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HomeMy WebLinkAboutTurner Associates/Architects and Planners Inc. Augusta Richmond GA DOCUMENT NAME: Tuv--n -e.-( A'S30C\CAteS )A\""'c\~ ~te.-ds O\--d ':\>\Ctnners "Inc. DOCUMENT TYPE: ~e~enL YEAR: 03 BOX NUMBER: \/ FILE NUMBER: l f.JJ 540 NUMBER OF PAGES: -1.a.-( ....~ ~ . ~ AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN AUGUSTA, GEORGIA AND TURNER ASSOCIATES/ARCHITECTS AND PLANNERS, INe. ****************************************************************************** CONTENTS Page Preamble and AGREEMENT ....................................................................................... 1 to 3 Exhibit A - Scope of Services... ... ... ... ... .. . ... . .. . . . . .. . .. ... ... .. . . . . ... ... . .. ... .. . ... . . . ... 1 to 17 Exhibit B - Project Description. . . ... ... ... ... ... . .. . .. .. . ... .. . ... ... ... ... . . . ... ... ... ... . .. .. . . 1 to 2 Exhibit C - General Provisions for Architectural Design Services..................... .:. 1 to 22 Exhibit D - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative ............................................................. 1 to 5 Exhibit E - Payments and Miscellaneous Provisions....................................................... 1 to 7 Exhibit F - Sample Work Authorization Form................................................................ 1 Exhibit G - Preliminary Project Schedule.. . . . . . . . . .. . . . .. . ... ... .. . . . . . . . ... .. . . . . ... . . . . .. . . . . 1 Page 1 January 7, 2003 ,.. - w AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN AUGUSTA, GEORGIA AND TURNER ASSOCIATES/ARCHITECTS AND PLANNERS, INe. ************************************************************************ Agreement made as of this 7 th day of January, 2003 between AUJ!usta. GeorJ!Ia (the "OWNER"), a political subdivision of the State of Georgia with offices at 530 Greene Street, Augusta, Georgia, 30911 and Turner Associates / Architects and Planners. Inc., (the "ARCHITECT"), with offices at 57 Forsyth Street, Suite 1300, Atlanta, Georgia 30303. The Architect shall perform services for the new Augusta Richmond County Court Facility (the "Project") as described below. WITNESSETH WHEREAS, the OWNER has initiated various planning, design, and construction projects for a Judicial Center to include the construction of a new facility and improvements to the existing Municipal Building over the next five (5) years, more or less, referred to as the PROJECT, with specific services to be authorized in Work Authorizations as hereinafter provided; and, WHEREAS, the ARCHITECT has represented to the OWNER that it is qualified to perform the various described tasks and work of the projects, and, based upon ARCHITECT's representations, the OWNER desires to retain the services of the ARCHITECT to perform the work described herein; and WHEREAS, the ARCHITECT has associated Ricci Associates and The Woodhurst Partnership as team members for the Project, which team is referred to collectively as The Turner RicciWoodhurst Team, and ARCHITECT acknowledges that Ricci Associates and The WoodhurstPartnership are key members of the Team and further represents that it intends to execute contractual agreements with each of said team members as a Consultant to the ARCIDTECT; NOW THEREFORE, for and in consideration of their mutual benefit, the parties hereto agree as follows: The ARCHITECT shall, upon receipt of each duly executed Work Authorization, perform the work described in the Work Authorization in accordance with the attached Exhibits as may be required in said Work Authorizations. The OWNER, in consideration of the performance of the ARCHITECT's undertakings under this AGREEMENT, pursuant to Work Authorizations fully executed by the OWNER and ARCHITECT, shall pay the ARCHITECT the consideration Page 2 January 7, 2003 ,.. ... ... determined in each Work Authorization; which consideration shall constitute complete payment for all services furnished in connection with the work required to be performed under the Work Authorization. The following Exhibits are attached to and made part of this AGREEMENT: A - "Scope of Services B - "Project Description" C - "General Provisions for Architectural Services" D - "Duties, Responsibilities, and Limitations of Authority of Resident Project Representatiye" E - "Payments and Miscellaneous Provisions" F - "Sample Work Authorization Form" G - "Preliminary Project Schedule" This AGREEMENT shall apply to various phases of the Project initiated within five (5) years, more or less, after the effective date of the first Work Authorization. This AGREEMENT, together with the Exhibits identified above and subsequent Work Authorizations, constitutes the entire agreem~nt between the OWNER and the ARCHITECT and supersedes all prior written or oral understandings. This AGREEMENT and said Exhibits may only be amended, supplemented, modified, or canceled by a duly executed written instrument. This AGREEMENT and said Exhibits shall be hereafter .referred to as the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as qfthe date first above written. AUGUSTA, GEORGIA ~ . . . / .;; .. (..-' E~~ ~~ . I LB.!! RK ..~ TURNER ASSOC.I}\.TES / ARCHITECTS AND PLANNERS, INe. ATTEST: w~~ TITLE: WI .. SS Page 3 January 7, 2003 ~ .-; EXHIBIT A SCOPE OF SERVICES This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the ARCHITECT for professional architectural services. The scope of services defined. herein may be subsequently modified by means of mutually agreed to additions to, deletions from or modifications to the following tasks with corresponding mutually agreed to revisions, if any, to the project schedule and ARCHITECT's compensation. ARTICLE 1 - PROJECT DEFINITION PHASE 1.1 The purpose of the Project Definition phase is to further develop and refine the space requirements, develop conceptual options for addressing those requirements between the' new and existing facilities, establish the probable phasing and location of courts and related functions, and validate the budget for the Cost of the Work within the overall budget for the Project as proposed by the Owner. Planned duration of the Project Definition Phase is 84 working days with a subsequent 15 days for Owner review. The Project Definition phase will address both the proposed new 'addition as well as the renovation of existing buildings and is divided into tasks, as follows. 1.2 Task 1: General 1.2.1 Participate in progress meetings with the Own~r on a regular basis, generally biweekly during Project Definition Phase. To the extent feasible, these progress meetings will be scheduled to coincide with other required meetings or workshops. 1.2.2 Conduct regular coordination meetings among the Architects and its consultants, generally biweekly, to conduct in-house quality control procedures. 1.2.3 Develop expected project delivery schedule. 1.3 Task 2: Proe:ram Validation ] .3.1 The Judicial Center Space Requirements already developed by the Owner provides two, parallel and un-reconciled space programs, which will be used as a starting point or baseline. However, now that the project has more defined parameters, such as site, existing building issues, a tentative budget, and a deliberate plan for a separate administrative space project, the Architect will reconcile and update the baseline program. This will involve the following: 1.3.2 Questionnaires - will be distributed by the consultant team to the courts and other user agencies to elicit information on staffing and ancillary space requirements. The results of these questionnaires will be compared to the existing space studies and confirmed in interviews with the user groups. Page A-I January 7, 2003 ;. 1.3.3 Space standards' - will be developed based on any applicable state standards, the Space Requirements developed by the Owner, and the professional recommendations of the consultant team. 1.3.4 Space Projections - will be developed for 10 and 20 year projection horizons based on a review of past trends in caseload and staffing, general demographic trends of the County, and discussions with the judiciary and other user agencies. 1.3.5 Room-by-Room -Space Program - will be developed based on the previous program information and projected staffing needs as identified in interviews with user groups. 1.4 Task 3: Existine: Conditions Survey and Analvsis 1.4.1 The Architect will assemble the original drawings and available documentation of subsequent modifications of the buildings on the site, as provided by the Owner, and make Autocad drawings that reflect current locations of walls/partitions in the building based on field observations and approximate measurements. 1.4.2 The Architect will assemble a list of applicable building codes and regulations applicable to the project. ] .4.3 The existing buildings will be analyzed for compliance with current life safety and accessibility regulations; Owner's consultants, as requested by the Architect as to the general scope of work, will evaluate the buildings with respect to compliance with hazardous materials regulations; the results of said evaluation will be incorporated in this study. The general condition of building systems and components will be analyzed. A survey c6mmis~ioned by the Owner documenting existing featu~es, topography, boundaries, utilities, and the like will be utilized as part Qfthis study. The results of soils borings and test pits commissioned by the Owner will be incorporated into this study. 1.4.4 The Architect will assist the Owner in verifying whether historical regulationswill restrict the available options for existing buildings on site. 1.4.5 The Architect will verify if an envelope upgrade is required by the Energy Code and will provide a life cycle cost analysis of existing vs insulated glazing in the' existing facility. Based on the results, preliminary recommendations will be made regarding HV AC for the existing facility and, to the extent HV AC systems may be shared, the new facility. Page A - 2 January 7,2003 .. 1.4.6 Coordinate tours of existing Courthouses. Arrange for a one-day trip to Courthouses within driving distance in order to familiarize the Owner with possible design options and in order to familiarize the Owner with levels of qu~lity that may be referenced for the project. 1.5 Task 4: ConceDtual Plan /ODtions The purpose of this task is to develop a concept and a conserisus, on what to build and where to build it. 1. 5.1 The Architect will develop blocking and stacking studies for 3 options on the proposed site to house the 10-year space projection, with capability for expansion to meet-the 20-year projection. These studies will illustrate a typical court floor layout (single line, pre-schematic level), "blocking" diagrams of. other floors for court support and other agencies and corresponding "stacking" diagrams showing the vertical distribution of functions. Together, these diagrams will indicate approximate building footprint dimensions and number of stories (height). They will also illustrate primary circulation patterns and access for public, staff, prisoners and maintenance. 1.5.2 As the courtroom is the building block of a courthouse, and drives the "governing" floor size and dimensions of the building, courtroom mini- studies will be provided to illustrate appropriate courtroom layouts and dimensions to respond to their functional needs. The Architect will also show the full "court set", that is, the spaces immediately adjacent to the courtrooms Gury rooms, chambers, interview rooms, waiting areas etc.). 1.5.3 In parallel with the concept plans, the Architect will prepare a study and analysis of the site, the neighboring community and the general region to determine patterns of use, movement, environmental conditions, archi(ectural traditions" and the like that will affect the development of the new ,building. . Diagrams. and photographs will be developed to coml1).unicate the findings of this analysis in order to achieve a consensus for further concept development. 1.5.4 Site development options will be prepared, with adequate detail to indicate placement of building onsite~ entries and access points, space required for vehicular movement and remaining space available (if any) for on-site parking, landscaping and/or future expansion. Parking analysis is not part of this Scope of Services. . 1.6 TaskS: Cost Estimate Cost estimates will be prepared based on the program and the preliminary concepts. The estimate will be provided roughly following the "Uniformat" 16 Division approach which breaks down cost by major architectural and engineering components and systems; the cost of the Work for the new addition and the cost Page A - 3 JanuaI)' 7, 2003 . of the Work ,for the improvements to the existing facility will both be analyzed. Added to the construction costs ("hard costs") will be "soft costs" such as fees, contingencies, furniture, fixtures equipment and related costs. An allowance will be provided for site work (absent any knowledge of subsurface conditions) and on site parking. : 1.7 Task 6: Security Consultine: Prepare a security report for the new and existing facilities including information on local crime, preliminary identification of vulnerabilities and/or assets requiring protection, preliminary recommendations for the layout and configuration of the site and entrances, for on site and facility hardening, for security staffing, post locations and general duties, for criteria for site security lighting and for basic security procedures. 1.8 Task 7: Recommendations 1.8.1 The Architect will prepare recommendations based on conclusions of the analysi,s, and subsequent discussions with the key stakeholders. The appro:ach will be to present issues and opportunities, with options that ' addre,ss these criteria in different forms. The recommendations will be the result, of discussions about these options, and represent the consensus of the planning group. 1.8.2 The P,u"chitect will conduct a workshop during this phase that allows the client and consultant team to compare the relative "pros" and "cons" of each option, along with associated costs. 