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HomeMy WebLinkAboutTURNER ASSOCIATES ARCHITECTS PLANNERS JUDICIAL CENTER -;AIA: Document 8141111 - 1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the Twentieth day of November in the year Two Thousand Seven (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Augusta Georgia, a political subdivision of the State of Georgia with offices at 530 Greene Street, Augusta, Georgia, 30911 and the Architect: (Name, address and other information) Turner Associates I Architects & Planners, Inc., with offices at 215 Peachtree Street, Suite 200, Atlanta, Georgia, 30303 For the following Project: (Include detailed description of Project) Augusta Richmond County Judicial Center The project site is bounded by Walton Way to the south and James Brown Boulevard to the east and generally bounded by the canal to the north and Tenth Street to the west with the building generally located in proximity to the southeast corner of the site adjacent to the corner of Walton Way and James Brown Boulevard. A new courthouse with space for courtroom, agencies & building support, as per the Program, and with provisions for surface parking on the project site. The Owner and Architect agree as follows: ADDmONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document 8141111 -1997 Part 1. Copyrlght @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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is not lor resale. User Notes: (635853253) Init 1 ARTICLE 1.1 INITIAL INFORMATION ~ 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not . applicable," "unknown at time of execution" or "to be determined later by mutual agreement. ") ~ 1.1.2 PROJECT PARAMETERS ~ 1.1.2. 1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) The Owner's Program will guide the design of a new Judicial Center for Augusta. The new Center will bolster the Augusta's ability to efficiently and safely attend to criminal justice, domestic litigation, civil litigation, and other legal matters. A primary benefit to achievement of this goal is a reduction of the County's burgeoning pre-trial jail population. It is the goal of the County to consolidate the majority of its judicial operations into a single Center. This includes Superior, State, CivillMagistrate and Probate Courts. It also includes the various Court Clerks, Court Support, the District Attorney, Solicitor General and Marshal. ~ 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) Approximately 7 acres bounded by Walton Way to the south and James Brown Boulevard to the east and generally bounded by the canal to the north and Tenth Street to the west as depicted in the Owner furnished "Boundary, Topographic and Utility Map", dated August 25, 2007, prepared by Cranston Engineering Group, P.c. Owner furnished geotechnical information includes Shear Wave Velocity Testing Report, dated July 2007, as prepared by Graves Engineering. ~ 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The document, dated November 8, 2007, as previously prepared by the Architect and approved by the Owner. ~ 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) Owner furnished "Boundary, Topographic and Utility Map", dated August 25, 2007, prepared by Cranston Engineering Group, P.C. ~ 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: Sixty two million ($62,000,000)..2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: Fifty two million nine hundred twenty thousand seven hundred eighty four dollars ($52,920,784). ~ 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Per the Project Schedule, dated November 20, 2007, attached as Exhibit A ~ 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Construction Management at Risk. Init AlA Document 8141111-1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute 01 Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h. may resuh In severe clvU and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 19:10:14 on 11/1412007 under Order NO.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (635853253) 2 ~ 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements. ) ~ 1.1.3 PROJECT TEAM ~ 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Mr. Fred Russell Administrator Room 801, Municipal Bldg. 530 Greene Street Augusta, GA 30911 ~ 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Mr. William B. Kuhlke, Jr. 3704 Benchmark Drive Augusta, Georgia 30309 ~ 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, ifknown, identify them by name and address.) ~ 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) David Bitter, AlA Turner Associates Architects & Planners, Inc. 215 Peachtree Street, Suite 200 Atlanta, Georgia 30303 ~ 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, ifknown, identify them by name and address.) Associate Architect, The Woodhurst Partnership, Augusta, Georgia Associate Architect, RicciGreene, New York, New York Civil Design Landscape Design, Davis Design Group, Augusta, Georgia Structural Design MEP & FP Design Voice Data Structured Cabling Design Electronic Security Design Detention Physical Security, Safetech, Marietta, Georgia Builder's Hardware, IR Security and Safety, Atlanta, Georgia Elevator Consulting, Lerch Bates, Norcross, Georgia Init. AlA Document 8141111 -1997 Part 1. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may result In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 121612007, and is not for resale. User Notes: (635853253) 3 ! 1.1.4 Other important initial information is: Architect shall execute a contractual agreement with "RicciGreene Associates" and with "The Woodhurst Partnership", with whom the Architect has associated as team members, with each to act as an associate architect. ~ 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AlA Document AZO 1, with revisions if mutually agreed to, current as of the date of this Agreement. ~ 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES ! 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respecti ve obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. ~ 1.2.2 OWNER ! 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. ~ 1.2.2.2 The Owner shall periodically update the budget for the Project, if or as required, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. ~ 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. ~ 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. ! 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. ! 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably nece~sary at any time for the Project to meet the Owner's needs and interests. ! 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 ~ 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. ~ 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the Init AlA Document 8141111-1997 Part 1. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe cIvil and crIminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 19:10:14 on 11/1412007 under Order No. 1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (635853253) 4 performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.12.6 and which shall not be adjusted unless mutually agreed to by Owner and Architect. If reasonable causes for schedule changes occur, requested changes to the schedule shall not be unreasonably objected to by either party. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect 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 confidentiality of information specifica11 y designated as confidential by the Owner. ~ 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. ~ 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. ~ 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ~ 1.2.3.8 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 $100,000/$100,0001$300,000 than 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 $50,000 deductible. The aforesaid policies will provide that they will not be cancelled or terminated and the limit of liability coverage will not be reduced by endorsement 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 AlA Document 8141111 -1997 Part 1. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 19:10:14 on 1111412007 under Order NO.1 000273663_9 which expires on 12/6/2007, and is notfor resale. User Notes: (635853253) 5 Inlt. and at yearly intervals subsequent to the 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. ~ 1.2.3.9 Approval by the Owner and other agencies of drawings, designs, specifications, reports and incidental engineering work or material 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. 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 and for changes in the Work. Contingencies shall include an estimated value for cost escalation made based on the date the Cost of the Work is estimated relative to the date the Work is constructed. ~ 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. ~ 1.3.2 INSTRUMENTS OF SERVICE ~ 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. ~ 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including timely payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. To the extent permitted by law, the Architect grants the Owner a nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for purpose of future additions or alterations to this Project. ~ 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.22. