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HomeMy WebLinkAboutRoger W. Davis / Bar-B-Q P.T Area Augusta Richmond GA DOCUMENT NAME: f2D~ER \0. \)fhJl '" / 3 Aa-'1?, -Q p, -r Af2Gf'I DOCUMENT TYPE: t:l 9 1'<. ~ ~ rn (E IV I YEAR: }qq ~ BOX NUMBER: '7 FILE NUMBER: I Y ~ l.t, le NUMBER OF PAGES: 8 THE A MER CAN N S T T UTE o F ARC H TEe T S AlA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO fTS COMPLETfON OR MODIFlCATfON. AGREEMENT made as of the Seventeenth Nineteen Hundred and Ninty.,.nine BETWEEN the Owner: day of June in the year of (Nallle and address) Augusta-Richmond County Municipal Building - 530 Greene Street Augusta, Georgia 30911 and the Architect: Roger W. Davis - Landscape Architect, Inc. 120 Fifth Street Augusta, Georgia 30901 (tVal1U.' and address) For the following Project: (Include de/ailed descrip/ion or I)miec/, IOCCl/iol1, address and scope.) Phase II Development of Lake Olmstead Park - Bar-B-Q pit Area Milledge Road Augusta, Georgia See copy of Proposal dated 12/11/98 The Owner and Architect agree as set forth belmv. Copyright ]917, 1')26, 19~fl, 19')1, 19'\,'1, 19,)H, 1961, 196:\ 1966, 1967, 1l)70, 197'i, 1977,@1987byTheAmericlI1lnstilule of Architects, 17:1') New York Avenue, N.W., WashinglOn, D.C. 20006. l{eprllCluClion of lhe m:llerial herein or subslanti:1i quotation of its provisions withoul writtcn pcrmission of lhe AlA viol:1tes the copyrighll:l\vs of lhe Uniled States and will be subject to legal prosecution. AlA DOCUMENT B141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AIA<!> . @19H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 173) NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 shall be performed as expedi- tiously as is consistenl with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services 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 Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF 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 Project and shall arrive at a mutual understanding of such requirements with 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 set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall revie\v \vith the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relatillnship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary cstim:1te of Constructilln Cost based on current area, volume or lither unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized hy the Owner in tlw program, schedule or construction budget, the 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 clements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions 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 bet\veen the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost incli- !=;Iteq by.changes in requirements or general market conditions. .2.4.4 Th.e Architect shall assist the Owner in connection \vith the Owner's responsibility for filing documents required for the approval' of governmental authorities 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 of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in a\varding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect';; responsibility tll provide B;lsic Services for the Construction Phase under this Agreement Cllmmences with the ;lw;lrd of the Contract for Cllnstruction andlermi- nates at the earlier of the issuance to the Owner of lhe final Certificne for P:lyment or (i() days ;Ifter the d;lle llf Substan- ti;t1 Completion of the Work. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set fonh below and in the edition of AlA Document A2() I, General Conditions of the Contract for Construction, current as of the d:lte of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsihilities and limitatiolls of authority of the Architect shall not he restriCled, modilkd or extended wilhout written agreement llf the Owner and Architect with COllsent of the Contr;lctor, which Cllnsent shall not he unreasonahly withheld. AlA DOCUMENT 8141 . OWNEH,ARCHITECT AGREE~IENT . FOLlllTEENTH EDITION' AlA") . @IYH: THE AMERICAN tNSTlTL'TE OF ARCHITECTS. t 735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 2000(, B141-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final 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 Contracl for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written 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 f:U11iliar with the progress and quality of the \X'ork completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensil'e site representation may be agreed 10 as an Additional Seruice, as described in paragrapb 3.2.) 2.6.6 The Architect shall not have control over or ch;lrge of and shall not be responsible for construction means, methoels, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these arc solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect JIl.lll I,ot h;I"" contr81 (l"er or CHarge of .lets or efni33icft3 of the ContnIC ~~e~'~~~:~~~~~n~~A~~~r~~~~t~~~~h~1~~i~CC)f:ltS .11/) 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 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 Contraclor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be throu.gh the Archi~eCI. ~{:.. 2.6.9 Based on the Architect's :ot,WJ?'~i9It~n<;tflJ?alualions of the Contractor's Applications for Payment, the ArchiteCt shall revie\v and certify the amounts due the Contractor. ~. . t. 2.6.10 The Architect's certification for payment shall consti- -.\'-;'''?- \L}te a representation to the Owner, based on the Architecl's 1nSPC~Q!