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HomeMy WebLinkAboutVirgo Gambell Augusta Richmond GA DOCUMENT NAME: \!\XCOD ~o..mbeu., DOCUMENT TYPE: ~'(ee.rYl-ert\- . YEAR: 0\ BOX NUMBER: \l\ FILE NUMBER: \ 5luL\ NUMBER OF PAGES: --'y7;) made as of the Fifth (5th} .. _'. : ". "ctayof Nove~be'r. -ir) ~~~ef~~ TWO, Th.ou.?a~d a~d :1~~~1 .( 29Q:~ ) '. rpv- BETWEEN the Owner: Augusta GeorgJa , (Name and address) 530~ Greene Stre-et. (, " . ',' __ I" : , Room 80)_,~Muriici,pal Building Augusta, Georgia 309il t / /' ? H /~ ,. :; , :.., / ~, ~ ". ,~ , ." 'i' E A M . E C N S T T o R 'C T C S T F A H E T E R A N u AlA Document B141 Standard Form of - Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LkGAL CONSEQUENCES; CONSULTATION WITH . AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT ," 1 in the year of .. ...' ~. : .'. i . . . and the Architect: . (Name and address) Virgo Gambill Architects 2531 Center Wes~ Parkway, Suite 200 Augusta, Georgia 30909 For the following Project: The project scope. includes the design of .6 new fire stations to (Inell/de detailed description of Project, tocation, address and scope.) be located on .var ious si tes in Augus ta - Richmond:" County, .GA. The 6 new stations will be designed as follows: 1 - New 4 bay "superstation" fir~ station 1 - New 3 bay fire station will be designed, and then; 1 ~ New 4 bay stiperstation fire station (with minor modifications if necessary) will be site adaptd in another l~cation, and 3 - New 3 bay fire, stations (with minor modifications if necessary) will be site adapted in other locations. Site~ include the following: 1 Broad Street, Augusta,GAi Willis Foreman @ Lace Road, Augusta, GA; Seago Road @'Brown Road, Hephzibah, GA; _1100 Block Hephzibah-McBean Road, h H~hzibah'dapd 113.700 Block WrightsbOl;O lRoad, Augusta, GA.. . T e uwner an Arc ltect agree as ser tanh De ow, ......~ Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, -1963, 1966, 1967, 1970, 1974, 1977, @1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT 8141 " OWNER-ARCHITECT AGREEMENT." FOURTEENTH EDITION" AlA"' "._@1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTQN, D.C. 20006 WARNING: Unllce~sed photocopying vlolaie!l U,S, copyright laws and is subject to legal prosecution. . " 8141-1987 1 ~ ~, .j .,: EDITOR'S NOTE From time to time, the AlA makes minor corrections and clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987 edition of B141 were made in Subparagraphs 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subparagraph 2.6.10 and Paragraph 4.5. See Section C of the Instruction Sheet for a detailed description of these changes. +y~ . 1~ t'. 1 .- {' TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER-AND ARCHITECT ARTICLE 1.. ' . ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S. SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. . ~ 1.1.2 The Architect's services sl1a11 be. performed as ex.pedi- tiausly as. is consistent with professional skill and.care and the orderly progress Of the Work. Upon requesF of the Owner, the Ar~hitect shall submit for the Owner's approval a schedule for the performance of the 'Architect'ssetvices which. may ,be adjusted as the Project proceeds, and shall include allowances for periods of time required for the .owner's review and for approval of submissions by authorities .having jurisdiction, over the .Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. , . . 1.1.3 The services covered by this Agr~ement are~ubject to the time limitations contained in Subparagraph q 5:1. . . . ARTICLE 2 Sc;OPE O(ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. --- 2.2 SCHEMATIC DESIGN PHASE 2.2.1 . The Architect shall review the program furnished by the Owner to ascertain. the requirements of the' profect and shall arrive at a mutual understanding of such requirements \vith the Owner. - . . - . . 2.2.2 The .Architect shall provide a preliminary evaluation of - the Owner's program, schedule and construction-. budget . requirements, each in terms of the other, subject to the limita- tions setforth in Subparagraph 5.2.1. .. ; - - . 2.2.3. The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon ,pr<?gram, schedule and. construction budget requirements, the Architect shall prepare; for approval by the Owner, Sc~ematic Design Doeu- mentsconsisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Ownera preliminary. estimate of Construction Cost based on current area, yolume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE . 2.3.1 Based on the approved Schematic [)esign Documents and any adjustments authorized by the.Owner i~ the program, , . ' schedule or construction budget,th~Architect 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 Project as to architectural, struc- tural," mechanical and' electrical systems, materials and. such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate C?: Construction Cost., 2.4 . CONSTRUCTION DOCUMENTS PHASE ',',-- 2.4.1 Based on the approved Design Deyelopmenl Docu- ments- and any further adju~t.m~!1~s in the scope or quality of. ~he Project or in .the construction hudget authorized by the Owner, the Architect shall prepare, for approval by. the Owner, Construction DocOments. cOl1sisting of Qrav:.irgs and Specific~- lions setting forth in detail the requirements for the construc- tion of the Project. - 2.4.2 The Architect shall assist the Owner in. the preparation of the necessary bidding information, bidding forms, ,the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor.. . . 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist. the .Owner in connection with. the .Owner's responsibility. for filing documents required for the approval of governmental ~uthorities having jurisdiction over the Project. ~))(- 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and bf the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. -"'-q.'L. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for tl}e Construction Phase Linder this Agreement commences with the award of the Contract for Construction and termi- nates at the earlier of the issuance, to the' Owner of the final Certificate for Payment or 60 clays after the date of Substan- tial Cplllpletiqn. of ihe ~or,k. - 2.6.2 The Architect shall provide admfnistration of the Con- tract for Construction as seUorth below and in the edition of ALA Document .A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in. this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written. agreement of the 9wner and Archite.ct with consent of the Contractor, which consent shall. not be unreasonably . withheld. ::.~ i AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' AlA"' . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK-AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ~y. qyJ > J .. . 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner'(l) during ~onstructionur:ltilfinal . payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from. time to time during the cor~ rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner orilY to'the extent pro{,ided in this Agreement. unless otherwise modifi~cr bv written instrument. . ". , ., 2.6.5 The. Architect shall, visit the site at intervals appropriate to the stage of construction or as otherwise. agreed: by. the Owner and Architect in writing to become generally familiar with trye. progress and quality of the .Work. ~ompleted and tp determine in general if the Work,is being performed in a man- ner indicating that 'the Work when completed will be in accoi~ dance with the Contract Documents. However, the Architect shall not be required to make e-xhaustive orcontinuous.on~site inspections to check the quality or quantity of the Work. On the basis of on~site observations as: an architect; the Architect ~hall keep the Owner inforIl1ed 'of the progressandcjuality of the Work, and shallencleavor to guard 'ihe~ Owner against defects and deficienci~s in the Work. (Mbre' extensive site representaiionmdy be agreed io.as il1fAddiiional Service, as described ill Paragraph 32) See .Exhibi t I 2.6.6 ,.The Architect shall not have control over or charge of and. shall notQe. re.?ponsible for construction means'.lJlethods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the ContractOr's responsibility under the Contract for . Construction. The Architect shall not be responsible for the epS' contractor'.s schedules or failure to carry o.ut the Work in accor.- dance with the Contract Documents' 'W*XA\r~~KjI;<I1liK~ lXNKXOOXKltNK<XX>X~KXCX~OOIDCOO~X}{ll{}QKOOXXJQrox:KX ~~_~.~M~.~nfix~K E hibit.I 2.6.' The Architect shall at all times have access to the Work wherever it is in preparation or progress. if 2.6,8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe. cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. inspections 2.6.9 Based on the Architect's di:iSm~ and evaluations of the Con~ractOr's Applications for Payment, the Architect shall review and certify the amounts due the Contrac.tor: , " 2.6.10 The Architect's certification for payment shall consti~ . tute a representation. to the Owner, based on the Architect's lnspectJ..ons..... I. .d d. S b h265 d _ . . _ ~:tt'lOf~ at .t le site as proVl e III u paragrap .. an on the data comprising the Contractor's Application for Pay- .J cp , ment, that, to the best of the Architect's knO\vledge, informa- 7i1lW. tion and belief,. the Work has progressed to the point indicated I..