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HomeMy WebLinkAboutJON GUERRY TAYLOR & ASSOCIATES INC PROFESSIONAL SERVICES FOR ROBERT BAURLE BOAT RAMP GO FISH ~AIA Document 8141'" -1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services AGREEMENT made as of the Twenty Third in the year Two thousand and eight (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Augusta-Richmond County Georgia Municpal Building 530 Greene Street Augusta, GA 30901 This document has important legal consequences. Consultation with an attorney , is encouraged with respect to its completion or modification. and the Architect: (Name, address and other information) Jon Guerry Taylor 761 Colemand Blvd Suite C Mt. Pleasant, SC 29464 P.O. Box 1082 Mt. Ple~sant, SC 29465 For the following Project: (Include detailed description of Project) Professional permitting, engineering and construction administration for the Robert Baurle Boat Ramp and Fishing Tournament Facility located on the Savannah River, Augusta-Richmond County, Georgia. The Owner and Architect agree as follows: AlA Document B141™ -1997. Copyright@1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Approximately 12.. monthsdncluding construction ~ 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the ProJect such as energy, environmental or historic preservation requirements. ) ~ 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction man competitive bid none ~ 1.1.3 PROJECT TEAM ~ 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Tom Beck, CPRP Augusta Recreation 2027 Lumpkin Road P.O. Box 5605 Augusta, Georgia 30916-5605 Phone: 706-796-502 Fax: 706-796- ~ 1.1.3.2 The persons or entities, in addition to the Owner's Designated Architect's submittals to the Owner are: (List name, address and other information.) Ronald Houck Augusta Recreation and Parks Department 2027 Lumpkin Road P.O. Box 5605 Augusta, Georgia,30916-5605 ~ 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, ifknown, identify them by name and address.) Surveying: ~_~!3-E.""S.~~veyong, Inc 702 Edgefield Road North Augusta, SC 29841 Phone:803-613-0377 Fax:803-613- who are required to review the Phone: 706-796-5025 Fax: 706-796-4099 ~ 1.1.3.4 The Architect's Designated Re (List name, address and other in '0 CliEistopher Moore. Jon Guerry Tay 761 Coleman Blv Suite C Mt. Pleasant, SC 29464 Phone: 843-884-6415 Fax: 843-884-6415 Geotechnical: CSRA Testing & Engineering, Inc. 1005 Emmett Street Suite A~ Augusta, GA 30904 Phone: 706-733-6960 37-0629 AlA Document B141TM -1997. Copyright@ 1917,1926, 1948, 1951,1953 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ~ 1.2.3 ARCHITECT I ~ 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. I ~ 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with,pro nal skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approyaLa"schedule for the performance of the Architect's services which initially shall be consistent withth~'~jihe"periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. Thissche<:lUle shall include allowances for periods of time required for the Owner's review, for the performancegfth~Owiier's consultants, and for approval of submissions by authorities having jurisdiction over the Project. . elimits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded eArchitect or Owner. ~ 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. ~ 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the co ti<llity of information specifically designated as confidential by the Owner. chitect shall not engage in any activity, or acce appear to compromise the Architect's profession services and information furnished if the Architect becomes aware of any ~ 1.2.3.5 Except with the Owner's knowledge and con employment, interest or contribution that would r judgment with respect to this Project. ~ 1.2.3.6 The Architect shall reviewhlWS,codes, and regulations applicable to the Architect's shall respond in the design of the Project to requirements imposed by governmental autho over the Project. ~ 1.2.3.7 The Architect shall be entitled to rely on the accuracy and complet by the Owner. The Architect shall provide prompt written notice to the Own errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS ~ 1.3.1 COST OF THE WORK ~ 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. ~ 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding a or changes in the Work. ~ 1.3.1.3 The Cost of the Work does not include.theco nsation of the Architect and the Architect's cons costs of the land, rights-of-way and financin her costs that are the responsibility of the Owner. he ~ 1.3.2 INSTRUMENTS OF SERVIC~ ~ 1.3.2.1 Drawings, specifications ther documents, including those in electronic fo and the Architect's con~ultantsare Instruments of Service for use solely with res the Architect's consuItaritsshall be deemed the authors and owners of their res retain all common law; statutory and other reserved rights, including copy,pgr d by the Architect roject. The Architect and nstruments of Service and shall AlA Document B141™ -1997. Copyright@ 1917,1926,1948,1951,1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ 1.3.4 MEDIATION ~ 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. ~ 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matte them by mediation which, unless the parties mutually agree otherwise, shall be in a anc ith the Construction Industry Mediation Rules of the American Arbitration Association currently ill equest for mediation shall be filed in writing with the other party to this Agreement and with the Ameri n.. tion Association. The request may be made concurrently with the filing of a demand for arbitration.b such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shallpe tayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer periodj>yagreement of the parties or court order. ~ 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ~ 1.3.5 ARBITRATION ~ 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve . sutes by mediation in accordance with Section 1.3.4. ~ 1.3.5.2 Claims, disputes and other matters in questionpytweenthe parties that are not resolved by mediation shal be decided by arbitration which, unless the parties tuaVyiagree otherwise, shall be in accordance with the Cons ton Industry Arbitration Rules of the American 'OnAssociation currently in effect. The demand forarbitfation shall be filed in writing with the other s Agreement and with the American Arbitration ation. ~ 1.3.5.3 A demand for arbitration sha e made within a reasonable time after the claim, question has arisen. In no event shall the demand for arbitration be made after the d te:w nstitution of legal or equitable proceedings based on such claim, dispute or other matter in question be barred by the applicable statute of limitations. ~ 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. ~ 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ~ 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequentialga s for claims, disputes or other matters in questio out of or relating to this Agreement. This mu alwaiver is applicable, without limitation, to all conse due to either party's termination in acc with Section 1.3.8. ~ 1.3.7 MISCELLANEOUS PROVISIO ~ 1.3.7.1 This Agreementsllbegoverned by the law of the principal place of bu . otherwise provided i ori 1.4.2. ~ 1:3.7.2 Terms in this Agreement shall have the same meaning as those in e edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. AlA Document B141™ -1997. Copyright@ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. ~ 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. ~ 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be com performed prior to termination, together with Reimbursable Expenses then due and defined in Section 1.3.8.7. of the Agreement and include t otherwise compensated, plus an amount for ormed by the Architect. ~ 1.3.8.7 Termination Expenses are in addition to compensation for t expenses directly attributable to termination for which the Arch'tec the Architect's anticipated profit on the value of the services ~ 1.3.9 PAYMENTS TO THE ARCHITECT ~ 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. ~ 1.3.9.2 Reimbursable Expenses are in addition to compensation for,,! chitect's services and include expenses incurred by the Architect and Architect's employees and consultant~gIre ly related to the Project, as identified below: .1 transportation in connection with the Project ofi:ied out-of-town travel and subsistence, and electronic communications; fees paid for securing approval of,~ut .... . having jurisdiction over the Project; repr~du.ctions, plots, standa~,1J~tih,g()cuments, postage, handling and delivery of Instrum SerVIce"""".","",,,, "" expense of overtime",~2r~;:re'quiring higher than regular rates if authorized in a renderings, models and 'mock-ups requested by the Owner; expense of professional liability insurance dedicated exclusively to additional insurance coverage or limits requested by the Owner' the Architect and the Architect's consultants; Reimbursable Expenses as designated in Section 1.5.5; other similar direct Project-related expenditures. ect or the expense of of that normally carried by .2 .3 .4 .5 .6 .7 .8 ~ 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the' Owner's authorized representative at mutually convenient times. ~ 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIALJE.RMS AND CONDITIONS ~ 1.4.1 Enumeration of Parts of the Agreement. ThisAgI'ey$~nt represents the entire and integrated agreement between the Owner and the Architect and supere'sa.l1pfior negotiations, representations or agreements,yitl1.er written or oral. This Agreement may be amen rilyby written instrument signed by both Owner ag"Afchitect. This Agreement comprises the documen iste elow. ' AlA Document B141TM -1997. Copyright@ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAI/!) Document is protected by U.S. Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ~fJ' 10 ~ 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of None () times the amounts billed to the Architect for such services. ~ 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of None ( ------ ) times the expenses incurred by the Architect, and the Architect's employees and onsultants. ~ 1.5.5 Other Reimbursable Expenses, if any, are as follows: Travel mileage $0.40 per mile Application and permit fees invoiced to owner at Extra services for addtional public meetings or services will be invoiced in accordance with al non specified ached hourly rate.schedule. ~ 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary revie practices. ~ 1.5.7 An initial payment of Zero ($ 0'.' 00 ) shall be made upon execution Agreement. It shall be credited tothe Owner's accoun made monthly, and where applicable, shall be in pro Agreement. Dollars reement and is the minimum payment under this ,payment. Subsequent payments for services shall b to services performed on the basis set forth in th' s from the 45 ) days after gal rate prevailing from ~ 1.5.8 Payments are due and payab date of the Architect's invoice. Am unpaid Forty-Five the invoice date shall bear interest at the rate entered below, or in the absence there time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Interest rate of 1 % per month0or fraction (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the ProJect and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) ~ 1.5.9 If/he services covered by this Agreement have not been completed within N / A ( N . A ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. (Signature) 1Jlill;U> ? Cot!O~J-l AV"&J., (Printed name and title) (Signatur ,cChrist er Moore (Printed name and title) President LL( 4-( a- (j;f 11476 CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AlA Document B141Tl11 -1997. Copyright@ 1917,1926,1948,1951,1953 1958, 1961,1963,1966,1967,1970,1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 11