HomeMy WebLinkAboutAgreement for Professional Services
Augusta Richmond GA
DOCUMENT NAME: A q yocmenT -fOV-'?YO ~6'3 i oroJ
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DOCUMENT TYPE: AS yecrnen't
YEAR: 0-cD-'"3
BOX NUMBER: ~O
FILE NUMBER: l, \ I
NUMBER OF PAGES: ~
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FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
AUGUSTA, GEORGIA
AND
TURNER ASSOCIATES/ARCHITECTS AND PLANNERS, INC.
WHEREAS, an AGREEMENT for Professional Services between Augusta, Georgia
and Turner Associates/Architects and Planners, Inc. was entered into on January 7, 2003 which
included in the Project Description (Exhibit B) a total program of approximately 235,124 Gross
Square Feet (GSF), utilizing the existing Municipal Building and construction of a new Facility;
and
WHEREAS, during the execution of Work Authorization No.1, the Project Definition
Phase, it was determined that the Project Description was not suitable for the needs of Augusta;
and
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WHEREAS, further work on Work Authorization No.1 was suspended pending a Site
Location Study and Analysis; and
WHEREAS, the parties to said Agreement desire to amend the following documents
incorporated into the Agreement, to wit:
Exhibit A - Scope of Services
Exhibit B - Project Description
Exhibit C - General Provision for Architectural Services
Exhibit E - Payments and Miscellaneous Provisions
......0;
Exhibit G - Preliminary Project Schedule;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the Parties hereto agree as follows:
1. Exhibit A - Scope of Services, is hereby amended, restated, attached to and made
a part of this AGREEMENT and designated as Exhibit A - Amended.
2. Exhibit B - Project Description, is hereby amended and attached to and made a
part of this AGREEMENT and designated as Exhibit B - Amended.
3. Exhibit C - General Provisions for Architectural Services, is hereby amended and
attached to and made a part of this AGREEMENT and designated as Exhibit C - Amended.
4. Exhibit E -Payments and Miscellaneous Provisions, is hereby amended and
attached to and made a part of this AGREEMENT and designated as Exhibit E - Amended.
5. Exhibit G - Preliminary Project Schedule, is hereby amended and attached to and
made a part of this AGREEMENT and designated as Exhibit G - Amended.
6. Work Authorization #1 is hereby amended and attached hereto as Work
Authorization # 1 - Revised.
7. The ARCHITECT has associated Ricci/Greene Associates and The W oodhurst
Partnership as team members for the Project with the agreed upon fee split and associated
description of scope of work of each firm attached hereto, with copies of contracts with each of
said finns to be attached as Exhibits H and I, respectively, within three weeks of the execution of
this AGREEMENT.
8. All other terms and condition of the AGREEMENT not specifically amended
herein shall remain in full force and effect.
This AGREEMENT, together with the Exhibits identified above, other than Exhibits H
and I which are attached for informational purposes only, and subsequent Work Authorizations,
constitutes the entire agreement between the OWNER and the ARCHITECT 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 be hereafter referred to as the AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have made and executed this
poP AGREEMENT as of the date first above written.
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EXHIBIT A - AMENDED
SCOPE OF SERVICES
This is an amended exhibit attached to and made a part of the AGREEMENT
between the OWNER and the ARCHITECT for professional architectural services. The
scope of services defined herein may be subsequently modified by means of mutually
agreed to additions to,. deletions from or modifications to the following tasks with
corresponding mutually agreed to revisions, if any, to the project schedule and
ARCHITECT's compensation. The parties acknowledge that as of this date of this
amendment to the AGREEMENT, some of the tasks have been completed or
substantially completed. The planned durations of the various services are illustrated in
the attached Preliminary Project Schedule, Exhibit G.
PROJECT DEFINITION SERVICES
l.1 The purpose of the Project Definition Phase is to further develop and refine the
space requirements, develop conceptual options, establish the probable phasing
and location of courts and related functions, and validate the budget for the Cost
of the Work within the overall budget for the Project as proposed by the Owner.
Planned duration of the additional work under Project Definition Phase is an
additional 40 working days from October 7, 2003 with a subsequent 15 days for
Owner review. The Project Definition Phase as amended is divided into tasks, as
follows.
1.2 Task 1: General
1.2.1 Participate in progress meetings with the Owner on a regular basis,
generally biweekly during Project Definition Phase. To the extent feasible,
these progress meetings will be scheduled to coincide with other required
meetings or workshops. Substantially completed
l.2,2 Conduct regular coordination meetings among the Architects and its
consultants, generally biweekly, to conduct in-house quality control
procedures. Substantially completed
1.2.3 Develop expected project delivery schedule. Substantially completed
1.3 Task 2: Proe:ram Validation - Completed
1.4 Task 3: Existine: Conditions Survey and Analvsis
1.4.1 Completed
1.4.2 The Architect will assemble a list of applicable building codes and
regulations applicable to the Project.
1.4.3 Completed
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October 7, 2003
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10404 The Architect will assist the Owner in verifying whether historical
regulations will restrict the available options on site.
104.5 Completed
104.6 Completed
1.5 Task 4: Conceotual Plan / Options
The purpose of this task is to develop a concept and a consensus, on what to build
and where to build it.
1.5.1 The Architect will develop blocking and stacking studies for 3 options on
the proposed site to house the I5-year space projection, with capability for
expansion to meet the 20-year projection. These studies will illustrate a
typical court floor layout (single line, pre-schematic level), "blocking"
diagrams of other floors for court support and other agencies and
corresponding "stacking" diagrams showing the vertical distribution of
functions. Together, these diagrams will indicate approximate building
footprint dimensions and number of stories (height). They will also
illustrate primary circulation patterns and access for public, staff, prisoners
and maintenance.
1.5.2 As the courtroom is the building block of a courthouse, and drives the
"governing" floor size and dimensions of the building, courtroom mini-
studies will be provided to illustrate appropriate courtroom layouts and
dimensions to respond to their functional needs. The Architect will also
show the full "court set", that is, the spaces immediately adjacent to the
courtrooms Gury rooms, chambers, interview rooms, waiting areas etc.).
1.5.3 In parallel with the concept plans, the Architect will prepare a study and
analysis of the site, the neighboring community and the general region to
determine patterns of use, movement, environmental conditions,
architectural traditions, and the like that will affect the development of the
new building. Diagrams ,md photographs will be developed to
communicate the findings of this analysis in order to achieve a consensus
for further concept development.
1.504 Site development options will be prepared, with adequate detail to indicate
placement of building on site, entries and access points, space required for
vehicular movement and remaining space available (if any) for on-site
parking, landscaping and/or future expansion. Parking analysis for the
number of surface parking spaces that may be accommodated on the site,
with accommodations for green space, is part of this Scope of Services.
1.6 Task 5: Cost Estimate
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October 7, 2003
i:'
Cost estimates will be prepared based on the program and the preliminary
concepts. The estimate will be provided roughly following the "Uniformat" 16
Division approach which breaks down cost by major architectural and engineering
components and systems. Added to the construction costs ("hard costs") will be
"soft costs" such as fees, contingencies, furniture, fixtures equipment and related
costs. An allowance will be provided for site work (absent any knowledge of
subsurface conditions) and on site parking.
1.7 Task 6: Security Consultine:
Provide general recommendations regarding security requirements including
preliminary identification of vulnerabilities and/or assets requiring protection and
preliminary recommendations for the layout and configuration of the site and
entrances and for facility hardening.
1.8 Task 7: Recommendations
1.8.1 The Architect will prepare recommendations based on conclusions of the
analysis, and subsequent discussions with the key stakeholders. The
approach will be to present issues and opportunities, with options that
address these criteria in different forms. The recommendations will be the
result of discussions about these options, and represent the consensus of
the planning group.
1.8.2 The Architect will conduct a workshop during this phase that allows the
client and consultant team to compare the relative "pros" and "cons" of
each option, along with associated costs.
1.8.3 Upon an agreed conclusion, the Architect will develop the Final
Recommended Plan, to include Executive Summary, Concept Options,
Site Analysis, Space Program, Project Schedule, Statement of Probable
Cost and the Security Report
1.8.4 Prepare a small scale mass model to reflect the final recommended plan.
PRELIMINARY DESIGN SERVICES
2.0 The Preliminary Design Services will consist of the Schematic Design Phase and
the Design Development Phase.
2.1 Schematic Design Phase. Planned duration of the Schematic Design Phase is 60
working days with a subsequent 10 days for Owner review. This phase is divided
into tasks, as follows:
2.2 Task 1: General
2.2.1 . Participate in progress meetings with the Owner on a regular basis,
generally biweekly during Schematic Design.
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October 7, 2003
..
2.2.2 Conduct regular coordination meetings among the Architects and its
consultants, generally biweekly, to conduct in-house quality control
procedures.