1.8.3 Upon an agreed conclusion, the Architect will develop the Final Recommended Plan, to include Executive Summary, Concept Options, Site Analysis, Space Program, Project Schedule, Statement of Probable Cost and the Security Report 1.8.4 Prepare a small scale mass model to reflect the final recommended plan. ARTICLE 2 - SCHEMA TIC DESIGN PHASE 2.1 The Schematic Design phase will address both the proposed new facility as well as the improvements to the existing buildings. Planned duration of the Schematic Design Phase is 50 working days with a subsequent 15 days for Owner review. This phase is divided into tasks, as follows: I , 2.2 Task 1: General 2.2.1 Participate in progress meetings with the Owner on a regular basis, generally biweekly during Schematic Design. 2.2.2 Conduct regular coordination meetings among the Architects and its consultants, generally biweekly, to conduct in-house quality control procedures. Page A - 4 January 7,2003 ~ ;- 2.2.3 Submit completed copies of the Schematic Design package to the Owner for review, comment, and approval. Conduct initial and final workshop during Owner's review of Schematic Design package to facilitate Owner's development of comments to be incorporated during the Design Development Phase. 2.2.4 Update project delivery schedule. 2.3 Task 2: Architecture 2.3.1 Based upon the approved program from the Project Definition Phase, develop site plan studies that explore alternatives for the massing and placement of the building on the site, considering the contextual relationship of the environs, the functional relationships within the building, the relationship to the existing building and the overall program objectives. 2.3.2 Develop floor plans for th~ project with regard to efficiency and clarity of circulation. 2.3.3 Prepare block study models to illustrate the site development alternatives in three dimensions. Prepare color schematic site plans, floor plans, typical sections and elevations to illustrate the design concept. 2.3.4 Coordinate with consultants to integrate preliminary engineering and design criteria into the schematic design documents. Conduct in-house quality control procedures. 2.3.5 Review and discuss with Owner the ADA, building code, and life-cycle issues and considerations of the project. 2.3.6 Calculate space allocations in comparison with program. 2.3.7 Meet,with,the Owner's representatives bi-weekly to review the progress of the design and make revisions in response to comments. 2.3.8 Meet with local officials to discuss code requirements and design issues that may impa'ct the design and identify any potential concerns. 2.3.9 Prepare outline specifications in narrative form to describe the materials and systems envisioned- for the buildings. 2.3.10 Review all des,ign studies including specifications, cost, engineering, and landscape with Owner for approval prior to beginning Design Development phase. 2.4 Task 3: Civil Ene:ineerine: . 2.4.1 Develop civil/site requirements checklist in reference to the proposed architectural design. 2.4.2 'Prepare schematiC civil documents establishing the design concept and general engineering approach for site development issues including on site parking, access and road design grading and drainage, sanitary sewer and potable water connections, hydrology, and soil erosion control. 2.4.3 Advise Architect and Owner of any perceived regulatory impediments. 2.4.4 Prepare outline specifications. Page A - 5 Janual)' 7, 2003 . 2.5 Task 4: Structural Ene:ineerine: 2.5.1 Participate' in general consultation with Architect and other. design professionals. 2.5.2 Provide study, advice, and recommendation on selection of structural systems and materials, including foundations. Provide constructability studies of the structural system including alternative designs and framing approaches relative to bay size with cost evaluation analysis. 2.5.3 Prepare sketches, calculations, outline specifications, special conditions and other information. 2.5.4 Establish criteria for any additional geotechnical investigation or survey of the site. 2.6 Task 5: Mechanical, Electrical, Plumbin2: and Fire Protection 2.6.1 Review the schematic design concepts to select the HV AC systems for the buildings: Advise on the alternative choices and the implications of each including relative costs and general operation and maintenance requirements., 2.6.2 Develop initial information for later use in ASHRAE Energy Code Analysis. 2.6.3 Develop schematic designs for mechanical, plumbing, electrical, fire protection systems and verify general space and clearance requirements. , 2.6.4 Prepare narrative descriptions and analyze critical room sizes and locations. I 2.7 Task 6: .Soecialty Services 2.7.1 Security Consulting and Design: provide narrative description for access control systems, intrusion detection systems, duress monitoring systems, security inte,rcom systems, closed circuit television systems, metal detection and X-ray screening systems and coordination of system power and cooling requirements with the building systems and updated security ~~. . 2.7.2 Acoustics Design: provide narrative description for sound isolation for critical spaces,., room acoustics for courtrooms, sound isolation of mech~nical and electrical equipment rooms. 2.7.3 Audi9-visual Design: provide', narrative description for sound 'reinfqrcement, assistive listening, court reporting, and video/computer presentation systems for new courtrooms and coordination of system power and cooling requirements with the building systems. 2.7.4 Voice 'and Data Design: provide narrative description for a structured voice/data cabling system for the new and existing building with a connection between the two and coordination of system power and cooling requirements with the building systems. Page A - 6 January 7, 2003 . 2.7.5 Lighting Design: provide narratives description for luminaire specifications and layouts, for the new facility fayade, lobby and elevator lobbies of the new and existing facilities, site lighting including pedestrian circulation and landscape lighting for the new facility, public corridors for the new and existing facilities and courtrooms in the new, and existing facility. - 2.7.6 Graphic Design: provide description for signage and wayfinding systems for th~ new and existing facilities and the site. 2.7.7 Elevitor: provide narrative description for elevators in new facility and for code required improvements to elevators in the existing facility. 2.7.8 Furniture, Fixtures & Equipment: provide narrative description for furniture and fixtures (systems, workstations and loose accessories) and equipment (residential appliances for breakrooms, etc.). 2.8 Task 7: Landscaoe Architecture 2.8.1 Prepare master planning concepts. 2.8.2 Develop alternative solutions in relation to program requirements and site context. 2.8.3 Determine materials and design elements for landscape and irrigation design within project budget parameters. 2.8.4 Develop sketch plan in response to circulation, accessibility; and historic context considerations to be incorporated in Architect's site plan. 2.8.5 Presept master plan to officials and community representatives as may be . neces~ary. r 2.9 Task 8: Cost Control 2.9.1 Based 'on the schematic drawings for all systems, program documents, outline specifications, and discussions with the Owner and consultants, prepare a cost estimate using parametric quantities to determine building systems costs. The cost of the Work for the new facility and the cost of the Work f~r the improvements to. the existing facilitywill both be analyzed. 2.10 Task 9: Schematic Desie:n Deliverables The Architect shall deliver ten (10) sets of drawings and specifications of the following: . 2.10.1 Architecture Archi~ectl.iral Site Plan FlooriPlans (1/8 = 1'0") Building Elevations (l/8. = 1'0") , Building Sections (1/8" = 1'0") Typical Wall Sections (1/4" = 1'0") Narra~ive descriptions of primary materials / systems. Tabulation of building areas Page A - 7 JanuaI)' 7, 2003 'i 2.10.2 Structural Engineering Typical Conceptual Floor Framing Plan (1/8" = 1'0"). Narrative description of systems. 2.10.3 Mechanical/Plumbing Engineering Narrative description of systems addressing basic systems types but not capacities. Primary equipment room and chase sizes and locations. 2.10.4 Electrical Engineering Narrative description of systems addressing basic systems types but not capacities. Prim~ry equipment room and chase sizes and locations. 2.10.4 Civil ;Engineering Building and Parking Location Plan Conceptual Site Utility Plan 2.10.6 Speci~lty Services Narrative description of systems addressing basic systems types but not capac.ities. 2.10.7 Rendering Provide a three ~imensional sketch rendering of the approved design. The rendering shall depict the relative scale, color, and proportion of the new facility and existing facility. 2.10.8 Model Prepare a' scale mass model of the new facility, existing facility, project site and adjacent buildings. ARTICLE 3 - DESIGN DEVELOPMENT PHASES 3.1 The Design .Development phase for the New Facility work is anticipated to occur prior to the 'Design Development Phase for the Improvements to the Existing facility. Planned duration of each of the Design Development Phases is 65 working days with a subsequent 10 days for Owner review. Each Design Development Phase is divided into tasks, as follows: ., 3.2 Task 1: General 3.2.1 Provide assistance, to perform a general value engIneenng and constructability analysis. 3.2.2 Participate in progress meeting with the Owner on a regular basis, generally biweekly during design development. 3.2.3 At inception of the Design Development phase, incorp<?rate and respond to Owner comments relative to Schematic Design documents. 3.2.4 Conduct regular coordination meetings among the Architect's consultants, genefally biweekly. ' 3.2.5 Submit a completed Design Development package to the Owner for review, comment and approval. Conduct initial and final workshop during Own~r,'s review of Design Development package to facilitate Owner's Page A - 8 January 7, 2003 development of comments to be incorporated during the Construction Documents Phase. 3.2.6 Update project delivery schedule 3.3 . Task 2: Architecture 3.3.1 Further develop the approved ideas from the Schematic Design phase to fix the size and shape of the buildings and their components. 3.3.2 Establish the rationale for detailing of the elements of the project; refine the selection of finishes and materials. 3.3.3 In consultation with the engineering consultants, make decisions on systems alternatives, considering cost, function, and compatibility with program objectives. 3.3.4 Further refine plans, reflected ceiling plans, exterior and interior elevations, key sections, and key details to fix the complete scope of the work for Owner review and for construction cost verification. 3.3.5 Presert design drawings to the Owner for review and approval. 3.4 Task 3: Civil Ene:ineerine: 3.4.1 Modify engineering drawings in response to the architectural development of the design. 3.4.2 Review documentation in reference to regulatory requirements. 3.5 Task 4: Structural Efl1!ineerine: 3.5.1 Review geotechnical report and confirm recommendations for foundation system. 3.5.2 Prepare preliminary structural calculations. 3.5.3 Prepare preliminary foundation and framing drawings showing primary structural systerri"materials, approximate sizes, and critical details such as clearances. 3.5.4 Prepare structural specifications. , ~ 3,6 Task 5: Mechanical. Electrical. Plumbine: and Fire Protection 3.6.1 Further develop engineering design concepts. .. 3.6.2 Review modifications in response to architectural development. 3.6.3 Begin design of energy management system, acoustical and vibration control, and respond to" visual impacts. 3.6.4 Prepare preliminary loadcalcula~ions. 3.6.5 Determine chase and clearance requirements. 3.6.6 Choose equipment and lighting' fixture selections. Submit cuts for approval and review with the Owner. Page A - 9 January 7, 2003 3.6.7 Prepare an updated and expanded narrative description of systems with overall, capacities and quantities ba~ed on preliminary block load estimates with outline specs of materials and equipment. I' 3.7 Task 6: Soecialtv Services ; , Finalize decisions regarding systems choices and their integration. Prepare initial layouts, diagrams, and routing. Determine selection criteria and prepare updated and 'expanded narrative descriptions of systems with outline specifications of materials and equipment. 3.7.1 Security Consulting and Design 3.7.2 Acoustics Design 3.7.3 Audio-visual Design 3.7.4 V oice and Data Design 3.7.5 Lighting Design 3.7.6 Graphic Design 3.7.7 Elevator 3.7.8 Furniture Fixtures & Equipment 3.8 Task 7: Landscaoe Architecture 3.8.1 Meet with design team to verify site design. Modify site design in response to building design development and Owner preferences. Refine design development plans for site features, ~treetscape, planting, hardscape and irrigation. . Submit samples and design development drawings for review. Meet with community groups as appropriate for review of the design. Prepare outline specifications. 3.8.2 3.8.3 3.8.4 . 3.8.5 3.9 Task.8: Cost Control 3.9.1 Review all design development documents. 3.9.2 Prepare quantity survey listing all major elements 'of work and labor. Verify availability of key materials. 3.9.3 Review estimate. . 3.9.4 Revie,w and, discuss estimate results and options with the Owner. 3.10 Task 9: Desie:n Develooment Deliverables The Architect shall deliver ten (10) sets of drawings and specifications of the following: 3.10.1 Architecture . Floor Plans (1/8 = 1'0") Key Area Plans (1/4" = 1'0") Building Elevations (1/8. = 1'0") Building Sections (1/8" = 1'0") Typical Wall Sections (3/4" = 1'0") Page A " 10 January 7, 2003 Roof Plan (1/8 = 1'0") Interior Elevations (1/4" = 1'0") Reflected Ceiling Plans (1/8" = 1'0") Preliminary Door and Frame Schedule Updated tabulation of building areas 3.10.2 Structural Engineering Typical Floor Framing Plans (1/8" = 1'0") Preliminary Foundation Plan Preliminary Details 3.10.3 Mechanical/Plumbing Engineering Drawings indicating major equipment locations and arrangement and single-line depictions of major duct and piping routings, and utility service points. Typical Floor Plans Preliminary Equipment Selection An updated and expanded narrative description of systems and outline specs.' 3.10.4 Electrical Engineering . , Draw,ings indicating major equipment locations and arrangement and utilit)( service points. Prelititinary Riser Diag~am Typi~a,1 Lighting Plans (1/8" = 1'0") Typi~al Power Plans Preliminary Equipment Selection An u~dated and expanded narrative description of systems with overall capacities and quantities based on preliminary block load estimates. 