{- and the quality of \Xlork is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe~ cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied.. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or ., ..- . .. . quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences Or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data -requested- by the Owner to substantiate jJ~k> . the Contractor's right to payment or (4) ascertained how or for ( what purpose the Contr~~~or Q~~tJsed money p~eviously paid on account of the Contra.ct:-Surn' See Exhlbl t I 2.6.11 The Architett shair ha~e authority to;reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necess~rY or'advisable for implementa~ tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the.provisions of the Contract Docu- ments, whether or not. such Work is fabricated, installed or completed. Howe,,:er, neit~er this authority of the Architect nor a decision made in. good faith either to exercise or not to.exer- cise such auttiorityshallgive rise to a duty or responsibility of the Architect io the Contractor, Subcontractors, material and equipment. s\.1ppliers,'thdr agents or employees or other per- sons performingportki.ns of the Work. , : 1-' ) 2.6.12 The Architect shall review and approve or take other appropriate action upon .Contractor's submittals such as Shop Drawings, Product Data and' Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shaH be taken with such reasonable prorri'fnnesLls to cause. no }Ielay 'i.ri the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review afsuch submittals is not can- ducted for the purpose of determining the accl!facy and ~om- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation. or performance of equipment or systems designed by the Cat1t"ractor, all of which remain the responsibility. of the Contractor to the extent required by the Contract Documents.. The Architect's revi~w shall not constitute approval of safeiy precautions or, unless otherwise specifically stated by the Architect, o(constructioll; means, methods, techniques, sequences or procedures. The Architect's approval of a. specific item shall not., indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials; systems or equipment is required by the Contract Documents, 'the Architect shall b{(entitled tardy upon such certification to. establish that the materials, systems or equip- ment will meet the perfarmance criteria required by the Can~ tract Documents. . 2.6.13 The Architect shall prepare Change. Ordet;s and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3,. for the Owner's approval and execution in accordance with the Contract Documents, ane! may autharize minor changes in the Work not involving an adjustment in the Contract S':lmor an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date ~lr 'd:ates of Sllbstantial Cofnpletion and the date of final completion, shall receive and forward to the Owner for the Owner's review and. records written warraniiesand related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. - 3 8141-1987 AlA DOCUMENTB141 "OWNER-ARCHtTECT AGREEMENT 0 FOURTEENTH EDITION 0 AIA~-' o@1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopyIng violates U.S. copyright laws and is subjept to legal prosecution. .. I i' , .2.6.1.5 The Architect.sh:J.lI,interpret.and decide matters eon- . cerning. performance ofthe. Owner an'd . Contractor under the requirements of the Contract Documents.on written .request of either the Owner or Contractor. The Architect's response to such requests shall be .made with reasonable proniptness and within any time limits agreed upon: .' ..' . I' ':.. ~ ~ 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the .Contract Documents and shall be in ,writing.or in the form of drawings: When .making such interpretations and .initial 'deci. sions, the. Architect. shall endeavpr to secure, faithful perfor- m:mce by both Owner and Contractor, shall not,show partiality to either, and shall not be liable .for results of interpretations or decisions so rendered in good faith. ( , . ~ . 2.6.1:7. The Architect's decisions on matters;relating fO aesthe- tic effect shall, b~ final if co.nsistent. with the intent expressed in the Contract Documents. 2.6.18. The Architect shall render written decisions within a reasdnabletime on all claims, disputes oi: other inatters inques- tion' between the Owner :md Contractor.f<o!latihg to the execu- tion .or. progress of the Work ~:is provided in. die. Contract .nocuments.' ..! ','- ~~i,~~.~,~~~~~~ l(:Ntx!X;KKl(X~ililX}{OOXtXlM~r.a~~MK~c}fXiJ(~HX ~i)(I~x~~~nt&m~~xx,~K'kRtx~~~~*irnws fl~0 :i€leca i1x1 this t~greemeAt aHa if} tHe COfltfRet D0€UfneFlt..... . See Article 12.3. . . ,. ARTICLE 3 ,ADDITIONAL SERVI~ES:: 3; 1 GENERAL .. 3.1.1 The services described in this' Article 3 are not included in Basic Services unless so identified in Article 1'2; arid they shall be paid for by the Owner as provided"in this Agreement, in addition to the compensation for Basic Services. The services described 'under Paragraphs 3.2 and 3:4 shall,only be provided if authorized or confirmed in writing by the Owrier: If services described LInder Contingent Additional ServiCes in. Paragi:iph 3.3 are required' due to circumstances 6eyond the Architect's control, the Architect shall ,notify. the . Owner prior to com- ,mencing sl!ch services, 'If the o'wf}er.~le~ii1s t,hat such>ervJces described under Parag~aph 3.3 are ,not requir~d, iheOWner shall give prompt written notice. to tpe Architect. If the OWlier indicates in :::,"'riting that all or part of such ~o,ntingent'~ddi- tional Services are not required, the Architeclshall have no obli- gation to provide those services. .. 3:2 PR,O~ECT REPRESENTATION BEYOND BASIC :; , '; SERVICES. 3.2.1. If more extensive representation at the:'site th:m, is d~scribed in, Subparagraph 2.6.5 is required, the Architect.shall provide one' or nlOreProject Represen,tatlves. to asSist in c~rry- ~ng out such additional O?-sit~ ,re~pOns\b~lities. ',,' ,3.2.2 PrOject Representatives shall be selected, employed and directed by the Architect, and the Architect shall be coqipen- sated therefor.as agreed by' the Owner. ancl Architect:, The duties, responsibilities and limitations of authority of Project Representatives shall 'be as described. in, the edition of AlA Document B352 current as of the date of this Agreernent, unless otherwise agreed.. !t-""- 1: 3.2.3:Through the observations 'by' such Project Rep'resen- taiives: the; Architect shall endeavor to. provide fufther protec- tion for the Owner against defects and deficiencies'in the Work, but the furnishing . of. such project representation shall not modify the rights, respon'sibilitles' or obiig~tions of the ArchiteCt as described elsewhere in this Agreement.. . - ,. . ". 3.3 CONTINGENT .ADDITIONAL SERVICES 3.3.1. Making revisions in Drawings, Specifications .or other documents when such revisions are: ':" .: 1 incorisiste~t with approv~lsor insthictions previously given by the Owner, including revisions made neces. "'sary byadjustnlents hi the Qw!,\er"s program orProj- ect budget; , . '. . .2 required by the enactment or revision.'of codes, laws or. regulations -subsequent to the preparation 'or-such documents; or .3 . due to changes required as a result of theOwrier's fail- ~J..:__. ,~re to render decisions :in a timel~ ,manner. , 3.3.2 Providing services required because of significant changes in the Project including; but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding.or negotiating' and contracting for construction, except for services. required under Subparagraph 5.2,5;, . . '. 1.1;', 3.3.3 Preparing Drawings, Specifications and other documen- t:iticin and supporting data, evaluating Contractor's j:>roposals, and providing ot)1er services iI1 connection. .~ith Change Orders and Construction Change Directives, 3.3.4 Pr<,>viding services in connection with evaluating sub:?ti- . tutions proposed by tl.le Contractor and making subsequent revisi()l1S to Drawings"Speci.fications and otper d<;>cumentation resulting therefrom. ~.3.5. Providing consultationconcerning replacement of Work C1amagec) by fire ,or',othercause ~uring construction, and fur- . nishing . services' required in connection wi~h the replacement of such Work. ,. " ,,-G. 3.3.6 Providing services made necessary by the default of'the Contractor, by major defects or.deficiencies in the Work of the ~ Contractor, or by failure of performance of either the Owner qr , Contractor under the Contract for Construction. See. Exhl.bl. t I 3.3.7 Providing services in. evaluating an extensive number of .r--tJ1A/ claims submitted by the Contractor or others in- connection rv with the 'Work. 3.3.8, Providing services in connection with a public. hearing, arbitration .proceeding or. legaL proch:ding.,except where the Architect is party. thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. . 3.4 OPTIONAL' ADDITIONAL.::SERVICES' ,~.4.1 Providing analyses of the Owner's nee cis and program- ming the requirements oLthe"Project. ' 3.4.2' "Providing finallcial feasibility or other'~pecial st~dies. ," _ f..... '-. '. 