HomeMy Public PortalAboutgreenline memorial bathrooms 2015.pdfSTATE OF GEORGIA
COUNTY OF CHATHAM
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AGREEMENT FOR SERVICES
THIS AGREEMENT FOR services relating to the MEMORIAL PARK RESTROOMS in the City of
Tybee and, Gear la, hereinafter referred to as "Agreement", is made and entered into as of
th ay of 2015 (the "Date Hereof', by and between GREENLINE
ARC ITECTURE, nc., whose agent and address for purposes of this agreement is Monica
Mastrianni, 28 E. 35th Street, Savannah, GA 31401, hereinafter referred to as "the Company,"
and THE CITY OF TYBEE ISLAND, a munidpality, whose address for the purposes of this
Agreement is 403 Butler Avenue, P. O. Box 2749, Tybee Island, Georgia 31328, herein referred
to as "the City."
WITNESSETH THAT:
WHEREAS, the City is a municipal corporation organized under Georgia law; and
WHEREAS, the City desires to construct restrooms in Memorial Park; and
WHEREAS, the Company, operating under the laws of the State of Georgia, is engaged in
providing architectural services for municipal structures and the like; and
WHEREAS, the Company and Clty desire to document the terms and conditions of their
Agreement.
NOW, THEREFORE, for and consideration of the mutual covenants contained herein, the receipt
and sufficiency of which Is hereby acknowledged, it is agreed as follows:
ARTICLE 1
BASIC AGREEMENT
1.1 The Company will perform the Scope of Work ("the Work") described herein, and supply
all materials in connection therewith for a total sum not to exceed twenty-seven thousand, five
hundred $27,500.0 Dollars ("the price") and will perform all work associated therewith. The
city will be billed at an hourly rate as prescribed In Art. 4.
1.2 Scope of Work.
(a) Generally. The project includes the design of restroums to be constructed at
Memorial Park at Tybee Island, Georgia. Architect will provide all phases of design drawings for
use in bidding, permitting and construction for the project, The Scope of Work includes
Architectural, Structural, Mechanical, Electrical and Plumbing design. The project budget for
design and construction is $148,000.
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The number of fixtures will be 5 per gender if possible and tailored to suit this budget.
This proposal assumes no changes in grade or civil engineering will be required. This proposal
assumes that all utilities are readily available, The City will consider whether their staff can
provide demolition of the existing building.
(b) Schematic Design Phase. Based on the project program previously established,
the Contractor will develop floor plans and elevations for the new building. The plans will be
submitted for the City's review and comment. The drawings will be presented to City Council
and the Infrastructure Committee for their review and approval. The Contractor will present
the plans at the public hearing and committee meeting. Modifications- will be made to the
documents to include the comments generated. Style will be similar to the restrooms being
constructed for North Beach,
(c) Construction Documents Phase. Upon completion of the approved schematic
design drawings, Contractor will begin the construction documents. During this phase, the
Contractor will develop detailed documents for pricing, permitting and construction. Included
will be floor plans, exterior elevations, key building sections, wall sections, window and door
schedules, section details and other details as may be needed. Basic interior finish selections
will be noted on the finish schedule. All consultation design drawings will be provided.
(d) Bidding and Negotiation Phase. Architect will assist City during this phase by
providing design documents to three or fewer prequallfied bidders. Architect and consultants
will provide clarifications as needed to the General Contractor during the bid period and will
assist the City in bid review and advisement.
(e) Construction Administration. Contractor will provide shop drawing/submittal
review services, clarifications and site visits during the estimated construction period of 3-4
months. Up to 5 architectural site visits and 1 MEP site visit is included. Pay application review
is included.
(f) Fee Schedule. The fees are broken down as follows and shall not exceed each
phase, as follows:
(1) Schematic Design $7,000.00
(2) Construction Documentation $13,000.00
(3) Bidding and Negotiation $2,000.00
(4) Contract Administration $5,500.00
13 The Company will provide proof of liability coverage with a minimum liability amount for
comprehensive general liability of not less than $2,000,000.00 and automobile liability of not
less than $1,000,000.00. The Company shall maintain worker's compensation insurance equal
to the statutory requirements. The insurance certificates shall name the City of Tybee Island as
additional insured.
1.4 The Company and all of its subcontractor will comply with the necessary requirements'of
all State and Federal law pertaining to the residency of its workers and will further comply with
ail reporting requirements required of City Contractors pursuant to the grant under which
proceeds are being made available to the City and expressly recognizes that any breach on its
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part of the reporting and other requirements under such grant will result in potential liabilities
to the City and the Company will indemnify and hold harmless the City for any such damages In
addition to all other indemnity obligations contained herein or the terms and conditions
attached hereto.