3.10.5 Civil Engineering Building and Parking Location Plan Site Grading Plan Site Utility Plan Site Lighting Plan Preliminary Site Details 3.10.6 Specialty Services Preliminary system layouts, diagrams and routing and ha~dware/ eq ui pmentselections. An updated and expanded narrative description of systems with preli~inary hardware/equipment selections. 3.10.7 Landscape Architecture Landscape; irrigation and hardscape plan P'relim~nary details 3.10.8 Rend~ring . Provide a final three dimensional rendering of the approved design. The rendering shall depict the relative scale, color, materials and proportion of the facility. Page A - 11 . January 7, 2003 3.10.9 Models Prepare a scale model of the building and site area. The model shall demonstrate color and texture of the exterior building material. The model must be constructed of durable material and enclosed in a plexigl'as shroud to permit public viewing while providing adequate proteytion. ARTICLE 4 - CONSTRUCTION DOCUMENTS PHASES 4.1 The Construction Documents Phase for the new facility work is anticipated to occur, prior to the Construction Documents Phase for the Improvements to ~xisting Building work. Planned duration of each of the Construction Documents Phases is 110 working days with a subsequent 15 days for Owner review. Each Construction Document Phase is divided into tasks, as follows: 4.2 Task 1: General 4.2.1 Participate in progress meetings with the Owner on a regular basis, generally monthly during the Construction Documents Phase. 4.2.2 Incorporate and respond to Owner comments at inception of Construction pocuments. 4.2.3 Regular coordination meetings among the Architect's consultants, generklly biweekly during the Construction Documents Phase 4.2.4 Subm'it completed 'Construction Documents package to Owner for review, comment, and approval. Conduct initial and final workshop during Owner's review of Construction Documents package to facilitate Owner's development of comments to be incorporated during the Bid Phase. 4.2.5 Coordinate documents with all other disciplines, 4.2.6 Update project delivery schedule . 4.3 Task 2: Architecture 4.3.1 After: incorp9rating Owner's Design. Development comments, prepare construction drawings to clearly describe the construction requirements for bidding and' execution. This work will include dimensioning and delineatio~ of plans, sections, elevations, and details as well as schedules to define the work. 4.3.2 Prepare final specifications and written definitions of material, equipment, and il)stallation requirements.. 4.3.3 CoorQinate the documents of all consultants. . 4.3.4 Provioe cost consultant with data at 90 % completion for final cost review. 4.3.5 Submit completed documents to regulatory authorities for final comments and approvals in accordance with mandated procedures. 4.3.6 Revie~ completed documents with Owner prior to release forbidding. 4.4 Task 3: Civil Ene:ineerine: 4.4.1 Prepare complete construction drawings and specifications from the design development drawings. Page A - 12 January 7, 2003 4.4.2 Submit plans and specifications to local and state regulatory agencies for reVIew. 4.4.3 Provide cost consultant with data for final cost review. 4.5 Task 4: Structural Ene:ineerine: 4.5.1 Prepare final calculations. 4.5.2 Prepare structural drawings showing foundation and framing plans and sectiQns, dimensioned, detailed and identified to define the pnmary . structural system with appropriate details, schedules, and notes. 4.5.3 Develop final specifications. 4.6 Task S: Mechanical. Electrical. Plumbine: and Fire Protection 4.6.1 Prepare final design calculations. 4.6.2 Prepare construction documents to delineate systems installations, flow diagrams, and details for construction. 4.6.3 Coordinate and incorporate Owner 's requirements for the electrical outlet and communication systems locations. 4.6.4 Develop final specifications. 4.6.5 Complete computerized energy analysis for HV AC. 4.6.6 Design energy management system. 4.7 Task 6: Specialty Services Finalize layouts, diagrams, schedules and routing. Prepare final specifications. 4.7.1 Secur;ity Consulting and Design 4.7.2 Acoustics Design 4.7.3 Audio-,visual Design 4.7.4 V oice and Data Design 4.7.5 Lighting Design 4.7.6 Graphi~ Design 4.7.7 Elevators . . 4.7.8 Furniture Fixtures & Equipment (FFE) 4.8 Task 7: Landscaoe Architecture 4.8.1 Prepare construction drawings and details for exterior hardscape, irrigation and landscape work. 4.8.2 Prepare specificatio.nsfor hardscape, irrigation and landscape. 4.8.3 Parti~ipate in final reviews. 4.9 Task 8: Cost Control Page A - 13 January 7, 2003 f i , 4.9.1 Develop updated detailed cost estimate listing materials, assemblages, and labor factors. 4.9.2 Provide a market update including analysis of availability of trades and fabricators. 4.9.3 Review final cost estimate with Owner. 4.10 Task 9: Construction Document Deliverables The Ar~hitect shall deliver ten (10) sets of drawings and specifications of the following: , 4.10.1 Architecture Floor Plans (118 = 1'0") Key ~ea Plans (1/4" = 1'0") Life Safety Plans (1/4" = 1 '0") Building Elevations (1/8. = 1'0") Building Sections (118" = 1'0") Wall S,ections (3/4" = 1'0") Roof Plan (1/8 = 1'0") Interior Elevations (1/4" = 1'0") Reflected (::eiling Plans (1/8" = }'O") Details (1 1/2" = 1 '0") Door and Frame Schedule Updated tabulation of building areas 4.10.2 Structural Engineering Floor Framing Plans (1/8" = 1'0") Foundation Plan Details Schedules 4.10.3 Mechanical/Plumbing Engineering Floor J;>>lans Equipment Room Layouts Final Equipment Selection Schedules Details 4.10.4 Elect~i~al Engineering Riser Diagram Lighting Plans (1/8"= 1'0") Power Plans , Equipment ~oom Layouts Final Equipment" Selection 4.10.5 Civil Engineering Building and Parking Location Plan Page A - 14 January 7, 2003 ; Erosion Control Plan Utilit~es Plan Site Grading Plan Site Lighting Plan Site Details 4.10.6 Specialty Services Final system layouts and hardware/equipment selections Schedules Details 4.10.7 Landscape Architecture Landscape Plan Hardscape Plan Final Details 4.10.8 SpecifIcations Final'specifications in cSI format ARTICLE S - BID PHASES 5.1 The Bid Pha~e for the new facility work is anticipated to occur prior to the Bid Phase for the Improvements to Existing Building work. Planned duration of each of the Bid Phases is 50 working days with a subsequent 15 days for Owner review. Each Bid Phase is divided into tasks, as follows: 5.2 Task 1: General '5.2.1 Assist the Owner with coordinating the construction bidding process, establishing the bidding procedures, terms and conditions of the contract, and general requirements of the contractor. 5.2.2 The ~chitect shall assist the Owner in establishing a list of prospective bidders or contractors. 5.2.3 If req:~'ested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding D~)Cuments for distribution to prospective bidders for which the Own~r shall pay directly for the cost of reproduction. . - ; - 5.3 Task 2: Architecture 5.3.1 Review requestslor'substitutions. I " . 5.3.2 Assist in pre-bid conferences. 5.3.3 Prepare adderidato supplement the documents and clarify questions. 5.3.4 Assist in reviewing bids and making recommendatio~s. 5.4 Task 3: Other Consultants 5.4.1 Respond to requests for substitutions in their disciplines. 5.4.2 Prepare portions of addenda related to their disciplines. 5.4.3 Assist ~n reviewing bids. i. ' Page A - 15 January 7,2003 ARTICLE 6 - CONTRACT ADMINISTRATION PHASES 6.1 The Contract Administration Phase for the new facility work is anticipated to occur prior :to the Contract Administration Phase for the Improvements to Existing Facility work. Planned duration of the Contract Administration Phase for the new facility is 355 working days and for the Improvements to the Existing Facility is 215 working days. Each Contract Administration Phase is divided into tasks, as follows: 6.2 Task 1: Architecture 6.2.1 Attend project meetings twice a month to discuss project information. 6.2.2 Conduct field visits twice a month to observe and report on the progress of the work. 6.2.3 Review submittals, shop drawings, and requests for information. 6.2.4 Prepare supplemental drawings for clarification of details, as required. 6.2.5 cond~ct substantial completion inspections and develop punch lists. 6.2.6 Revie,w and make recommendations on the approval of contractor change order;proposals and payment requests. 6.2.7 Revi~w and comment on claims, disputes, or other matters between the Owner and contractor related to the execution of work as ,provided in the contract documents. 6.3 Task 2: Other Consultants 6.3.1 Attend project meetings to discuss project information. The frequency of said meetings for each discipline shall be determined by the Architect based on the normal and customary requirements for that discipline's attendance at the particular phase of construction work. 6.3.2 Conduct field visits to report on the progress of the work. The frequency of said visits for each discipline shall be determined by the Architect based on the normal andcustomary requirements for that discipline's visit at the particu~ar phase of construction work. 6.3.3 Review submittals, shop drawings, and requests for information. 6.3.4 Prepare supplemental drawings for clarification of details, as required. 6,3.5 condjict substantial completion inspections and develo"p punch lists. 6.3.6 RevieVy and make recommendations on the approval of contractor change order;proposals and payment requests. 6.3.7 Review and comment on claims, disputes, or other matters between the Owner and contractor related to the execution of work as provided in the contract documents. 6.4 Task 3: As-Builts and Record Drawings 6.4.1 Prepare and furnish one (1) set of reproducible record drawings of the project. Said record drawings shall reflect design changes made by the ARCIDTEcT during the Contract Administration Phase and shall reflect as-built conditions as recorded by the Contractor on as-built drawings ("as-builts") during the Contract Administration Phase. Page A - 16 January 7,2003 6.4.2 Furnish one (1) set of cADD files of the record drawings of the project. ARCIDTE~T and Owner shall mutually agree to certain normal and custo~ary limitations regarding the OWNER's use of said record drawings. \ , Page A - 17 January 7, 2003 EXHmIT B PROJECT DESCRIPTION This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the AR,CHITECT for professional architectural services. ARTICLE 1 - GENERAL 1.1 The following description of the project is based both on assumptions mutually agreed to as of the date of exec.ution of the AGREEMENT. All parties agree that assumptions will be evaluated and, if appropriate, may be revised during the course of the Project and may subsequently result in revisions to the Project Description the associated Scope of Services and compensation. 1.2 The project location at the site of the current Municipal Building located at 530 Greene Street, Augusta, Georgia 30901. 1.3 The basic program assumptions are based on the Augusta Richmond County Consolidated Government Judicial Center Space Requirements as developed in March/Aprilof2000. . ' 1.4 Total pmgr~11l of -:- 23\124 Gross Square Feet (GSF). Existing municipal building of i-lO~,OOO' GS,F (excluding basement) used to satisfy program . requirements. Existing Annexes and Patchen Building (-17,500 GSF) not used to satisfy program. New f~Cility of -132,124 GSF required to satisfy program. ARTICLE 2 - NEW FACILITY .2.1 ,Approximately, 132, 124 USF and four stories above grade with assumed cost of the construction work of $20,000,000. 2.2 Must operate/function without requiring improvements to the existing facility except as noted. 2.3 Provide design for future connectors, if any, to existing facility; overhead bridge connectors to be constructed with improvements to existing facility. 2.4 Building MEP systems. to be independent of existing. building with exception of, chillers and boilers; evaluate using excess capacity of two chillers and boilers in existing buil~~ng in conjunction with additional chiller/chillers and boiler/boilers to serve both;new and existing. 2.5 Voice/data system to interface with existing building after renovation. 2.6 Deep foundation system required; basel)1ent provided. Page B-1 January 7, 2003 ARTICLE 3 - IMPROVEMENTS TO EXISTING FACILITY 3.1 Existing building size - 103,000 GSF (excluding basement) with assumed cost of construction work of$12,000,000. Basement level = - 8,800 GSF Levell & 2 = -19,300 GSF Level) -13,032 GSF Levell 4 through 8 = -8,830 GSF Level 9 = -7,330 GSF 3.2 Core area/walls (stair towers, elevator, restrooms, mechanical) to remain with improvements only as required to meet applicable code and minor revisions by Owner. 3.3 Renovate elevators per code requirements. 3.4 Renovate toilet rooms per code requirements; replace' existing risers/piping. 3.5 Renovate electrical room per code requirements; upgrade panels. Provide for new telecom closet per floor. 3.6 For non-core areas, assume demolition and re-build of80% of area. 3.7 The two ceremonial Superior Courtrooms to remain with minimal renovation. 3.8 Existing 2 pipe mech piping distribution; convert to 4 pipe. 3.9 Existing hose racks at each end of main corridor on 'each floor served by fire pump; if required by code, provide additional standpipes. Provide new sprinkler system t~oughout building. Existing pull boxes and horns;' provide fire alarm system per, cbde,. 3.10 Re-seal joipts in marble of exterior wall. 3.11 Replace exist,ing roof membrane and, if required, increase/upgrade insulation. Provide add ",lternate for providing insulating glazing in existing exterior windows (re-glaze or re-place operable windows); include modifications to mechanica~ system requirements. ARTICLE 4 - SITE IMPROVEMENTS 4.1 No structured parking to be provided. 