3..4.3 Providing. planning surveys, 'site evaluations. or com- parative studies of prospective sites. AlA DOCUMENT 8141 . OWNER:ARCHITECT AGREEMENT. FOURTEENTH'EOITlON .. AlA'" .. @1987 . THE AMERICAN INSTITUTE OF ARCH.ITECTS. 1735 NEW YORK AVENUE, N:W.. ~ASHINGTON, D.C. 20006 WARNING: Unlicensed ptioiocopyiiig "itillite; u;s: co~yrlght laws and Is subject to legal p;.osecution, B141-t987 4 . ..J 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. ' 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to. make measured drawings thereof. 3.4.7 Providing, services to verify the accuracy of drawings or other information furnished by the Owner. .3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. -JCf ~ . 3.4.10 Providing detailed estimates of Construction Cost. See Exhibit I 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in. connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked-up prints, drawings and other c1ata furnished by the Contractor to the Architect. See Exhibit I 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic SerVices. 3.4.20 P.roviding any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. f1w I ,_;L. ARTICLE 4 OWNER'S RESPONSIBILITIES 4:1 The Owner shall provide full information regarding requirements for ,the Project, including a program which shall set forth. the Owner's objectives, schedule, constraints and cri- teria, including space requirements "and relationships, flexi- bility, expandability, special equipment systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish eti- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. \ 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner. pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential,progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project; and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of. streets, ,alleys, pavements and adjoining property and slructl,lres; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary c1a~a pertaining to existing buildings, other improvements and trees; and information concerning available utility services and' lines, both public and private, above and below grade, including inverts arid depths. All the information on the survey shall'be referenced to a Project benchmark. C.:"; I }- 4w6 The Owner shall furnish' the-services of-geotechnical. engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably req~ireci by the scope of the Project ane! are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, ane! other laboratory and environmental tests, inspections and reports required by law' or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling servic~s. as may be necessary at any time for the Project, including 'auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. . 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnis~ed. atJhe Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written not\ce shall be given by the Owner to the Architect if the Owner, becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for -review and approval at least 14 days prior to execution; The Owner shall riot request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 B141~19,87 AlA DOCuMENT 8141 0 OWNER,ARCHITECT.AGREEMENT 0 FOURTEENTH EDITIClN.o.AIA"' 0 @1987 THE AMERICAN INSTITUTE. OF A~CHITECTS, 1.735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING.: !In!icens~d photocopying violates U.S, copyrlgh.t .I~ and Is subject to legal Pro~~~tion. r l' i I ARTICLE 5 . CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall- include the cost at current market rates of labor and materials furnished by 'the Owner and equipment designed, specified, selected or speCially provided for by the Architect, plus a reasonable allowance for the, Cone tractor's overhead and profit. In_addition, a reasonable allow- ance for contingencies shall be included for market .conditions at the time of bidding and for changes in the Work during construction. ,. ' 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with ~h~ construction industry. It is recognized, however, that nei- ,ther the Architect nor the Owner has control over the cost 0'[ labor, materials or equipment, over the Contractor's rriethods of determining bid prices, or over competitive bidding; market or negotiating _ conditions. Accordingly, the ..Architect cannot and does not warrant or represent that bids or negotiated prices will not. vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establis...hment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed lirriit has been established, the. Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials; equipment, com- ponent systems and types of construction are to be included in the Contract. Documents, to make reasonable adjustments in the scope of'the Project and to include in the Contract Docu- ments alternate bi~to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of'an increase in the Contract Sum occurring after execution of the COQtractfor Construction. - :5.2.3. If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project bupget or fixed limit of Construction Cost shall be adjusted to reflect Changes in the general H::vel'of prices in the c:onst1'\lction industry between the date .of submission of the Construction Documents to the Owner and the date on which proposals are sought.. , . 5.2.4 If a fixed limit of Construction Cost (adjusted as. pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:. .1 give written approval. of an increase .in such fixed limit; . .2 authorize rebidding or ren~goti~ting of the Project within a reasonable time; . .j' t .3. if the Project is abandoned, terminate in accordance . with Paragraph 8:3; or .4 cooperate in revising the Project scope ani:! quality as required to,.te~ucethe Const.ruction .Cost. 5.2.5 Ifthe Owner chooses.ioproceed'-under,C1ause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the.fixed limit, if established as atondition of this Agreement. Tne modification of Contract Documents shall be theH limit .of the Architect's responsibility arising out'of the establishment of a fixed limit. The Architect shall be entitled to corrip~nsation in accordance with this Agre,ement for .all services performed whether or not ~~ "" Co",,,rue"o" Ph", "comm'"='-See Exhibit: I ?J ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS ~~~l . .... 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and,-unless otherwise provided, the.Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved. rights, including the copyright. The Owner shall b~ permitted to retain copies, includin.g repro: ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used.by the Owner or others on other projects, for additions to this Project or for completion of this 'Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes. in connection with-the Project is not to be conslrued as publication in deroga- tion of the Architect's reserved rights. .~: ~ x11lx~~mmuax:ilx~llt R~~~~~~xi!il~~ El~~E1KDCJIlm{ Jg~ ~. mH~~~ m mfilm~mHDB~m~ ,. .. ~;2x~~HodizIll:Xlx~~ ...Jro ~~kR~R~~H~~~XI.k~ ~~iYt~X~~~~~~~~~ xX<<llmDXdakxliDmcxtiaxkatxmm;Jdi:Jpxucxaax~Xx ji~~}b~jf;ilj(:i~~jOOtst~x~~2: lSlC~~J!M~~~M~~~IC~ lIXXm:xIiogx~Rx:Iaim,xrii'lJlDlX~ ~Sffia9H~~dlCXti'xSU~jtf8f~5eBt~ ~~Pi~~~~KgC~~:licKilt~W~~~ 2Ixdtinc:kldK~~~k\1IDdJt~~ ~~~i;k)x~~~~x AlA DOCUMENT B141..0WNER.ARCHITECT AGREEMENT ..FOURTEENTH EDITION. AlA.... @1987 THE.AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 8141-1987 6 WARNING: Unlicensed pho~ocopylng .violates U,S, ~o!lYrlght IllWl;I and Is sUbie<:t to legal prosecution, ) .. ~ ~~~~tj~WD~[lii~Obf~~~xjxx)fx~w . xxJeJall ~~ ~.. .,. , . . ., .." ,.. ititi~~~~~~x~5&f3f cMHfC~~~:l{:~,~~~M~fC~ qmOODxXDDK~~~ ~j(:fIj&~~~:lf~S{~~ r~yP{~PfKq~~~~~~~~W:.:lA~~~ ~lltilli2.ri:Jl~~m)t~~~XIl() t~~5fXIffIXt~fd3fX~Xi25BE~~:a~58f5& ~~~~~X:~~ ~~acmmma[lil~ fftk~~~fitX~~:ibt!xH~fi~5fl. fi~ftm~~l~~' l".:~ c.. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated ,by either party upon not less than seven days'", written notice should the other party fail substantially to perform in accordance with.the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Archirect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tab]y adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement'may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. -..>~" -.... 8.4 Fai]ure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 ]f the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven davs' written notice to the Owner, suspend performance of ser- vi~es under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. . 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Adc!.itional Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases;. or .2 Ten percent of the total c9.mpensation for Basic and Additional Services earned to date if termination occurs dutirig'lhe Design Development Phase; or .3 Five percent of the total compensatiofl for Basic and Additional Services earned to date if termination occurs during any.. subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS .....1. 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the' principal place of business' of the Architect. 