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants; any such unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. Owner's use of the AlA Document 8141111-1997 Part 1. 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. Copyrlght Law and International Treaties. Unauthorized reproduction or dIstribution of this AlA" Document, or any portion of h, may resuh In severe civil and crimInal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is notfor resale. User Notes: (635853253) 6 Init. Instruments of Service for future additions or alterations to this Project shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ~ 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ~ 1.3.2.5 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 connection 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 Arhcitect. 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. ~ 1.3.2.6 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 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. ~ 1.3.2.7 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. ~ 1.3.3 CHANGE IN SERVICES ~ 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, maybe accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. ~ 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; Inlt. AlA Document 8141111-1997 Part 1. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is nofforresale. User Notes: (635853253) 7 .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where tile Architect is party thereto; .7 change in the information contained in Article 1.1. ~ 1.3.4 MEDIA nON ~ 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 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 matters in question between them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement 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 DISPUTE RESOLUTION ~ 1.3.5.1 Architect by executing this Agreement consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia. All claims, disputes and other matters in question between the Owner and Architect arising out of or relating to this Agreement, or a breach thereof, shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The Owner and the Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation unless both parties agree otherwise. (Paragraphs deleted) ~ 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. ~ 1.3.7 MISCELLANEOUS PROVISIONS ~ 1.3.7.1 This Agreement shall be governed by the law of the State of Georgia. ~ 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document AZ01, General Conditions of the Contract for Construction, current as of the date of this Agreement, except as amended as provided in ~1.1.5 . ~ 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes oflimitations commence to run any later than the date when the Architect's services are substantially completed. ~ 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for AlA Document 8141111-1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute o! Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is no! for resale. User Notes: (635853253) 8 Init damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document AZ01, General Conditions of the Contract for Construction, current as of the date of this Agreement, except as amended as provided in ~ 1.1.5. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. ~ 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. ~ 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. ~ 1.3.7.7 With the Owner's approval, which shall not be unreasonably withheld, the Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner may, at his sole discretion, provide professional credit for the Architect in the Owner's promotional materials for the Project ~ 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ~ 1.3.7.9 The Owner and Architect, respectively, to the extent allowed by law, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. ~ 1.3.7.10 The Architect shall maintain books, records, documents, and other evidence directly pertiuent 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. 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. ~ 1.3.7.11 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 of the contract and grounds for rescission of the contract. ~ 1.3.8 TERMINATION OR SUSPENSION ~ 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give ten days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AlA Document 8141111-1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963,1966,1967,1970, 1974,1977,1987 and 1997 by The American Institute of ArcMects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may result In severe civil and crfmlnal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is notfor resale. User Notes: (635853253) 9 Init ~ 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. ~ 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. ~ 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 compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. ~ 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated,. ~ 1.3.9 PAYMENTS TO THE ARCHITECT fi 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 the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner exclusive of those otherwise required by this project; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants other than as specifically provided for in S1.2.3.8 ; .7 reimbursable expenses as designated in Section 1.5.5; .8 other similar direct Project-related expenditures. fi 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 as provided in S 1.3.7.10. fi 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. Init AlA Document 8141111-1997 Part 1. 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. 10 Unauthorized reproduction or dlstrfbutlon of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (635853253) ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS ~ 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. ~ 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B 141-1997. ~ 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA Document B 141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) Services to be provided to include normal structural, mechanical and electrical engineering, civil engineering, landscape design, electronic security system design, security hardware design, elevator systems design, voice/data structured cabling design, etc. as described in Exhibit B, titled "Professional Services" and dated November 20, 2007. ~ 1.4.1.3 Other documents as follows: (List other documents, if any,forming part of the Agreement.) ~ 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: ~ 1.4.2.1 Invoices submitted on account of Architect's services as described under Article 1.4.1.2 shall be based on a distribution of the Architect's lump sum fee to each "phase" of services as follows: Schematic Design 15% Design Development 20% Construction Documents to Issuance of GMP Documents 25% GMP Negotiation 05% Final Construction Documents 15% Contract Administration 20% ~ 1.4.2.2 Amounts billed for each phase of services shall be based on the percentage complete for each phase of service which amounts shall be calculated, unless mutually agreed to otherwise, on a straight line basis per the duration for each phase per the Project Schedule. ~ 1.4.2.3 Owner may, with reasonable cause, delay payment relative to amounts of compensation requested in invoices submitted by the Architect, in whole or in part, for service rendered by the Architect if Owner provides a reasonable basis for said delay of payment to the Architect and advises Architect of same within 10 working days of receipt of invoice by the Owner. Disputes on account of amounts of compensation requested in invoices submitted for services rendered shall not delay payment to the Architect for amounts not in dispute. ARTICLE 1.5 COMPENSATION ! 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Lump sum fee of four million one hundred fifty one thousand three hundred dollars ($4,151,300). ! 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) AlA Document 8141111 -1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963,1966,1967,1970, 1974,1977,1987 and 1997 by The Americao Institute of Architects. All rights reserved, WARNING: This AlA" Document Is protected by U.s. Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 19:10:140011/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is ootfor resale. User Notes: (635853253) Init. ~ 1.5.2.1 For services where hourly rates are used as the basis of compensation, the Architect's standard hourly rates shall be referenced for the hourly rates used. The current standard hourly rates for the year 2007 shall be subject to increase on January 1 of each year, provided that these increases shall not exceed 3% per annum. Under this method of payment, the Architect's compensation will be based on actual hours worked, by discipline, times the then current fee schedule, plus reimbursable direct non-salary expenses, including the costs of additional consultants to the Architect plus a lump sum 10% administrative fee. The cost of additional consultants to the Architect shall also be calculated based their actual hours worked times their mutually agreed to hourly rates. ~ 1.5.2.2 For work that can be defmed and delineated in advance, payment to the Architect will be made on the basis of a lump sum unless mutually agreed to otherwise. The agreed lump sum shall represent full payment for all payroll for direct salary cost, all overhead, all profit, and the non-reimbursable direct non-salary expenses as hereinafter described. The lump sum will not increase nor decrease unless there is a change in the scope, complexity, duration of the work or other change as described in Section 1.3.3. In that event, the lump sum would be subject to re-negotiation, and Architect will prepare and submit an add service request for Owner approval. ~ 1.5.2.3 For The following definitions will apply to the payments for services. Salary Cost - For purposes of this Agreement, direct salary cost is defined as the current actual cost of salaries of personnel for the time directly chargeable to the Project. Overhead - Overhead as defined herein shall be direct salary cost times the applicable overhead rate of the Architect, or its Consultant. Said "applicable overhead rate" shall be the average overhead rate of the Architect, or its Consultant, for the preceding calendar year and shall be calculated based on normal and customary accounting procedures. Direct Non-salary Expenses - These generally include items of expense directly chargeable to the Project and substantiated by appropriate documentation. Typical items may include the cost of Architect's consultants, living and traveling expenses of employees, communications expense, postage and courier, reproduction, identifiable supplies and other items that can be identified with the Project. Reimbursable expense allowances represent estimates of reimbursable expenses to be incurred by the Architect and shall not be exceeded by the Architect without prior approval of the Owner which approval shall not be unreasonably withheld. If during the course of the project it is reasonably determined that a reimbursable expense allowance will be exceeded, a revised reimbursable expense allowance will be established that reflects the revised estimates of reimbursable expenses. ~ 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of ( 1.1) 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 one point one ( 1.1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. ~ 1.5.5 Other Reimbursable Expenses, if any, and Architect's Reimbursable Expense Allowance are as follows: The Architect's reimbursable expense allowance is three hundred fifty thousand dollars ($350,000). ~ 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants to the extent set forth in this Agreement shall be adjusted in accordance with their normal salary review practices but limited to as provided for in Section 1.5.2.1. ~ 1.5.7 An initial payment of zero ($ 0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. Init AlA Document 8141111 -1997 Part 1. 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. 12 Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and crImInal penahles, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AlA sohware at 19:10:14 on 11/1412007 under Order No. 1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (635853253) ~ 1.5.8 Payments are due and payable thirty ( 30) days from the date of the Architect's invoice. Amounts unpaid sixty ( 60) days after the invoice date and not in dispute shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of bnsiness of the Architect. (Insert rate of interest agreed upon.) Current prime rate plus one percent per annum (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 eLvewhere 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 Unless otherwise mutually agreed to, if the services covered by this Agreement have not been completed within forty two point three ( 42.3 ) 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. This provision assumes that extension of the Architect's services is limited to two months during the nstruction phase with the aggregate total being limited to a five month extension of the Project Schedule relativ to the date of substantial completion. This Agreement entered into as of the day and year first written above. OWNER rf (Signature) , (/( '/J _ 1...Deke CSF1:Aba>c'4if, Mayorff-o -)eIM -: (Printed name and title) ~T:LJ Yn ~. ('1vif~r~). ~/M~:J ' (~~lednameandt~le) f)t:f! C?-E13iC t:F CDNIi/8S'loU Init AlA Document 8141111-1997 Part 1. 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. 13 Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 19:10:14 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (635853253) ,... o liil ~ 16 s:I E a! > o Z W ..J ;:) Q C(W 1-:1: -0 mrn ~t ww .., o IX l1. E ::I o o '0 C o e" .cJ!! UC ii!a s- f/I.!! ::IU 1:Jl:O ~~ .... .... OJ: N co ~ --_.._~!-.._- C 0 C a; :; o > _ ! ~ ~ ~olI8 8..~--ii.- ii II. .5 -- _ II. 'E tIS 1ii s:I ::I rn +9 ~ 0.... 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IX) 0) " 'AlA: - 1997 Part 2 Document 8141T11 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES ~ 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria. attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. ~ 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. ~ 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. ~ 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. ~ 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. ADDmONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. 1 AlA Document 8141111 -1997 Part 2. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles. and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 18:39:03 on 11/14/2007 under Order No. 1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (4050716545) " ~ 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. ~ 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK ~ 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Document,>, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. H at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size/scope, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. To the extent that the Owner directs the Architect to proceed with development of the documents without making such adjustments, the Owner does so at his sole risk in the event that the actual Cost of the Work exceeds the Owner's budget. ~ 2. 1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's 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 Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. ~ 2.1.7.310 preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor canses the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. ~ 2.1.7.4 Not Used ~ 2,1.7.5 Hthe budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 .2 .3 .4 give written approval of an increase in the budget for the Cost of the Work; authorize rebidding or renegotiating of the Project within a reasonable time; terminate in accordance with Section 1.3.8.5; or cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. ~ 2.1.7.6 Except per the conditions below, if the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. As provided for in section 1.3.3.2.1 of Part 1 of this Agreement, Architect shall not, without additional compensation, be required to modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work when the prior development of the documents by the Architect was according to the Owner's direction and to the extent that said direction did not reflect the Architect's professional opinion regarding the adequacy of the Owner's budget relative to the Architect's estimate of the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES ~ 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. ~ 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. Init. AlA Document 8141111 -1997 Part 2. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 18:39:03 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (4050716545) 2 '. ~ 2.2.1.2 Except to the extent provided to date, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. ~ 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 (Deleted) (Paragraphs deleted) ARTICLE 2.4 DESIGN SERVICES ~ 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services and other services to the extent included per the Agreement. ~ 2.4.2 SCHEMA TlC DESIGN DOCUMENTS ~ 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. ~ 2.4.3 DESIGN DEVELOPMENT DOCUMENTS ~ 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. ~ 2.4.4 CONSTRUCTlON DOCUMENTS ~ 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. ~ 2.4.4.2 During the development of the Construction Documents, if requested by the Owner and if or to the extent required for the project, the Architect shall assist the Owner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES ~ 2.5.1 If requested by the Owner,the Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. Inlt. AlA Document 8141111 -1997 Part 2. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may result In severe clvU and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 18:39:03 on 11/14/2007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (4050716545) 3 ~ 2.5.2 If requested by the Owner, the Architect shall assist the Owner in establishing a list of prospective bidders or contractors. ~ 2.5.3 If requested by the Owner, the Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. ~ 2.5.4 COMPETITIVE BIDDING ~ 2.5.4.1 Bidding Documents utilized by the Contractor shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. ~ 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of the Architect's Documents for distribution to the Contractor. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. ~ 2.5.4.3 Not Used ~ 2.5.4.4 If requested by the Owner, the Architect shall consider requests for substitutions, if and to the extent permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to the Contractor. ~ 2.5.4.5 If requested by the Owner, the Architect shall participate in Contractor's pre-bid conferences for prospective bidders. ~ 2.5.4.6 The Architect shall prepare responses to questions and provide clarifications and interpretations of the Bidding Documents to the Contractor ~ 2.5.4.7 Not Used. ~ 2.5.5 NEGOnA TED PROPOSALS ~ 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. ~ 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. ~ 2.5.5.3 If requested by the Owner, the Architect shall participate in selection interviews with prospective contractors. ~ 2.5.5.4 The Architect shall consider requests for substitutions, if and to the extent permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions. ~ 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES ~ 2.6.1 GENERAL ADMINISTRA nON ~ 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AlA Document AZ01, General Conditions of the Contract for Construction, current as of the date of this Agreement and with revisions, if any, as mutually agreed to. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect ~ 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with AlA Document 8141111-1997 Part 2. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 18:39:03 on 11114/2007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (4050716545) 4 Init Section 2.8.2 when Contract Administration Services extend more than 60 calendar days longer than the Construction Phase duration of 410 working days per the Project Schedule. ~ 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. ~ 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. ~ 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. ~ 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. ~ 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. ~ 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. ~ 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be fmal if consistent with the intent expressed in the Contract Documents. ~ 2.6.2 EVALUATIONS OF THE WORK ~ 2.6.2. 1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work. and (3) to determine in general if the Work is being performed in a manner indicating that the Work. when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. ~ 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. ~ 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. AlA Document 81411101-1997 Part 2. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penalties, and will be prosecuted to the maxImum extent possible under the law. This document was produced by AlA sohware at 18:39:03 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (4050716545) 5 Inlt ~ 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. ~ 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 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 performingpomonsoftheWork ~ 2.6.3 CERTIACATION OF PAYMENTS TO CONTRACTOR fi 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.62 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for confonnance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion. and (4) to specific qualifications expressed by the Architect. ~ 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. ~ 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. ~ 2.6.4 SUBMITTALS ~ 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. ~ 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. ~ 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. AlA Document 8141111 -1997 Part 2. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of It, may r8Sullln severe clvU and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 18:39:03 on 11/1412007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (4050716545) 6 Jolt. ~ 2.6.5 CHANGES IN THE WORK ~ 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. ~ 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. ~ 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract TIme or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the, Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. fi 2.6.5.4 The Architect shall maintain records relative to changes in the Work ~ 2.6.6 PROJECT COMPLETION ~ 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion ~nd the date of fInal completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a fInal Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. ~ 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. ~ 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. ~ 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of fInal payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES ~ 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. ~ 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES ~ 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to two ( 2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. Inlt. AlA Document 8141111 -1997 Part 2. Copyrlght @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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA sohware at 18:39:03 on 11/14/2007 under Order No.1 000273663_9 which expires on 12/612007, and is not for resale. User Notes: (4050716545) 7 .2 up to forty three ( 43) visits to the site by the Architect over the duration of the Project during construction. .3 up to two ( 2) inspections for any portion of the Work: to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to two ( 2) inspections for any portion of the Work to determine fina.l completion. ~ 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement ofW ork resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after a Construction Phase duration of 410 working days. ~ 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service Description (Architect, Owner or Not Provided) .1 Proarammina PreviouslY provided .2 Land Survey Services Owner .3 Geotechnical Services Owner .4 Space Schematics/Flow Diagrams Architect .5 Existing Facilities Surveys Not Provided .6 Economic Feasibility Studies Not Provided .7 Site AnalYsis and Selection Not Provided .8 Environmental Studies and Reoorts PreviouslY Provided .9 Owner-Supplied Data Coordination Owner .10 Construction Schedule Development and Owner Monitoring .11 Civil Design Architect .12 Landscape Design Architect .13 Interior Design excluding FFE Architect .14 Special Bidding or Negotiation Owner .15 Value Analysis Not Provided .16 Detailed Cost Estimatina Not Provided .17 On-Site Project Representation Not Provided .18 Construction Management Owner .19 Start-up Assistance Not Provided .20 Record Drawinas Architect .21 Post-Contract Evaluation Not Provided Init. AlA Document8141l11-1997Part2.Copyrlght @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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may result In severe clvU and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 18:39:03 on 11/1412007 under Order NO.1 000273663_9 which expires on 121612007, and is not for resale. User Notes: (4050716545) 8 rfl .22 .23 .24 .25 Tenant-Related Services Elevator S tem Securi Stems & Hardware Voice & Data Not Provided Architect Architect Architect Description of Services. (Insert descriptions of the services designated.) As described in Exhibit B, titled "Professional Services" and dated November 20, 2007. ARTICLE 2.9 MODIFICATIONS ~ 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: Included above. By its execution, this Standard Form of Architect's Services: Design an Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between e Owner and Architect, AlA Document BI41-1997, that was entered into by the parties as of the date: Nove er 20, 2007 OWNER '. (Signature) J '.;~. ". ~r"P~aha~;Mayor.