2.2.3 Submit completed copies of the Schematic Design package to the Owner
for review, comment, and approval. Conduct initial and final workshop
during Owner's review of Schematic Design package to facilitate Owner's
development of comments to be incorporated during the Design
Development Phase.
2.2.4 Update project delivery schedule.
2.3 Task 2: Architecture
2.3.1 Based upon the approved program from the Project Definition Phase,
develop site plan studies that explore alternatives for the massing and
placement of the building on the site, considering the contextual
relationship of the environs, the functional relationships within the
building, the relationship to the existing building and the overall program
objectives.
2.3.2 Develop floor plans for the project with regard to efficiency and clarity of
circulation.
2.3.3 Prepare block study models to illustrate the site development alternatives
in three dimensions. Prepare color schematic site plans, floor plans, typical
sections and elevations to illustrate the design concept.
2.3.4 Coordinate with consultants to integrate preliminary engineering and
design criteria into the schematic design documents. Conduct in-house
quality control procedures.
2.3.5 Review and discuss with Owner the ADA, building code, and life-cycle
issues and considerations of the project.
2.3.6 Calculate space allocations in comparison with program.
2.3.7 Meet with the Owner's representatives bi-weekly to review the progress of
the design and make revisions in response to comments.
2.3.8 Meet with local officials to discuss code requirements and design issues
that may impact the design and identify any potential concerns.
2.3.9 Prepare outline specifications in narrative form to describe the materials
and systems envisioned for the buildings.
2.3.10 Review all design studies including specifications, cost, engineering, and
landscape with Owner for approval prior to beginning Design
Development phase.
2.4 Task 3: Civil Eneineering
2.4.1 Develop civil/site requirements checklist in reference to the proposed
architectural design.
2.4.2 Prepare schematic civil documents establishing the design concept and
general engineering approach for site development issues including onsite
parking, access and road design grading and drainage, sanitary sewer and
potable water connections, hydrology, and soil erosion control.
2.4.3 Advise Architect and Owner of any perceived regulatory impediments.
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October 7,2003
l.
2.4.4 Prepare outline specifications.
2.5 Task 4: Structural Ene:ineerine:
2.5.1 Participate in general consultation with Architect and other design
professionals.
2.5.2 Provide study, advice, and recommendation on selection of structural
systems and materials, including foundations. Provide constructability
studies of the structural system including alternative designs and framing
approaches relative to bay size with cost evaluation analysis.
2.5.3 Prepare sketches, calculations, outline specifications, special conditions
and other information.
2.5.4 Establish criteria for any additional geoteclmical investigation or survey of
the site.
2.6 Task 5: Mechanical. Electrical. Plumbine: and Fire Protection
2.6.1 Review the schematic design concepts to select the HV AC systems for the
building. Advise on the alternative choices and the implications of each
including relative costs and general operation and maintenance
requirements.
2.6.2 Develop initial information for later use in ASHRAE Energy Code
Analysis.
2.6.3 Develop schematic designs for mechanical, plumbing, electrical, fire
protection systems and verify general space and clearance requirements.
2.6.4 Prepare narrative descriptions and analyze critical room sizes and
locations.
2.7 Task 6: Specialty Services
2.7.1 Security Consulting and Design: provide narrative description for access
control systems, intrusion detection systems, duress monitoring systems,
security intercom systems, closed circuit television systems, metal
detection and X-ray screening systems and coordination of system power
and cooling requirements with the building systems and updated security
report.
2.7.2 Acoustics Design: provide narrative description for sound isolation for
critical spaces, room acoustics for courtrooms, sound isolation of
mechanical and electrical equipment rooms.
2.7.3 Audio-visual Design: provide narrative description for sound
reinforcement, assistive listening, court reporting, and video/computer
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October 7, 2003
presentation systems for new courtrooms and coordination of system
power and cooling requirements with the building systems.
2.7.4 Voice and Data Design: provide narrative description for a structured
voice/data cabling system and coordination of system power and cooling
requirements with the building systems.
2.7.5 Lighting Design: provide narratives description for luminaire
specifications and layouts, for the new facility fayade, lobby and elevator
lobbies, site lighting including pedestrian circulation and landscape
lighting, public corridors and courtrooms in the facility.
2.7.6 Graphic Design: provide description for signage and wayfinding systems
for the building and the site.
2.7.7 Elevator: provide narrative description for elevators.
2.7.8 Furniture, Fixtures & Equipment: provide narrative description for
furniture and fixtures (systems, workstations and loose accessories) and
equipment (residential appliances for breakrooms, etc.).
2.8 Task 7: Landscape Architecture
2.8.1 Prepare master planning concepts.
2.8.2 Develop alternative solutions in relation to program requirements and site
context.
2.8.3 Determine materials and design elements for landscape and irrigation
design within project budget parameters.
2.8.4 Develop sketch plan in response to circulation, accessibility, and historic
context considerations to be incorporated in Architect's site plan.
2.8.5 Present master plan to officials and community representatives as may be
necessary.
2.9 Task 8: Cost Control
2.9.1 Based on the schematic drawings for all systems, program documents,
outline specifications, and discussions with the Owner and consultants,
prepare a cost estimate using parametric quantities to determine building
systems costs. The cost of the Work for the new facility and the cost of the
Work for the improvements to the existing facility will both be analyzed.
2.10 Task 9: Schematic Design Deliverables
The Architect shall deliver ten (10) sets of drawings and specifications of the
following:
2.10.1 Architecture
Architectural Site Plan
Floor Plans (118 = 1'0")
Building Elevations (1/8. = 1 '0")
Building Sections (1/8" = 1'0")
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October 7, 2003
Typical Wall Sections (1/4" = 1'0")
Narrative descriptions of primary materials / systems.
Tabulation of building areas
2.10.2 Structural Engineering
Typical Conceptual Floor Framing Plan (1/8" = 1 '0").
Narrative description of systems.
2.10.3 Mechanical/Plumbing Engineering
Narrative description of systems addressing basic systems types but not
capacities.
Primary equipment room and chase sizes and locations.
2.10.4 Electrical Engineering
Narrative description of systems addressing basic systems types but not
capacities.
Primary equipment room and chase sizes and locations.
2.10.4 Civil Engineering
Building and Parking Location Plan
Conceptual Site Utility Plan
2.10.6 Specialty Services
Narrative description of systems addressing basic systems types but not
capacities.
2.10.7 Rendering
Provide a three-dimensional sketch rendering of the approved design. The
rendering shall depict the relative scale, color, and proportion of the.
2.10.8 Model
Prepare a scale mass model or 3D computer model of the new facility,
existing facility, project site and adjacent buildings.
3.1 Design Development Phase. Planned duration of the Design Development Phase
is 75 working days with a subsequent 15 days for Owner review. The Design
Development Phase is divided into tasks, as follows:
3.2 Task 1: General
3.2.1 Provide assistance to perform a general value engmeenng and
constructabilityanalysis.
3.2.2 Participate in progress meeting with the Owner on a regular basis,
generally biweekly during design development.
3.2.3 At inception of the Design Development phase, incorporate and respond to
Owner comments relative to Schematic Design documents.
3.2.4 Conduct regular coordination meetings among the Architect's consultants,
generally biweekly.
3.2.5 Submit a completed Design Development package to the Owner for
review, comment and approval. Conduct initial and final workshop during
Owner's review of Design Development package to facilitate Owner's
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October 7,2003
development of comments to be incorporated during the Construction
Documents Phase.
3.2.6 Update project delivery schedule
3.3 Task 2: Architecture
3.3.1 Further develop the approved ideas from the Schematic Design phase to
fix the size and shape of the buildings and their components.
3.3.2 Establish the rationale for detailing of the elements of the project; refine
the selection of finishes and materials.
3.3.3 In consultation with the engineering consultants, make decisions on
systems alternatives, considering cost, function, and compatibility with
program objectives.
3.3 A Further refine plans, reflected ceiling plans, exterior and interior
elevations, key sections, and key details to fix the complete scope of the
work for Owner review and for construction cost verification.
3.3.5 Present design drawings to the Owner for review and approval.
3A Task 3: Civil En2:ineerin2:
3 A.l Modify engineering drawings in response to the architectural development
of the design.
3A.2 Review documentation in reference to regulatory requirements.
3.5 Task 4: Structural Engineerin2:
3.5.1 Review geotechnical report and confirm recommendations for foundation
system.
3.5.2 Prepare preliminary structural calculations.
3.5.3 Prepare preliminary foundation and franling drawings showing primary
structural system, materials, approximate sizes, and critical details such as
clearances.
3.5 A Prepare structural specifications.
3.6 Task 5: Mechanical. Electrical. Plumbin2: and Fire Protection
3.6.1 Further develop engineering design concepts.
3.6.2 Review modifications in response to architectural development.
3.6.3 Begin design of energy management system, acoustical and vibration
control, and respond to visual impacts.