~;l~ionB at the site as provided in Subparagr:lph 2.6.5 ;lI1d on the data comprising the Contractor's Application for Pay- ment, that, to the best of the Architect's knowledge, infornu. tion ;lI1d belief, the Work has progressed to the point indicated :lIld the quality of Work is in accord:lIlce with the Contract Documents. The foregoing representations arc subject to an evaluation of the \X'ork for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tf"Jct Documents correctable prim to completion and to spe- cific qualificIlions expressed by the ArchiteCl. The issuance of a Certificlle for Payment shall funher constitute a representation that the Contractor is entitled to payment in the :U11ount certi- lIed. However, the issuance of :I Cenificate for Payment shall not be a representation that the Architect l13s (I) nude exhaus- tive or continuous on-site inspections to check the qu;1Iit \' or quantity of the Work, (2) reviewed construction means, meth- oels, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and m:lterial sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid q.(,.rt; o~ account of the Contract Sum. except as provided 1n subparaoraohs 2 6.5 & 2 h.6. 2.6.11 The ArchiteC't shatl have authonty to reject \\'TorK which does not conform to the Contract DOCI.lments. Whenever the Architect considers it necessary 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. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect 10 the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 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 \vith information given and the design concept expressed in the Contf3ct Documents. The Architect's action shall be taken with such reasonable promptness as 10 cause no delay in 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 of such submitlals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantit ies or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a componenl. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be eI1litled to rely upon such certification to establish that the materials, systems or equip- ment wiII meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subpar:lgraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance \vith the Contract Documents, and may authorize minor changes in the \X'ork not involving an adjustmeI1l in the Contr:lct Sum or an extension of the Contract Time which ;lre not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to detunnine the date 01' d;lles of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties ;lIld rcl;lled documents required by the Contract Documents :lIld assem- bled by the Contractor, and sh;1I1 issue;1 final CenifiC:Ile for P;IY- ment upon compliance \vith the requirements of the Contract Documents. 3 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 legat prosecution. 2.6.15 Tne Architect shall interpret and decide matters con- cerning performance of the Owner and 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 promptness and within any time limits agreed upon. 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 endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not sho\v partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration :L'i provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 ;Ire not included in Basic Services unless so identified in Article 12, and 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 Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the O\vner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the O\vner indicates in writing that all or part of such Contingent Addi. tional Services arc not required, the Architect shall have no obli- g:llion to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is descrihed in Suhparagraph 2.6.:; is required, the Architect shall provide one or more Project Representati\'Cs to :Issist in carry. ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall he selected, employed and directed by the Architect, and the Architect shall Ix: compen- sated therefor as agreed by the O\vner and Architect. The duties, responsihilities and limitations of :Iuthority of ProjeCt Represent:.1lives sh;tJl he as descrihed in (he edition of AlA Document B352 current as of the date of this Agreelllent, unkss ()lherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations 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 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely 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. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating ContractOr's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- lLnions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the \\lork of the Contractor, or by failure of performance of either the Owner or Contract()r under th.e Contract ,for Construction. See '-?{C; spec1.al st1.pulat1.oI).s _ .~f' ',' 3.3.7 Provldll1g services 111 evaluatlllg an extensive number at claims subl1lilled hy the Contractor or others in connection with the \X'ork. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is pany thereto. 3.3.9 Preparing doculllents for alternate, separate or sequential bids or providing services in connection with hickling, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. See special stipulations '-(j'<"D 3.4 OPTIONAL ADDITIONAL SERVICES ... . 3.4.1 Prm'iding analyses of the Owner's needs :lI1d program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other speci;il studies. 3.4,3 providing planning surveys, sile ev;tJu;llions or com, par:llive studies of prospective sites. AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AIA<!I . @19H7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20tllKl 8141-1987 4 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. 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 10 future facilities, systems and equipment. ( !.~ ~ .3.4.6 Providing services to investigate eJ:isting conditions or ..cv:v.... .f:.lrilitip< nr tn m~ke mel~'lred 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 perfonned by separate contraclOrs 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. ji-. f\ 3.4.10 Providing detailed estimates of Construction Cost. ~~I~'See special stipulations. . 