9.2 Terms in this Agree~ent shall have the same meaning as those in AlA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreemen't. 9.3 Causes pf action between tbe partie~ to this Agreement pertaining to acts qr- failures. to .act shall b.e deemed to have accrued and the applicable statutes of limitations shall com- mence to:run not later than either the date of Substantial Com- pletion for acts or failure.s to act occurring prior to SUl:>stantial Completion, or the date of issuance of the final Certificate for Payment for acts or failllres to. act occurring after Substantial Completion. ' 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by. property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20 I, General Conditions of the Contract for Construction,current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all.covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment, between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be anlended only by written instrument signed by both Owner and Architect: 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with. ora cause of action in favor of a third . party against either the Owner or Architect. 9.8. Unless othe~'ise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, p~es~nce, handling, removal or disposal of or q:po- sure of persons to haz,ardous materials in any form at the Proj<;ct site, including but not limited to asbestos, asbestos products, polychlorinated. biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design'of the Project, including photographs of the exterior and interior, 'among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of 7 B141-1987 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITiON .. AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS; 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 '- " ~- - WARNING: Unlicensed photocopYing violates U,S, copyright laWssnd Is subject to'legal prosecution: 1< ! the specifi!= information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for. the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined. as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses. incurred by the Architect and Architect's employees and con- sullants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out:of-town travel; long'distance communications; and fees paid for secur- ing approval of ~utQorities having jurisdiction over the Project. See Exhlblt I 10.2.1.2 Expense of reproductions, postagy and handling of Dra~~~, ~grfiif1f5~i€nl and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and moc.k-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested, by the Owner. in excess of that normally carried by the Architect an.d Architect's consultants. See Exhibit I 10.2.1.6 Expense of computer-aided design and. drafting equipment time when used in connection with the Project. .. 10.3 PAYMENTSON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to .the extent that the time initially established .in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the. extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES . 10.4.1 Payments on account of the Architect's Additional Services and for Reirribursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF CO.MPENSA TION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of ril a Dollars ($ nl a shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: : (Insert basis of compimsation, includi~lg stipulated Slims, mUlliiJles.or percentages, mid identify phases to which particular methods oj compensation app~)-', if. necessary'.) ,. . '. _ . See Exhibit II AlA DOCUMENT 8141.. OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 8 WARNING: Unlicensed photocopying violates U,S, copyright laws and Is subject to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) SEE EXHIBIT III, SECTION II, CONTRACT. PAYMENT SCHEDULE. Schematic Design Phase: ____ __ __ __ __ __,____ __.,-_______ __ _ _ __________.:.__...per.cem.(_ --%).. Design Development Phase: --- - -- -------- --- ------------ - ------ ---------pefC-€Rl'-(- --%)-- Construction Documents Phase: ---------- ---- -- -------- -- -- --------------perrenr(- -:7.'iI- Bidding or Negotiation Phase: - - - - - - - - - - -- - -- - - -- -- - - - - - - - - - - - - - - - - - - -- - - -percenCC - -'Yo)- Construction Phase: - - ---- -- ------ ------------ -- - - -- -------- ---------pefC-€Rl'-(---%)-- Total Basic Compensation: one hundred percent ( I 00 % ) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: n/a 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (l1lserl!Jasis (~/ compensation. iHe/udinp, rates and/or multiples q{ Direct H:'rsolllld F.\pl'llsl.!for Principals and em!J/oyees, tl1fd ideJlttj)1 Principals and c!assi/v eml)/(~)lees. II required. !denfI/l' sP(!c~(ic seruice:.... to U'/.Iicb par/icu/ar methods of ComjH'llsalio1t apply ~lll(!C(!SS(/l)'.) Compensation shall be based on an hourly rate as follows: Partner Associate Architect Drafting Clerical $125/hr $ 80/hr $ 70/hr $ 45/hr $ 25/hr 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one point one ( 1.10 ) times the amounts billed to the Architect for such services. (Iderlli/v specIfic types of consu/tmlls in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one point one ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within thirty-six ( ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. AJ 1~!~ii..m~~gMiiiiii_k:;: f See Exhibi t I (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Archi- tect's prinCIpal places of husiness, the location of the Project and elsewhere may affect the validity of this provision Specific legal advice should be ohtained with respect to deletiorlS or modifications, and also regarding requirements such as written disclosures or waivers.) 9 8141-1987 AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' AlA\!) · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .r I' . . ., 1.1.5.3 The rates and multiples set forth for Additional Services shall be annually adj.usted in accordance with normal salary review practices of the Architect. ARTICLE 12 .OTHER CONDITIONS OR SERVICES (Insert descriptions of otber services, identify Additional Services included witbin Basic Compensation and modifiCations to tbe payment and compensation terms included in tbis Asreement.) 1) See Exhibit I 2) The Contract sahll include all specifications as outlined.,_ini;R~quest for Qualifications #01-081. See Exhibit III. This Agreement entered into as of the day and ye~ first written above. OWNER .~ ARCHITECT . ~~ (Sf~'um) ':':~_'- The~. Hohbrq.ble:;. - ~~0GWu'?(~ (Signature) Bob Joseph W. Gambill, Jr~, Partner (Printed name and title) (Printed name and title) CIJ CAUTION: You should sign an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 173? NEW YORK AVENlJE:N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U,S, copyright laws and is subject to legal prosecution, 8141-1987 10 c EXHIBIT I AUGUSTA-RICHMOND COUNTY, GEORGIA STANDARD CONTRACT FOR SERVICES The form of contract is be AlA Document B 141, Standard Form of Agreement Between Owner and Architect with the following Special Stipulations: 2.6.5 ADD: 2.6.6 ADD: 2.6.10 ADD: 3.3.6 ADD: 3.4,10 ADD 3.4,16 ADD: 5.2.5 ADD: 10,2,1.1 ADD: 10.2.1.2 ADD: 10,2.1.5 ADD: 11,5.2 . ADD: 12.1 ADD: Exhibit I The Architect will make on-site inspections of the projects, not less than at weekly intervals, as part of the Basic Services during the Construction Phase, The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons performing portions of the work; provided, however, nothing herein shall be construed as relieving the Architect from responsibility or liability for such acts or omissions as would be revealed or discovered in an on-site inspection, as provided herein, performed in accordance with exercise of reasonable and ordinary care, Except as provided in subparagraphs 2.6,5 and 2.6.6 "except as a result of the failure of the Architect to have discovered same. in an on-site inspection, as provided herein, performed in accordance with the exercise of reasonable and ordinary care." The ArchiteCt shall provide, as a part of the Basic Services, estimates of construction costs insufficient detail to reasonably advise the Owner of the status of the project in relation to the budget for same. The Architect shall provide, as part of the Basic Services, two (2) sets of "Record Drawin~ls" indicating significant changes to the project. "subject to the provisions of Article 8," Any other authorized travel shall be reimbursed to the Architect at their actual costs, with mileage to be charged at the rate of $0.25 per mile, The Architect shall furnish detailed accounting of all such expenses. "except costs which are offset from a non-refundable portion of plan deposits paid by General and Sub-Contractors," The Architect, as part of the Basic Services, agrees to provide professional liability insurance with limits of at least One Million Dollars ($1,000,000.00) This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, Q,C,G.A Section 13- 11-1, et. Seq. In the event any provision of this Agreement shall control. Long distance phone calls/faxes and mileage are included in the fee outlined in paragraph 11.2.1, Except if in conjunction with a site visit to another project related facility required by the owner. Page 1 of 2 r 12.2 12.3 12.4 Exhibit I ADD: ADD: ADD: j' ~ In addition to reproduction of such documents as may be required for design review and approval, reproduction of ten (10) sets of pla[1s and specifications are included in the fee outlined in paragraph 