1.5 The Company shall perform work In accordance with the following schedule:
(1) Within ten (10) days of the countersignature of this agreement the Company will
.submit a schedule to be approved by the City;
(2) Following approval by the City of the schedule, the Company shall commence the
Work; and.: , , .
(3) The Work shall be completed within ninety (90) days of the commencement of the
Work.
1.6 Termination by either party. Either party may terminate this agreement by giving the
other party thirty (30) days written notice of termination. Upon termination, the contractor
shall submit to the city a final invoice for work performed, which will be paid according to the
terms of this agreement.
ARTICLE 2
WARRANTIES
2.1 In addition to any other warranties in this agreement, the Company warrants,
except as provided in paragraph 2.8 of this agreement, that work performed under this
agreement conforms to the agreement requirements and will conform to all local, state and
federal building codes and other applicable requirements.
2.2 The Company shall remedy, at the Company's expense, any failure to conform,
or any defect in the Company's Work.
ARTICLE 3
COVENANTS AND REPRESENTATIONS
3.1 The Company shall perform . professional services in accordance with the Company's
Proposal and Terms and Conditions contained in the agreement and contained herein.
3.2 To induce the City to enter into this Agreement, the City shall be entitled to rely upon
the representations and certifications made by the Company in the Company's Proposal, without
independent investigation and verification, and each such representation or certification shall be
deemed to be material to this Agreement. The person negotiating and executing this Agreement
on behalf of the Company has the full right, power, and authority to enter into, execute and
perform this Agreement in accordance with the terms hereof, and when executed and
delivered, this Agreement will constitute a valid and binding obligation of the Company and will
be enforceable in accordance with the terms thereof.
ARTICLE 4
PAYMENT AND FEES
4.1 The City shall pay the Company the price as provided in this agreement, at the hourly
rates as follows:
Principal: $200.00 per hour
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Senior Project Manager
Project Manager
Intern Architect
Interior Design
Draftsman
Clerical
$150.00 per hour
$125.00 per hour
$60-$110.00 per hour
$75-$150.00 per hour
$75.00 per hour
$40.00 per hour
The City shall also reimburse expenses, in addition to any agreed upon fee, to be billed
by Invoice as follows,
Blueprints
Plot Sheets
Color Plot Sheets
Mileage:
Postage:
$1.50 per sheet
$13.00 per sheet
$25.00 per sheet
$.575 per mile
cost
4.2 The City shall make progress payments approximately every 30 days as the Work
proceeds, on estimates of work accomplished which meets the standards of quality
established under the Agreement, as approved by the Contract Administrator. Payments
are due within 15 days of submittal and approval by the contract administrator, who is the Clty
Manager.
4.3 Before the first progress payment under this agreement, the Company shall furnish, in
such detail as requested by the Contract Administrator, a breakdown of the total agreement
price showing the amount included therein for each principal category of the Work, which
shall substantiate the payment amount requested in order to provide a basis for determining
progress payments. The breakdown shall be approved by the Contract Administrator and must
be acceptable to the City.
4.4 The Company shall submit periodic estimates and pay applications showing the value of
the Work performed during each period based upon the approved breakdown of the
agreement price. Such estimates shall be submitted not later than 30 days In advance of
the date set for payment and are subject to correction and revision as required. The
estimates must be approved by the Contract Administrator.
4,5 If services of any subcontractors are used, prior to making any payment, the Contract
Administrator may require the Company to furnish receipts or other evidence of payment
from all persons performing work and supplying material to the Company, if the
Contract Administrator determines such evidence is necessary to substantiate claimed
costs.
ARTICLE 5
CONTINGENCIES
5.1 The obligations of the City are subject to the following conditions:
(1) The ability of the City to carry out the terms of this Agreement in accordance with
the laws and Constitution of the State of Georgia.
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(2) The timely performance by the Company of each and every covenant, agreement,
and obligation imposed upon the Company in this Agreement,
(3) The truth and accuracy as of the Date Hereof of each and every representation
made by the Company.
(4) This Agreement is expressly made subject to other laws affecting its subject matter.
In the event of any conflict between such laws and this Agreement, such laws shall take
precedence.
5.2 The obligations of the Company are subject to the following conditions:
(1)The timely pertorrnance by the City of each and every covenant, agreement, and
obligation imposed upon the City in this Agreement.