3.6A Prepare preliminary load calculations.
3.6.5 Determine chase and clearance requirements.
3.6.6 Choose equipment and lighting fixture selections. Submit cuts for
approval and review with the Owner.
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October 7, 2003
3.6.7 Prepare an updated and expanded narrative description of systems with
overall capacities and quantities based on preliminary block load estimates
with outline specs of materials and equipment.
3.7 Task 6: Specialty Services
Finalize decisions regarding systems choices and their integration. Prepare initial
layouts, diagrams, and routing. Determine selection criteria and prepare
updated and expanded narrative descriptions of systems with outline
specifications of materials and equipment.
3.7.1 Security Consulting and Design
3.7.2 Acoustics Design
3.7.3 Audio-visual Design
3.7.4 Voice and Data Design
3.7.5 Lighting Design
3.7.6 Graphic Design
3.7.7 Elevator
3.7.8 Furniture Fixtures & Equipment
3.8 Task 7: Landscape Architecture
3.8.1 Meet with design tean1 to verify site design. Modify site design in
response to building design development and Owner preferences.
3.8.2 Refine design development plans for site features, streetscape, planting,
hardscape and irrigation.
3.8.3 Submit samples and design development drawings for review.
3.8.4 Meet with community groups as appropriate for review of the design.
3.8.5 Prepare outline specifications.
3.9 Task 8: Cost Control
3.9.1 Review all design development documents.
3.9.2 Prepare quantity survey listing all major elements of work and labor.
Verify availability of key materials.
3.9.3 Review estimate.
3.9.4 Review and discuss estimate results and options with the Owner.
3.10 Task 9: Desien Development Deliverables
The Architect shall deliver ten (10) sets of drawings and specifications of the
following:
3.1 0.1 Architecture
Floor Plans (1/8 = 1'0")
Key Area Plans (1/4" = 1'0")
Building Elevations (1/8. = 1'0")
Building Sections (1/8" = 1'0")
Typical Wall Sections (3/4" = 1'0")
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October 7, 2003
Roof Plan (1/8 = 1 'a")
Interior Elevations (1/4" = 1 'a")
Reflected Ceiling Plans (118" = 1'0")
Preliminary Door and Frame Schedule
Updated tabulation of building areas
3.1 0.2 Structural Engineering
Typical Floor Framing Plans (1/8" = 1 'a")
Preliminary Foundation Plan
Preliminary Details
3.10.3 Mechanical/ Plumbing Engineering
Drawings indicating major equipment locations and arrangement and
single-line depictions of major duct and piping routings, and utility service
points.
Typical Floor Plans
Preliminary Equipment Selection
An updated and expanded narrative description of systems and
outline specs.
3.10.4 Electrical Engineering
Drawings indicating major equipment locations and arrangement and
utility service points.
Preliminary Riser Diagram
Typical Lighting Plans (1/8" = 1'0")
Typical Power Plans
Preliminary Equipment Selection
An updated and expanded narrative description of systems with overall
capacities and quantities based on preliminary block load estimates.
3.10.5 Civil Engineering
Building and Parking Location Plan
Site Grading Plan
Site Utility Plan
Site Lighting Plan
Preliminary Site Details
3.10.6 Specialty Services
Preliminary system layouts, diagrams and routing and
hardware/equipment selections.
An updated and expanded narrative description of systems with
preliminary hardware/equipment selections.
3.10.7 Landscape Architecture
Landscape, irrigation and hardscape plan
Preliminary details
3.10.8 Rendering
3.1 0.9 Provide a final three-dimensional rendering of the approved design. The
rendering shall depict the relative scale, color, materials and proportion of
the facility.
Models
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October 7, 2003
Prepare a scale physical model or 3D computer model of the building and
site area. The model shall demonstrate color and texture of the exterior
building material.
The physical model must be constructed of durable material and enclosed
in a plexiglas shroud to permit public viewing while providing adequate
protection.
FINAL DESIGN AND CONSTRUCTION SERVICES
4.0 The Final Design and Construction Services will consist of the Construction
Documents Phase, the Bid Phase and the Contract Administration Phase.
4.1 Construction Documents Phase. Planned duration of the Construction Documents
Phase is 130 working days with a subsequent 15 days for Owner review. The
Construction Document Phase is divided into tasks, as follows:
4.2 Task 1: General
4.2.1 Participate in progress meetings with the Owner on a regular basis,
generally monthly during the Construction Documents Phase.
4.2.2 Incorporate and respond to Owner comments at inception of Construction
Documents.
4.2.3 Regular coordination meetings among the Architect's consultants,
generally biweekly during the Construction Documents Phase
4.2.4 Submit completed Construction Documents package to Owner for review,
comment, and approval. Conduct initial and final workshop during
Owner's review of Construction Documents package to facilitate Owner's
development of comments to be incorporated during the Bid Phase.
4.2.5 Coordinate documents with all other disciplines.
4.2.6 Update project delivery schedule
4.3 Task 2: Architecture
4.3.1 After incorporating Owner's Design Development comments, prepare
construction drawings to clearly describe the construction requirements for
bidding and execution. This work will include dimensioning and
delineation of plans, sections, elevations, and details as well as schedules
to define the work.
4.3.2 Prepare final specifications and written definitions of material, equipment,
and installation requirements.
4.3.3 Coordinate the documents of all consultants.
4.3.4 Provide cost consultant with data at 90 % completion for final cost review.
4.3.5 Submit completed documents to regulatory authorities for final comments
and approvals in accordance with mandated procedures.
4.3.6 Review completed documents with Owner prior to release for bidding.
4.4 Task 3: Civil Engineering:
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October 7, 2003
4.4.1 Prepare complete construction drawings and specifications from the
design development drawings.
4.4.2 Submit plans and specifications to local and state regulatory agencies for
reVIew.
4.4.3 Provide cost consultant with data for final cost review.
4.5 Task 4: Structural Emdneerine:
4.5.1 Prepare final calculations.
4.5.2 Prepare structural drawings showing foundation and framing plans and
sections, dimensioned, detailed and identified to define the pnmary
structural system with appropriate details, schedules, and notes.
4.5.3 Develop final specifications.
4.6 Task 5: Mechanical. Electrical. Plumbine: and Fire Protection
4.6.1 Prepare final design calculations.
4.6.2 Prepare construction documents to delineate systems installations, flow
diagrams, and details for construction.
4.6.3 Coordinate and incorporate Owner's requirements for the electrical outlet
and communication systems locations.
4.6.4 Develop final specifications.
4.6.5 Complete computerized energy analysis for HV AC.
4.6.6 Design energy management system.
4.7 Task 6: Specialty Services
Finalize layouts, diagrams, schedules and routing. Prepare final specifications.
4.7.1 Security Consulting and Design
4.7.2 Acoustics Design
4.7.3 Audio-visual Design
4.7.4 Voice and Data Design
4.7.5 Lighting Design
4.7.6 Graphic Design
4.7.7 Elevators
4.7.8 Furniture Fixtures & Equipment (FFE)
4.8 Task 7: Landscape Architecture
4.8.1 Prepare construction drawings and details for exterior hardscape, irrigation
and landscape work.
4.8.2 Prepare specifications for hardscape, irrigation and landscape.
4.8.3 Participate in final reviews.
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October 7, 2003
4.9 Task 8: Cost Control
4.9.1 Develop updated detailed cost estimate listing materials, assemblages, and
labor factors.
4.9.2 Provide a market update including analysis of availability of trades and
fabricators.
4.9.3 Review final cost estimate with Owner.
4.10 Task 9: Construction Document Deliverables
The Architect shall deliver ten (10) sets of drawings and specifications of the
following:
4.10.1 Architecture
Floor Plans (1/8 = 1 '0")
Key Area Plans (114" = 1'0")
Life Safety Plans (114" = 1 '0")
Building Elevations (1/8. = 1 '0")
Building Sections (118" = 1'0")
Wall Sections (3/4" = 1 '0")
Roof Plan (1/8 = 1'0")
Interior Elevations (1/4" = 1'0")
Reflected Ceiling Plans (118" = 1'0")
Details (1 Yz" = 1 '0")
Door and Frame Schedule
Updated tabulation of building areas
4.10.2 Structural Engineering
Floor Framing Plans (118" = 1'0")
Foundation Plan
Details
Schedules
4.10.3 Mechanical/Plumbing Engineering
Floor Plans
Equipment Room Layouts
Final Equipment Selection
Schedules
Details
4.10.4 Electrical Engineering
Riser Diagram
Lighting Plans (118" = 1 '0")
Power Plans
Equipment Room Layouts
Final Equipment Selection
4.1 0.5 Civil Engineering
Building and Parking Location Plan
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October 7, 2003
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Erosion Control Plan
Utilities Plan
Site Grading Plan
Site Lighting Plan
Site Details
4.10.6 Specialty Services
Final system layouts and hardware/equipment selections
Schedules
Details
4.10.7 Landscape Architecture
Landscape Plan
Hardscape Plan
Final Details
4.10.8 Specifications
Final specifications in CSI format
5.1 Bid Phase. Planned duration of the Bid Phase is 50 working days with a
subsequent 15 days for Owner review. The Bid Phase is divided into tasks, as
follows:
5.2 Task 1: General
5.2.1 Assist the Owner with coordinating the construction bidding process,
establishing the bidding procedures, terms and conditions of the contract,
and general requirements of the contractor.