-^f7a> ~~-. ;ge14""h.: (Printed nqme. f1:nil;~ttle) A??aA~.tJ m~ (SiE'1f!.tut} 7J. 1 JJ IJI-tM Y tV- nO~6.JSkl (ZlPil nCl1!i1!.tlety (yY-IH I$/D~ (Signature) . Michael Martin, President (Printed name and title) Init. AlA Document 8141111 -1997 Part 2. 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. Unauthorized reproduction or distribution of this AlA" Document, or any portion of h, may resuh In severe civil and criminal penahles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 18:39:03 on 1111412007 under Order No. 1 000273663_9 which expires on 121612007, and is notfor resale. ' User Notes: (4050716545) 9 EXHmIT B PROFESSIONAL SERVICES November 20. 2007 SCHEMATIC DESIGN: 2.1 General Participate in meetings with the Owner on a regular basis, twice a month during Schematic Design. Conduct regular coordination meetings among the Architects and its consultants to facilitate in-house quality control procedures. Relative to architectural and engineering systems and materials considered, respond to constructability, construction cost and schedule information as provided by Owner or Construction Manager. Submit completed copies of the Schematic Design package to the Owner for review, comment, and approval. Conduct 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 Architecture Based upon the approved Program, 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 Owner's plans for development of the adjacent canal, the functional relationships within the building, the relationship to the existing building and the overall program objectives. Develop floor plans for the project with regard to efficiency and clarity of circulation. Prepare block study models to illustrate the site development alternatives in three dimensions. Prepare schematic site plans, floor plans, typical sections and elevations to illustrate the design concept. Coordinate with consultants to integrate preliminary engineering and design criteria into the schematic design documents. Conduct in-house quality control procedures. Calculate space allocations in comparison with program. Meet with the Owner's representatives twice a month to review the progress of the design and make revisions in response to comments. Meet with local officials to discuss code requirements and design issues that may impact the design and identify/address any potential significant concerns. Prepare outline specifications in narrative form to describe the materials and systems considered for the buildings. Review all documentation including specifications, drawings, cost and schedule with Owner for approval prior to beginning Design Development phase, 2.3 Civil Emrlneerinl! Prepare schematic civil documents establishing the design concept and general 1 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. Verify if on-site detention pond is required by regulatory authorities and, if required, provide for same. Prepare narrative description of basic systems and materials. 2.4 Structural Eneineerine Participate in general consultation with Architect and other design professionals. Provide study, advice, and recommendation on selection of structural systems and materials including foundation systems based on review of Owner provided geotechnical information and, to the extent required, consultation with Owner's geotechnical engineer. Evaluate and advise regarding alternate approaches relative to bay sizes and framing options for floor plan options being considered. Prepare sketches, calculations, outline specifications, description of special conditions and other applicable information. Establish criteria for any additional geotechnical investigation or survey information, if required, at the site. 2.5 Mechanical. Electrical. Plumbine and Fire Protection Review the schematic design concepts relative to selection of the systems for the building. Advise on the alternative choices and the implications of each including general operational and maintenance requirements. Provide for code required normal and emergency power lighting and fire alarm systems. Provide for performance based fire protection design Develop initial information for later use in energy code analysis. Provide general area and height requirements and advise on critical room sizes and locations. Prepare outline specification in narrative form relative to primary equipment and systems planned for the building. 2.6 Electronic Security Systems Review the schematic design concepts relative to selection of the systems for the building. Advise on the alternative choices and the implications of each including general operational and maintenance requirements. Provide narrative description for access control systems, intrusion detection systems, duress monitoring systems, security intercom systems, detention area paging and monitoring systems, electronic locking control and monitoring systems, closed circuit television systems, emergency call I intercom systems, metal detection and X-ray screening systems. 2.7 Detention Physical Security Services Review the schematic design concepts relative to selection of the physical security elements for the building. Advise on the alternative choices and the implications of each including general operational and maintenance requirements. 2 Provide narrative descriptions for security hollow metal doors I doorframes I window frames, detention or security grade electrically operated and monitored locking hardware, detention furniture and accessories, security glazing, security talk-through devices I package & paper pass systems, overhead security doors and security fencing systems. Coordinate with builder's hardware requirements as provided by the Architect. 2.8 Acoustics Review the schematic design and identify critical spaces and I or equipment that may require sound isolation. Provide narrative description of general requirements for physical elements related to sound isolation. Coordinate with specialty acoustic consultant (if provided by Owner) relative to special acoustic requirements including, if required, sound masking systems in open office areas. 2.9 Audio Visual Services Coordinate with specialty audio visual consultant (if provided by Owner) relative to general requirements (as determined by A V consultant) for court speech reinforcement systems (including microphones and playback systems), court reporting systems, court evidence presentation systems (including document cameras, VCR's, DVD's and remote control systems), video conferencing systems, projection screens, broadband cable & community access television (CATV), satellite master antennae television (SMATV) systems, public address (P A) systems and background music systems. 2.10 Communications Systems Review the schematic design concepts relative to selection of the communications systems for the building, Advise on the alternative choices and the implications of each, including general operational and maintenance requirements. Provide narrative description of general system requirements. Coordinate with telephone system and data network consultant (if provided by Owner) relative to any requirements (as determined by consultant) for IP based telephone system & data network, local area networks wireless local area networks (Wi-Fi type) and computer systems. 2.11 Elevator Consultine: Services Review the schematic design concepts relative to selection of the elevator systems for the building. Establish design requirements and criteria based on anticipated occupancy. Determine number of elevators, capacities and speeds per selected design criteria. Advise on the alternative choices and the implications of each, including general operational and maintenance requirements. Provide drawing illustrating core arrangements and narrative description I report of elevator requirements. Provide opinion of probable equipment costs. 2.12 Li2htin2 Consultin2 Provide general consultation regarding opportunities for special lighting and dimming systems for the building interior, building facade and sitenandscape. Coordinate with specialty lighting consultant (if provided by the Owner) relative to any requirements (as determined by the consultant) for special lighting and dimming systems 3 for the building and site. 2.13 Sbmae:e & Graphics Desim Determine general requirements for code required signage or graphics for the building or site, Provide narrative description of signage I graphics requirements. Coordinate with specialty signage I graphics consultant (if provided by the Owner) relative to any requirements (as determined by the consultant) for additional non-code required signage I graphics for the building or site. 2.14 Furniture. Fixtures & Equipment (FFE) Develop the schematic design concepts relative to typical arrangements for FFE Coordinate with specialty FFE consultant (if provided by the Owner) relative to any requirements (as determined by the consultant) for furniture and fixtures (systems, workstations and loose accessories) and equipment (residential appliances for break- rooms, etc.). 