HomeMy WebLinkAboutAMENDMENT NO 1 KSGW WEBSTER DETENTION CENTER
AND
AMENDMENT NO.1
to
LUMP SUM AGREEMENT FOR
DESIGN CONSULTANT 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
KSGW Architects
Hereinafter Referred to as Design Consultant
PROJECT: Expansion ofthe Webster Detention Center.
ORIGINAL CONTRACT DATE: November 2, 2006
DATE OF AMENDMENT: July 10, 2007
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Exhibit A
Exhibit B
Exhibit C
Exhibit D
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AGREEMENT FOR DESIGN CONSULTANT SERVICES
TABLE OF CONTENTS
Pae:e
Definitions.......................................................................................................... 3
Relationship of the Parties................................................................................. 4
Basic Services..................................................................................................... 4
Compensation..................................................................................................... 6
Period of Services ...... .............. ..... ...... ... ... ..... ......... .... ...... ......................... ......... 6
Owner's Responsibilities.................................................................................... 6
Additional Services............................................................................................. 6
Notices................................................................................................................ 6
Insurance............................................................................................................ 6
Indemnification.................................................................................................. 6
Termination of Agreement. .......... ....... ........ ..... ...... ...... ...... ........... ........... ..........6
Dispute Resolution............................................................................................. 6
Successors/Assignment/Third Parties............................................................... 6
Ownership of Documents/
Confidential Information................................................................................... 6
Additional Provisions......................................................................................... 6
Design, Construction and Equipment Budget................................................ A 7
Master Schedule.. ....... ............. ..... ............ ........ ........ ... .... ....... ......................... B 1
Scope of Services ............................................................................................. C 1
Additional Services... ................. ... .......... ................ ......... ....... .......... ............ ... D 1
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Al
AMENDMENT NO.1 TO AGREEMENT FOR
DESIGN CONSULTANT SERVICES
WHEREAS an AGREEMENT for professional services was made, dated 2nd day
of November, 2006, BETWEEN the Owner: Aue:usta. Geore:ia. a political subdivision of the
State of Geore:ia. actine: by and throue:h the Richmond County Commission; and the Design
Consultant: KSGW Architects. LLC, for Professional Services known as: Architectural
Desie:n Services for Expansion of the Webster Detention Center. Aue:usta Richmond
County. Geore:ia; and
WHEREAS the parties to this AGREEMENT further agree that said
AGREEMENT should be modified to reflect the mutual desires of the Owner and Design
Consultant to facilitate an increase in the scope of the project, utilizing additive alternate
bidding documents, as described herein; and
WHEREAS, the parties to said AGREEMENT desire to amend the following
documents incorporated into the Agreement, to wit:
ARTICLE 3 - BASIC SERVICES
ARTICLE 4 - COMPENSATION
EXHIBIT A - DESIGN AND CONSTRUCTION BUDGET
EXHIBIT B - MASTER SCHEDULE & CRITICAL DATE SCHEDULE
EXHIBIT C - SCOPE OF SERVICES;
Now, THEREFORE, for and in consideration of the mutual promIses and
covenants herein contained, the Parties hereto agree as follows:
1. ARTICLE 3 - BASIC SERVICES, is hereby amended and attached to and
made a part of this AGREEMENT and designated as ARTICLE 3 - BASIC
SERVICES - AMENDMENT 1.
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2. ARTICLE 4 - COMPENSATION, is hereby amended and attached to and
made a part of this AGREEMENT and designated as ARTICLE 4 -
COMPENSATION' AMENDMENT 1.
3. EXHIBIT A - DESIGN AND CONSTRUCTION BUDGET, is hereby amended
and attached to and made a part of this AGREEMENT and designated as
EXHIBIT A - DESIGN AND CONSTRUCTION BUDGET - AMENDMENT 1.
4. EXHIBIT B - MASTER SCHEDULE & CRITICAL DATE SCHEDULE, IS
hereby amended and attached to and made a part of this AGREEMENT and
designated as EXHIBIT B - MASTER SCHEDULE & CRITICAL DATE
SCHEDULE - AMENDMENT 1.