5.2.2 The Architect shall assist the Owner in establishing a list of prospective
bidders or contractors.
5.2.3 If requested by the Owner, the Architect shall arrange for procuring the
reproduction of Bidding Documents for distribution to prospective bidders
for which the Owner shall pay directly for the cost of reproduction.
5.3 Task 2: Architecture
5.3.1 Review requests for substitutions.
5.3.2 Assist in pre-bid conferences.
5.3.3 Prepare addenda to supplement the documents and clarify questions.
5.3.4 Assist in reviewing bids and making recommendations.
5.4 Task 3: Other Consultants
5.4.1 Respond to requests for substitutions in their disciplines.
5.4.2 Prepare portions of addenda related to their disciplines.
5.4.3 Assist in reviewing bids.
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October 7, 2003
6.1 Contract Administration Phase. Planned duration of the Contract Administration
Phase is 455 working days. The Contract Administration Phase is divided into
tasks, as follows:
6.2 Task 1: Architecture
6.2.1 Attend project meetings twice a month to discuss project information.
6.2.2 Conduct field visits twice a month to observe and report on the progress of
the work.
6.2.3 Review submittals, shop drawings, and requests for information.
6.2.4 Prepare supplemental drawings for clarification of details, as required.
6.2.5 Conduct substantial completion inspections and develop punch lists.
6.2.6 Review and make recommendations on the approval of contractor change
order proposals and payment requests.
6.2.7 Review and comment on claims, disputes, or other matters between the
Owner and contractor related to the execution of work as provided in the
contract documents.
6.3 Task 2: Other Consultants
6.3.1 Attend project meetings to discuss project information. The frequency of
said meetings for each discipline shall be determined by the Architect
based on the normal and customary requirements for that discipline's
attendance at the particular phase of construction work.
6.3.2 Conduct field visits to report on the progress of the work. The frequency
of said visits for each discipline shall be determined by the Architect based
on the normal and customary requirements for that discipline's visit at the
particular phase of construction work.
6.3.3 Review submittals, shop drawings, and requests for information.
6.3.4 Prepare supplemental drawings for clarification of details, as required.
6.3.5 Conduct substantial completion inspections and develop punch lists.
6.3.6 Review and make recommendations on the approval of contractor change
order proposals and payment requests.
6.3.7 Review and comment on claims, disputes, or other matters between the
Owner and contractor related to the execution of work as provided in the
contract documents.
6.4 Task 3: As-Builts and Record Drawin2:s
6.4.1 Prepare and furnish one (1) set of reproducible record drawings of the
project. Said record drawings shall reflect design changes made by the
ARCHITECT during the Contract Administration Phase and shall reflect
as-built conditions as recorded by the Contractor on as-built drawings
("as-builts") during the Contract Administration Phase.
6.4.2 Furnish one (1) set of CADD files of the record drawings of the project.
ARCHITECT and Owner shall mutually agree to certain normal and
customary limitations regarding the OWNER's use of said record
drawings.
Page A - 15
October 7, 2003
EXHIBIT B - AMENDED
PROJECT DESCRIPTION
This is an amended exhibit attached to and made a part of the AGREEMENT
between the OWNER and the ARCHITECT for professional architectural services.
ARTICLE 1 - GENERAL
1.1 The following description of the project is based both on assumptions mutually
agreed to as of the date of execution of the AGREEMENT. All parties agree that
assumptions will be evaluated and, if appropriate, may be revised during the
course of the Project and may subsequently result in revisions to the Project
Description, the associated Scope of Services and compensation.
1.2 The project site is generally described as bounded on the north by Telfair Street,
on the East by Nineth Street, on the south by Fenwick Street and on the west by
Tenth Street in Augusta, Georgia 30901 and comprising approximately 13.5
acres.
1.3 The initial program assumptions were based on the Augusta Richmond County
Consolidated Government Judicial Center Space Requirements as developed in
Marchi April of 2000 and subsequently modified.
ARTICLE 2 - NEW FACILITY
2.1 Approximately 300,000 GSF and 210,000 NOSF Court facility with
approximately nine stories above grade with an assumed construction cost of
approximately $50,748,000 (excluding pre-construction costs, fees, FFE and AIV
costs, telephone & data costs and all escalation and contingency costs).
2.5 Deep foundation system required; basement or partial basement may be provided.
ARTICLE 3 - SITE IMPROVEMENTS
3.1 No structured parking to be provided.
3.2 Provide surface parking layouts for site.
3.3 Provide for new land.scaping for the whole site with pedestrian amenities adjacent
to the canal.
Page B-1
October 7. 2003
EXHIBIT C AMENDED
GENERAL PROVISIONS FOR ARCHITECTURAL SERVICES
This is an exhibit attached to and made a part of the AGREEMENT between the
OWNER and the ARCHITECT for professional architectural services. For elements of
the PROJECT which are primarily building improvements, described in the referenced
AGREEMENT, the ARCHITECT shall perform professional services as hereinafter
described, which shall include customary architectural, structural, mechanical, and
electrical engineering services. These services, when performed in accordance with
acceptable engineering and architectural practices, shall be the limits of the Architect's
responsibility under this AGREEMENT.
These General Provisions set forth the general requirements for the performance
of the various architectural services for projects required under this AGREEMENT. The
ARCHITECT under each duly executed Work Authorization shall perform the scope of
work required by such Authorization, and, unless requirements to the contrary are
specifically prescribed therein, shall perform the required services in accordance with the
following requirements.
ARTICLE 1 - ARCHITECT'S BASIC SERVICES
The Architect's basic services shall be as outlined in Paragraphs 1.0 through 1.3,
below and further described in Exhibit "A", Scope of Services, and shall include
architectural, interior design, including furniture, fixtures and equipment, structural,
mechanical and electrical engineering services. A general description of the Project is
provided in Exhibit "B", Project Description. The Project is divided into ten major
Phases. Each Major Phase of the Project shall be authorized by the Owner with separate
Work Authorizations, as per Exhibit "F", Sample Work Authorization Form. The
Architect shall proceed with each Phase, ONLY upon receipt of an executed Work
Authorization from the Owner and in accordance with the Project Schedule, as per the
Preliminary Project Schedule, Exhibit "G", which the Parties hereto acknowledge may
be modified from time to time based upon availability of funding or other causes.
SECTION I - PHASES
1.0 Proiect Definition Services
1.0.0 Proiect Definition Phase
1.0.1 The ARCHITECT shall review the program and budget furnished by the
OWNER to ascertain the requirements of the Project and shall review its
understanding of such requirements with the OWNER.
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October 7,2003
1.0.2 The ARCHITECT shall validate the space requirements provided by the
OWNER, by means of interviews with user groups, and meetings with the
OWNER to validate the capital budget.
1.0.3 The ARCHITECT shall develop conceptual options for the new facility,
establish the probable phasing and location of courts and related functions,
and prepare cost estimates for various scenarios.
1J Preliminary Design Services
1.1.0 Schematic Design Phase
1.1 .1 The ARCHITECT shall review the program and budget approved by the
OWNER in the Project Definition Phase to confirm the requirements of
the Project and shall review its understanding of such requirements with
the OWNER.
1.1.2 Based upon the approved program and budget, the ARCHITECT shall
prepare, for approval by the OWNER, Schematic Design Documents
consisting of drawings and other documents illustrating the scale and
relationship of Project components.
1.1.3 The ARCHITECT shall prepare a preliminary statement of probable
construction cost based upon current area, volume or other unit costs. The
ARCHITECT shall review and comment on the estimate of construction
cost prepared and, if requested by the OWNER, shall consult with the
OWNER about changes as required to reduce the cost, as directed by the
OWNER.
1.2 Preliminary Design Services
1.2.0 Design Development Phase
1.2.1 Based upon the approved Schematic Design Documents and any
adjustments authorized by the OWNER in the program or Project budget,
the ARCHITECT and the consultants shall prepare, for approval by the
OWNER, Design Development Documents consisting of drawings and
other documents to fix and describe the size and character of the Facility
as to architectural, structural, mechanical and electrical systems, materials
and such other elements as may be appropriate.