2.15 Landscape Architecture Collaborate with the Architect in the development alternative site landscaping concepts relative to program requirements and site context. Review the concepts relative to selection of the landscape and irrigation elements and advise on the alternative choices and the implications of each, including general operational and maintenance requirements. Develop sketch plan in response to circulation, accessibility, and context considerations including the Owner's plans for development of the adjacent canal. Provide narrative description of general landscaping requirements. 2.16 Schematic Desbm Deliverables The Architect shall deliver ten (10) sets of drawings and specifications of the following: a. To be considered acceptable for fmal Schematic Design Phase submittal, the documents shall contain all of the following unless otherwise agreed in writing: i. Architectural. 1. Plans (at 1/8" scale) showing complete building layout, and identifying areas, room by room, showing square footage with comparisons to program standards, and core areas and their relationships. 2. Preliminary building section and elevations indicating location and size of fenestration. 3. Preliminary furniture layouts of critical spaces. 4. Architectural site plan with building located and overall grading plan with contour lines. All major site development such as orientation, access road paving, walls and outside support buildings, and paved parking lots should be shown. Also designate approximate site area to accommodate future 4 expansion for 2025 program. 5. Gross and net area calculations separated to show conformance with the Program. 6. Preliminary Building Code Summary. 11. Structural 1. Narrative description of type of structural system (concrete, precast, structural steel with composite deck, structural steel with bar joists, etc. as applicable). 2. Identification of basic foundation requirements (fill requirements, piles, caissons, spread footings, etc. as applicable). lli. Mechanical 1. Preliminary estimates of block heating, ventilating and cooling loads. 2. Preliminary areas and heights for critical rooms and chases. 3. Preliminary location of all major equipment in allocated spaces. 4. Preliminary locations of all service entrances. IV. Electrical 1. Narrative description of preliminary lighting fixtures types. 2. Narrative description for major electrical equipment with preliminary estimate of size. 3. Narrative description with preliminary location of service entry, transformers and emergency generator, if required. 4. Narrative description of specialized electrical systems (fire alarm, intercom, etc. as applicable). 5. Legend showing all symbols used on drawings. b. Documents not substantially complying with this subparagraph shall be returned to the Architect for correction at no additional charge to the Owner and with no change to the overall Project design schedule. c. The Architect shall provide electronic images (in pdf format) at each phase of the design for use by Augusta. DESIGN DEVELOPMENT: 3.1 General Provide assistance to perform a general value engineering and constructability analysis. Participate in progress meeting with the Owner on a regular basis, generally twice a month during design development. At inception of the Design Development phase, incorporate and respond to Owner comments relative to Schematic Design documents. Conduct regular coordination meetings between the Architect and its consultants. Submit a completed Design Development package to the Owner for review, comment and approval. Conduct workshop during Owner's review of Design Development ~ package to facilitate Owner's development of comments to be incorporated during the Construction Documents Phase. Relative to architectural and engineering systems and materials considered, respond to constructability, construction cost and schedule information as provided by Owner or Construction Manager. 3.2 Architecture Further develop the approved ideas from the Schematic Design phase to fix the size and shape of the buildings and their components. Establish the rationale for detailing of the elements of the project; refine the selection of finishes and materials. In consultation with the Owner and Architect's consultants, finalize decisions on systems alternatives, considering cost, function, and compatibility with program objectives. 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. Review all documentation including specifications, drawings, cost and schedule with Owner for approval prior to beginning Design Development phase, 3.3 Civil Eneineerine: Develop engineering drawings, as scale per Architect's site plan, in response to the architectural development of the design. Prepare outline specifications. 3.4 Structural Emgneerine: Review geotechnical report and confirm recommendations for foundation system. Prepare preliminary structural calculations. Prepare preliminary foundation and framing drawings showing primary structural system, materials, approximate sizes, and critical details such as clearances. Prepare outline specifications. 3.5 Mechanical. Electrical. Plumbine: and Fire Protection Further develop engineering design concepts. Review modifications in response to architectural development. Provide for basic acoustical and vibration control and respond to significant visual impacts as directed by Architect. Prepare preliminary load calculations. Determine and advise of chase and clearance requirements. Make equipment and lighting fixture selections. Submit cuts for approval and review with the Owner. 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. 3.6 Electronic Security Systems Finalize decisions regarding system choices and their integration. Prepare initial layouts, routing and riser diagrams. 6 Provide outline specifications for access control systems, intrusion detection systems, duress monitoring systems, security intercom systems, detention area paging and monitoring systems, electronic locking control and monitoring systems, closed circuit television systems, emergency call I intercom systems, metal detection and X-ray screening systems. Provide general system power and cooling parameters relative to the general building systems. 3.7 Detention Physical Security Services Finalize decisions regarding element choices and their integration. Prepare schedules and typical details. Provide outline specifications for security hollow metal doors I doorframes I window frames, detention or security grade electrically operated and monitored locking hardware, detention furniture and accessories, security glazing, security talk-through devices I package & paper pass systems, overhead security doors and security fencing systems~ Coordinate with builder's hardware requirements as provided by the Architect. 3.8 Acoustics Develop typical wall types in accordance with general requirements established for sound isolation. Develop outline specifications that reflect acoustical requirements. Coordinate with specialty acoustic consultant (if provided by Owner) relative to special acoustic requirements induding, if required, special wall type construction, special equipment or systems sound isolation requirements and sound masking systems. 3.9 Audio Visual Services Coordinate with specialty audio visual consultant (if provided by Owner) relative to systems, equipment and raceways (as designed by Owner's consultant) for court speech reinforcement systems, court reporting systems, court evidence presentation systems, video conferencing systems, projection screens, broadband cable & community access television (CATV), satellite master antennae television (SMA TV) systems, public address (P A) systems and background music systems. 3.10 Communication Systems Finalize selection of the communications systems and equipment for the building. Coordinate system power and cooling requirements with the building systems. Prepare initial design for raceways, routing and riser diagrams. Provide outline specifications for materials and equipment. Coordinate with telephone system and data network consultant (if provided by Owner) relative to systems, equipment and raceways (as designed by Owner's consultant) for IP based telephone system & data network, local area networks wireless local area networks (Wi-Fi type) and computer systems. 3.11 Elevator Consultine: Services Verify design requirements and criteria based on anticipated occupancy. Finalize selection of the elevator systems and equipment for the building. Coordinate system power and cooling requirements with the building systems. Coordinate elevator cab requirements with finish selections by Architect. 7 Provide drawing illustrating core and machine room layouts. Provide outline specifications of elevator requirements. 