5. EXHIBIT C - SCOPE OF SERVICES, is hereby amended and attached to and
made a part of this AGREEMENT and designated as EXHIBIT C - SCOPE OF
SERVICES - AMENDMENT 1.
6. All other terms and conditions of the AGREEMENT not specifically amended
herein shall remain in full force and effect.
This amended AGREEMENT, together with referenced Exhibits A, B, C and D,
constitutes the entire agreement between the Owner and Design Consultant and
supersedes all prior written or oral understandings. This AGREEMENT and said Exhibits
may only be amended, supplemented, modified or canceled by a duly executed written
instrument. This AGREEMENT and said Exhibits shall hereafter be referred to as the
AGREEMENT.
By:
In WTINESS WHEREOF, the parties hereto have made and executed this
AGREEMENT as of the date noted.
OWNER
DESIGN CONSULTANT
Augusta, Georgia, a political
Subdivision of the State of Georgia
Acting by and through the
Augusta Richmond County Commission
KSGW Architects, LLC
Mayor
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Principal
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ARTICLES 1-2
No changes.
ARTICLE 3
BASIC SERVICES
3.1 SCOPE OF SERVICES.
No changes.
3.2 DESIGN CONSULTANT'S PROFESSIONAL RESPONSIBILITY AND
STANDARD OF CARE.
No changes.
3.3 PROJECT REQUIREMENTS.
3.3.1 Attached hereto and made a part of this Agreement as Exhibit "A" is the Desie:n
and Construction Bude:et- Amendment 1, a component of which is the. Project
Construction Budget. The Project Construction Budget shall be defined as the
total cost of constructing the Project, as illustrated in Exhibit "A" hereto.
Components of the Project Construction Budget are the Base Bid Construction
Contract Award Price, hereinafter referred to as the Base Bid CCAP. and the
Base Bid Plus Alternate Contract Award Price. hereinafter refereed to as the
Base Bid Plus Alternate CCAP. The Base Bid CCAP and/or the Base Bid Plus
Alternate CCAP for this Project, or designated portion thereof, may be modified
in writing only in the form of a Design Phase Change Order, executed by the
Owner, Construction Program Manager, and Design Consultant. The Design
Consultant shall prepare drawings, specifications and other documents
necessary, includine: Additive Alternates. so that the construction contract bid
from a responsive, responsible bidding contractor, acceptable to the Owner and
the Construction Program Manager, shall be within the Base Bid CCAP. The
Desie:n Consultant's Additive Alternate Bid Documents. consistine: of drawine:s.
specifications and other documents necessary to enable the Owner to receive
Alternate Bids for additional work over and bevond the Base Bid scope of work.
shall be prepared such that the Base Bid plus Alternate contract bid from a
responsive. responsible biddine: contractor. acceptable to the Owner and the
Construction Proe:ram Manager. shall be within the Base Bid Plus Alternate
CCAP.
3.3.1.1 During all phases of the Project the Design Consultant shall prepare such
estimates as it deems necessary, at no additional cost to the Owner, to assure
itself that the estimated Project costs are within the Base Bid CCAP and the Base
Bid Plus Alternate CCAP. and shall supply copies of such data, information or
estimates as the Owner may require to substantiate the Design Consultant's
contention that the Project costs are within the Base Bid CCAP and the Base Bid
Plus Alternate CCAP.
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AS
3.3.1.2 With each Design Phase submittal and each interim, reVISIOn or subsequent
design submittal of the Design Consultant to the Owner, the Design Consultant
shall make the following statement in writing: "The drawings, specifications, and
other documents submitted herewith, in my/our professional opinion, fulfill the
Building Program requirements and the work indicated by them may be
purchased by the Owner in a construction contract or contracts, the total price of
which (Base Bid CCAP) will not exceed $26.600.000.00. and Base Bid Plus
Alternate CCAP will not exceed $32.450.000.; (based on bid date of no later than
March 15. 2008) and may be constructed completely within said contract price
and the in"progress contingency fund of 4% of said price. Further, in my/our
professional opinion, the above"mentioned documents submitted herewith have
been prepared in accordance with the Design Consultant Services Agreement."