4.2 provide surface parking layouts for available space per building layout. ' 4.3 Except for the portion of the site adjacent to the entrance of the existing facility, provide for n~w landscaping for the whole site. . i f i I' ! . Page B-2 January 7,2003 EXHmIT C GENERAL PROVISIONS FOR ARCHITECTURAL SERVICES . This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the ARCHITECT for professional architectural services. For elements of the PROJECT whic~ are primarily building improvements, described in the referenced AGREEMENT, the ARCIDTECT shall perform professional services as ,hereinafter described, which shall include customary architectural, structural, mechanical, and electrical engineeririg services. These services, when performed in accordance with acceptable engineering and architectural practices, shall be the limits of the Architect's responsibility under this AGREEMENT. These Generai Provisions set forth the general requirements for the performance of the various architectural services for projects required under this AGREEMENT. The ARCHITECT under each duly executed Work Authorization shall perform the scope of work required by such Authorization, and, unless requirements to the contrary are specifically prescribed therein, shall perform the required services in accordance with the following requirements. ARTICLE 1 - ARCHITECT'S BASIC SERVICES , I' . The Architeq't's basic serVices shall be as outlined in Paragraphs 1.0 through 1.3, below and further Clescribed in Exhibit "A", Scope of Services, and shall include architectural, interiqr .design, including furniture, fixtures and equipment, structural, mechanical and ele4trical engineering services. A general description of the Project is provided in Exhibit "B", Project Description. The Project is divided into ten major Phases. Each Major Phase of the Project shall be authorized by the Owner with separate Work Authorizations, as per Exhibit "F", Sample Work Authorization Form. The Architect shall proceed with each Phase, ONLY upon receipt of an executed Work Authorization from the Owner and in accordance with the Project Schedule, as per the Preliminary Project Schedule, Exhibit "G", which the Parties hereto acknowledge may be modified from time to time based upon availability of funding or other causes. SECTION I - PHASES 1.0 Project Definition 1.0.2 ~ The ARCHITECT shall review the program and budget furnished by the OW~ER to ascertain the requirements of the Project and shall review its unde~sianding of such requirements with the OWNER. j . The ARCHI.TECT shall validate the space requirements provided by the OWNER, by means of interViews with user groups, and meetings with the OWNER to validate the capital budget. 1.0.1 Page C - 1 January 7, 2003 1.0.3 The ARCHITECT shall develop conceptual options for addressing those requirements between the new and existing facilities, establish the probable phasing and location of courts and related functions, and prepare cost estimates for various scenarios. 1..1 Schematic Design for New and Existing'Facilities Phase 1.1.1 . The ARCHITECT shall review the program and budget approved by the OWNER in the Project Definition phase to confirm the requirements of the Project and' shall review its understandirig of such requirements with .the OWNER. 1.1.2 Based upon the approved program and budget, the ARCIDTECT shall prepare, for appr'oval by the OWNER, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1).3 The ARCHITECT shall prepare a preliminary statement of probable construction cost for the New Facility and the Improvements to the ExistIng Facility based upon current area, volume or other unit costs. The ARCHITECT shall review and comment on the estimate of construction cost prepared' and, if requested by the OWNER, shall consult with the OWNER about changes as required to reduce the cost of the either the New Facility or the improvements to the Existing Facility, as directed by the OWNER. ,1 I, 1.2 Design Development for New Facility Phase 1.2.1 Based upon the approved Schematic Design Documents and any adjustments authorized by the OWNER in the program or Project budget, the ARCHITECT and the consultants shall prepare, for approval by the OWNER, Design Development Documents consisting ()f drawings and other documents to fix and describe the size and character of the New Facility as to 'architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 1.2.2 The OWNER shall review the Design Development Documents and advis~ the ARCHITECT of any revisions which are recommended. 1.2.3 The 4-RCHITECT shall furnish an updated estimate of the probable cost of construction for the New Facility. The ARCHITECT shall review and comrrient on the estimate of construction cost prepared and, if requested by the OWNER,-shall consult with the OWNER about changes as required to reduce the cost ofthe New Facility. I Page C - 2 January 7, 2003 !; I ~ 1.3 construction'Documents for New Facility Phase 1. 3.1 Based upon the approved Design Development Documents and any further adjustments authorized by the OWNER in the program or the New Facility budget, the ARCHITECT shall prepare, for approval by the OWNER, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the ,New Facility. No construction documents shall be released for bidding until the Construction Documents are complete for the purpose intended and approved by the OWNER. , . 1.3.2 The ARCHITECT shall assist the OWNER in connection with their responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. '; 1.3.3 When .the Construction Documents are 50% and 100% complete, the ARCHITECT shall furnish updated estimates of the probable cost of construction of the Project. The ARCHITECT shall review and comment on the estimate of construction cost prepared and, if requested by the OWNER, shall consult with the OWNER about changes as required to reduce the cost of the New Facility. 1.4 Bidding of New Facility Phase 1.4.1 The ;~RCHITECT, following the OWNER's approval of the Construction Documents and of the latest statement of probable construction cost, shall assist the OWNER in reviewing bids and in awarding and assisting the OWNER in preparing the contract for construction. Notwithstanding the OWNER's approval of the cons~ruction Documents, the ARCHITECT shall remain responsible for compliance with all code and regulatory compliance and for any errors or omissions in the Construction Documents. It is intended that the terms and conditions for the OWNER's agreement with the Contractor shall be consistent with the terms of this AGREEMENT. In the event that there are any inconsistencies between the terms and conditions of the OWNER's agreement with the contract for construction and this AGREEMENT, the terms of this AGREEMENT shall control. I 1.4.2 The Construction Documents prepared by the ARCHITECT pursuant to this AGREEMENT and by the consultants, including the structural, I)1ech~nical and' electrical engineers, the contract for construction with the contfa'ctor, -the conditions thereof, and any addenda, modifications or change orders shall be referred to hereafter as the "Contract Documents." 1.4.3 The ~RCHITECT's assistance in obtaining bids or preparing a bid list shall not constitute a representation as to the financial solvency of any , Page C - 3 January 7, 2003 biddeL The OWNER shall be responsible for taking all necessary steps to verify the financial status of such bidders inCluding, where deemed necessary by the OWNER, requiring the Contractor to secure performance or payment bonds as a condition of performing the work. 1.4.4 The ARCHITECT shall assemble, print and assist the OWNER in distributing bid packages to all bidders, and shall answer inquiries from bidders and prepare necessary interpretations, clarifications and addenda to the Construction Documents issued for bid. The cost of printing shall be directly billable to the OWNER. The ARCHITECT shall assist the OWNER in conducting a pre-bid conference in order to share pertinent biddit;lg and technical information and requirements with prospective bidders. 1.4. 5 The f\,RCHITECT shall assist in the preparation of alternates and substitutions and review and approve submittals of such proposals where appro'priate. Any material changes to the Construction Documents due to such alternates or substitutions will be compensated as an additional service. 1.5 Construction of New Facility Phase 1.5.1 Contract Administration shall commence with the award of any contract for construction. or the issuance of a Work Authorization and, together with the ARCHITECT's obligation to provide basic services under such Work Authorization, shall terminate upon the earlier of the date when final paym~pt to the prime Contractor is due or sixty (60) days after substantial completion of the New Facility. I' 1.5.2 The ARCHITECT shall visit the site and attend the construction meetings held on the day of its site visit twice per month not to exceed twenty four (24) '{'i.sits per year, to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding substantially in accordance with the Construction Documents. However, the ARCHITECT. shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. On the basis of such on-site observations, the ARCHITECT shall advise the OWNER Of the progress and observed defects or deficiencies in the work of the prime contractors. Additional site visits' shall be deemed to be additional services. 1.5.3 The ARCHITECT shall not have control or charge of and shall not be respon~ible for construction means, methods, techniques,. sequences or proce~~res, or for safety precautions and programs in connection with the work,''for the acts or omissions of any of the contractors, subcontractors or any other persons performing any of the work, or for the failure of any of Page C - 4 January 7, 2003 them ,to meet their schedules for completion or to carry out the work in accordance with the Contract Documents. , . 1.5.4 Based on its observation of the work pursuant to Paragraph 1.5.2, and its review of the monthly requisitions for payment prepared by the , Contractor, the ARCHITECT shall recommend payment by the OWNER to the contr~ctor in accordance with the ARCHITECT's professional judgment as to the quantity and quality of the wo~k performed as of each requisition. The ARCHITECT's recommendation of certification for payment shall constitute a representation to the OWNER, based on the ARCHITECT's .periodic observations of the Work as provided in Paragraph 1.5.2, and Qn the data comprising the Contractor's Application for P~yment, that; to the best of the ARCHITECT's knowledge, information and belief, the work has progressed to the point indicated and that the quality of the work is in accordance with the Construction Documents prepared by the ARCHITECT. The foregoing representations are subject (1) to an evaluation of the work for conformance with the Construction Documents upon substantial completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Construction Documents prior to completion, and (4) to specific qualifications expressed by the ARCHITECT. 1.5.5 The ARCHITECT shall consult and recommend to the OWNER rejection of work which' does not conform to the Construction Documents. However, neither this authority of the ARCHITECT nor a decision made , in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the ARCHITECT to the Contractor, subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the work. ; I . 1.5.6 The ARCHITECt shall review and take appropriate action on Contractor submittals, such as shop drawings, product data and material samples, for conformance with the design concept of the work and with the information given',jn the Construction Documents. Such action shall be taken with reasonable promptness so as to avoid delay. The ARCHITECT's review may De delayed if such submittals are not delivered to the ARCHITECT in accordance with the submittal schedule agreed to by the OWNER, the ARCHITECT and the' Contractor. The ARCHITECT's review of a specific item shall not extend to review of an assembly of \.Vhich the item is a component., _When professional certification of performance characteristics of materials, systems or equipment is required by the Construction Documents, the ARCHITECT shall be entitled to rely on such certification to establish that the materials, systems or equipment will meet the performance:criteria of the Construction Documents: ~ ; . i ! 1 Page C - 5 , January 7, 2003 1.5.7 The ~RCHITECT shall review change orders prepared by the OWNER and l1).ake recommendations to the OWNER for approval or disapproval of sucl:1 requests, and issue any necessary bulletins. Any changes to the const~ction Documents resulting from change orders not the fault of the ARC:&ITECT shall be an additional service. 1.5.8 The A;RCHITECT shall review reasonable, properly prepared, timely requests by the Contractor for additional information about the construction'Documents. Such requests shall be in a form prepared or approved by the ARCHITECT and shall include a detailed written statement that indicates the specific Drawings or Specification in need of clarification and the nature of the clarification requested. 1.5.9 The ARCHITECT shall conduct inspections to determine the dates of substantial completion and final completion, shall receive from the Contractor and forward to the OWNER for the OWNER's review written warrar~ies and related documents required by the Contract Documents and asserriRle~ by the Contractor. After the Contractor notifies. the ARCHITECT, that the Project is substantially complete and the ARC.ftITECT, based on its observations, concurs in this determination, the A~CHITECT shall prepare a punch list for the Project identifying . itemsJwhichthe ARCHITECT has observed as requiring remedial work. 1.6 Design Development for Improvements to Existing Facility 1.6.1 Based upon. the approved Schematic Design Documents for Improvements to the Existing Facility and any adjustments authorized by the OWNER in the program or the Improvements budget, the ARCHITECT and the consultants shall prepare, for approval by the OWNER, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Improvements to the Existing Facility as to architectural, structural, mechanical and 'electrical systems, materials and such other e1emerits as may be appropriate. , , I.! . . ,1.6.2 The OWNER shall review the Design Development Documents and advis~ 'the ARCHITECT of any revisions which are recommended. , I . ,1.6.3 The ARCHITECT shall furnish an updated'esti'mate of the probable cost j of construction for the Improvements to the Existing Facility, The ARCHITECT shall review and comment on the estimate of construction cost prepared and, if requested by the OWNER, shall' consult with the OWNER about changes as required to reduce the cost of the Improvements to the Existing Facility. Page C - 6 January 7, 2003 I , 1.7 Construction Documents for Improvements to the Existing Facility Phase 1.7.1 Based i upon the approved Design Development Documents for Impr6vements to the Existing Facility and any further adjustments authorized by the OWNER in the program or the budget for Improvements to the Existing Facility, the ARCIDTECT shall prepare, for approval by the OWNER, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the consduction of the Improvements to the Existing Facility. No construction documents shall be released for' bidding until the Construction Documents are complete for the purpose intended and approved by the.OWNER. 