3.12 Lie:htine: Consultine: Develop lighting plans that reflect basic intent established in Schematic Design. Coordinate with specialty lighting consultant (if provided by the Owner) relative to any fixtures or dimming systems (as designed by the Owner's consultant) for the building and site. 3.13 Sie:nae:e & GraDhics Desie:n Provide outline specifications for code required signage / graphics requirements and for main building signage. Develop outline specification establishing level of quality for interior sign age. Coordinate with specialty signage / graphics consultant (if provided by the Owner) relative to any requirements (as designed by the Owner's consultant) for additional non- code required signage / graphics for the building or site. 3.14 Furniture. Fixtures & EauiDment (FFE) Develop the develop design documents indicating typical arrangements for FFE. Coordinate with specialty FFE consultant (if provided by the Owner's Owner) relative to any requirements (as designed by the consultant) for furniture and fixtures (systems, workstations and loose accessories) and equipment (residential appliances for break- rooms, etc.). 3.15 LandscaDC Architecture Finalize site landscape design in collaboration with Architect. Develop design development plans for site features, streets cape, planting, hardscape and irrigation. Develop landscape and irrigation plans at scale per Architects site plan. Prepare outline specifications. 3.16 Desie:n DeveloDment DeIiverables The Architect shall deliver ten (10) sets of drawings and specifications of the following: i. Architectural 1. Project plan to accommodate future expansion for 2025 program. 2. Building Code Summary Sheet. 3. Life safety plans showing all fire walls and egress calculations. 4. Floor plans (at 1/8" scale) with [mal room locations including all openings and showing general furniture layout. 5. Roof plan (at 1/8" scale) indicating structural slope, drainage areas and drain locations. 6. Wall sections showing dimensional relationships, materials and component relationships. 7, Finish schedule identifying finishes. 8. Preliminary door and window and hardware schedule showing 8 quantities plus type and quality levels as per the outline specifications. 9. Civil site plan including grading and drainage. 10. Preliminary development of typical details, including millwork details and large scale blow-ups. 11. Legend showing all symbols used on drawings. 12. Outline of materials to be specified in the CD phase. 13. Reflective ceiling plans with preliminary layout for lights and diffusers . n. Structural 1. Plan drawings with primary structural members located and sized. 2. Final building floor elevations. 3. Outline of materials to be specified in the CD phase. 4. Foundation drawings. ill. Plumbing 1. Piping, fixtures and equipment substantially located and sized. iv. Mechanical 1. Heating and cooling space load calculations. 2. Major mechanical equipment scheduled indicating size and capacity. 3. Primary ductwork and piping layout substantially located and sized. 4. Coordination with structural, mechanical, plumbing, electrical and fire protection systems to verify critical elements fit in available spaces: 5. Preliminary location of ceiling devices. 6. Legend showing all symbols used on drawings. 7. Outline of materials to be specified in the CD phase. v. Electrical 1. Documentation of power consuming equipment and load characteristics . 2. Total electric load estimate. 3. Major electrical equipment (switchgear, distribution panels, emergency generator, transfer switches, etc. as/if required) dimensioned and drawn to scale into the space allocated. 4. Electrical service preliminarily coordinated with electric utility company. 5. Outline of materials to be specified in the CD phase. 6. Indication of lighting, power, data devices and receptacles shown in plan. 7. Preliminary light fixture schedule. 8. One line diagram of specialized electrical systems (fire alarm, intercom, voice/data, etc.) showing location of control equipment/panels and devices. 9. Interior electrical loads estimate for systems furniture, 9 receptacles, lighting, food service equipment, and any other special use areas, etc. Vi. Fire Protection 1. Provide narrative of proposed fire protection system. d. Documents not substantially complying with this section shall be returned to the Architect for correction at no additional charge to the Owner and with no change to the overall Project design schedule. e. The Architect shall provide electronic images (in pelf format) at each phase of the design for use by Augusta. CONSTRUCTION DOCUMENTS: 4.1 General Participate in progress meetings with the Owner on a regular basis, generally twice a month, during the Construction Documents Phase. Incorporate and respond to Owner comments at inception of Construction Documents. Provide for regular coordination meetings between the Architect and its consultants. Submit GMP Construction Documents package to Owner for review, comment, and approval. Conduct workshop during Owner's review of Construction Documents and prior to issuing GMP documents package to facilitate Owner's development of comments to be incorporated in the documents. 4.2 Architecture After incorporating Owner's Design Development comments, prepare construction drawings to clearly describe the construction requirements. This work will include dimensioning and delineation of plans, sections, elevations, and details as well as schedules to defme the work. Prepare final specifications and written definitions of material, equipment, and installation requirements. Coordinate the documents of all consultants. Provide construction manager with GMP documents at approximately 60 % completion. Submit completed documents to regulatory authorities for final comments and approvals in accordance with mandated procedures. Review completed documents with Owner prior to release for construction. 4.3 Civil EDl9neerine: Prepare complete construction drawings and specifications from the design development drawings. Submit plans and specifications to local and state regulatory agencies for review. 4.4 Structural En2ineerine: Prepare final calculations. 10 11 Prepare structural drawings showing foundation and framing plans and sections, dimensioned, detailed and identified to define the primary structural system with appropriate details, schedules, and notes. Develop final specifications. 4.5 Mechanical. Electrical. Plumbine: and Fire Protection Prepare final design calculations. Prepare construction documents to delineate systems installations, flow diagrams, and details for construction. Coordinate and incorporate Owner's requirements for the electrical outlet and communication systems locations. Develop final specifications. 4.6 Electronic Security Systems Finalize layouts, diagrams, schedules and routing. Prepare final specifications. 4.7 Detention Physical Security Systems Finalize plans, schedules, details and diagrams. Prepare final specifications. 4.8 Acoustics Finalize wall types. Develop final specifications that reflect acoustical requirements. Coordinate with specialty acoustic consultant (if provided by Owner) relative to special acoustic requirements including, if required, special wall type construction, special equipment or systems sound isolation requirements and sound masking systems. 4.9 Audio Visual Services Coordinate with specialty audio visual consultant (if provided by Owner) relative to systems, equipment and raceways (as designed by Owner's consultant) for court speech reinforcement systems, court reporting systems, court evidence presentation systems, video conferencing systems, projection screens, broadband cable & community access television (CATV), satellite master antennae television (SMA TV) systems, public address (P A) systems and background music systems. 4.10 Communication Systems Finalize design for raceways, routing and riser diagrams. Provide final specifications for materials and equipment. Coordinate with telephone system and data network consultant (if provided by Owner) relative to systems, equipment and raceways (as designed by Owner's consultant) for IP based telephone system & data network, local area networks wireless local area networks (Wi-Fi type) and computer systems. 4.11 Elevator Consultine: Services 12 Finalize design of the elevator systems and equipment for the building. Provide final drawing illustrating core and machine room layouts. Provide finalize specifications of elevator requirements. 