reimbursable expenses incurred prior to termination. 12. Assignability. This Contract shall not be assigned or transferred by either the CONSULTANT or the OWNER without the prior written consent of the other. Notwithstanding the foregoing, however, the CONSULTANT shall not be prohibited from contracting with qualified sub-consultants or from assigning to a bank, trust company, or other financial institution any claims for compensation due, or to become due, without such prior written consent. 13. Insurance. CONSULTANT shall provide and maintain at a minimum the following coverage and limits during the life of the contract: a. Statutory Workers Compensation Insurance, a minimum of $500,000 or greater amount if required by the state(s) in which the work is to be performed. b. Commercial General Liability Insurance, including coverage for premises and operations, products and completed operations, independent contractors, and contractual liability. Such insurance shall be not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. c. Automobile Liability Insurance for all owned, hired and non-owned automobiles in the minimum amount of $1,000,000 per occurrence. d. Professional Liability Insurance of $1,000,000 per claim. 14. Indemnification. CONSULTANT and OWNER each agree to indemnify and hold the other harmless, and their respective officers, employees, agents and representatives, from and against liability for all claims, losses, damages and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, or expenses are caused or alleged to have been caused by the indemnifying party's negligent acts, errors or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of CONSU L T ANT and OWNER, they shall be borne by each party in proportion to its negligence. 15. Liability and Standard of Care. CONSULTANT shall perform services for OWNER using that degree of care and skill ordinarily exercised by consultants practicing in the same or similar locale as the project, on projects of a similar scope and nature. CONSULTANT's liability to OWNER for any damages arising in any way out of performance or breach of this contract or breach of CONSU L T ANT's standard of care, is limited to the net proceeds recoverable under CONSULTANT's Professional Liability Insurance policy identified in paragraph 16d, "net proceeds recoverable" being defined as the proceeds payable under the policy after deductions for expenses, attorney's fees or other claims paid under such policy. In no event shall either OWNER or CONSULTANT be entitled to consequential damages. 3 OWNER acknowledges that the CONSU L T ANT is a Corporation and agrees that any claim made by the OWNER arising out of any act or omission of any director, officer or employee of the CONSULTANT in the execution or performance of this agreement shall be made against the CONSULTANT and not against such director, officer, or employee and OWNER waives any claim against all of CONSU L T ANT's directors, shareholders, officers and employees. 16. Dispute Resolution. If a dispute greater than $10,000 arises out of or relates to this contract, or the breach thereof, and if this dispute cannot be settled through negotiation, the parties agree first, prior to litigation or any other form of dispute resolution, to try in good faith to settle the dispute by mediation. The parties shall first attempt to select a mutually acceptable mediator, and if the parties agree upon a mediator, the mediation shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. If the parties cannot agree upon a mediator, the selection of a mediator and the mediation process shall be conducted by the American Arbitration Association under its then current Construction Industry Arbitration Rules and Mediation Procedures. The venue for the mediation shall be in Augusta, Georgia, unless the parties otherwise agree. 17. Miscellaneous Provisions. The following miscellaneous provisions shall apply: a. This Agreement shall be binding upon the successors and assigns of the parties. b. Interpretation and enforcement of this Agreement shall be pursuant to the law of the State of Georgia. Venue for any litigation under or related to this Agreement shall be in the courts of Superior Court of Richmond County, GA. c. This Agreement constitutes the entire contract between the parties, and it shall be modified or amended only in a writing signed by both parties. IN WITNESS WHEREOF, the CONSULTANT and the OWNER have executed this Contract as of the date written below. OWNER: CONSULTANT: City of!?rst~ Georgia By: UG'J.>4, r--- Title: j.A y:t-( O,,~ By: Title: Title: Date: Date: 12/16/09 Witness ' Title: Administrative Assistant -- 4 ATTACHMENT A Scope of Services WK Dickson understands that the work under this contract includes topographic and boundary surveying, and utility mapping for the proposed new Augusta Trade, Exhibit, and Events (TEE) Center. The topographic and boundary surveying, and utility mapping are for the following properties: 1) 037-3-044-00-0 (a vacant parcel located at 929 Reynolds Street). 2) 037-3-046-00-0 (a parcel with a one-story commercial structure located at 921 Reynolds Street). 3) 037-3-047-00-0 (a parcel with a one-story commercial structure located at 917 Reynolds Street). 