ARTICLE 6
NOTICES
6.1 All notices, demands or requests required or permitted to be given pursuant to this
Agreement shall be' in writing and given or served either in person or by United States Mali,
postpaid, registered or certified with Return Receipt Requested, showing the name of the
recipient and the date of delivery. Notices shall be addressed to the party or parties Identified
and at the address as set forth in the introductory paragraph of this Agreement, and the date
upon which such notice is delivered shall be deemed the effective date thereof. Either party
may, from time to time, by five (5) days' prior written notice to the other party, specify a
different agent or address to which notices can be delivered. Rejection or other refusal to
accept a notice or inability to deliver a notice because of a changed agent or address of which
no notice was given shall constitute receipt of the notice on the date when personal service is
attempted or the date of the postmark, if mailed.
ARTICLE 7
RIGHTS CUMULATIVE
7.1 Ali rights, powers, and privileges conferred hereunder shall be cumulative and not
restrictive of those given by law.
ARTICLE 8
NON -WAIVER
8.1 No failure of the City to exercise any right or power given to the City under this
agreement, or to insist upon strict compliance by the Company with the provisions of this
agreement, and no custom or practice of the City or the Company at variance with the terms
and conditions of this Agreement, shall constitute a waiver of the City's right to demand exact
and strict compliance with the terms and conditions of this Agreement.
ARTICLE 9
CONTLNU1TY
9.1 Each of the provisions of this agreement shall be binding upon and inure to the benefit
and detriment of the Company and the City and the heirs, devisees, legatees, legal
representatives, successors and assigns of the Company and the City.
ARTICLE 10
CONTRACT MODIFICATION
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10.1 (a) Only the Contract Administrator has authority to modify any term or condition of
this contract. Any contract modification shall be authorized in writing.
(b) The Contract Administrator may modify the contract unilaterally (1) pursuant to a
specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative
matters which do not change the rights or responsibilities of the parties (e.g., change in the
City's address), Alt other contract modifications shall be in theform of supplemental agreements
signed by the Company and the Contract Administrator.
(c) When a proposed modification requires the approval of the Tybee Island City
Council prior to its issuance (e.g., a change order that exceeds the Contract Administrator's
approved threshold), such modification shall not be effective until the required approval is given
by the Tybee Island City Council.
ARTICLE 11
CHANGE ORDERS
11.1 The Contract Administrator may make changes to the Company's work, however no
adjustment in the contract price will be binding upon the City unless approved by City Council,
ARTICLE 12
TIME OF THE ESSENCE
12.1 All time limits stated herein are of the essence of this Agreement.
ARTICLE 13
CAPTIONS
13.1 The brief headings or titles preceding each provision hereof are for purposes of
identification and convenience only and should be completely disregarded in construing this
Agreement.
ARTICLE 14
THIRD PARTY BENEFICIARIES/OBLIGORS
14.1 Although this agreement is a personal retention of the Company as an independent
Company, the Company and the City agree that there will be other third party obligors
subcontractors performing work on the project. The Company, however, agrees to be
responsible for ensuring that all agreement terms are complied with, regardless of the entity
performing the actual work.
ARTICLE 15
DRUG FREE WORK PLACE
15,1 It is the policy of the City of Tybee Island that its work place shall be a drug free
workplace in compliance with the Drug Free Work Place Act, 41 U.S.C.5.701et. ems.
ARTICLE 16
APPLICABLE LAWS
16,1 The Company agrees that rt and all of its subcontractors will comply with all applicable
legal requirements whether imposed by Local, State or Federal law and, further, will comply
with State "SAVE" and "E -Verify" requirements.
ARTICLE 17
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JURISDICTION AND VENUE
17.1 The Company agrees that any civil action, arbitration or mediation of any dispute arising
under this Agreement shall take place only in Tybee Island or Savannah, Chatham County,
Georgia. City and Company further agree and stipulate to the jurisdiction and venue of the
United States District Court for the Southern District of Georgia, Savannah Division, the Superior
Court of Chatham County or the State Court of Chatham County over them and over any civil
action arising under this Agreement.
IN WITNESS WHEREOF, the Company and the City have caused these presents to be duly
signed, sealed and delivered on the day, month, and year first above written.
GREENI INE ARCHITECTURE, P.C,
n ,
1
By:
Name: Monica Mastriannl
Title: _ 4.441-
APPROVED TO FOR
1/47)0 `J0 2o lc Date
Edward M. Hughes, City a rney
0-7 n//5 -
Date
CITY OF TYI3EE ISLAND
Wa,,f„, D.
Jason Buelterman, Ma?r T�
/°2.3 !M Date ro C
dark of Coundl
/— 41 / c Date
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