4.12 Li2htin2 Consultin2 Develop lighting plans that reflect basic intent established in Design Development. Coordinate with specialty lighting consultant (if provided by the Owner) relative to any fixtures or dimming systems (as designed by the Owner's consultant) for the building and site. 4.13 Sif!D32e & Gr3uhics Desim Provide final specifications for code required signage / graphics requirements. Develop specification establishing level of quality for interior signage. Coordinate with specialty signage I graphics consultant (if provided by the Owner) relative to any requirements (as designed by the Owner's consultant) for additional non- code required signage / graphics for the building or site. 4.14 Furniture. Fixtures & Eauiument (FFE) Coordinate with specialty FFE consultant (if provided by the Owner) relative to any requirements (as designed by the Owner's consultant) for furniture and fixtures (systems, workstations and loose accessories) and equipment (residential appliances for break- rooms, etc.). 4.15 Landscaue Architecture Prepare construction drawings and details for exterior hardscape, irrigation and landscape work. Prepare final specifications for hardscape, irrigation and landscape. 4.16 Construction Document Deliverables a. Upon written authorization from the Owner to proceed, the Architect shall prepare from the approved Design Development Documents, Construction Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project, as necessary to facilitate the preparation of a GMP Agreement with the selected CM at Risk firm. The Owner will provide the Conditions of the Contract (General and any Supplementary), time control specification provisions, and Construction Proposal Forms and Agreement(s) which the Architect shall incorporate into the Construction Documents assuming that the Architect has no reasonable objection to their incorporation. b. A CM at Risk-type Contract for Construction is anticipated, with an interim set of drawings issued to facilitate negotiation of a GMP and the subsequent commencement of construction. Subsequent to issuance of the GMP documents, the Architect shall maintain a log of drawings, including each time individual drawings are modified/issued and drawing title blocks shall be annotated accordingly. 13 c. The Architect shall provide a color board with exterior and interior color selection for review, approval and use by the Owner. The approved color board shall be submitted for use by the Owner with the 100% Construction Documents. d. The Architect shall provide the Owner's Representative a copy of in- progress Construction Documents during this phase. Additionally, the Architect shall submit for approval by the Owner ten (10) sets of preliminary Construction Documents (drawings and specifications) at the stage of 60% completeness, for negotiation of a GMP Agreement with the selected CM at Risk firm. The documents for this 60% Construction Document submittal shall, at a minimum, satisfy all of the requirements of the Design Development Phase, plus all of the following unless otherwise agreed in writing: i. General 1. Complete index of drawings 2. Vicinity plan 3. Building Code Summary 4. Life safety plans 5. Applicable V.L. details 11. Ci vill Landscaping 1. Copy of the Site Survey 2. Site plan satisfactory for site plan approval 3. Site demolition plan 4. Staking plan 5. Erosion control plan 6. Grading plan 7. Site utility plan 8. Storm drainage plan, details and schedule 9. Paving plans and details 10. Landscaping plans and details, plant schedule lll, Architectural 1. Demolition plans (if required) 2. Key plans with final room numbers if provided by City of Augusta 3. Critical sections and details identified, drawn with materials noted 4. Roof plan with all penetrations 5. Exterior elevations with control joints located 6. Enlarged toilet room layout with all fixtures and dimensions 7. Toilet room elevations 8. Reflected ceiling plan with all fixtures located and ceiling height identified 9. Bulkhead and lintel details 10. Finish plan and schedule 11. Door and hardware schedule, elevations, and head 14 and jamb details 12. Masonry details 13. Roof details 14. Stair details 15. Elevator sections and details if applicable 16. Furniture layout 17. Casework elevations IV. Structural 1. Demolition plans (if required) 2. Footing plans and details 3. Reinforcing steel plans 4. Structural steel plans v. Plumbing 1. Demolition plan (if required) 2. Fixture schedule 3. Plumbing plans 4. Enlarged toilet room plans 5. Riser diagrams for waste and vent, water, storm drainage, and gas 6. Plumbing site plan 7. Plumbing details vi. Mechanical 1. Demolition plan (if required) 2. Ductwork and piping completely located and sized 3. Complete equipment schedules 4. Mechanical room enlarged plans and sections 5. Schematic control diagrams 6. Mechanical details Vll. Electrical 1. Demolition plan (if required) 2. Fixture schedule 3. Electrical site plan 4. Power plan with panels located and identified 5. Lighting plan 6. Complete plans for auxiliary systems including but not limited to, fire alarm, voice/data and electronic security 7. Riser diagrams for all systems 8. Panel schedule viii. Fire Protection 1. Demolition plan (if required) 2. Fire protection plan with location of all hose and valve cabinets identified 3. Preliminary fire protection design calculations e. Documents not complying with this section shall be returned to the 15 Architect for correction at no additional charge to the Owner and with no change to the overall Project design schedule. f. After review and approval of the 60% Construction Documents by the Owner, the Architect shall continue with preparation of fmal Construction Documents and Bid Documents, including final Specifications for all authorized work on the Project and shall incorporate in those final documents the comments and any modifications and changes required by the Owner for purposes of meeting the project requirements. The resulting fmal Construction Document submittal is to be a complete, coordinated, integrated package, suitable for bidding distribution. g. After review and approval of the 60% Construction Documents by the Owner, the Architect shall continue with preparation of Construction Documents, consisting of site utilities, rough grading and foundation work, culminating in issuance to Owner's Representative ten (10) sets of Bid Documents, in accordance with the schedule defined herein. h. At the completion of the construction documents phase, the Architect shall submit to the Owner ten (10) sets of 100% complete documents prepared by the Architect for final Construction Documents submittal which shall include the final construction drawings and specifications. NEGOTIATIONS: 5.1 General Assist the Owner review with review of the Contractor's bidding procedures and in negotiations with the Contractor relative to the GMP. 5.2 Architecture Review requests for substitutions if/as permitted. Assist the Owner in meetings with the Contractor. Prepare addenda to supplement the documents and clarify questions. Assist in reviewing Contractor pricing and making recommendations. 5.3 Other Consultants Respond to requests for substitutions in their disciplines if/as permitted. Prepare portions of addenda related to their disciplines. Assist in reviewing Contractor pricing and making recommendations. CONTRACT ADMINISTRATION PHASE: 6.1 Architecture Attend project site meetings twice a month to discuss project information. Conduct field visits twice a month to observe and report on the progress of the work. Project site meetings and field visits shall be coordinated so they typically occur on the same days. Review submittals, shop drawings, and requests for information, Prepare supplemental drawings for clarification of details, as required. Conduct substantial completion inspections and develop punch lists. Review and make recommendations on the approval of contractor change order proposals and payment requests. 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. 6.2 Other Consultants Attend project site 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 but shall be limited to the following number of meetings: Civil Engineering 10 Structural Engineering 20 Mechanical, Plumbing & Fire Protection Eng._ 16 Electrical Engineering 10 Electronic Security & Communication Systems_ _ 6 Detention Physical Security 6 Audio Visual Services Nt A Communication Systems Structured Cablin~ _ 3 Elevator Consulting 2 Lighting Consulting Nt A Signage & Graphics Nt A FFE Nt A Landscape Architecture 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 but shall be limited to the following number of site visits: Civil Engineering 28 Structural Engineering 52 Mechanical, Plumbing & Fire Protection Eng._ 32 Electrical Engineering 18 Electronic Security & Communication Systems_ 10 Detention Physical Security 10 Audio Visual Services Nt A Communication Systems Structured Cabling 3 Elevator Consulting 2 Lighting Consulting Nt A Signage & Graphics Nt A FFE Nt A Landscape Architecture 2 Review submittals, shop drawings, and requests for information. Prepare supplemental drawings for clarification of details, as required. Conduct substantial completion inspection and develop punch lists. 16 Conduct final completion inspection. Review and make recommendations on the approval of contractor change order proposals and payment requests. 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. 17