1.2.2 The OWNER shall review the Design Development Documents and
advise the ARCHITECT of any revisions which are recommended.
1.2.3 The ARCHITECT shall furnish an updated estimate of the probable cost
of construction for the New Facility. The ARCHITECT shall review and
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October 7,2003
comment on the estimate of construction cost prepared and, if requested
by the OWNER, shall consult with the OWNER about changes as
required to reduce the cost of the Facility.
1.3 Final Design and Construction Services
1.3.0 Construction Documents Phase
1.3.1 Based upon the approved Design Development Documents and any
further adjustments authorized by the OWNER in the program or the
Facility budget, the ARCHITECT shall prepare, for approval by the
OWNER, Construction Documents consisting of drawings and
specifications setting forth in detail the requirements for the construction
of the Facility. No construction documents shall be released for bidding
until the Construction Documents are complete for the purpose intended
and approved by the OWNER.
1.3.2 The ARCHITECT shall assist the OWNER in connection with their
responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the Project.
1.3.3 When the Construction Documents are 50% and 100% complete, the
ARCHITECT shall furnish updated estimates of the probable cost of
construction of the Project. The ARCHITECT shall review and comment
on the estimate of construction cost prepared and, if requested by the
OWNER, shall consult with the OWNER about changes as required to
reduce the cost of the Facility.
1.4 Final Design and Construction Services
1.4.0. Bid Phase
1.4.1 The ARCHITECT, following the OWNER's approval of the
Construction Documents and of the latest statement of probable
construction cost, shall assist the OWNER in reviewing bids and in
awarding and assisting the OWNER in preparing the contract for
construction. Notwithstanding the OWNER's approval of the
Construction Documents, the ARCHITECT shall remain responsible for
compliance with all code and regulatory compliance and for any errors or
omissions in the Construction Documents. It is intended that the terms and
conditions for the OWNER's agreement with the Contractor shall be
consistent with the terms of this AGREEMENT. In the event that there
are any inconsistencies between the terms and conditions of the
OWNER's agreement with the contract for construction and this
AGREEMENT, the terms of this AGREEMENT shall control.
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October 7, 2003
, .
J. 4. 2 The Construction Documents prepared by the ARCHITECT pursuant to
this AGREEMENT and by the consultants, including the structural,
mechanical and electrical engineers, the contract for construction with the
Contractor, the conditions thereof, and any addenda, modifications or
change orders shall be referred to hereafter as the "Contract Documents."
1.4.3 The ARCHITECT's assistance in obtaining bids or preparing a bid list
shall not constitute a representation as to the financial solvency of any
bidder. The OWNER shall be responsible for taking all necessary steps to
verify the financial status of such bidders including, where deemed
necessary by the OWNER, requiring the Contractor to secure
performance or payment bonds as a condition of performing the work.
1.4.4 The ARCHITECT shall assemble, print and assist the OWNER in
distributing bid packages to all bidders, and shall answer inquiries from
bidders and prepare necessary interpretations, clarifications and addenda
to the Construction Documents issued for bid. The cost of printing shall be
directly billable to the OWNER. The ARCHITECT shall assist the
OWNER in conducting a pre-bid conference in order to share pertinent
bidding and technical information and requirements with prospective
bidders.
1.4.5 The ARCHITECT shall assist in the preparation of alternates and
substitutions and review and approve submittals of such proposals where
appropriate. Any material changes to the Construction Documents due to
such alternates or substitutions will be compensated as an additional
serVIce.
1.5 Final Design and Construction Services
1.5.0 Contract Administration Phase
1.5.1 Contract Administration shall commence with the award of any contract
for construction or the issuance of a Work Authorization and, together
with the ARCHITECT's obligation to provide basic services under such
Work Authorization, shall terminate upon the earlier of the date when final
payment to the prime Contractor is due or sixty (60) days after substantial
completion of the Facility.
1.5.2 The ARCHITECT shall visit the site and attend the construction meetings
held on the day of its site visit twice per month not to exceed twenty four
(24) visits per year, to become generally familiar with the progress and
quality of the work and to determine in general if the work is proceeding
substantially in accordance with the Construction Documents. However,
the ARCHITECT shall not be required to make exhaustive or continuous
Page C - 4
October 7,2003
on-site inspections to check the quality or quantity of the work. On the
basis of such on-site observations, the ARCHITECT shall advise the
OWNER of the progress and observed defects or deficiencies in the work
of the prime contractors. Additional site visits shall be deemed to be
additional services.
1.5.3 The ARCHITECT shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
work, for the acts or omissions of any of the contractors, subcontractors or
any other persons performing any of the work, or for the failure of any of
them to meet their schedules for completion or to carry out the work in
accordance with the Contract Documents.
1.5.4 Based on its observation of the work pursuant to Paragraph 1.5.2, and its
review of the monthly requisitions for payment prepared by the
Contractor, the ARCHITECT shall recommend payment by the OWNER
to the Contractor in accordance with the ARCHITECT's professional
judgment as to the quantity and quality of the work performed as of each
requisition. The ARCHITECT's recommendation of certification for
payment shall constitute a representation to the OWNER, based on the
ARCHITECT's periodic observations of the Work as provided in
Paragraph 1.5.2, and on the data comprising the Contractor's Application
for Payment, that to the best of the ARCHITECT's knowledge,
information and belief, the work has progressed to the point indicated and
that the quality of the work is in accordance with the Construction
Documents prepared by the ARCHITECT. The foregoing representations
are subject (1) to an evaluation of the work for conformance with the
Construction Documents upon substantial completion, (2) to results of
subsequent tests and inspections, (3) to correction of minor deviations
from the Construction Documents prior to completion, and (4) to specific
qualifications expressed by the ARCHITECT.
1.5.5 The ARCHITECT shall consult and recommend to the OWNER
rejection of work which does not conform to the Construction Documents.
However, neither this authority of the ARCHITECT nor a decision made
in good faith either to exercise or not to exercise such authority shall give
rise to a duty or responsibility of the ARCHITECT to the Contractor,
subcontractors, material and equipment suppliers, their agents or
employees or other persons or entities performing portions of the work.
1.5.6 The ARCHITECT shall review and take appropriate action on Contractor
submittals, such as shop drawings, product data and material samples, for
conformance with the design concept of the work and with the information
given in the Construction Documents. Such action shall be taken with
reasonable promptness so as to avoid delay. The ARCHITECT's review
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October 7, 2003
, .
may be delayed if such submittals are not delivered to the ARCHITECT
in accordance with the submittal schedule agreed to by the OWNER, the
ARCHITECT and the Contractor. The ARCHITECT's review of a
specific item shall not extend to review of an assembly of which the item
is a component. When professional certification of performance
characteristics of materials, systems or equipment is required by the
Construction Documents, the ARCHITECT shall be entitled to rely on
such certification to establish that the materials, systems or equipment will
meet the performance criteria of the Construction Documents.
1.5.7 The ARCHITECT shall review change orders prepared by the OWNER
and make recommendations to the OWNER for approval or disapproval
of such requests, and issue any necessary bulletins. Any changes to the
Construction Documents resulting from change orders not the fault of the
ARCHITECT shall be an additional service.
1.5.8 The ARCHITECT shall review reasonable, properly prepared, timely
requests by the Contractor for additional information about the
Construction Documents. Such requests shall be in a form prepared or
approved by the ARCHITECT and shall include a detailed written
statement that indicates the specific Drawings or Specification in need of
clarification and the nature of the clarification requested.
1.5.9 The ARCHITECT shall conduct inspections to determine the dates of
substantial completion and final completion, shall receive from the
Contractor and forward to the OWNER for the OWNER's review written
warranties and related documents required by the Contract Documents and
assembled by the Contractor. After the Contractor notifies the
ARCHITECT that the Project is substantially complete and the
ARCHITECT, based on its observations, concurs in this determination,
the ARCHITECT shall prepare a punch list for the Project identifying
items which the ARCHITECT has observed as requiring remedial work.
ARTICLE 2 - RESPONSIBILITY OF OWNER
2.1 The OWNER shall provide full information regarding its requirements for the
. Project, including a program which shall set forth the OWNER's design
objectives, constraints and criteria, including space requirements and
relationships, flexibility and expendability, special equipment and systems and
site requirements.
2.2 The OWNER shall provide a proposed budget for the Facility, which shall
include contingencies for bidding, changes in the work during construction, and
other costs which are the responsibility of the OWNER.
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October 7,2003
2.3 The OWNER shall furnish a legal description and a certified land survey of the
site, giving, as applicable, grades and lines of streets, alleys, pavements, and
adjoining property; rights-of-way, restrictions, easements, encroachments, zoning
deed restrictions, boundaries and contours of the site; locations, dimensions and
complete data pertaining to existing buildings, other improvements and trees; and
full information concerning available service and utility lines, both public and
private, above and below grade, including inverts and depths.