1. 7.2 The ARCHITECT shall assist the OWNER in connection with their responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. When the Construction Documents are 50% and 100% complete, the I . ARCpITECT shall furnish updated estimates of the probable cost of COl)stfUction of the Project. The ARCHITECT shall review and comment on ,i th:e estimate of construction cost prepared and, if requested by the OWNER, shall consult with the OWNER about changes as required to .reduc~ithe cost of the Improvements to the Existing Facility. 1.8 Bidding ofImprovements to the Existing Facility Phase 1.7.3 , 1.8.1 The ~RCHITECT, following) the OWNER's approval of the Construction Documents and of the latest statement of probable construction cost, shall assist the OWNER in reviewing bids and in awarding and assisting the OWNER in preparing the contract for construction. Notwithstanding the OWNER's approval of the Construction Documents, the ARCHITECT shall remain responsible for compliance with all code and regulatory compliance and for any errors or omissions in the Construction Documents It is intended that the terms and I ' conditi.ons for the OWNER's agreement with the Contractor shall be consi~tent with the ter,ms of this AGREEMENT. In the event that there \ are ~ny", inconsistencies between the terms and conditions of the OWN~R's agreement with the contract for construction and this AGREEMENT, the terms of this AGREEMENT shall control.' ~. : .( , . 1.8.2 The G~n~truction Documents prepared by the ARCHITECT pursuant to this AGREEMENT and by the consultants, including the structural, mechanical and electrical engineers, the contract for construction with the Contractor, the' conditions thereof, and any addenda, modifications or change orders shall be referred to hereafter as the "Contract Documents. " Page C - 7 January 7, 2003 ! ! 1.8.3 The ARCHITECT's assistance in obtaining bids Of preparing a bid list shall not constitute a representation as to the financial solvency of any bidder. The OWNER shall be responsible for taking all necessary steps to verifx the financial status of such bidders including, where deemed ne~essary by the OWNER, requiring the Contractor to secure perfofmance or payment bonds as a condition of performing the work. 1.8.4 The 1\.RCHITECT shall assemble, print and distribute bid packages to all bidders, and . shall answer inquiries from bidders and prepare necessary interpretations, clarifications and addenda to the Construction- Documents issued for bid. The ARCHITECT shall assist the OWNER in conducting a pre~bid conference in order to share pertinent bidding and technical information and requirements with prospective bidders. 1.8.5 The ARCHITECT shall .assist in the preparation of alternates and substitutions and review and approve submittals of such proposals where appropriate. Any material changes to the Construction Documents due to such alternates or substitutions will be compensated as an additional service. 1.9 construction:,?fImprovements to the Existing Facility Phase 1.9.1 co~dact Administrati~n shall commence with the award of any contract for construction or the issuance a Work Authorization and, together with . I . the ARCHITECT's obligation to provide basic services under such Work Auth<?~ization, shall' terminate upon the earlier of the date when final paym~nt to the prime contractoris due or sixty (60) days after substantial comP1etion of the Improvements to the Existing Facility. 1.9.2 The ARCHITECT shall visit the site and attend the construction meetings held on the day of its site visit twice per month not to exceed twenty four (24) visits per Year, to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding substantially in accordance with the Construction Documents. However, the ARCHITECT shall not be required to make exhaustive or continuous on-sit'e inspections to check the quality or quantity of the work. On the I, ' basis: of such on-site observations, the ARCHITECT shall advise the OWNER of the progress-and observed defects or deficiencies in the work of th~ 'prime contractors. Additional. site visits shall be deemed to be additional services. t,' . : I . , 1.9.3 The 1\RCHITECT shall not. have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or proced~res, or for safety precautions and programs in connection with the work,: for the acts or -omissions of any of the contractors, subcontractors or any o~her persons performing any of the work, or for the failure of any of Page C - 8 January 7, 2003 them to meet their schedules for completion or to carry out the work in accordance with the Contract Documents. 1.9.4 Based on its observation of the work pursuant to Paragraph 1.9.2, and its review of the monthly requisitions for payment prepared by the Contractor, the ARCHITECT shall recommend payment by the OWNER to the: Contractor in accordance with the ARCHITECT's professional judgll)~nt as to the quantity and quality of the work performed as of each requisition. The ARCHITECT's recommendation of certification for payment shall constitute a representation to the OWNER, based on the ARCHITECT's periodic observations of the Work as provided in Parag'r~ph 1.9.2, and on the data comprising the Contractor's Application for Payment, that to the best of the ARCIDTECT's knowledge, information and belief, the work has progressed to the point indicated and that the quality of the work is in accordance with the Construction Documents prepared by the ARCHITECT: The foregoing representations are subject (1) to an evaluation of the work for conformance with the Construction .Documents upon substantial completion, (2) to results of . subsequent tests and inspections, (3) to correction of minor deviations from the Construction Documents prior to completion, and (4) to specific qualifications expressed by the ARCHITECT. 1.9.5 The ARCHITECT shall consult and recommend to the OWNER rejection of work which does not conform to the Construction Documents. How~ver, 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, subcon:tractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the work. 1.9.6 The ARCHITECT shall review and take appropriate action on Contractor submittals, such as shop drawings, product data and material samples, for confoqnance with the design concept of the work and. with the information given in the Construction Documents. Such action shall be taken with reasonable promptness so as to avoid delay. The ARCHITECT's review may be delayed if such subt:J1ittals are not delivered to the ARCHITECT in accordance with the submittal schedule agreed to by the OWNER, the ARCHITECT and the Contractor. The ARCHITECT's review of a speci~c item shall not extend to review of an assembly of which the item is a ,component. When professional certification of performan'ce , charafteristics of materials, systems or equipment is required by the Construction Documents, the ARCHITECT shall be entitled to rely on such~ertification to establish that the materials, systems or equipment will meet the performance criteria of the Construction Documents. ' Page C - 9 January 7, 2003 , , ' t \ . 1.9.7 The ARCHITECT shall review change orders prepared by the OWNER and make recommendations to the OWNER for approval or disapproval of such requests, and issue any necessary bulletins. Any changes to the Construction ,Documents resulting from change orders not the fault of the ARCHITECT shall be an additional service. 1.9.8 The ARCHITECT shall review reasonable, properly prepared, timely requests by the Contractor for additional information about the Construction Doc;uments. Such requests shall be in a form prepared or appro'yed by. the -ARCHITECT and shall include a detailed written state'V~nt that indicates the specific Drawings or Specification in need of clariUsation and the nature of the clarification requested. 1.9.9 The ARCHITECT shall conduct inspections to determine the dates of substantial completion and final completion, shall receive from the Contractor and forward to the OWNER for the OWNER's review written ~ t . warra:n~ies and related documents required by the Contract Documents and assembled by the Contractor. The delivery to the OWNER of the written warranties and related documents required by the Contract Documents shall b,e a condition to the Project being determined to be substantially complete. After the Contractor notifies the ARCHITECT that the Project is substantially complete and the ARCHITECT, based on its observations, concurs in this determination, the ARCHITECT shall prepary a punch. list for the Project identifying items which the ARC~ITECT has observed as requiring remedial work. , , , ARTICLE 2 - RESPONSIBILITY OF OWNER . \. 2.1 The OWNER shall provide full information regarding its requirements for the Project, incl!-lding. a program' which shall set forth the OWNER's design objectives,' 1c,onstraints and criteria, including space requirements and relationships, ,flexibility and expendability, special equipment and systems and site requirem~rts. : \ 2.2 The OWNER: shall provide a proposed budget for the New Facility and for the Improvements, to the Existi'ng Facility, which shall include contingencies for bidding, changes in the work during construction, and other costs which are the responsibility of the OWNER. 2.3 The OWNER shall furnish a legal description and a certified land survey of the site, giving, ~s applicable, grades and lines of streets, alleys, pavements, and adjoining property; rights-of-way, ~estrictions, easements, encroachments, zoning deed restrictlqns, boundaries and contours of the site; locations, dimensions and complete dat~'pertainingto existing buildings, other improvements and trees; and fullinformat'ion concerning available service and utility lines, both public and private, abov~; and below grade, including inverts and depths. . I , , Pagec-I0 January 7, 2003 Ii .. : .. ' 2.4 The OWNER shall furnish the services of geotechnical engineers, soil engineers or other cclnsultants when such services are deemedc necessary by the ARCHITECT. ,Such services shall include, as required, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 2.5 The OWNER shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2:6 The OWNE~ shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the OWNER may require to verify the Contractor's applications for payment. J . 2.7 The services,; information, surveys and reports required by Paragraphs 2.3 through 2.6 inclusive!spall be furnished at the OWNER's expense, and the ARCHITECT shall be entitl~d to rely upon the accuracy and completeness thereof. 2.8 If the OWNER observes or otherwise bec,omes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the OWNER to the ARCHITECT. 2.9 The OWNEll has designated the Assistant Director of Public Works, Facilities Maintenance: Division, as its representative authorized to act on the OWNER's behalf with i :respect to, the' Project. The OWNER ~r ,such designated representativr(s) shall examine all documents and other information submitted by the ARCHITECT and shall give comments and render decisions and approvals pertaining the~eto with reasonable promptness and in compliance with the project schedule as agreed by the OWNER and the ARCIDTECT. ; ; ! 2.10 The OWNER shall provide reviews, direction, and render decisions in a timely manner pert~ining to documents a~d requests submitted by the ARCHITECT in order to avoiq unreasonable delay in the orderly and sequential progress of the ARCHITECT's services 2.11 The OWNER shall make available for the ARCHITECT's use all record drawings, maps, information- as to unusual conditions or practices affecting the ARCHITECT's services, soil data, etc., that are available to the OWNER. i 2.12 The OWNER shall pay all costs associated with special services authorized by the OWNER and all costs associated with obtaining bids from Contractors, .. including bl\t, not limited to cost of printing, postage and public notice of I, \1 , I Page C - 11 January 7,2003 , t i' advertisement,and all costs associated with submittals to regulatory agencies for fees, permits, etc. . ~ 2.13 The OWNER shall give ARCHITECT the right to take photographs of the Project or any Phase thereof for its own use. 2.14 The OWNE~ shall pay all costs incidental to compliance with requirements of these paragraphs, excepting paragraph 2.13. ARTICLE 3 - CONSTRUCTION COST 3 . 1 The construction cost shall be the total cost or estimated cost to the OWNER of all elements, of the Project designed, specified or coordinated by the ARCHITECT and its consultants. , i I (, ' 3 . 2 The construc~ion cost shall include at current market rates, including a reasonable allowance for overhead and profit and contingencies, the cost of labor and materials fUIinished by' the OWNER, or any contractor or supplier and any , equipment which has been designed, specified, selected, coordinated or specially provided for Py the ARCHITECT and its consultants. 3 . 3 Construction cost does not include the compensation of the ARCHITECT and the ARCHITECT's consultants, reimbursable expenses of the ARCHITECT or any consultant: of the OWNER or the ARCHITECT. 3 . 4 Evaluations of the OWNER's budget for the various Phases or statements of probable construction cost, if any, prepared by the ARCHITECT"represent the ARCHITECT's best judgment as a design professional familiar with the construction ,industry. It is recognized, however, that neither the ARCHITECT nor the OWN~R has control over the cost of labor, materials or equipment, over the Contract6~'s methods of determining bid prices, or over competitive bidding, market or' negotiating conditions. Accordingly, the ARCHITECT cannot and does not warrant or represent that bids or negotiated prices will not vary from the budgets proposed, established or approved by the OWNER, if any, or from any statement of< probable construction cost or other cost 'estimate or evaluation prepared by the ARCHITECT. ! . 