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 equipmel1l. 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 data furnished by t/;le Contract.or to the Architect. See spec ial.{lulv'. stlpulatlons. ' 3.4.11 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:J final Cer- tificate for Payment, more than 60 days :Jfter the (bte of Sub- st:mtial Completion of the \X'ork. 3.4.19 Providing services of consultants for other Ihan archi. tectural, srructur:ll, mechanical and electrical engineering por- tions of .the Project. provided :~s a part of Basic Services. s~e., soeclal, .st lpulat lQnS . .. . ~'V(, .. 3':4.20 Provldll1g any other services not Olhenvlse lI1c1ucled n this Agreement or not customarily furnished in accord:lI1ce with generally accepted architectural practice. 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 10 all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a represent:Jtive authorized 10 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 structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, elimen- sions and necessary data pertaining to existing buildings, Other improvements and trees; and information concerning available utility services and lines, both public and private, above and belo\v grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.6 The Owner shall furnish the services of geotechnic;r1 engi- neers when such services are requested by the Architect. Such services may include but are not limited 10 test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of ha7~1rdous 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 sen'iccs of other consul- t:U1tS when such serviccs are reasonably required by the scope of the Project and arc requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and 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 services as may be necessary :It any time for the Project, including auditing services the O\vner 111:1)' require to verify the Contractor's Applications for Payment or to ascert:lin how or for \vhat purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required hy Paragraphs 4.5 through 4.H shall he furnished at the O\vner's expense, and the Architect shall he entitled to rely upon the :Jccurac)' and completeness thereoF. 4.10 Prompt written notice shall be given hy the Owner to the Architect if lhe Owner becomes aware of any fault or def<.:ct in the Project or nonconformance with the Contract Documents. 4.11 The proposed l:mgu:lge of certincnes or certifications requested of the Architect or ArchileCl's consult:II1IS sh:r11 he submitted to the Architect for review and :tpprov:tl at least 14 days prior to execution. The Owner sh:11I not requesl cerrifica. tions th:1t would require knowledge or services heyond the scope of this Agreement. 5 B141-1987 AlA DOCUMENT 8141 . OWNER.ARCIIITECT AGREEMENT' FOllHTEENTH EDITION . AIA~ . @19H7 THE AMEI()CAN INSTITUTE OF AHCIIITECTS, 17)) NEW YOHK AVENUE, N.W.. WASIIINGTON. D.C. 2000(, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 Con- 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, righL~-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- stnlction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the constnlction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cmnOl 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 establishment of a Project budget, unless such t1xed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit 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 arc 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 bids 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 Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Constnlction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals arc 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 incre;L~e in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a rC'JSonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope .and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 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 a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. See special stipulations. ~~) ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 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, stannary and other reserved rights, including the copyright. The O\vner shall be permitted to retain copies, including 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 construed as publication in clcroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRA TION .rJllC" partl his Agreement arising out of or relating to this Agree. ment or brc;lc 1 . 'of shall be subject to ;ll1d decided by arbi- tration in accordance WI . Construction Industry Arbitra- tion Rules of the American Arbitrall >ciation currently in 7.' . -rJ '( J..: . other pa ) this Agreement and with the American Arbilr;t- tion Association. 11and for arbitration shall be made within a reasonable time after t . .tim, dispute or other matter in question has arisen. In no event s 1; . demand for arbitration he made after the date when institution ( al or equitable proceedings based on such claim, dispute or othe 7. shall include, by conso I a I . g cement p,r, . . nv other manner, Jt~~~. 1t, AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHtNGTON, D.C. 20006 B141-1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ~~.. ment signed by the Owner, Architect, and any other person or . v sought to be joined. Consent to arbitration involving an ad aI person or entity shall not constitute consent to arbitration 0 claim, dispute or other matter in question not described in the . ten consent or with a person or entity not nanled or described th '. The foregoing agree- ment to arbitrate and other agreements rbitrate with an additional person or entity duly consented to by e parties to this Agreement shall be specifically enforceable in ac ance ..0. 