11.2.1. Additional copies, if any, will be billed in accordance with paragraph 10,2.1.2. Arbitration is hereby eliminated in its entirety, All claims, disputes and other matters in question between the Owner and the Architect arising out of or relating to the Agreement, or breach thereof, shall be decided in the Superior Court of Richmond County, Georgia, The Architect, by executing this Agreement specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. All communication to the Architect shall be directed to Steve Virgo, and all communications to the Owner from the Architect shall be deemed to be from and on behalf of Virgo Gambill Architects, It is the intent of this Agreement that Steve Virgo shall be the representative of the Architect to whom the Owner shall direct all communications and upon whom the Owner can rely to be acting on behalf of the Architect. Page 2 of 2 l EXHIBIT II Al)GUSTA RICHMOND COUNTY FIRE STATIONS AlE PRO..IECT NO. 2124 STATION #1 1 Broad Street Augusta, GA A. 4 - Bay Superstation. - NEW DESIGN- Phase I 1. Site Fees: Design unique for Elach site a. Civil Design b. Landscaping Design * c, Topographic / Boundary Survey * d. Phase One Environmental Site Assessment * e. Geotechnical Exploration * f. Level Two Septic System Soil Investigation TOTAL SITE FEES 2. Architectural/Engineering Fees a. 5.9% of Actual Building Construction Cost * Services usually provided by Owner NOTE: Fees do not include any work on the existing house. Fees include: a. Separate Bidding Package b. Complete Construction Administration c. Minor Package Changes Exhibit 11 ~: .. $8,900.00 $3,500.00 $2,700.00 $1,500.00 $1,800.00 n/a $18,400.00 Page 1 of 6 T I- EXHIBIT II AUGUSTA RICHMOND COUNTY FIRE STATIONS AlE PROJECT NO. 2125 STATION #7 Willis Foreman @ Lace Road Augusta, GA A. 3 -Bay Superstation - NEW DESIG'N- Phase I 1, Site Fees: Design unique for each site a. Civil Design b. Landscaping Design * c. . Topographic / Boundary Survey * d. Phase One Environmental Site Assessment * e. Geotechnical Exploration * f. Level Two Septic System Soil Investigation TOTAL SITE FEES . 2. Architectural/Engineering Fees a. 5.9% of Actual Building Construction Cost * Services usually provided by Owner NOTE: Future Ambulance Service Site Not Confirmed Fees include: a. Separate Bidding Package b. Complete Construction Administration c. Min'or Package Changes Exhibilll '$8,900.00 $3,500.00 $2,700.00 $1,500.00 $1,800.00 $250,00 $18,650.00 Page 2 of 6 EXHIBIT II . AUGUSTA RICHMOND COUNTY FIRE STATIONS AlE PROJECT NO. 2126 STATION #19 Seago Road @ Brown Road Hephzibah, GA A. 3 - Bay Superstation - SITE ADAPT.. Phase I 1, Site Fees: Design unique for each site a, Civil Design b. Landscaping Design * c, Topographic / Boundary Survey * d. Phase One Environmental Site Assessment * e. Geotechnical Exploration * f.. Level Two Septic System Soil Investigation TOTAL SITE FEES 2, Architectural/Engineering Fees a. 3.9% of Actual Building Construction Cost * Services usually provided by Owner NOTE: Future Ambulance Servicl~ Fees include: a. Separat13 Bidding Package b. Complete Construction Administration c. Minor Package Changes Exhibilll .'; $8,900.00 $3,500.00 $2,700.00 $1,500.00 $1,800.00 $250.00 $18,650.00 Page 3 of 6 i EXHIBIT II AUGUSTA RICHMOND COUNTY FIRE STATIONS AlE PROJECT NO. 2127 STATION #8 Highland Avenue @ Parkway Road (across from Daniel Field Hanger) Augusta, GA A. 4 - Bay Superstation - SITE ADAPT WI MODIFICATIONS - Phase II 1. Site Fees: a, Civil Design b, Landscaping Design * c. Topographic / Boundary Survey * d. Phase One Environmental Site Assessment * e. Geotechnical Exploration * f. Level Two Septic System Soil Investigation $8,900.00 $3,500.00 $2,700.00 $1,500.00 $1,800.00 nla TOTAL SITE FEES $18,400.00 2, Architectural I Engineering Fees a. 3.9% of Actual Building Construction Cost * Services usually provided by Owner NOTE: Larger Firefighters Staff than Station #1 Does not include fees for Fire Dept. Admin. Offices (scope not defined) Fees include: a. Separate Bidding Package b. Complete Construction Administration c. Min.or Package Changes Exhibit II Page 4 of 6 EXHIBIT II AUGUSTA RICHMOND COUNTY FIRE STATIONS AlE PROJECT NO. 2128 STATION #12 1100 Block Hephzibah-McBean Road Hephzibah, GA A. 3 - Bay Superstation - SITE ADAPT- Phase II 1. Site Fees: a. Civil Design b, Landscaping Design * c. Topographic / Boundary Survey * d. Phase One Environmental Site Assessment * e, Geotechnical Exploration . * f. Level Two Septic System Soilln,vestigation TOTAL SITE FEES 2. Architectural/Engineering Fees a, 3.9% of Actual Building Construction Cost * Services usually provided by Owner. NOTE: Fees include: a. Separate -Bidding Package . b. Complete Construction Administration c. Minor Package Changes Exhibilll. $8,900.00 $3,500.00 $2,700.00 $1,500.00 $1,800.00 $250.00 $18,650.00 Page 5 of 6 EXHIBIT II AUGUSTA RICHMOND COUNTY FIRE STATIONS . AlE PROJECT NO. 2129 . STATION #15 3700 Block VVrightsboro Road Augusta, GA , . A. 3 - Bay Superstation - SITE ADAPT- Phase II 1. Site Fees: a, Civil Design b. Landscaping Design * c. Topographic I Boundary Survey * d. Phase One Environmental Site Assessment .* e. Geotechnical Exploration * f. Level Two Septic System Soil Investigation TOTAL SITE FEES 2. Architectural/Engineering Fees a. 3.9% of Actual Building Construction Cost * Services usually provided by Owner NOTE: Site Not Confirmed Fees include: a. Separate Bidding Package b. Complete Construction Administration c. Minor Package Changes Exhibit II $8,900.00 $3,500,00 $2,700.00 $1,500.00 $1,800.00 n/a $18,400.00 Page 6 of 6 -, REQUEST FOI~ QUALIFICA TIONS' FOR DESIGN SERVICES Augusta Richmond County Fire Station \ \ \ , , /// FOR CITY OF AUGUSTA COMMISSION RFQ Number: 01-081 530 GREENE STREET,. AUGUSTA, GA. 30911 Date: April 24. 2001 EXHIBIT 3 Exhibit III Page 1 of 22 REQUEST FOR PROPOSAL Sealed RFP's will he received at this office until 1100 a.m., Monday, Junc 4, 200 I FOR FURNISHING: RFP ITEM #01-081 Design Services for Fire Stations for City of Augusta Fire Department . RFP's will be received by: The City of Augusta hereinafter referred to as the OWNER at the offices of: Geri A. Sams The City of Augusta Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or . . limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include n~sponsible businesses and provide ample opportunity for business growth and development. The Owners reserves the right to reject any or all RFP's and to waive technicalities and informalities. Please markRFP Item Number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of RFP documents from unauthorized sources placed the bidder at the .risk of receiving incomplete or inaccurate information upon which tobase his proposal. A Pre-submittal Conference will be held on 'Vednesday, May 16, 2001 at 3:00 p.m. in Room 605 of the Municipal Building located at 530 Greene Street, Augusta, GA. Specifications may be obtained at the City of Augusta Purchasing Department. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle lVletro Courier -:May 3, 10, 17,24,2001 -May 9, 2001 cc: Brenda Byrd-Pelaez l\'Iike Rogers Rick Acree - City of Augusta Equal Opportunity -City of Augusta Fire Department -City of l~ugusta Public Works Exhibit III Page 2 of 22 CITY of AUGUSTA COMMISSION REQUEST FOR QUALIFICATIONS #01-081 FOR City of Au!~usta Fire Station . PROPOSAL DUE DATE: June 4,2001 TIME: 11 :00 a.m. SUBMIT TO: CITY OF AUGUSTA GERI A. SAMS . DIRECTOR OF PURCHASING ROOM 605, 5130 GREENE STREET AUGUSTA, GA 30911 2 Exhibit III Page 3 of 22 Exhibit III Page 4 of 22 .- TABLE OF CONTENTS SECTION I Guidelines & Introduction SECT.ION II Scope of Services SECTION III Projects and Ownership of Data SECTION IV Response Contents SECTION V Selection Process and Evaluation Criteria SECTION VI Pre-submittal Conference Indemnification and Insurance EXHIBIT I Standard Contract .IEXHIBIT II Standard Form of Proposal 3 ~ SECTION I GUIDELINES: 1. Augusta, Georgia will not be liable for any EXPENSES INCURRED by respondents in their preparation of proposals. The City reserves the right to reject any and all proposals and to make an award that is determined to be in the best overall interests of Augusta, Georgia. 2. JOINT PROPOSALS will be accepted; however, the City reserves the right to select the most qualified underWriters. 3. The City reserves the right to make any INQUIRES regarding any qualifications of any or all respondents and request additional information. 4. When submitting your proposal FEE STRUCTURE. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the respondents will be identified at the proposal opening; however, no proposal will be handled so as to permit disclosure of the detailed contents of the responses until after award of contract. . A record of all responses shall be prepared and maintained for the files and audit purposes. In a separate envelope and label as follows: Design Services for Fire Stations for City of Augusta Fire Department RFP #01-081. 5. PUBLIC INSPECTION. The responses will be open for public inspection only after contract award. Proprietary" or confidential information marked, as such in each proposal will not be disclosed without written consent of the offeror. 6. EVALUATION AND SELECTION. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). 