4) 037-3-048-00-0 (a parcel with a two-story commercial masonry structure located at 901 Reynolds Street) . 5) 037-3-186-00-0 (a parcel with a two-story structure located at 3C James Brown Boulevard. 6) 037-3-191-00-0 (a parcel with a parking lot and motel located at 2 10th Street. 7) 037-3-192-01-0 (a parcel with a portion of a parking garage located at 3 James Brown Boulevard). 8) 037-3-192-02-0 (a parcel with a portion of a parking garage structure located at 925 Reynolds Street). 9) 037-3-192-03-0 (a parcel used as a parking lot located at 943 Reynolds Street). 10) 037-3-196-01-0 (a parcel with structures located at 3 James Brown Boulevard. DELlVERABlES Proposal survey drawings shall include two drawings and one CADD file, produced in AutoCad 2004 or a later version and provided to the OWNER's Project Manager. Our project schedule is based on completion and delivery of project to the owner within five weeks from receipt of title report and official notice to proceed. SCOPE OF WORK Final project deliverables will include the following: 1) Largest to-scale drawing capable of fitting a 30" x 42" sheet. 2) North Arrow. 3) Legend of symbols and abbreviations. 4) Spot elevations to nearest hundredth of a foot for paved or structural surfaces and to the nearest 1" for unpaved surfaces. 5) Elevation contour lines at one foot intervals covering the property and extending to street curbs. 6) Spot elevations at street intersections and at 50' centers along street-side curbs, sidewalks and edge of paving, including opposite side of street. 7) Statement of elevation datum, using National Vertical Geodetic Datam (NVGD) with location of benchmark used. A-l 8) 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. 9) 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. 10) Area of each plat in square feet or acreage. 11) Name and width of adjoining streets, with type of pavement identified. 12) Location of structures on properties, including dimensioned perimeters to the nearest one inch which includes the number of stories and construction type. Included will be ancillary elements such as cornices, roof overhangs, patio, decks, fences or walls, for structures to remain. 13) Spot elevations at entries of structures. 14) Location of utility structures, both above and below grade. Subsurface mapping shall be executed in accordance with a SUE Quality Level B. Newman Underground, Inc. will perform the underground utility locate services for this project. 15) Location of water, gas mains and other utilities; including buried tanks and septic fields. Size, depth and pressure information will be obtained from existing documents. 16) Location of fire hydrants available to the property and the size of the main serving each. 17) Location and characteristics of power and telecomm systems above and below grade. 18) Location, size, depth and direction of flow and sanitary sewers, combination sewers, storm drains and culverts serving, or on the property; location of catchbasins and manholes, and pipe inverts of each. 19) Name of each utilities operating authority. 20) Mean elevation of water in any excavation, well or nearby body of water. 21) Flood plains or flood zones located on subject properties. 22) Encroachments. 23) Trees over 3-inch caliper, noting specifics. 24) Recorded or otherwise known easements and rights-of-way, stating the Owner of each. 25) Possible prescriptive rights-of-way. 26) Individual lot lines and lot block numbers, with street numbers of buildings, if available. 27) Building line and setback requirements along all streets. 28) Names of owners of adjacent properties. We would request a title package be prepared by the City and provided to us for surveys. WK Dickson will also conduct a research of records on file in the County office for property as well as adjoining properties. Plats, easements and deeds of record will be copied and used during the boundary survey. Boundary surveys will be conducted of the parcels, all corners located or established set in the field, and a plat of survey prepared in accordance with the Georgia Plat Act as set forth by the Georgia Board of Professional Engineering and Land Surveying. A-2 ATTACHMENT B BASIS OF COMPENSATION 1. Basic Services. The OWNER shall pay the CONSULTANT for services set forth in Attachment A, Scope of Services, a Lump Sum Fee of Fourteen Thousand Dollars ($14,000.00). A percentage of the Lump Sum Fee will be billed on the last day of each month. The percentage billed will be the percentage of work estimated to be completed as of the day of billing. 2. Additional Services. The OWNER shall pay the CONSU L T ANT for additional services, which are not specifically called for in Attachment A, Scope of Services, in accordance with the CONSU L T ANT's standard rates. Project Manager GIS Technician Field Survey Party GPS Crew Licensed Land Surveyor Administrative Assistant $ 140.00/hr. $ 80.00/hr. $ 11 O.OO/hr. $ 1 70.00/hr. $ 140.00/hr. $ 50.00/hr. 3. Premium Rate Adjustment. Should OWNER request an accelerated schedule requiring CONSULTANT to work overtime hours, then a 1.25 premium rate adjustment shall be applied to current hourly rates or lump sum fees as appropriate. Accelerated schedule and premium rate adjustment shall be approved as part of compensation at time of contract execution or by written amendment. B-1