3 . 5 If a Project Qlfdget or fixed limit of construction cost is exceeded by the lowest bona fide bid, !the OWNER shall (1) give written approval of an increase in such fixed limit, (2) authorize re-bidding or renegotiation within a reasonable time, (3) if the Project Phase .is to be abandoned; terminate for convenience in accordance with Paragraph 5.2, or (4) cooperate with the ARCHITECT, who, as an additional service, both shall revise the Project Phase's scope and quality as required to reduce the construction cost and shall assist with re-bidding or renegotiating, provided that, however, if the lowest bona fide bid exceeds the . .; I I I ~ Page C - 12 January 7, 2003 Project Phase budget by more than twelve (12%) percent, then such revision of the Project Phase's scope and quality to reduce the construction costs and the associated required re-bidding or renegotiation shall be part of the ARCHITECT: S basic services. ARTICLE VI - OWNERSHIP AND USE OF DOCUMENTS 4.1 The OWNER shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information and reference in connection with the OWNER's use and occupancy of the Project. The drawings and specifications shall not be used by the OWNER on other projects, or for completion of this Project by others provided the ARCHITECT is not in default under this AGREEMENT, except as provided herein. 4.2 Submission or distribution to meet official regulatory requirements or for other purposes in c<;mnection with the Project is not to be construed as publication in derogation of the ARCHITECT's rights. 4.3 As a conditi<;m 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 ARCHITECT. The parties acknowledge that there are numerous factors which may result in errors or discrepancies in data on disc, including wirhout 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 ~RCHITECT shall have no liability therefor. i 4.4 The OWNER further agrees that in the event that it, its officers, elected officials, employees, agents or independent contractors use the cADD files as permitted herein, to the fuilest extent permitted by law, it shali hold harmless ARCIDTECT, its partners and employees, from any and all actions, claims, damages, def!lands, liabilities,. losses, judgments, costs or expenses, which any of them may in~ur 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. Page C - 13 January 7, 2003 4.5 All documents including drawings and specifications prepared by the ARCHITECT pursuant to this AGREEMENT are instruments of service with respect to the PROJECT They. are not intended or represented to be suitable for reuse by O'Y'NER ,or others on extensions of the PROJECT or on any other PROJECT {\Py reuse without written verification will be at OWNER's sole risk and with no liability or legal exposure to ARCIDTECT. Any such verification or adaptati0I1'willentitle ARCHITECT to further compensation at rates to be agreed upon by OWNER and ARCHITECT. Notwithstanding these provisions the OWNE~ ~hall be provided upon r~quest a reproducible copy of any drawing produced und~r this AGREEMENT at the cost of reproduction, and will be permitted full use of such documents subject to the limitations set forth herein. ARTICLE 5 - TERMINATION 5.1 This AGREEMENT or any Work Authorization may be terminated in whole or in part in writing by either party in the event of substantial failure by the other . party to fulfill its, obligations under this AGREEMENT or any Work Authorization., through no fault of the terminating party, provided that no such termination ~ay be effected unless the other party is given: J 5.1.1 Not l~~s than 10 calendar days written notice of intent to terminate; and, 5.1.2 An opportunity for consultation with the terminating party prior to , . . \ termInation. . 5.2 Thi~ AGRE:~M:ENT or any Work Authorization may be terminated in whole or in part in wri~i:ng by either party without cause on sixty (60) days written notice. 5.3 Upon receipt of a termination notice, the ARCHITECT shall promptly discontinue all services affected (unless the notice directs otherwise) and deliver or otherwise make available to the OWNER all data, drawings, specifications, reports, estimates,. summaries, and such other information and materials as may have been accumulated by.the ARCHITECT in performing' this AGREEMENT or any Work Authorization, whether completed or in process. I I 5.4' . If this AG~EMENT or any Work Authorization is terminated by either party, the ARCH~rECT . shall " be paid for services rendered' pursuant to this AGREEMENT or any Work Authorization including payment for any services required or expenses incurred for the purpose of terminating this AGREEMENT . l. . . or Work Authorization.' If ,termination of the AGREEMENT occurs at the conclusion of one phase and prior to authorization of the OWNER to begin the next phase, payment by the OWNER of the completed phase shall be considered full compensfirion due the ARCHITECT. Page C - 14 January 7, 2003 ARTICLE 6 - SUSPENSION OF THE PROJECT 6.1 In the event any Phase of the Project which has been authorized by a Work Authorization is suspended in whole or in part for more than ninety (90) consecutive days, the ARCHITECT shall be compensated for all services performed prior to receipt of written notice of such suspension, together with demobilizati<?n costs and reimbursable expenses due. The ARCHITECT shall resume work upon thirty (30) days notice from the OWNER provided that the OWNER: shall 'compensate the ARCHITECT and its consultants for any remobilizatio~ costs incurred in connection with the suspension. The ARCHITECT's compensation shall also be increased to offset any increase in the ARCHITECT's costs during the period of suspension. 6.2 Any services 'requested by the OWNER and performed by the ARCHITECT during a period of suspension shall be compensated as additional services. ARTICLE 7 - PROJECT CONDITIONS 7.1 Hidden Conditions on theProiect Site. The Project includes a renovation of an existing structure and it is impossible to anticipate all problems that may arise in connection ~ith the Project until full exploratory testing can be-performed by the OWNER's !consuItants during the, course of construction. While the ARCHITEc;T shall seek to determine any problems that might arise, it is not possible to detect hidden conditions which might be uncovered once construction begins. In t~~ event such unanticipated or hidden conditions are uncovered, the ARCHITECT shall notify the OWNER of same. The ARCIDTECT shall not be responsible for additional costs or delays resulting from such conditions. 7.2 Hazardous and Toxic Materials. This Project may uncover-hazardous or toxic materials or ,pol.1utants, including, but not limited to asbestos-related materials, lead, polyvinyl chloride and soil contaminants. Notwithstanding any provisions in this Agreement to the contrary; the ARCHITECT and its consultants are not responsible for the performance of any services in connection with or related to such materials and the OWNER hereby agrees to retain an expert or experts to arrange for the prompt identification pf, and/or removal or freatment of such materials ideJ).tified during the course of the Project. The OWNER further agrees, to t~e fullest extent permitted by law, to defend, and hold the ARCHITE~,T and its partners, officers, directors, shareholders, agents and employee~, ~~rmless from any claims, liabilities, injuries, costs or expenses, incurred by *I)y of them arising out of, or in any way related to the existence of such materials' onthe'ProjecL , . ! I I: Page C - 15 January 7, 2003 ARTICLE 8 - INSURANCE 8.1 The ARCHITECT will provide and maintain the following insurance coverages on an occurrence or claims made basis, as applicable, underwritten by insurance carriers reasonably satisfactory to OWNER and licensed to do business in the State of Georgia. Type ofInsurance Limits A. I W ork'er' s Compensation Statutory B. Employer's Liability Not less than $100,000/$100,000/$300,000 c. '1 I 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. Profe~sional Liability ! ! Not less than $1,000,000 per claim and $2,000,000 annual aggregate with a $25,000 deductible. 8.2. The aforesaid policies will provide that they will not be cancelled or terminated and the limit of coverage will not be reduced until at least thirty (30) days prior notice thereof shall have. been given to the OWNER. The ARCHITECT shall deposit certificates of such insurance with the OWNER upon execution of this AGREEMENT. The OWNER shall be named as an additional insured with respect to all of the above-policies except Workers' Compensation Insurance and Professional Liability Insurance, and the ARCHITECT shall main'tain this insurance in force for a period of at least three (3) years after the completion of the Project in the amounts' stated above. ARCHITECT shall maintain all insurance cov~rage noted above at ARCHITECT's sole cost and expense. ' :, f ARIT'ICLE 9 - RESPONSmILITY OF ARCHITECT 9.1 The ARCHI1;ECT shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, Page C - 16 January 7,2003 I' ' . f specifications, reports, and other services furnished by the ARCHITECT under this AGREEMENT with such obligations being satisfied when performed in accordance with the standard of care exercised by the profession of architecture generally. 9.2 As part of its basic services, the ARCHITECT shall retain the following consultants as required in connection with the Project: civil, landscape, structural, mechanical, electrical" plumbing and fire protection engineers, cost estimating, acoustical, audio-visual, voice and data communications, lighting, interiors, graphics, elevator and security consultants. 9.3 Approval by the OWNER and other agencies of drawings, designs, specification$,' reports, and incidental engineering work or materials furnished hereunder shall not in any way relieve the ARCHITECT of his responsibility for , I 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. ,; i 9.4 The ARCHITECT shall perform its services as expeditiously as is consistent with professiqnal skill and care and the orderly progress of the work. Upon request of the OWNER, the ARCHITECT shall submit for the OWNER's approval, revisions to the Preliminary Project Schedule for the performance of the ARcIDTEcT'S' services, Exhibit "G", with additional detail as may be reasonably required, which shall be adjusted as required as the Project's Phases proceed and shall include allowances for periods of time required for the OWNER's review and approval of submissions, and for approvals of authorities . having jurisdiction over the Project. This schedule and the adjustments thereto, when appro~ed by the OWNER, shall not, except for reasonable cause, be exceeded pi' the ARCHITECT, provided that the ARCHITECT shall not be responsibl~ for delays outside its control. . , ARTICLE 10 - LIABILITY ! j 10.1 The ARCHITECT shall not be responsible or held liable for consequential damages including loss 'qf profit, loss of investment, loss of product or business interruption. In no event shall the ARCHITECT's liability pursuant to this AGREEMENT exceed the available proceeds of the insurance coverage maintained by the ARCHIT,ECT pursu~nt to Article 8 of this AGREEMENT. , 10.2 . The ARCHITECT shall not be responsible for any time delays in the Project caused by the loss or destruction of any portion of the Project including, but not limitedto, fire, theft, smoke, storm, vandalism, sudden or accidental damage from irregularities, .in, electrical current, or any other circumstance beyond the ARCHITECT's control. Page C - 17 January 7, 2003 , ! : 10.3 Subject to the:foregoing terms of this section, AR(:HITECT agrees to indemnify, defend and saxe harmless the OWNER, its officers, agents, and employees from any and all losses, claims, costs or damages, including reasonable counsel fees, to the extent r~sulting from any negligent acts, errors or omissions by the ARCHITECt . and its employees, in connection with or incident to its performance of this Contract. ARTICLE 11 - MISCELLANEOUS PROVISIONS 11.1 Audit - Access to Records 11.1.1.1 The ARCHITECT shall maintain books, records, documents, and other evidenc,e directly pertinent to the work under this AGREEMENT in accordance ~:ith generally. accepted accounting principles and practices. The OWNER,: or' any of their duly appointed representatives shall have access to any books, docurlIents, papers, records, and other evidence for the purpose of examination, ~udit, excerpts, and transcriptions. 11.1.1.2 ; ; Records described above shall be maintained and made available , during the p~r:formanceunder this AGREEMENT and for a period of three years after the OW'N'ER makes final payment and all other pending matters are dosed. 11.2 Venue. 1l.2.1 All claims, disputes and other matters in question between the OWNER and ARCHITECT arising out of or relating to this AGREEMENT, or the breach , thereof, shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Legal proceedings shall be decided in the Superior Court of Richmond County, Georgia. ARCHITECT, by executing thisiAGREEMENT, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond' <;::ounty, Georgia. , . . . I j 11.2.2 The Owner and the Architect shall endeavor to resolve claims, disputes and other ma~ters in question between them by mediation which, unless the parties mutu~1'~y agree otherwise. . I , - i 11.3 Headings. Th~ headings of the Exhibits, Sections, Schedules, and Attachments as contained in this AGREE~ENT are for the purpose of convenience only and shall not be deemed to expand, .limit or change the provisions in such Exhibits, Sections, Schedules, and Attachments. 11.4 Assignment. ARCHITECT acknowledges that its services are unique and personal and its rights under this AGREEMENT may not be assigned or its duties or obligations delegated without the express written consent of OWNER. fj Page C - 18 'January 7,2003 . 11.5 No Hire. A~CHITECT 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. 