7. SELECTION COMMITTEE. A selection committee, minimally consisting of representatives of the purchasing office, the using agency, and the Administrator's office or their choice .shall convene for . the purpose of evaluating the proposals. 8. PRELIMINARY NEGOTIATIONS. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the . solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitt~d by competing offerors. . 9. FINAL NEGOTIATIONS AND LETTING THE CONTRACT. The Committee shall rank the technical proposals, open and consider the pricin~l proposals submitted by each offeror, and request final and best offers from the top ranked three firms if available. Award shall be made or recommended for award through the City Administrator, to the responsible offeror whose proposal is determined to be the most advantageous to the City. of Augusta, taking into consideration price and the evaluation factors set forth in the request for proposals. Other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set Exhibit III Page 5 of 22 4 forth in the request for proposals. Other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in the Augusta, Georgia Code. 10. PROHIBITION AGAINST CONTINGENT FEES. It shall be unethical for a person to be retained, or to retain a person, to solicit or secure the City of Augusta contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of . securing business. 11. RIGHT OF REJECTION. We reserve the right to accept or reject any or all responses to this RFP and to enter into discussions and/or negotiations with one or more qualified vendors at the same time, if such action is in the best interest of the City of Augusta Commission. 12. REQUEST FOR PROPOSALS. Proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons should not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions will only be for the purpose of clarification to assure a full understanding of the. solicitation requirement and responsiveness thereto. (f) Nonmonetary revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. . (g) In conducting .discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. 13. CITY OF AUGUSTA COMMISSION RIGHT TO INCORPORATE PROPOSALS INTO CONTRACT. Upon acceptance of the vendor proposal by City of Augusta Commission, the vendor shall enter into a contract with the City to provide t~e services called o.ut in this RFP. This RFP and the winning proposal shall be incorporated for reference into the contract. 14. USE OF CONFIDENTIAL INFORMATION. It shall be unethical for any City of Augusta employee or official knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person, . .EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a financial interest is authorized as per O.C,Q,A. 36-1- E~hibit III Page 6 of 22 5 14, or the procurement contract is awarded pursuant to a.c.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by a.C.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. INTRODUCTION The City of Augusta Purchasing Department is seeking to retain architectural firm(s) to provide professional design services for a prototype<fire station design to be used in several locations throughout the county for the City of Augusta Fire Department (hereinafter referred to as the Owner). Responses will be received at the office of the Director of Purchasing at the above address until '11 :00 a.m. on June 4, 2001. Specific services to be provided are. shown in the proposed scope of services. . The City of Augusta strongly encourages minority and women owned firms to participate in this RFQ and further urges the design teams of all firms reflect inclusion of women and minorities. Any interested qualified firm(s) and/or party is requested to make a response to accomplish the Scope of Services described herein. The response is to be signed by a duly .authorized official of the firm and must be submitted in the time, manner and form prescribed. All interested firms are required to meet Federal, State and Local Equal Employment Opportunity (EEO) laws and regulations. I If an award of contract is made as a result of this solicitation, contract will be made on the basis of the response which best satisfies the intent of this Request for Qualifications and other factors considered in the best interest of the Owner: The Owner proposes .that, if a contract is entered into for such architectural services, the contract will be a fixed-price contract. Negotiations may be undertaken with those firms whose Statements of Qualifications show them to be qualified, responsible, and capable of performing the work. The Owner will consider professional qualifications and related experience to determine which proposal would be in Owner's best interest if a contract were made. Architectural Registration and membership in the American Institute of Architects are minimal qualifications. The Owner reserves the right to consider proposals or modification thereof received at any time before the award is made, if such action is in the interest of the Owner. The Owner reserves the right to reject any or all statements received as the result of this request. The Owner also maintains the right to negotiate with any architect, as necessary, to serve the best interests of Owner. The Owner will nofbe liable for any .costs incurred by the Architects prior to the signing of a contract. To be considered, architects must submit a response using the format provided in Part IV and must arrive at the Purchasing Department offices, located at 530 Greene Street, Suite 605, Augusta, GA 30911, by 11 :00 a.m., Eastern Time, on June 4, 2001. They should be marked to the attention of Geri Sams, Director of Purchasing, An official authorized to bind the firm to the terms and provisions of the proposal must sign the proposal. For a proposal to be considered it must remain valid for at least 60 days from the time that the Owner receives it. The Owner will evaluate all Statements of Qualifications received from all firms with respect to evidence that the goals and objectives of the project are fully understood. The firm's demonstrated technical capability and other qualifications, as described' herein will also be assessed. The Owner will then make. their recommendation to the City of Augusta Commission for their consideration and final approval. The form of contract is to be AlA Document B141, Standard Form of Agreement between Owner and Architect with modifications as required. by COA (see Exhibit I). . ., 6 Exhibit III Page 7 of 22 SECTION II SCOPE OF SERVICES: Program Summary: The program consists of preparation of conceptual and preliminary design drawings as well as construction documentation for construction of a prototype fire station for the City of Augusta Fire Department. The prototype plan will be revised to suit the requirements of the various locations while retaining the core floor plan and construction details. Construction documentation is to include site, architectural, landscaping, structural, electrical, plumbing, HVAC and other disciplines necessary to construct the facility. A description of work is outlined below: Architect's Tasks: 1. Upon selection of a firm and execution of a contract, the Architect will meet with. the Owner and City of Augusta Facilities Management to discuss the project scope and the objectives of the Owner for future use of the facility. The architect will then prepare conceptual design drawings for discussions with the Owner and Facilities Management. Comments and suggestions generated from this initial review should then be incorporated into the preliminary design drawings and estimate. .' 2. Occasionally, City of Augusta may require the Architect to attend Commission Committee or Full Commission meetings to keep the Commissioners informed of project status and scope. 3. Upon completion of the preliminary design drawings, the Architect, Owner, and Facilities Management will review the drawings and estimates. Evaluation of these preliminary drawings and estimate will be used to finalize the project scope. If deemed necessary by the Owner or Facilities Management, revisions to the Preliminary Drawings may be required. Upon acceptance of the Preliminary Drawings, written notice will be given to the Architect to proceed with Construction Documents. 4. The project estimate shall be reviewed during the construction documentation phase and the Owner and Facilities Management notified of any potential overruns. As a minimum, these reviews shall occur at 50% and 80% document completion. Four complete sets of final documents shall be presented to Owner and Facilities Manager for final review. Upon acceptance, written notice will be given to the Architect to proceed with public bid. 5. This project will be let for public bid in accordance with the policies of the City of Augusta. 