2.4 The OWNER shall furnish the services of geotechnical engineers, soil engineers
or other consultants when such services are deemed necessary by the
ARCHITECT. Such services shall include, as required, test borings, test pits,
soil bearing values, percolation tests, air and water pollution tests, ground
corrosion and resistivity tests, including necessary operations for determining
subsoil, air and water conditions, with reports and appropriate professional
recommendations.
2.5 The OWNER shall furnish struchlral, mechanical, chemical and other laboratory
tests, inspections and reports as required by law or the Contract Documents.
2.6 The OWNER shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including such auditing
services as the OWNER may require to verify the Contractor's applications for
payment.
2.7 The services, information, surveys and reports required by Paragraphs 2.3 through
2.6 inclusive shall be furnished at the OWNER's expense, and the ARCHITECT
shall be entitled to rely upon the accuracy and completeness thereof.
2.8 If the OWNER observes or otherwise becomes aware of any fault or defect in the
Project or nonconformance with the Contract Documents, prompt written notice
thereof shall be given by the OWNER to the ARCHITECT.
2.9 The OWNER has designated the Assistant Director of Public Works, Facilities
Maintenance Division, as its representative authorized to act on the OWNER's
behalf with respect to the Project. The OWNER or such designated
representative(s) shallexamine all documents and other information submitted by
the ARCHITECT and shall give comments and render decisions and approvals
pertaining thereto with reasonable promptness and in compliance with the project
schedule as agreed by the OWNER and the ARCHITECT.
2.10 The OWNER shall provide reviews, direction, and render decisions in a timely
manner pertaining to documents and requests submitted by the ARCHITECT in
order to avoid unreasonable delay in the orderly and sequential progress of the
ARCHITECT's services
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October 7, 2003
, '
2.11 The OWNER shall make available for the ARCHITECT's use all record
drawings, maps, information as to unusual conditions or practices affecting the
ARCHITECT's services, soil data, etc., that are available to the OWNER.
2.12 The OWNER shall pay all costs associated with special services authorized by
the OWNER and all costs associated with obtaining bids from Contractors,
including but not limited to cost of printing, postage and public notice of
advertisement and all costs associated with submittals to regulatory agencies for
fees, permits, etc.
2.13 The OWNER shall give ARCHITECT the right to take photographs of the
Project or any Phase thereof for its own use.
2.14 The OWNER shall pay all costs incidental to compliance with requirements of
these paragraphs, excepting paragraph 2.13.
ARTICLE 3 - CONSTRUCTION COST
3 .1 The construction cost shall be the total cost or estimated cost to the OWNER of
all elements of the Project designed, specified or coordinated by the
ARCHITECT and its consultants.
3 . 2 The construction cost shall include at current market rates, including a reasonable
allowance for overhead and profit and contingencies, the cost of labor and
materials furnished by the OWNER, or any contractor or supplier and any
equipment which has been designed, specified, selected, coordinated or specially
provided for by the ARCHITECT and its consultants.
3 . 3 Construction cost does not include the compensation of the ARCHITECT and
the ARCHITECT's consultants, reimbursable expenses of the ARCHITECT or
any consultant of the OWNER or the ARCHITECT.
3 . 4 Evaluations of the OWNER's budget for the various Phases or statements of
probable construction cost, if any, prepared by the ARCHITECT, represent the
ARCHITECT's best judgment as a design professional familiar with the
construction industry. It is recognized, however, that neither the ARCHITECT
nor the OWNER has control over the cost of labor, materials or equipment, over
the Contractor's methods of determining bid prices, or over competitive bidding,
market or negotiating conditions. Accordingly, the ARCHITECT cannot and
does not warrant or represent that bids or negotiated prices will not vary from the
budgets proposed, established or approved by the OWNER, if any, or from any
statement of probable construction cost or other cost estimate or evaluation
prepared by the ARCHITECT.
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October 7, 2003
3 . 5 If a Project budget or fixed limit of construction cost is exceeded by the lowest
bona fide bid, the OWNER shall (1) give written approval of an increase in such
fixed limit, (2) authorize re-bidding or renegotiation within a reasonable time, (3)
if the Project Phase is to be abandoned, terminate for convenience in accordance
with Paragraph 5.2, or (4) cooperate with the ARCHITECT, who, as an
additional service, both shall revise the Project Phase's scope and quality as
required to reduce the construction cost and shall assist with re-bidding or
renegotiating, provided that, however, if the lowest bona fide bid exceeds the
Project Phase budget by more than twelve (12%) percent, then such revision of
the Project Phase's scope and quality to reduce the construction costs and the
associated required re-bidding or renegotiation shall be part of the
ARCHITECT'S basic services.
ARTICLE VI - OWNERSHIP AND USE OF DOCUMENTS
4.1 The OWNER shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information and reference in connection with
the OWNER's use and occupancy of the Project. The drawings and
specifications shall not be used by the OWNER on other projects, or for
completion of this Project by others provided the ARCHITECT is not in default
under this AGREEMENT, except as provided herein.
4.2 Submission or distribution to meet official regulatory requirements or for other
purposes in connection with the Project is not to be construed as publication in
derogation of the ARCHITECT's rights.
4.3 As a condition to final payment, the ARCHITECT shall provide the OWNER
with copies of CADD files reflecting the final design of the project (the "CADD
files") for the OWNER's use in connection with its occupancy of the Project
premises. The Architect may delete from said CADD files information identifying
the Architect or specific to the Architect such as is typically included in the title
block. The OWNER acknowledges that the ARCHITECT retains the copyright
in the work product reflected on the CADD files and that the OWNER's license
to use and modify such work product is limited to use in cOllilection with the
Project for which they were prepared. The OWNER recognizes that the CADD
files are furnished for the convenience of the OWNER and they do not supersede
or replace information contained on the record hard copies of the Construction
Documents as issued by the ARCHITECT. The parties acknowledge that there
are numerous factors which may result in errors or discrepancies in data on disc,
including without limitation, translation errors, disc malfunctions and user error.
Accordingly, all use and modification of the CADD files is at the OWNER's sole
risk and the ARCHITECT shall have no liability therefor.
4.4 The OWNER further agrees that in the event that it, its officers, elected officials,
employees, agents or independent contractors use the CADD files as permitted
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October 7,2003
herein, to the fullest extent permitted by law, it shall hold harmless
ARCHITECT, its partners and employees, from any and all actions, claims,
damages, demands, liabilities, losses, judgments, costs or expenses, which any of
them may incur as a result of such use of, alterations to, deviations from, or
additions to the drawings, specifications and other work product depicted on the
CADD files. The ARCHITECT's title block shall be removed from any discs or
drawings produced therefrom which are filed with public authorities or are
otherwise distributed to third parties.
4.5 All documents including drawings and specifications prepared by the
ARCHITECT pursuant to this AGREEMENT are instruments of service with
respect to the PROJECT. They are not intended or represented to be suitable for
reuse by OWNER or others on extensions of the PROJECT or on any other
PROJECT. Any reuse without written verification will be at OWNER's sole risk
and with no liability or legal exposure to ARCHITECT. Any such verification
or adaptation will entitle ARCHITECT to further compensation at rates to be
agreed upon by OWNER and ARCHITECT. Notwithstanding these provisions
the OWNER shall be provided upon request a reproducible copy of any drawing
produced under this AGREEMENT at the cost of reproduction, and will be
permitted full use of such documents subject to the limitations set forth herein.
ARTICLE 5 - TERMINATION
5.1 This AGREEMENT or any Work Authorization may be terminated in whole or
in part in writing by either party in the event of substantial failure by the other
party to fulfill its obligations under this AGREEMENT or any Work
Authorization through no fault of the terminating party, provided that no such
termination may be effected unless the other party is given:
5.1.1 Not less than 10 calendar days written notice of intent to terminate; and,
5.1.2 An opportunity for consultation with the terminating party prior to
termination.
5.2 This AGREEMENT or any Work Authorization may be terminated in whole or
in part in writing by either party without cause on sixty (60) days written notice.
5.3 Upon receipt of a termination notice, the ARCHITECT shall promptly
discontinue all services affected (unless the notice directs otherwise) and deliver
or otherwise make available to the OWNER all data, drawings, specifications,
reports, estimates, summaries, and such other information and materials as may
have been accumulated by the ARCHITECT in performing this AGREEMENT
or any Work Authorization, whether completed or in process.
5.4 If this AGREEMENT or any Work Authorization is terminated by either party,
the ARCHITECT shall be paid for services rendered pursuant to this
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October 7, 2003
AGREEMENT or any Work Authorization including payment for any services
required or expenses incurred for the purpose of terminating this AGREEMENT
or Work Authorization. If termination of the AGREEMENT occurs at the
conclusion of one phase and prior to authorization of the OWNER to begin the
next phase, payment by the OWNER of the completed phase shall be considered
full compensation due the ARCHITECT.