3.3.2 The Building Program, which defines the physical and environmental parameters
for the Project and establishes the design objectives and criteria, has been
developed by the Design Consultant and approved by the Owner. After approval,
no deviations from the Program shall be allowed without written approval for
change, in the form of a Design Phase Change Order or Contract Amendment
executed by the Owner and Design Consultant.
3.3.3 Incorporated herein and made a part of this Amended Agreement by reference as
Exhibit "B" is the Project Master Schedule' Amendment 1, which defines the
sequence and timing of the design and construction activities. Also included in
Exhibit "B" is the Critical Date Schedule, indicating critical dates to be adhered
to by the Design Consultant.
No deviation from the Master Schedule shall be allowed without written approval
for a change in the Master Schedule, in the form of a Design Phase Change Order
executed by the Owner, Construction Program Manager and Design Consultant.
Should the Owner and Construction Program Manager determine that the Design
Consultant is behind schedule, the Design Consultant shall expedite and
accelerate its efforts, including additional manpower and/or overtime, to maintain
the approved design schedule at no additional cost to the Owner.
3.3.4 The Proiect includes a separately"bid and constructed early award scope of work.
cons is tine: of site clearine: and revisions to security fencine:. desie:nated as "Phase
I. Site Clearine: and Fencine:." The Desie:n Consultant shall prepare construction
and biddine: documents. and perform all other customary architecture and
ene:ineerine: services for this work. in accordance with Articles 3.1 and 3.2 of this
AGREEMENT. At the time of execution of Amendment 1 to this AGREEMENT.
said earlv award scope of work had been bid. The cost of the Phase I work shall
not be included in the Base Bid CCAP or the Base Bid Plus Alternate CCAP.
3.4 PROJECT CONFERENCES.
No changes.
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ARTICLE 4
COMPENSATION
4.1 BASIC SERVICES COMPENSATION
4.1.1 The Owner shall compensate the Design Consultant in accordance with the terms
and conditions of this Agreement, including the following:
4.1.2 For the Basic Services of the Design Consultant, Basic Services Compensation
shall be in the amount of Two Million Five Hundred Thirtv"nine Thousand Four
Hundred Seventy"Five Dollars ($2.539.475).
4.1.3 The Basic Services Compensation stated in paragraph 4.1.2 includes all
compensation and other payments due the Design Consultant (manpower,
overhead, profit, direct costs, etc.) in the performance of the Basic Services.
4.2 PAYMENTS TO THE DESIGN CONSULTANT.
No changes.
4.3 ADDITIONAL SERVICES COMPENSATION.
No changes.
4.4 ACCOUNTING RECORDS.
No changes.
4.5 ADDITIONAL COMPENSATION IF ALTERNATE BID ACCEPTED
In the event that Owner provides additional Proiect funds and thereby enters
into a construction contract that includes the Additive Alternate work referenced
herein. the Desie:n Consultant shall be entitled to additional compensation
eauivalent to 1.5% of the difference between the Contract Award Price and the
Base Bid CCAP; for the purposes of normal construction administration services
associated with the Additive Alternate portion of the Work.
ARTICLES 5 - 15
No changes.
7. Professional Fees Allowance: (if Alternate not accepted)
$4.822.921
EXHIBIT A
DESIGN AND CONSTRUCTION BUDGET - AMENDMENT 1
DATE: Julv 10. 2007
OWNER: Augusta, Georgia
PROJECT: Expansion of Augusta Richmond County's Webster
Detention Center
1. This budget is based on construction dates as follows:
Construction Contract Award: Mav.2008
Substantial Completion: March. 2010
Final Completion: June. 2010
2. Escalation rates shall be determined by the R. S. Means Cost Index for
Augusta (or nearest available city). Based on recent Index history in the area, a
projected rate of escalation of five percent (5%) has been allowed for in the figures
below based on the dates shown in Item 1. In the event of delay and/or publication of
above referenced Index Data contrary to projected rate of escalation, all of the following
figures are automatically adjusted by the foregoing Cost Index.