11.6 ThirdParty Relationships. Nothing contained in the AGREEMENT shall create a contractual relationship with, an obligation to, or a cause of action in favor of any third-party against either the OWNER or the ARCHITECT. ARCHITECT further agrees and acknowledges that ARCHITECT is not authorized under the terms of this Contract to bind the OWNER in any contractual undertakings with any third party as a result of said Contract, and ARCHITECT will not make any representation that it is capable of binding the OWNER. 11.7 Severability. If at any time, any term or provision of this AGREEMENT shall be , found to be invalid or unenforceable, the remaining provisions hereof shall, to the fullest extent" permitted by law, remain in full force and effect. ! 11.8 No Waiver.~o failure on the part of either party to exercise and no delay in exercising, any, right or remedy hereunder shall operate as a waiver thereof; nor shall any si~gle or partial exercise by either party of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or: ~emedy. 11.9 Captions. Captions of sections, paragraphs, subparagraphs, and clauses of this AGREEMENT are for convenience and reference only. 11.10 Personal Liability. To th.e fullest e~tent permitted by law, no personal liability shall accrue under this AGREEMENT against any individual, partner, officer, director, shareholder, representative, agent, employee, fiduciary or principal (disclosed or undisclosed) oft~e OWNER or ARCHITECT. , \ : I; , 11.11 Governing Law. The validity, performance, and all matters relating to the interpretation .and effect of this Agreement and any amendment thereto shall be governed by the laws of the State of Georgia. ' 11.12 Successors and'Assigns. The OWNER and the ARCHITECT, respectively, bind themselves, t~eir partners, officers, directors, shareholders, successors, assigns and legal representatives to the - other party to this AGREEMENT and to the partners, officers, directors, shareholders, successors, assigns and legal representatives of such other party with respect to all covenants of this AGREEMENT. Neither the OWNER nor the ARCHITECT shall assign, sublet or transfer any interest in this AGREEMENT without written consent of the other. Page C - 19 January 7, 2003 11.13 Complete Agreement. This AGREEMENT represents the entire understanding between the' OWNER and the ARCHITECT and supersedes all prior negotiations,. irepresentations or agreements, either written or oral. This . AGREEME~~ may be amended only in writing if signed by both the OWNER and the ARCHITECT. 'l' " 11.14 Certificates. The proposed language of certificates, certifications or statements requested of the ARCHITECT or ARCHITECT's consultants shall be submitted to the ARCHITECT fo~ review and approval at least fourteen (14) days prior to execution. The OWNER shall not request certifications that would require knowledge or services beyond the scope of this AGREEMENT 11.15 Force Maieure. The ARCHITECT shall not be responsible fo~ the consequences of acts of God (such as tornado, flood, hurricane, etc.);" the OWNER's, Contractor's, and their respective agents', employees', and subcontractors' acts, omissions to act, or failures to timely act; strikes, lockouts, or other labor disturbances; riots, insurrections and civil commotions; embargoes; shortage or unavailability, of materials, supplies, labor, equipment and systems, sabotage, vandalism, changes in the .requirements of laws, statutes, regulations, and other legal requirefuents; orders or judgments; and any other similar matters beyond the reasonable control of the ARCHITECT. 11.16 Notices. Notices required pursuant to this AGREEMENT shall be sufficient if delivered personally or by registered or certified mail, return receipt requested, as follows: : To the OWNER: Attention: " George Kolb Administrator 530 Greene Street Room 801 Augusta, Georgia 30911 With :a;copy to: i' James B. Wall ci"ty Attorney, P.O. Box 2125 Augusta, Georgia 30903 ! . Page C - 20 January 7,2003 To the ARCHITECT: Attention: Oscar L. Harris, A.I.A. Turner Associates / Architect's and Planners, Inc Suite 1300 57 Forsyth Street Atlanta, Georgia 30303 ARTICLE 12 - SPECIAL SERVICES 12.1 Additional or supplemental services shall be provided by the ARCHITECT if authorized or confirmed in writing by the OWNER, and shall be paid for by the OWNER as provided in this AGREEMENT, in addition to the compensation for basic services. Such services~include but are not limited to the following: 12.1.1 Preparing planning surveys or preparing special surveys, studies and submissions required for approvals of governmental authorities or others having)urisdiction over the Project. 12.1.2 Provi9ing services related to future or temporary facilities, systems and equipment which are not intended to be constructed during the construction phases or alternate systems considered after completion of the Design Development Phase. 12.1.3 Providing services to investigate eXIstIng conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other linformation furnished by the OWNER except as otherwise provided for in'this Agreement relative to the existing facilities on site. 12.1.4 Preparing documents or providing additional services for alternate, multiple, separate or, sequential bids, special phasing, alternate delivery methods or providing, extra services in connection with bidding, negotiation or con~truction, when requested by the OWNER. 12.1.5 Providing coordination of work performed by separate contractors or by the OWNER's own forces. 12.1.6 Proviqing estimates of construction cost, analyses of' owning and operating costs,: detailed quantity surveys, valuations or inventories of material, equipment, and furniture or detailed analyses, including quantity reviews, of bids in excess of the services provided as basic services. 12.1.7 Providing services required in connection with construction performed by I .' , the OWNER. Page C - 21 January 7,2003 .. 12.1.8 Preparing to serve or serving as an expert witness or performing other support services in connection with any public hearing, .mediation or legal ,proceeding, other than for any dispute between the OWNER and ARCHITECT. 12.1.9 Making revisions to drawings or other documents which are inconsistent with prior approvals of the OWNER, which are necessary as a result of material changes in the program, budget or scope of the Project or any Phase of the Project, or which are necessary as a result of changes in applidable law~ and regulations which become effective after such documents were. prepared. 12.1.10 Providing off-site. observations as requested by the OWNER. 12.1.11 Providing any other services not otherwise included in this, agreement including, but not limited to fountain design, food service equipment design~ under-slab drainage system design or design of computer systems, LAN systems or computer software. 12.1.12 Providing more than two reviews of Contractor's submittals to the extent that additional reviews were required due to the fault of the Contractor. . i ; ! ARTICLE 13- MISCELLANEOUS PROVISIONS , ' 13.1 Exhib~t "E", Payments and Miscellaneous Proyisions, specifies requirements for payments to ARCHITECT and other miscellaneous and mandatory provisions. . ; l , ; Page C - 22 January 7, 2003 . EXHmIT D DUTIES. RESPONSIBILITIES. AND LIMITATIONS OF AUTHORITY OF ,RESIDENT PROJECT REPRESENTATIVE This is an exhibit attached.to and made a part of the AGREEMENT between the OWNER and the ARCHITECT for Professional Consulting Services. For elements of the PROJECT described in the ~eferenced AGREEMENT, the ARCHITECT shall perform Resident Project Representative services in accordance with the following: \ ARTICLE 1 - SERV ICES 1.1 General: Resident Project Representative (RPR) will be the ARCHITECT's agent at the si~e, will act as directed by and under the supervision of ARCHITECT, and will confer with ARCHITECT regarding RPR actions. RPR's dealings in matters pe,rtaining to the onsite work shall in general be only with the ARCHITECT and Contractor, and dealings with subcontractors shall only' be through or with the full knowledge bf Contractor. Written communication' with OWNER will be only through or as directed by ARCHITECT. 1.2 Duties and Responsibilities ofRPR: 1.2.1, Schedules: I Review the progress schedule, schedule of shop ,drawing submissions, and schedule of values prepared by . : Contractor' and 'consult with the ARCHITECT' concerning : acceptability. 1.2.2 : Conferences and Meetings: Attend meetings .witn Contractor such as pre-construction conferences, progress meetings and other . conferences as required in consultation with ARCHITECT and ! : notify, those,'expected to attend in advance. 'Prepare and circulate copies ofminutes thereof.' ' 1.3 Liaison: . 1.3.1 Serve as the 'ARCHITECT's liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the contract documents. Assist the ARCHITECT in serving as the OWNER's liaison with the Contractor when the Contractor's operations affect the OWNER's . . onsite operations. Page D-l January 7, 2003 1.3.2 As requested by the ARCHITECT, assist in obtaining from the OWNER additional details or information, when required at the ,job site for proper execution of the work. 1.4 Shop Drawings and Samples: 1.4.1 Record date of receipt of shop drawings and samples, receive samples which are furnished at the site by Contractor, and notify the ARCHITECT of their availability for examination. 1.4.2 Advise the ARCHITECT and Contractor or its superintendent , immediately ~ of the commencement of any work requiring a shop drawing or sample submission if the submission has not been ; approved by the ARCHITECT. 1.5 Review of Work. Reiection of Defective Work. Inspection and Tests: 1.5. ] Conduct, on site observations of the work in progress to assist ARCHITECT in determining if the work is proceeding in . accordance with the contract documents and that completed work will conform to the contract documents. 1.5.2 Report to the ARCHITECT whenever RPR believes that any work is unsatisfactory, faulty, or defective .or do~s not conform to the contract documents or does not meet the requirements of any inspections, tests, or approval required to be made or has been damaged prior to final payment, and advise the ARCHITECT when he believes work should be corrected or rejected or should be uncovered for observation or requires special testing, inspection, or approval. 1.5.3 Verify' ~hat tests, equipment, and systems startups and operating and maintenance training are conducted as required by the contract I documents ,and in presence of the appropriate personnel, and that Contractor maintain~ adequate records .thereof; observe, record, , and report to the ARCHITECT appropriate details relative to test procedures and startups. 1.5.4 Accompany' visit!rig inspectors representing public or other agencies having jurisdiction over the PROJECT, record the results of these inspections, and report to ARCHITECT. 1.6 Interpretation of Contract Documents: Transmit to Contractor, ARCHITECT's clarifications and interpretations of the contract documents. Page D-2 January 7, 2003 .. 1.7 Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with RPR's recommendations'to ARCHITECT. Transmit to Contractor decisions as issued by:ARCHITECT. , 1.8 Records:, 1.8.1 Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and samples submissions, reproductions of original contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract, ARCHITECT's clarifications and interpretations of the contract documents, progress reports and other project related documents.' 1.8.2 Keep a diary or log book, recording hours on the job site, weather i ,conditions, data.' relative to Contractor's questions or extras or , deductions, -quantities of materials'installed on the PROJECT, list , ; of ,visiting officials and representatives of manufacturers, fabricators, suppliers, and distributors, daily activities, decisions, , observations in general and specific observations in more detail as in the case of the observing test procedures. Send copies to the ARCHITECT. 1.8.3 Record names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment. 1.9 Reports: 1.9.1 Furnish to ~RCHITECT and OWNER periodic reports as required of the progress of the work and Contractor's compliance : with the approved progress schedule and schedule of shop drawing submissions. ' 1.9.2 Consult with the ARCHITECT in advance of scheduled major I tests, inspections, or start of important phases of the work, 1.9.3 Report immediately,to the ARCHITECT upon the occurrence of any accident. 1.9.4 Review and verify Contractor's payroll submittals for compliance with Federal law pertaining to classification and wage rates. 1.10 Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward' Page D-3 January 7,2003 them with recommendations to the ARCHITECT, noting particularly their relation to the schedule, of values, work completed, and, material and equipment delivered at the site but not incorporated in the work. , 1.11 Certificates. Maintenance and Operation Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and deliver tl)is material to the ARCHITECT for his review and forwarding to OWNER' prior to final acceptance of the work. 1.12 Completion: 1.12.1 Before the ARCHITECT issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction, 1.12.2 Conduct final inspection in the company of ARCHITECT, OWNER, and Contractor and prepare a final list of items to be completed or corrected. 1.12.3 I Verify that all items on final list have been completed or corrected ~ . and make recommendations to the ARCHITECT concerning . . ~ . acceptance. . 1.13 Limitati6ns of Resident Project Representative's' Authority: 1.13.1 Except upon written instructions of the ARCHITECT, RPR: 1.13 .1.1 Shall not authorize any deviation from the contract documents or approve any substitute materials or equipment. 1.13.1.2 Shall not exceed limitations of the ARCHITECT's authority as set forth in the contract documents. , ' 'I i 1.13.1.3 Shall not undertake any of the responsibilities of . , Contractor, subcontractors, or Contractor's superintendent, J . or expedite the work. 1.13 .1.4 Shall not advise on or issue directions relative to any I . ' aspect" of the, means, methods, techniques, sequences, or procedures of con~truction unless such is specifically called for in the contract documents. 1.13.1. 5 Shall not issue directions as to safety programs In connection with the work. Page D-4 January 7, 2003 1.13 .1.6 Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 1.13.1. 7 Shall not authorize the OWNER to occupy or util ize the PROJECT in whole or in part, without the approval of ARCHITECT. 