ARTICLE 6 - SUSPENSION OF THE PROJECT
6.1 In the event any Phase of the Project which has been authorized by a Work
Authorization is suspended in whole or in part for more than ninety (90)
consecutive days, the ARCHITECT shall be compensated for all services
performed prior to receipt of written notice of such suspension, together with
demobilization costs and reimbursable expenses due. The ARCHITECT sha~l
resume work upon thirty (30) days notice from the OWNER provided that the
OWNER shall compensate the ARCHITECT and its consultants for any
remobilization costs incurred in connection with the suspension. The
ARCHITECT's compensation shall also be increased to offset any increase in
the ARCHITECT's costs during the period of suspension.
6.2 Any services requested by the OWNER and performed by the ARCHITECT
during a period of suspension shall be compensated as additional services.
ARTICLE 7 - PROJECT CONDITIONS
7.1 Hidden Conditions on the Proiect Site. It is impossible to anticipate all problems
that may arise in connection with the Project until full exploratory testing can be
performed by the OWNER's consultants during the course of construction.
While the ARCHITECT shall seek to determine any problems that might arise, it
is not possible to detect hidden conditions which might be uncovered once
construction begins. In the event such unanticipated or hidden conditions are
. uncovered, the ARCHITECT shall notify the OWNER of same. The
ARCHITECT shall not be responsible for additional costs or delays resulting
from such conditions.
7.2 Hazardous and Toxic Materials. This Project may uncover hazardous or toxic
materials or pollutants, including, but not limited to asbestos-related materials,
lead, polyvinyl chloride and soil contaminants. Notwithstanding any provisions
in this Agreement to the contrary, the ARCHITECT and its consultants are not
responsible for the performance of any services in connection with or related to
such materials and the OWNER hereby agrees to retain an expert or experts to
arrange for the prompt identification of, and/or removal or treatment of such
materials identified during the course of the Project. The OWNER further
agrees, to the fullest extent permitted by law, to defend, and hold the
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October 7,2003
ARCHITECT and its partners, officers, directors, shareholders, agents and
employees, harmless from any claims, liabilities, injuries, costs or expenses,
incurred by any of them arising out of, or in any way related to the existence of
such materials on the Project.
ARTICLE 8 - INSURANCE
8.1 The ARCHITECT will provide and maintain the following insurance coverages
on an occurrence or claims made basis, as applicable, underwritten by insurance
carriers reasonably satisfactory to OWNER and licensed to do business in the
State of Georgia.
Type of Insurance
Limits
A.
Worker's Compensation
Statutory
B.
Employer's Liability
Not less than
$100,000/$100,000/$300,000
C.
Comprehensive General
Liability, including Blanket
Contractual Liability,
Broad Form Property
Damage, Personal Injury
Not less than $1,000,000 Bodily
Injury and Property Damage or
$2,000,000 general aggregate
D. Comprehensive
Auto Liability, including
non-owned and hired car
coverage
Not less than $3,000,000 Bodily
Injury and $1,000,000 Property
Damage or $1,000,000 combined
single limit
E.
Professional Liability
Not less than $1,000,000 per
claim and $2,000,000 annual
aggregate with a $25,000
deductible.
8.2. The aforesaid policies will provide that they will not be cancelled or terminated
and the limit of coverage will not be reduced until at least thirty (30) days prior
notice thereof shall have been given to the OWNER. The ARCHITECT shall
deposit certificates of such insurance with the OWNER upon execution of this
AGREEMENT. The OWNER shall be named as an additional insured with
respect to all of the above policies except Workers' Compensation Insurance and
Professional Liability Insurance, and the ARCHITECT shall maintain this
insurance in force for a period of at least three (3) years after the completion of
the Project in the amounts stated above. ARCHITECT shall maintain all
insurance coverage noted above at ARCHITECT's sole cost and expense.
Page C - 12
October 7, 2003
.: ! .
ARTICLE 9 - RESPONSIBILITY OF ARCHITECT
9.1 The ARCHITECT shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of all designs, drawings,
specifications, reports, and other services furnished by the ARCHITECT under
this AGREEMENT with such obligations being satisfied when performed in
accordance with the standard of care exercised by the profession of architecture
generally.
9.2 As part of its basic services, the ARCHITECT shall retain the following
consultants as required in connection with the Project: civil, landscape, structural,
mechanical, electrical, plumbing and fire protection engineers, cost estimating,
acoustical, audio-visual, voice and data communications, lighting, interiors,
graphics, elevator and security consultants.
9.3 Approval by the OWNER and other agencies of drawings, designs,
specifications, reports, and incidental engineering work or materials furnished
hereunder shall not in any way relieve the ARCHITECT of his responsibility for
the technical adequacy of his work except as to matters involving peculiar
conditions or uses of the property known to the OWNER or other agencies but
not to the ARCHITECT.
9.4 The ARCHITECT shall perform its services as expeditiously as is consistent
with professional skill and care and the orderly progress of the work. Upon
request of the OWNER, the ARCHITECT shall submit for the OWNER's
approval, revisions to the Preliminary Project Schedule for the performance of
the ARCHITECT'S services, Exhibit "G", with additional detail as may be
reasonably required, which shall be adjusted as required as the Project's Phases
proceed and shall include allowances for periods of time required for the
OWNER's review and approval of submissions, and for approvals of authorities
having jurisdiction over the Project. This schedule and the adjustments thereto,
when approved by the OWNER, shall not, except for reasonable cause, be
exceeded by the ARCHITECT, provided that the ARCHITECT shall not be
responsible for delays outside its control.
ARTICLE 10 - LIABILITY
10.1 The ARCHITECT shall not be responsible or held liable for consequential
damages including loss of profit, loss of investment, loss of product or business
interruption. In no event shall the ARCHITECT's liability pursuant to this
AGREEMENT exceed the available proceeds of the insurance coverage
maintained by the ARCHITECT pursuant to Article 8 ofthis AGREEMENT.
10.2 The ARCHITECT shall not be responsible for any time delays in the Project
caused by the loss or destruction of any portion of the Project including, but not
Page C - 13
October 7, 2003
limited to, fire, theft, smoke, storm, vandalism, sudden or accidental damage from
irregularities in electrical current, or any other circumstance beyond the
ARCHITECT's control.
10.3 Subject to the foregoing terms of this section, ARCHITECT agrees to indemnify,
defend and save harmless the OWNER, its officers, agents, and employees from
any and all losses, claims, costs or damages, including reasonable counsel fees, to
the extent resulting from any negligent acts, errors or omissions by the
ARCHITECT and its employees, in connection with or incident to its
performance of this Contract.
ARTICLE 11- MISCELLANEOUS PROVISIONS
11.1 Audit - Access to Records
11.1.1.1 The ARCHITECT shall maintain books, records, documents, and
other evidence directly pertinent to the work under this AGREEMENT in
accordance with generally accepted accounting principles and practices. The
OWNER, or any of their duly appointed representatives shall have access to any
books, documents, papers, records, and other evidence for the purpose of
examination, audit, excerpts, and transcriptions.
11.1.1.2 Records described above shall be maintained and made available
during the performance under this AGREEMENT and for a period of three years
after the OWNER makes final payment and all other pending matters are closed.
11.2 Venue.
1l.2.1 All claims, disputes and other matters in question between the OWNER
and ARCHITECT arising out of or relating to this AGREEMENT, or the breach
thereof, shall be subject to mediation as a condition precedent to the institution of
legal or equitable proceedings by either party. Legal proceedings shall be decided
in the Superior Court of Richmond County, Georgia. ARCHITECT, by
executing this AGREEMENT, specifically consents to jurisdiction and venue in
Richmond County and waives any right to contest the venue in the Superior Court
of Richmond County, Georgia.
11.2.2 The Owner and the Architect shall endeavor to resolve claims, disputes
and other matters in question between them by mediation which, unless the
parties mutually agree otherwise.
11.3 Headings. The headings of the Exhibits, Sections, Schedules, and Attachments as
contained in this AGREEMENT are for the purpose of convenience only and
shall not be deemed to expand, limit or change the provisions in such Exhibits,
Sections, Schedules, and Attachments.
Page C - 14
October 7, 2003
,f:' ;1(.'
11.4 Assignment. ARCHITECT acknowledges that its services are unique and
personal and its rights under this AGREEMENT may not be assigned or its
duties or obligations delegated without the express written consent of OWNER.
11.5 No Hire. ARCHITECT shall not engage in employment discussions with an
official or employee of OWNER who has worked or participated personally and
substantially in the bidding, contracting, or the contracting process for this
contract, for the purpose of inducing or attempting to induce such official or
employee to leave Augusta's employ. Failure to comply with this provision shall
be considered a breach ofthe contract and grounds for rescission of the contract.