3. Base Bid Budget for Construction Contract(s) Award Price (s):
Base Bid CCAP: $26.600.000 note 1
3A. Base Bid Plus Additive Alternate Budget for Construction Contract(s) Award Price
(s): Base Bid Plus Additive Alternate CCAP $32.450.000 note 1
4. In 'progress Contingency Fund to cover change orders
for unforeseen site conditions, minor design refinements,
and correction of minor errors and omissions in the Contact Documents.
Four percent (-.1..%) of item 3 (if Alternate not accepted) $1.064.000
4A. Four percent (4%) of item 3A (if Alternate accepted)
$1.298.000
5. Project Construction Budget (if Alternate not accepted)
(Line 3 plus Line 4)
$27.664.000
5A. Proiect Construction Bude:et (if Alternate is accepted)
(Line 3A plus Line 4A)
$33.748.000
6. Recommended FFE Allowance:
$2.415.000
7A. Professional Fees Allowance: (if Alternate is accepted)
$5.055.415
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10: Total Project Budget (Base Bid):
$36,000,000
8. Total Design, Construction, FFE Budget (if Alternate not accepted):
Total of Lines 5, 6 and 7) $34.901.951
8A. Total Design, Construction, FFE Budget (if Alternate is accepted):
Total of Lines 5A, 6 and 7A) $41.218.415
9: Owner's Contingency and Non"Design Allowances: (if Alternate not accepted):
$1.098.049
9A: Owner's Contine:encv and Non-Desie:n Allowances: (if Alternate ia accepted):
$1.281.585
lOA: Total Proiect Bude:et (Includine: Additive Alternate 1):
$42.500.000
Note 1: Does not include the cost of new security fencing and site clearing Work associated with
Phase I Work. For the purposes of Exhibit A. the cost of Phase I Work is included in the FFE
allowance. If ne"... security fencing is contracted aD an early award package, the C.'\P l:ll:1aget for the
main package shall be redueed by an identical amount.
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BI
EXHIBIT B
MASTER SCHEDULE & CRITICAL DATE SCHEDULE - AMENDMENT 1
Exhibit B consists of the following, attached documents:
1. WEBSTER DETENTION CENTER EXPANSION - EXHIBIT B MASTER
SCHEDULE - AMENDMENT 1, dated July 3, 2007.
2. WEBSTER DETENTION CENTER EXPANSION - EXHIBIT B CRITICAL DATES,
dated July 3, 2007.
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CI
EXHIBIT C
SCOPE OF SERVICES
The Basic Services below to be performed by the Design Consultant consist of professional
tasks which have as their objective the design, technical documents and construction
administration to provide the Owner with a complete and properly functioning facility.
The Basic Services shall be performed in accordance with the standard of care set forth in
this Agreement. The facility shall be suitable for the purposes for which it is intended,
comply with all applicable codes and laws, and completed on a timely basis within the
approved construction budget. The services are described under the Project Phases in
which they customarily occur. This order is for convenience only and does not necessarily
reflect the sequence in which a service will actually be performed, or necessarily limit the
Project, or a designated portion of the Project, to one of each Phase. These Phases may be
divided to facilitate the procurement of segregated portions of the Work, pursuant to the
approved Master Schedule - Amendment 1 (Exhibit B). The Owner reserves the right to
designate the phasing of segregated portions of the Work and to modify the Master
Schedule, within the terms and conditions of this Agreement.
A. PRE. DESIGN PHASE
No changes.
B. SCHEMATIC DESIGN PHASE
No changes.
C. DESIGN DEVELOPMENT PHASE
1. The Design Consultant shall prepare from the approved Schematic Design Studies,
for further approval by the Owner, the Design Development Documents consisting
of drawings and other documents to fIx and describe the size and character of the
entire Project as to structural, mechanical and electrical systems, materials and
such other essentials as may be appropriate.
2. Design Development Documents prepared by the Design Consultant shall include
drawings and a written report in more detail than the Schematic Design Documents
and shall tak{l into account the Owner's comments on the previous submittal.
Drawings shall include dimensioned site development plan, floors plans, elevations,
and one or more typical sections indicating proposed construction. Drawings shall
also include information on major finishes as well as diagrammatic drawings
illustrating fundamentals of major engineered systems, i.e., structural, mechanical
and electrical.