1.13.1.8 Shall not participate in specialized field or laboratory tests, or inspections conducted by others except as specifically authorized by ARCHITECT. Page D-5 January 7, 2003 .. EXHIBIT E , PAYMENTS AND MISCELLANEOUS PROVISIONS This is an exhibit attached to and made a part of the AGREEMENT between the OWNER and the ARCHITECT for professional architectural services. ARTICLE 1 .; PAYMENTS TO THE ARCIDTECT 1.1 The OWNER agrees to compensate the ARCHITECT for services performed in accordance with' one of the following methods as hereinafter set forth. It is further agreed that such compensation includes both non-reimbursable direct and indirect costs chargeable to the PROJECT under generally accepted accounting principles. 1.2 The method of payment and the amount of payment for specified services shall be detailed in each Work Authorization. The receipt of an approved Work Authorization will constitute the ARCHITECT's Notice-to-Proceed. 1.2.1 Based on, the Scope of Services as defined herein in the Agreement between the Owner and the Architect, and exhibits thereto, and, subject to negotiations based on revisions to said Scope of Services during preparation of each Work Authorization, following are the Architect's professional fees per designated ,?ompensation. method and the estimated reimbursable expense allowance for phases of the work: 1.2.1.1 Phase: Project Definition Lump Sum Method Lump Sum Fee Reimbursable Expense Allowance Total $ 374,425 $ 40.000 $ 414,425 1.2.1.2 Phase: Schematic Design for New and Existing Facilities Lump Sum Method Lump Sum Fee . Reimbursable Expense Allowance Total $ 521,910 $ 3 L 000 $ 552,910 1.2.1.3 Phase: Design Development for New Facility ,Lump Sum Method I Lump Sum Fee Reimbursable Expense Allowance T~~ = $ 458,880 $ 27.000 $ 485,880 Page E - 1 January 7, 2003 " 1.2.1.4 Phase: ~o'nstruction Documents for New Facility .Lump Sum Method Lump Sum Fee Reimbursable Expense Allowance Total 1.2.1.5 Phase: Bidding of New Facility Estimated Cost Plus Fixed Fee Method Estimated Cost Fixed Fee . Total Estimated Cost Plus Fixed Fee Reimbursable Expense Allowance Total 1.2.1.6 Phase: Construction of New Facility Estimated Cost Plus Fixed Fee Method Estimated Cost Fixed Fee . Total Estimated Cost Plus Fixed Fee Reimbursable Expense Allowance Total = $ 701,804 $ 44.000 $ 745,804 = = $ 75,577 $ 11.336 $ 86,913 $ 7.500 $94,413 = = $312,268 $ 46.840 $359,109 $ 35.000 $394,109 1.2.1. 7 Phase: Design Development for Improvements to the Existing Facility Lump Sum Method Lump Sum Fee . Reimbursable Expense Allowance Total ' $ 312,229 $ 22:000 $ 334,229 1.2.1.8 Phase:. Construction Documents for Improvements to the Existing Faci I ity Lump Sum Method Lump Sum Fee Reimbursable Expense Allowance Total 1.2.1.9 Phase>Bidding oflmprovements to the Existing Facility Estimated Cost Plus Fixed Fee Method' ~stimated Cost Fixed Fee ' , Total Estimated Cost Plus Fixed Fee Reimbursable Expense Allowance Total' Page E - 2 January 7, 2003 = $ 556,691 $ 39.000 $ 595,691 = $ 60,495 $ 9.074 $ 69,570 $ 7.500 $ 77,070 = = :. 1.2.1.lOPhase: Construction ofImprovements to the Existing Facility Estimated Cost Plus Fixed Fee Method Estimated Cost Fixed Fee Total Estimated Cost Plus Fixed Fee Reimbursable Expense Allowance Total = $250,422 $ 37.563 $287,985 $ 30.000 $317,985 1.2.1.11Resident Project Representative for New Facility Estimated Cost Plus Fixed Fee Method Estimated Cost Fixed Fee = Total Estimated Cost Plus Fixed Fee = Reimbursable Expense Allowance Total $227,200 $ 34.080 $261,280 $ 10.000 $271,280 , 1.2. 1. 12Resident Project Representative for Exist. Facility Estimated Cost Plus Fixed Fee Method 1 ESJimated Cost = Fixed Fee Total Estimated Cost Plus Fixed Fee Reimbursable Expense Allowance = Total $137,600 $ 20.640 $158,240 $ 8.000 $166,240 1.3 Unless otherwise approved in writing, the ARCHITECT is not to undertake any work prior to the receipt of an approved Work Authorization executed by the OWNER ).4 The OWNER shall compensate the ARCHITECT for the scope of services set forth in each .Work Authorization as follows: 1.4.1 ARCIDTECT'S Services. Basic Services arid Special Services shall be compensated using one of the following methods: i 1.4.1..1 ,Cost Plus Fixed Fee. Under this method of payment, the ARCIDTECT's compensation will be equal to direct hourly cost times a factor to cover both overhead plus non reimbursable direct non-salary expenses and a fixed fee to cover profit. The cost may be more or less than estimated, bUttDe fixed fee will neither increase nor decrease, unless there is a change in the scope, complexity, or duration of the work. In that event, the fixed fee" would be subject to re-negotiation. Should the total cost be more than the estimated budget in an approved Work Authorization, a supplemental Work Authorization covering the additional costs of the particular task in question will be prepared by the ARCJlITECT and submitted to the OWNER for review and approval. Page E - 3 , January 7,2003 'i 1.4.1.2 Hourly Fee Schedule. If the OWNER requests services not included within the scope of services provided in this AGREEMENT, they shall be provided if authorized or confirmed by the OWNER and they shall be, paid for by the OWNER in accordance with the ARCHITECT's hourly rate schedule which is set forth below: Turner Associates - Prime Architect Senior Principal $200.00 Principal $150.00 Project Manager $125.00 Project Architect $115.00 Construction Administrator $125.00 Senior Intern. $ 95.00 Intern $ 80.00 Administrative Support $ 50.00 Ricci Associates - Associate Architect : ,Principal $225.00 , ,Associate Principal $145.00 Senior Planner $120.00 Architectural Associate $100.00 Senior Architect $ 80.00 Junior Architect' $ 70.00 Designer $ 60.00 Planner . $70.00 Graphics $ 60.00 , ,The Woodhurst Partnership , . Principal Project Manager Project Architect .Architect . Construction Coordinator Senior Draftsman : . CAD, Level II CAD, Level I Intern Architect Computer Operator Draftsman . Clerical $135.00 $100.00 $ 80.00 $ 70.00 $ 65.00 $ 60.00 $ 55.00 $ 45.00 $ 45.00 $ 40.00 $ 35.00 $ 25.00 Page E - 4 January 7, 2003 i Cranston. Robertson & Whitehurst. P.e.- Struct. & Civil Ene:. . ,Senior Principal Engineer $160.00 Principal Engineer $135.00 Senior Professional Engineer $115.00 Professional Engineer $ 85.00 Project Engineer III $ 75.00 Project Engineer II $ 70.00 Project Engineer I $ 60.00 Engineering Technician II $ 60.00 Engin~ering Technician I $ 50.00 Landscape Designer I $ 60.00 Planner $ 60.00 cADD Operator III $ 70.00 cADDOpenitor II $ 60,00 cADD Operator I $ 45.00 Stenograpner $ 45.00 Ne~comb and Boyd - MEP & Soecial Technoloe:ies Partners Associate Partners Senior Commissioning Eng. Lighting Designers Specialty Engineers Commissioning Engineers Senior Engineers Engineers Specialty Technicians Commissioning Technicians . Technicians Clerical, $165.00 $140.00 $135.00 ' $120.00 $120.00 $110.00 $110.00 $ 85.00 $ 70.00 $ 70.00 $ 60.00 $ 50.00 Turner Construction Comoany - Cost Control Chief Estimator - ' $117.00 Senior Estimator - $ 88.00 Estimator - $ 70.00 The above hourly rates are for the year 2002 and are 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 c'urrent fee schedule, plus reimbursable direct non-salary expenses, inCluding the costs of additional consultants to the Architect plus a lump sum 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. Page E - 5 January 7, 2003 . '; 1.4.1.3 Lump Sum. For work that can be defined arid delineated in advance, payment to the ARCHITECT will be made on the basis of a lump sum. The agreed lump sum shall represent full payment for all payro'\l for direct salary cost, all overhead, all profit, anq the non- reimb'ursable direct non-salary expenses as hereinafter described. The lump'sum will not increase nor decrease unless there is a change in the scope, complexity, or duration of the work. In that event, the lump sum would be subject to re-negotiation, and ARCHITECT will prepare and subm~t a supplemental Work Authorization for OWNER approval. 1.5 General 1.5.1 Payments to the ARCHITECT on account of the above fees and expenses are payable upon receipt and are past due thirty (30) days after the date of invoices. . Invoices shall be submitted monthly for the amount of work carried out in that period. Past due accounts shall bear interest, to accrue to the ARcIDTECT, at the current prime rate pius one percent if not paid by the Owner within sixty (60) days of receipt by the,o.wner. 1.5.2 The following definitions will apply to the payments for services. 1.5.2.1 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. r ! 1.5.2.2 Ovefhead - For billing under the cost plus fixed fee method of payment, overhead as defined . herein shall be direct salary cost times the applicable overhead rate of the ARCHITECT, or its Consultant, when the Work Authorization is signed. 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. Applicable overhead rates for services in the year 2002 shall be in accordance with the schedule set forth below: t Turner Associates - Prime Architect ) : Overhead rate 7' 2.79 , The Woodhurst Partnership . : Overhead rate = 2.09 Cranston, Robertson & Whitehurst, P.e.- Struct. & Civil Ene:. \ ; Overhead rate =.2.69 Newcomb and Boyd - MEP & Soecial.Technoloe:ies Overhead rate = 2.11 Page E - 6 January 7, 2003 . .. 1.5.2.3 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. 1.5.2.4 Reimbursable Expenses - Reimbursable expenses are such actual expenditures -made by the ARCHITECT and the ARCHITECT's consultants in the interest of the Project. Reimbursable expense allowances represent estimates of reimbursable expenses to be incurred by the ARCHITECT and shall not be exceeded by'the ARcIDTEcT without prior approval of the OWNER which approval shall, not be unreasonably withheld. Reimbursable expenses include but are not limite.d to the following: 1.5.2.4.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel (business class); long distance telephone and fax communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 1.5.2.4.2 Expense of plotting, photographic production techniques and reproductions exclusive of the expense for in house reproductions performed by the Architect solely for coordination within the Architect's office or performed by an Architect's consultant solely for coordination within the Archite-ct's consultant's office. 1.5,2.4.3 Postage and handling of drawings, specifications, and other documents, courier, messenger and overnight delivery services 1.5.2.4.4 If authorized in advance by the OWNER, expense of overtime work at higher than regular rates. 1.5.2.4.5 Expense of renderings, models, and mock-ups requested by the OWNER exclusive of those otherwise required per this AGREEMENT. 1.5.2.4.6 Expense of any additional insurance coverage or limits, including professional liability insurance requested by the OWNER in exces,s. of that normally carried by the ARCHITECT and the ARCHITECT's. ,', . Reimbursable expense~; shall be billed to the OWNER at 1.1 times actual cost. Page E - 7 January 7,2003 . . ! ; . , i 1 ; EXHIBIT F JUDICIAL CENTER SAMPLE WORK A UTHORIZA TION FORM AUGUSTA, GEORGIA Work Authorization for Professional Services It is agreed to undertake the following work In accordance with the provIsIons of our AGREEMENT for Professional Services dated Description of Assignment: Basis of Compensation/Period of Services: Agreed as to the terms herein:- AUGUSTA, GEORGIA I' BY: ATTEST: ~ ' TITLE : MAYOR TITLE: CLERK TURNER ASSOCIATES / ARCHITECTS AND PLANNERS, INe.' 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'U ~ 1m '0 0 10 0) a. ,,,- E ~ in.. cu C IE z lii L~ ~ i III j'O cu I- 0 \z I~ '0 ro- lE ,- fa 11ii IS :0 Q o '=t N ~ N ~ (<) ~ II) ~ <0 ..... ~ ro ~ m o N ~ ~ '=t II) <0 ..... ro m N (<) If ~ 'l' ~' " ~ JUDICIAL CENTER WORK AUTHORIZATION # 1 AUGUSTA, GEORGIA Work Authorization for Professional SerVices It is agreed to undertake the following work in accordance with the provIsIOns of our AGREEMENT for Professional Services dated January 7,2003. Description of Assignment: 1.1' Provide Project Definition Phase services as herein described. 1.2 . The Scope of Services is as defined in Article 1 of Exhibit A of the AGREEMENT with the following exceptions: 1.2.1 Revise "1.7 Task 6: Security Consulting" to read as follows: "Provide general recommendations regarding security requirements for the new and existing facilities including preliminary identification of vulnerabilities and/or assets requiring protection and preliminary recommendations for the layout and configuration of the site and entrances and for site and facility hardening." 1.2.2 Delete paragraph 1.8.4 requiring a small scale mass model. 1.3 The Project Description is as defined in Exhibit B of the AGREEMENT with no exceptions to the requirements therein. 1.4 The General Pro;visions for Architectural Services are as defined in Exhibit C of the AGREEMENT ;withno exceptions to the requirements therein. -I i ~ ' Basis ofcompensation/P~riod of Services: . 2.1 The Payments)(),nd Miscellaneous Provisions are defined in Exhibit E of the AGREEMENT. except that for this initial Work Authorization, at Project inception, Architect may submit an, inv.oice at the time of the notice to proceed for a project initiation fee of eighty one thousand dollars ($81,000) with the purpose of said fee to be to avoid hardship, to the ARCHITECT by providing cash flow to the ARCHITECT for trye performance of the ARCHITECT's services until the first regularly scheduled ,payment is received from the. OWNER. The amount of the project initiation fee shall be credited against the final paymentto the ARcIDTEcT at the end of this Work Authorization. 2.2 The method of payment shall be lump sum with a Fee ofthree hundred sixty one thousand two hundred eighty dollars ($361,280). . 2.3 The Reimbursable Expense Allowance shall be forty thousand dollars ($40,000). ,2.4 The Period of Se'rvices shall be 84 working days with a subsequent 15 working days for Owner review. The attached Project Definition Schedule, dated January 7,' 2003, shall be ! ~ ] January 7, 2003 '.1.' i' reviewed at inception of this phase of services with revisions, if any, as mutually agreed I , to. Agreed as to the terms h~rein: AUGUSTA, GEORGIA 7l!;~ LE:c , ' TURNER ASSOCIATE,S / ARCHITECTS AND PLANNERS, INe. " . , . ( ; I' \ , ! 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