] ].6 Third Party Relationships. Nothing contained in the AGREEMENT shall create a
contractual relationship with, an obligation to, or a cause of action in favor of any
third-party against either the OWNER or the ARCHITECT. ARCHITECT
further agrees and acknowledges that ARCHITECT is not authorized under the
terms of this Contract to bind the OWNER in any contractual undertakings with
any third party as a result of said Contract, and ARCHITECT will not make any
representation that it is capable of binding the OWNER.
11.7 Severability. If at any time, any term or provision of this AGREEMENT shall be
found to be invalid or unenforceable, the remaining provisions hereof shall, to the
fullest extent permitted by law, remain in full force and effect.
11.8 No Waiver. No failure on the part of either party to exercise and no delay in
exercising, any right or remedy hereunder shall operate as a waiver thereof; nor
shall any single or partial exercise by either party of any right or remedy
hereunder preclude any other or further exercise thereof or the exercise of any
other right or remedy.
11.9 Captions. Captions of sections, paragraphs, subparagraphs, and clauses of this
AGREEMENT are for convenience and reference only.
11.10 Personal Liability. To the fullest extent permitted' by law, no personal liability
shall accrue under this AGREEMENT against any individual, partner, officer,
director, shareholder, representative, agent, employee, fiduciary or principal
(disclosed or undisclosed) of the OWNER or ARCHITECT.
11.11 Governing Law. The validity, performance, and all matters relating to the
interpretation and effect of this Agreement and any amendment thereto shall be
governed by the laws of the State of Georgia.
11.12 Successors and Assigns. The OWNER and the ARCHITECT, respectively, bind
themselves, their partners, officers, directors, shareholders, successors, assigns
and legal representatives to the other party to this AGREEMENT and to the
partners, officers, directors, shareholders, successors, assigns and legal
Page C - 15
October 7, 2003
,. f ~ :'/(.
representatives of such other party with respect to all covenants of this
AGREEMENT. Neither the OWNER nor the ARCHITECT shall assign,
sublet or transfer any interest in this AGREEMENT without written consent of
the other.
11.13 Complete Agreement. This AGREEMENT represents the entire understanding
between the OWNER and the ARCHITECT and supersedes all prior
negotiations, representations or agreements, either written or oral. This
AGREEM'ENT may be amended only in writing if signed by both the OWNER
and the ARCHITECT.
11.14 Certificates. The proposed language of certificates, certifications or statements
requested of the ARCHITECT or ARCHITECT's consultants shall be submitted
to the ARCHITECT for review and approval at least fourteen (14) days prior to
execution. The OWNER shall not request certifications that would require
knowledge or services beyond the scope of this AGREEMENT.
11.15 Force Majeure. The ARCHITECT shall not be responsible for the consequences
of acts of God (such as tornado, flood, hurricane, etc.); the OWNER's,
Contractor's, and their respective agents', employees', and subcontractors' acts,
omissions to act, or failures to timely act; strikes, lockouts, or other labor
disturbances; riots, insurrections and civil commotions; embargoes; shortage or
unavailability of materials, supplies, labor, equipment and systems, sabotage,
vandalism, changes in the requirements of laws, statutes, regulations, and other
legal requirements; orders or judgments; and any other similar matters beyond the
reasonable control of the ARCHITECT.
11.16 Notices. Notices required pursuant to this AGREEMENT shall be sufficient if
delivered personally or by registered or certified mail, return receipt requested, as
follows:
To the OWNER:
Attention:
George Kolb
Admi nistrator
530 Greene Street
Room 80 I
Augusta, Georgia 30911
With a copy to:
James B. Wall
City Attorney
P.O. Box 2125
Augusta, Georgia 30903
To the.ARCHITECT:
Page C - 16
October 7,2003
,-:: '0.
Attention:
Oscar L. Harris, A.LA.
Turner Associates / Architect's and Planners, Inc
Suite 200
215 Peachtree Street
Atlanta, Georgia 30303
ARTICLE 12 - SPECIAL SERVICES
12.1 Additional or supplemental services shall be provided by the ARCHITECT if
authorized or confirmed in writing by the OWNER, and shall be paid for by the
OWNER as provided in this AGREEMENT, in addition to the compensation for
basic services. Such services include but are not limited to the following:
12.1.1 Preparing planning surveys or preparing special surveys, studies and
submissions required for approvals of governmental authorities or others
having jurisdiction over the Project.
12.1.2 Providing services related to future or temporary facilities, systems and
equipment which are not intended to be constructed during the
construction phases or alternate systems considered after completion of
the Design Development Phase.
12.1.3 Providing services to investigate eXIstmg conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings or
other information furnished by the OWNER except as otherwise provided
for in this Agreement relative to the existing facilities on site.
12.1.4 Preparing documents or providing additional services for alternate,
multiple, separate or sequential bids, special phasing, alternate delivery
methods or providing extra services in connection with bidding,
negotiation or construction, when requested by the OWNER.
12.1.5 Providing coordination of work performed by separate contractors or by
the OWNER's own forces.
12.1.6 Providing estimates of construction cost, analyses of owning and operating
costs, detailed quantity surveys, valuations or inventories of material,
equipment, and furniture or detailed analyses, including quantity reviews,
of bids in excess of the services provided as basic services.
12.1. 7 Providing services required in connection with construction performed by
the OWNER.
12.1.8 Preparing to serve or serving as an expert witness or performing other
support services in connection with any public hearing, mediation or legal
Page C - 17
October 7, 2003
... ~ r;1 .. ......
proceeding, other than for any dispute between the OWNER and
ARCHITECT.
12.1.9 Making revisions to drawings or other documents which are inconsistent
with prior approvals of the OWNER, which are necessary as a result of
material changes in the program, budget or scope of the Project or any
Phase of the Project, or which are necessary as a result of changes in
applicable laws and regulations which become effective after such
documents were prepared.
12.1.10 Providing off-site observations as requested by the OWNER.
12.1.11 Providing any other services not otherwise included in this agreement
including, but not limited to fountain design, food service equipment
design, under-slab drainage system design or design of computer systems,
LAN systems or computer software.
12.1.12 Providing more than two reviews of Contractor's submittals to the extent
that additional reviews were required due to the fault of the Contractor.
ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1 Exhibit "E", Payments and Miscellaneous Provisions, specifies
requirements for payments to ARCHITECT and other miscellaneous and
mandatory provisions.
Page C - 18
October 7,2003
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JUDICIAL CENTER
WORK AUTHORIZATION # 1 - REVISED
AUGUSTA, GEORGIA
Work Authorization for Professional Services
It is agreed to undertake the following work in accordance with the provisions of our Agreement
for Professional Services dated January 7, 2003, as amended by the First Amendment to the
AGREEMENT for Professional Services dated October 7, 2003, hereinafter referred to as
AGREEMENT.
Description of Assignment:
1.1 Provide Project Definition Phase services as herein described.
1.2 The Scope of Services is as defined in Article 1 of Exhibit A Amended, dated October 7,
2003, of the AGREEMENT.
1.3 The Project Description is as defined in Exhibit B Amended, dated October 7, 2003, of
the AGREEMENT with no exceptions to the requirements therein.
1.4 The General Provisions for Architectural Services are as defined in Exhibit C
Amended, of the AGREEMENT with no exceptions to the requirements therein.
Basis of Compensation/Period of Services: ' -~,
2.1 The Payments and Miscellaneous Provisions are defined in Exhibit E dated October 7,
2003, of the AGREEMENT. A project initiation fee of eighty-one thousand dollars
($81,000) has previously been paid in connection with the Original Work Authorization
# I, with the purpose of said fee to be to avoid hardship to the ARCl{ITECT by providing
cash flow to the ARCHITECT for the performance of the ARCHITECT's services until
the first regularly scheduled payment was received from the OWNER.The amount ofthe
project initiation fee shall be credited against the payments to the ARCHITECT.
2.2 _ The method of payment shall be lump sum with a Fee of four hundred thirty four
thousand six hundred forty-one dollars ($434,641) of which a Fee of which two hundred
eighty-seven thousand eight hundred seventy-eight dollars ($287,878) has already been
invoiced.
1
October 7, 2003
......... ..-"..,;,......
2.3 The Reimbursable Expense Allowance shall be forty thousand dollars ($40,000), of
which $12,540.33 has already been invoiced.
2.4 The Period of Services shall be an additional 40 working days from October 7, 2003,
with a subsequent 15 working days for Owner review.
Agreed as to the terms herein:
AUGUSTA, GEORGIA
B~h
;jT~
~ ~/
ITLE : C
TURNER ASSOCIATES / ARCHITECTS AND PLANNERS, INC.
BY:
durUU~
TITLE: €IIAIItlvIkl ~
R,tit cJ~
tfAN(rps ~~'rr'
2
October 7, 2003