3. The Design Consultant shall provide the Construction Program Manager with two
copies of in"progress Design Development Documents during the Design
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Development Phase, at the mid-point of the phase. At the end of the Design
Development Phase the Design Consultant shall provide the Construction Program
Manager with eight (8) complete sets of half-size drawings and other documents for
approval by the Owner. The documents- for this final Design Development Phase
submittal shall consist of, as a minimum:
a. Architectural
Floor plans at 1/16" scale and/or 1/8" scale with final room locations
including all openings.
Wall sections showing final dimensional relationships, materials and
component relationships.
Identification of all fIxed and loose equipment to be installed in contract.
Finish schedule identifying all finishes.
Well"developed door schedule showing final quantity plus type and quality
levels.
Virtually complete site plan including grading and drainage.
Preliminary development of details and large scale blow'ups.
Legend showing all symbols used on drawings.
Outline specifications.
Reflective ceiling development including ceiling grid and all devices that
penetrate ceiling (i.e., light fIxtures, sprinkler heads, ceiling register or
diffusers, etc.).
b. Structural
Plan drawings with all major structural members located and sized.
Footing, beam, column and connection schedules.
Final building elevations.
Outline specifications.
Foundation drawings.
c. Mechanical
Heating and cooling load calculations for each space and major duct or
pipe runs sized to interface structuraL
Major mechanical equipment scheduled indicating size and capacity.
Duct work and piping substantially located and sized.
Devices in ceiling located.
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Legend showing all symbols used on drawings.
Outline specifications.
d. Electrical
All power consuming equipment and load characteristics.
Total electric load.
Major electrical equipment (switchgear, distribution panels, emergency
generator, transfer switches, UPS system, etc.) dimensioned and drawn to
scale into the space allocated.
Complete preliminary site lighting design.
Outline specifications.
Lighting, power, telecommunications and office automation devices and
receptacles shown in plan.
Light fIxture schedule with all major fixtures identified.
Interior electrical loads estimate for systems furniture, receptacles,
lighting, food service equipment, and any other special use areas, etc.
e. Food Service
Food service equipment plans, drawn to scale, indicating final locations of
all new equipment.
Final list of all new equipment planned, including manufacturer's product
data, showing required utility connections, physical dimensions, and
functional characteristics.
Outline specifications of all food service equipment.
f. Security Systems
Preliminary Security Systems Floor Plans
Outline specifications
4. The Owner, Construction Program Manager and Commissioning Agent will review
the Design Development SubmittaL Written review comments will be provided to
the Design Consultant, by the Construction Program Manager, upon completion of
the review. The Design Consultant will provide written response to all comments,
indicating dispensation, within two weeks of receipt of said comments.
D. CONSTRUCTION DOCUMENTS PHASE
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1. Upon written authorization from the Owner to proceed, the Design Consultant shall
prepare from the approved Design Development Documents, Working Drawings and
Specifications setting forth in detail the requirements for the construction of the
entire Project. The Owner will provide the Conditions of the Contract (General and
any Supplementary), Advertisement for Bids, Instructions to Bidders, time control
specification provisions, and Construction Proposal Forms and Agreement(s) which
the Design Consultant shall incorporate into the Construction Documents.
2. Construction Documents shall be packaged as prescribed in the Master Schedule
and completed in accordance with the Schedule.
3. Detailed drawings shall cover all work included in the Project or designated portion
thereof.
4. Specifications shall be prepared using the Construction Specifications Institute 16
division format.
5. Drawine:s and specifications shall be prepared in a manner which provides a clear
delineation of the Work associated with the Base Bid and the Base Bid plus
Additive Alternate(s). The Base Bid drawine:s shall be produced in a manner
intended to result in a Base Bid CCAP as described in Appendix A. The Base Bid
plus Additive Alternate(s) shall be produced in a manner intended to result in a
Base Bid plus Alternate(s) CCAP as described in Appendix A.