6. . During the construction phase of the project, the Architect will be responsible for weekly site inspections to review the quality of work and compliance with the construction documents. They will . also be responsible for evaluation and approval of periodic Applications .for Payment by the selected general contractor. Further responsibilities include, but are not limited to: review/preparation of Change Orders; issuance of Certificate of Substantial Completion; review of shop drawings; review of close out documentation; and insuring that accurate as-built documentation is provided. CONTRACT PAYMENT SCHEDULE Payment for any contract entered into as a result of this request will be made as follows: . a. Compensation shall be for a fixed fee payable upon acceptance of the documentation required by the City of Augusta for the following phases: 1. Preliminary Design Phase: 10 % 2. Construction Document Phase 50 % 3. Bidding Phase 10 % 4. Construction 20 % 5. Project Close-out 10 % Exhibit III 7 Page 8 of 22 b. Additional Services: Compensation shall be on an hourly basis for work and the reasonable cost of materials. Time expended shall be accounted for in increments of one-quarter hour. Exhibit III Page 9 of 22 8 " SECTION III PROJECT AND OWNERSHIP OF DATA PROJECT DESCRIPTION: The City of Augusta Fire Department provides the following services to the citizens of the County: Fire Suppression Fire Prevention Fire Safety Education Emergency Medical Response Hazardous Materials Response High Angle Rope Rescue Water Rescue Community Training Vehicle Extrication The following list is a list of spaces and activities that need to be accommodated in the new facility: " ' Office for the Captain/Lieutenants of the Station Kitchen Area Dining Area Employee restrooms, Male and Female (including showers, lockers) Sleeping Accommodations Lounge or Living Room Area Apparatus Bays Public Restrooms Storage Rooms Decontamination (Laundry) Area Training Room . Watch Room The budget for the proposed prototype project is $ 1,000,000 including design fees and contingency. The budget for modified plans used at other locations will be adjusted as required to suit site conditions and requirements of the Fire Department. OWNERSHIP OF DATA: The ownership of all data, drawings, charts, etc, which are prepared or produced under this contract shall be that of the City of Augusta. Exhibit III Page 10 of 22 9 .. " SECTION IV RESPONSE CONTENTS All responses must be submitted in sealed opaque envelopes to: City of Augusta Geri A. Sams Purchasing Department, Room 605 530 Greene Street Augusta, GA 30911 706-821-2422 Proposals should be clearly marked on the outside as "RFQ No. 01-081 Qualifications for Design Services". Your response envelope should be labeled: City of Augusta Fire Station The mailing address is 530 Greene Street, Room605,Augusta,GA 30911, however, the City of Augusta assumes no responsibility for proposals received after the advertised deadline or at any office or location other than that specified herein, whether due to mail delays, courier error, mishandling or any other reason. An official authorized to bind the offeror must sign all proposals. Any pro'posal received after this time and date will not be considered and will be returned unopened to the firm. Firms that wish to join in a consortium must designate one firm as principal or lead firm. Consortiums will be evaluated according to the same requirements as a single firm. The City of Augusta reserves the right to reject any and all responses and to waive any informalities as deemed to be in the best interest of the City of Augusta and reserves the right to request additional information from a respondent(s) as deemed necessary to analyze responses. Proposal s~ould include professional qualifications, specialized experience, technical competence, and capacity to accomplish the work in the required time. Past performance on similar projects should be documented by references and other means. References should include name of contact and phone number, and should be current. Other evaluation criteria as outlined should be addressed and the firm's abilities and compliance provided. In addition to the Proposal Submission form, Firms shall include not more than five pages of text in which the firm shall describe the proposed work program as interpreted from the Scope of Services. Nine (9) copies of the proposal must be submitted for distribution and evaluation. Firms shall outline the scope of work, elements and tasks therein and the means of execution. Each proposal shall have a "Program Schedule" depicting the chronological sequence of how the Consultant proposes to conduct the study through all work elements and tasks within each element. Your response should follow the general format below. .1 1. MANAGEMENT AND TECHNICAL RESOURCES: Include general information on your organization and management process to include the following: line of authority, who will have overall responsibility for the project, who will oversee daily operation and whether publication production is accomplished in-house. The proposal should state who would perform specialized services that may be needed. Include an organizational chart indicating the level of professional seniority of each member and thE3 time commitments and task responsibility of each phase of the project. 2. QUALIFICATIONS AND PRIOR EXPERIENCE: Provide information On individual as well as . I . related corporate experiences. 3. TERMS AND CONDITIONS: Include a statement agreeing to the Terms and Conditions (Exhibit I), as they would be included in a contract, if a contract ensues. . 4. CUSTOMER SERVICE PHILOSOPHY: This section should include the firm's interpretation of the client-architect relationship within the context of the AlA Contract for Architectural Services. The discussion should indicate the extent to which the firm is willing to participate, within the scope of the negotiated fee, in the negotiatioris between the City of Augusta, the Owner, and the 10 .Exhibit II~fPctg~ 11 of 22 " '. Contractor, in order to achieve a design solution. Participation in such negotiations is expected to include revising estimates, revising drawings, and responding to cost and design concerns. The . need for such participation by the Architect would be no more than necessary to reach a construction contract for the desired scope of work within the target budget. Work that the City of Augusta would not expect to be. included within the base fee would include such things as special renderings, formal presentations, out of town travel, design services for portions of a building outside the initial scope of the work, etc. The statement of customer service philosophy should identify the efforts the architect will make to be accessible to the Owner and the City of Augusta for purposes of developing the project through construction. Accessibility would be demonstrated by prompt return of phone calls, processing of required paperwork and reasonable flexibility in scheduling meetings, etc. Exhibit III Page 12 of 22 II '. SECTION V SELECTION PROCESS AND EVALUATION CRITERIA SELECTION PROCESS: A Selection Committee will review all proposals submitted in response to this RFQ. Based upon the background information reported in the response, the Committee will determine whether the proposer is qualified or.unqualified. The selection committee will then rank the firms by first choice, second choice and third choice. The first choice firm will be called in by the Committee to negotiate contract terms. If negotiations are not mutually successful, the second choice firm will be called to negotiate and so on. The recommended firm and contract will then be presented to the City of Augusta Commission for final approval. Any or all of the finn(s) may be requested to expand on their response and/or make a formal presentation. The dates and procedures for the selection process are as follows: Date May 16, 2001 Pre-Submittal Conference at 3:00 P.M. in Room 605,530 Greene Street Date June 4, 2001 Responses due to the Purchasing Department by 11 :00 A.M. Date June 11,2001 . Committee to complete a review of responses and identify firm(s) to interview. Date June 19, 2001 Committee will interview firm(s). Date July 2, 2001 Committee will recommend choice to Commission for contract EVALUATION CRITERIA: Proposals will be evaluated/ranked based on the following criteria: a. Professional qualifications, necessary for satisfactory performance of required services b. Specialized experience and technical competence in the type of work required. c. Capacity to accomplish the work in the required time d. Past performance on contracts with Government agencies, private agencies, private industry in terms of cost control, quality work, and compliance with performance schedules. Document by references and other means. e. Location in the general geographical area of the project and knowledge of the locality of the project. f. Demonstrated success in prescribing the LIse of recovered materials and achieving waste reduction and energy efficiency in facility design. f. Firm's understanding of work to be done. h. Technical Approach - Quality of Package 1 . Collecting and Analyzing Data 2. Relation of Major Steps 3. Quality of Service to be Rendered j. Other Factors 4. 