6. The Design Consultant shall provide the Construction Program Manager with two
half-size (2) copies of in-progress Construction Documents during this phase, at the
50% CD completion stage. Additionally, and in accordance with the Master
Schedule, the Design Consultant shall submit for approval by the Owner four (4)
sets of preliminary Construction Docume~ts at the stage of 90% completeness. The
90% stage shall include complete technical specifications from all disciplines.
7. After review and approval of the 90% Construction Documents by the Owner, the
Design Consultant shall continue with preparation of final Construction Documents
and Bid Documents, including assimilation of complete Project Manual with final
Technical Specifications and Owner's front end documents, for all authorized work
on the Project and shall incorporate in those final documents the comments and any
modifications and changes desired by the Owner and any modifications required for
compliance with all applicable codes, regulations, standards, the approved program,
and prior written approvals and instructions of the Owner. The resulting final
Construction Document submittal is to be a complete, fully coordinated, integrated
package, suitable for bidding distribution, without any significant addenda or
further clarification required. Submit one complete, final set of proposed Bid
Documents to the Owner, along with written responses to 90% Review Comments,
for final review.
8. The Design Consultant shall participate in such reviews and meetings as are
necessary to ensure that the project design confirms to all applicable codes and
requirements of responsible agencies, and will make any changes to the
Gonstruction Documents which are required for issuance of all permits and legal
authorizations needed to construct the Project.
9. The Design Consultant shall make any changes to the Construction Documents
which are deemed necessary to result in a Contract Award Price which will fall
within the CCAP budget established in Exhibit A.
E. CONSTRUCTION BID/AWARD PHASE
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1. Mter receiving written authorization from the Owner, the Design Consultant shall
proceed with the Construction Bid/Award Phase.
2. The Design Consultant shall prepare such clarifications and addenda to the bidding
documents as may be required. The Design Consultant will provide these to the
Owner.
3. The Construction Program Manager will schedule and conduct Prebid Conferences
with prospective bidders to review the Project requirements. The Design
Consultant shall provide knowledgeable representatives, including representatives
of its consultants, to participate in these conferences to explain and clarify Bidding
Documents. Within two days after the Prebid Conference the Design Consultant
shall deliver to the Owner, if needed, a final Addendum.
4. The Design Consultant shall assist the Construction Program Manager and the
Owner in obtaining or evaluating bids, including Additive Alternate bids, or
negotiating proposals and preparing recommendations for the Owner concerning the
contract award.
5. Should first bidding or negotiation produce prices in excess of the approved Base
Bid CCAP, and should the Owner elect not to acquire idditionaffunding, the Design
Consultant shall participate with the Construction Program Manager in such
rebidding, renegotiation, and redesign, at no additional expense to the Owner, as
may be necessary to obtain price(s) within the approved Base Bid CCAP or price(s)
acceptable to the Owner. The Owner will assist in redesign decisions. All redesign
must be approved by the Owner.
6. Should first biddine: of the Base Bid plus Additive Alternate. includine: post"bid
negotiations. produce prices in excess of the approved Base Bid plus Additive
Alternate Bid CCAP. and should the Owner elect not to acquire additional fundine:
over and beyond the Base Bid plus Additive Alternate Bid CCAP. the Desie:n
Consultant shall participate with the Construction Program Manae:er in such
rebiddine:. renee:otiation. and redesign. at no additional expense to the Owner. as
may be necessary to obtain price(s) within the approved Base Bid plus Additive
Alternate CCAP or l>riceCs) acceptable to the Owner. The Owner will assist in
redesie:n decisions. All redesign must be approved bv the Owner.
7. Should the Design Consultant redesign or conduct rebidding under its
responsibilities - set out in the preceding paragraphs, its Construction Phase and
Post Construction Phase services shall be extended to take redesign/rebid delays
into account at no additional expense to the Owner.
8. The Design Consultant shall assist the Construction Program Manager in the
preparation of the AgreementCs) Between Owner and ContractorCs) for the Owner's
execution. The Construction Program Manager will coordinate awardCs) and
Notice(s) to Proceed for the Owner.
F. CONSTRUCTION PHASE
No changes.
G. POST CONSTRUCTION PHASE
No changes.
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EXHIBIT D
ADDITIONAL SERVICES
1. No changes.
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