5. Quality and Conciseness of the Work Program and Master Schedule Consultants Proposal Identifies other Technical or Unique Factors Directly Applicable to this Study but not included in the RFQ. 12 , Exhibit III Page 13 at. 22 6. Exhibit III Page 14 of 22 Evidence that tile Consultant Consortium (If Applicable) Roles and Efforts in the Study are clearly defined " 13 SECTION VI PRE-SUBMITTAL CONFERENCE, INDEMNIFIC,A TION AND INSURANCE PRE-SUBMITTAL CONFERENCE: A pre-submittal meeting will be held on Wednesday, May16, 2001 at 3:00 p.m. in Room 605 of the Municipal Building located at 530 Greene Street, Augusta, Georgia. Questions and concerns will be addressed at this meeting. Attendance at the meeting is not mandatory, but is encouraged. If not attending this pre-submittal meeting, a "letter of intent" to submit a proposal must be sent to the Purchasing Office in order to receive any addenda. Please include Fax number to expedite distribution of addenda. INDEMNIFICATION AND INSURANCE: The offerer shall carry professional/public liability insurance coverage in the amount of One Million ($1,000,000), covering itself and all of its employees and agents, and shall indemnify . and hold harmless City of Augusta and their representatives and employees, from any claim, demands, actions, and cause for actions arising from any act or non-act or the commission or omission of any act while underthe terms of the contract. All questions should be submitted in writing to Geri Sams at the Purchasing Department no later than Friday, May 11, 2001 at 4:00 p.m.; fax inquiries are acceptable at (706) 821-2811. All replies will be in writing and submitted to all potential proposers. . 14 Exhibit lIt Page 15 of 22 " EXHIBIT I AUGUSTA-RICHMOND COUNlY, GEOR.GIA STANDARD CONTRACT FOR SERVICES The form of contract is to be AlA Document B141, Standard Form of Agreement Between Owner and Architect with the following Special Stipulations: 2.6.5 Add: The Architect will make on-site inspections of the projects, not less than at weekly intervals, as part of the Basic Services during the Construction Phase. 2.6.6 Delete: Delete the last sentence in its entirety. Add: The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons performing portions of the work; provided, however, nothing herein shall be construed as relieving the Architect from responsibility or liability for such acts or omissions as would be revealed or discovered in an on-site inspection, as provided herein, performed in accordance with exercise of reasonable and . ordinary care. ' 2.6.9 Change: Change the word observation to inspection. 2.6.10 Change: In the first sentence, change the word observation to inspection. Add: Except as provided in subparagraphs 2.6.5 and 2.6.6. 2.6.19 Delete: , Delete the text in its entirety. Add: See Article 12.3. 3.3.6 Add: "except as a result of the failure of the Architect to have discovered same in an on-site inspection, as provided herein, performed in accordance with the exercise of reasonable ands ordinary care." 3.4.10 Add: The Architect shall provide, as a part of the Basic Services, estimates of construction costs in sufficient detail to reasonably advise the Owner of the status of the project in relation to the budget for same. 3.4.16 Add: The Architect shall provide, as part of the Basic Services, two (2) sets of "Record Drawings" indicating significant changes to the project. 5.2.5 Add: "subject to the provisions of Article 8." 7.1 through7.4 Delete Article 7 in its entirety. 10.2.1.1 Add: Any other authorized travel shall be reimbursed to the Architect at their actual costs, with mileage to be charged at the rate of $0.25 per mile. The Architect shall furnish detailed accounting of all such expenses. 10.2.1.2 Add: "except costs which are offset from a non-refundable portion of plan deposits paid , by General and Sub-Contractors." 11.5.2 Delete: The Architect, as part of the Basic Services, agrees to provide professional liability insurance with limits of at least Two Million dollars ($2,000,000): The last sentence in its entirety. 10.2.1.5 Add: Add: This agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A Section 13-11-1, et. seq. In 15 Exhibit III Page 16 of 22 12.1 Add: , , the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Long distance phone calls/faxes and mileage are included in the fee outlined in paragraph 11.2.1. Except if in conjunction with a site visit to another project related facility required by the owner. 12.2 Add: In addition to reproduction of such documents as may be required for design review and approval, reproduction of ten (10) sets of plans and specifications are included in the fee outlined in paragraph 11.2.1. Additional copies, if any, will be billed in accordance with paragraph 10.2.1.2. 12.3 Add: Arbitration is hereby eliminated in its entirety. All claims, disputes and other matters in question between the Owner and the Architect arising out of or relating to the Agreement, or breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Architect, by executing this Agreement specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. All communication to the Architect shall be directed to , and all communications to the Owner from the Architect shall be deemed to be from and on behalf of . It is the intent of this Agreement that shall be the representative of the Architect to whom the Owner shall direct all communications and upon whom the Owner can rely to be acting on behalf of the Architect. 16 Exhibit III Page 17 of 22 " EXHIBIT II CITY OF AUGUSTA COMMISSION REQUEST FOR PROPOSAL #01~081 ., FORM OF PROPOSAL PROJECT NAME CLOSING DATE CLOSING TIME --------------------------------------.------------------------- --------------------------------------.------------------------- SECTION I - PROPOSAL Name of Firm Address Zip Phone Date Established Names of Principals and Specifics on Experience, and Professional Qualifications of those persons who will serve the Association (Attach additional sheets if more space is required). 1. 2. 3. 4. References A. 8. , C. 17 Exhibit III Page 18 of 22 .' , SECTION 11- COMPANY IDENTIFICATION AND OWNERSHIP DISCLOSURE Contact Person' Company 'Title Address Telephone Number Indicate Which: Consortium *Minority Owned/Controlled Business Yes No Partnership Sole Proprietorship Small Business Yes_ No_ *Minorities are defined as Blacks, Hispanics, Asians, or Pacific Islanders, American Indians, Alaskan Natives, and Women. Organized under the laws of the State of Principal place of business at Following are the names and addresses of all persons having ownership interest of 3% or more in the Company: (Attach more sheets if necessary) NAME ADDRESS SECTION III . CONFLICTS OF INTEREST Standards of conduct for public officers and employees of agencies, defined in the Georgia Statutes. The Offeror ( ) is ( ) is not aware of any information bearing on the existence of any potential organization conflict of interest. SECTION IV - COLLUSION I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of the State and Federal law and can result in fines, prison sentences, and civil damage awards.' ' I hereby certify that the responses to the above representations, certifications, and other statements are accurate and complete. I agree to abide by all conditions of this Request for Proposal and certify that I am Authorized to sign for the Offeror. Signature Date Name (Printed) . Title 18 Exhibit III Page 19 of 22 'j OFFEROR MUST RETURN THIS COMPLETED FORM WITH THE PROPOSAL 19 Exhibit III Page 20 of 22 .) ~ i . SECTION III - CONFLICTS OF INTEREST Standards of conduct for public officers and employees of agencies, defined in the Georgia Statutes. The Offeror is ( ) is not (X) aware of any information bearing on the existence of any potential organization conflict of interest. SECTION IV - COLLUSION I certify that this proposal is made without prior understanding, agreement, or connection with any corporation; firm, or person submitting a proposal for the same services, materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of the State and Federal law and can result in fines, prison sentences, and civil damage awards. I hereby certify that the responses to the above representations, certifications, and other statements are accurate and complete. I agree to abide by all conditions of this Request for Proposal and certify that I am authorized to sign for the Offeror. Signature ~ Ct:?~~~- Date ult (0 I Name (Printed) Joseph W. Gambill, Jr., AlA Title Partner OFFEROR MUST RETURN THIS COMPLETED FORM WITH PROPOSAL Exhibit III Page 21 of 22 ~ f - . .; Employee Conflict of Interest 1-10-10 It shall be unethical for any Augusta-business or paJ1icipant directly or indirectly in a procurement contract when the employee or official knO\vs that: (a) tbe employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other Augusta-Riclmlond County employee has a financial interest is authorized as per O.c.G.A. 36-1-14, or the procurement contract is awarded pursuant to O.C.G.A. 45-1O~22 and 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. 45-'0-25; (b) any other person, business, or organization with whom the employee or official or any member of an employee's or official's immediate family is negotiating or has an arrangement concern~ng the prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official's immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict or interest with regard to matters peliaining to that substantial interest or financial interest. Use of Confidential Information 1-10-15 It shall be unethical for any Augusta-Richmond County employee or official knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other prison. . NanleJ~~ ~WCA- Title -r--4,- Company- V~A Date (". /. 01 THIS SHEET IS A REQUIREMENT IN YOUR BID PACKAGE. Exhibit III Page 22 of 22