7. final, and judgment may e it in accorclance with 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 tennination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect 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- tably 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 clays' 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 Failure 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 If the Owner fails to make payment \vhen due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices 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 liahility 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 Architcct, 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 H.7. 8.7 Termination Expenses :11'<.: in addition to compens:nion for Il:lsic and Additional Services, and include expenses which are directly attributable to termination. Termin:uion Expenses sh:lIl be computed as a percentage of the total compensation for Basic Services and Adl\itional Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for 13:lsic and Additional Services earned [() date if termination occurs before or during the predesign, sile analysis, or Schematic Design Ph:lses; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 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 Agreement shall have the same meaning as those in AlA Document A20 I, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement penaining to acts or failures to act shall be 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 failures to act occurring prior to Substantial Completion, or the cL1te of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and ag:J.inst 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 1, 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 integr:lled agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third pany against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall h:lve no responsibility for the discovery, presence, handling, removal or disposal of or expo. sure of persons to h:t:/~lrdous materials in any form at the Project site, including but not limited to :lshestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic subSt:U1Ces. 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 promotion:1I 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' AlA" . @19H7 THE AMEHICAN INSTITUTE OF AHCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 200M WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. the specific 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 a5 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 ;U1d Architect's employees and con- sultants 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 iluthorities paving jurispiction ovl':J' the Project. See speclal st lpU.lat lons. "'1..<.,0. 1 0.2.1.2 t:xpcnse of reproductions, postage and handling of Drawings, Specifications 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 mock-ups requested by the Owner. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph I 1.1 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 Subpardgraph 11.5.1 of this Agreement is exceeded or eJ\.'tcnded 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 100vest 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 Paymcnts on account of the Architect's Additional Services and for Reimbursable 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. 10.2.1.5 Expense of additional insur:lIlce coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the .' Owner in excess of that normally carried by the Architect and 1 0.6.1 Record~ .of Rellllbursable Expet~ses and expenses per- Architect's consultanls. See special stipulationstall1l11g to Additional ServIces ancl servIces performed on the '~L~Lt", I)'asis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when lIsed in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL 1'/\ YJ\.IENT of N / A Dollars ($ shall be made upon execution of this Agreemenl and credited lO the Owner's ;Iecount :ll final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Anicle 2, and ;IllY Olher services included in Anicle 12 ;l>; pan of Ibsic ServiceS, Basic Compensation shall be computed as follows: (Inser' IJtlsis (~l C011l/)(.!tlS{lli()lI, t"ell/CUIl!!. stijJulated sums, Hlulli/J/t's or 1'(,"(C!Il'li~l'S, aNd ;d(,lIl~'f.l' !J/.!ascs to U'hicb /1ar'icular 11Ie/bods (~I UJ1l1j)('lIsaliull fI!,!)I.\'. U 11<'('('S.'(l1)',) Lump Sum fee of 18,600.00 based on proposal dated 12/11/98. AlA DOCUMENT B141 . OWKER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA"' . @I9H7 TIlE AMERICAN INSTlT\ 'TE OF ARCHITECTS, 173'; NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2111l1l6 B141-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to tegal 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: (If/sert additional phases as appropriale.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: percent(15 %) percent (2 0 %) percent (4 0 %) percent (05 %) percent (2 0 %) one hundred percent (100%) Total Basic Compensation: 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 (1) 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, compens:llion shall be computed as follows: (INsert has is (~l C011l/)('J1sttrioll, illc!tulillR rates aud/or multljJles of Oirect PerSOIJ1lell:'.\1}CIISe jor l'rll1cI/)ol.... und eJJl/doyeL's, {lIld id(,1l1~ll' /Jrhrci/Jals and classi./l' em/J/()Yl!('S, If required. Idellfi/l' sl)('c~lic s('rl'ices IV ll'hich particular methods (~r C01ll/U.'llSlilioll ofJJ}I.l: ~11l(,c(,sS(I1:lt.) Pricipal's time at a fixed rate of on hundred dollars($100.00) per hour for the purpose of this agreement, the principal is Roger W. Davis Supervisory time at a fixed rate of seventy-five dollars($75.00) per hour for the purpose of this agreement, the supervisory personnel is R. Scott Davis. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical :md electrical engineering services an.d those provided uXlder Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one po In tone (1 . ) times the amounts billed to the Architect for such services. (fdell/if.!' specific types of consllltants ill Article 12. if reqllired.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in ParagrJph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one point one 1.1 ) times the expenses Il1curred by the Architect, the Archilect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreemel1l have not been completed within ( ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provicled in Subparagraphs 10.5.3 and 11.5.2. 11.5.2 Payments are due and payable t wen t y ( 20 ) days from the date of the Architect's invoice. 0 .., ,'\n1ounts unpaid () Ll.l)j ~{ftcl tLL ir,~u;\..,,- \.l..,k.. Jlhlll L\...-tU ;llh...n.,Jl..llIIL I <-ill... \...lIl\-I\..\..1 L\..-I\ I \'0 , \.II ,;.el J ;n the 'Ib~cnce th"rcClf "t th" 1elJ,'11 nte pf""'liling from time t" time OIt the principal place of businc.'i3 of the AICLit.::.::t. (llIsertrate'li11ler"sttl)!,reedll/JOlI.) See special stipulations. fl."", "l.lV (Usury laU's and requirements touter (})(' Feder(lJ Tn"); in Lellcli,,/-< Act, similar Sla((' (.wd fucal {"(mSt,,"cr credit {au's awl ul/.Jer r(!.~lil(lli()11S al (be ()Il'ller~, anrl An:bi. lec/'s /In"llCljUII places ({busincss, the locatiON of (be Project and dst'wher(' may affl.'C1 the I'fllidif)' (1 tl.Jis IJrUl'isioll. SpeCific le.~al cull 'ice slJuuld be nhtailled with respect 10 deletinlls (W modification" (Illd also H'/<ardillg requiremellts Slich (IS ll'n"ll('ll disclusures or u'cu'l"L'rs.) 9 8141-1987 AlA DOCUMENT 8141 . OWNER-ARCHtTECT AGREEMENT. FOURTEENTH EDITION. AtA"' . @19R7 THE AMERICAN INSTtTUTE at' ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 2000() WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Scroices induded witbin Basic Compensatio1l mid modifications to the payment and compensation terms included in tbis Asreement.) 12.1 Long distance phone calls/ faxes, and mileage expenses are included in the fee outlined in paragraph 11.2.1. Except if in ,o,\..s.. conjunction with a site visit to another project related facility required by the Owner. 12.2 Reproductions of plans and specifications (10 sets) are '9~: included in the fee outlined in paragraph 11.2.1. Additional copies, if any, will be filled in accordance with paragraph 10.2.1.2. 12.3 Arbitration is hereby eliminated in its entirety. All claims, disputes and other matters in question between the owner~~i and the Architect arising out of or relating to the Agreement, or . the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Architect, by executing this Agreement specifically consents to venue in the Superior Court of Richmond County, Georgia. 12.4 In consideration of Ten Dollars ($10.00), receipt and sufficiency of which is hereby acknowledged by the CONSULTANT and any of its subcontractors will indemnify and save harmless and;t ~ defend the City/County from suits or actions of every name and -~/ description brought against the City/County based on personal injury, bodily injury (including death) or property damages (including destruction) received or claims and expenses to be received or sustained by any person or persons arising from or about any negligent act or omission of the CONSULTANT or its subcontractors, its agents, employees or assigns in providing the professional services called for herein. This Agreement entered into as of the clay and year first written above. HlTECT Davis President (Pn',tted name and litle) AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA"' . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.\\:'., WASHINGTON, D.C. 20006 6141-1987 10 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Page 1 of2 SPECIAL STIPULATIONS 2.6.5. 2.6.6 3.3.6 3.4.10 3.4.16 5.2.5 Add: The Architect will make on-site inspections of the project, not less than at weekly intervals, as ~. part of the Basic Services during the Construction Phase. Add: The Architect shall not have control over charge of acts of omissions of the Contractor, q~ ' 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 for such acts or omissions as would be revealed or discovered in an on-site inspection, as provided herein, performed in accordance with the exercise of reasonable and ordinary care. 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 and ordinary care. Architect shall provide as a part of the Basic Services estimates of construction costs in sufficieontf ~eA~. detail to reasonably advise the Owner of the statusO. ~ the project in relations to the budget for same. Architect shall provide as a part of the Basic Services two (2) sets of "Record Drawings" indicating ~P'<lJ significant changes to the project. Add: "subject to the provisions of Article 8." () +:/-tJ) 10.2.1.1 Any other authorized travel shall be reimbursed to Architect at their actual costs, with mileage to be Od7; charged at the rate of 25 cents per mile. Architect shall furnish detailed accounting of all such expenses. 10.2.1.5 SCHEDULE Architect, as a part of the Basic Services agrees to provide the following insurance coverage during ~1~r the term of the project and in the minimum amounts stated below: LIMITS -fA.J~) Workers' Compensation Statutory Employer's Liability 1) Each Accident 2) Disease, Policy Limit 3) Disease, Each Employee $ 100,000 $ 500,000 $ 100,000 Page 2 of2 SCHEDULE LIMITS General Liability 1) Each Occurrence (Bodily and property damage) 2) General Aggregate injury $ 500,000 PI \t'\ $ 1, 0 0 0, 0 0 0 \j~'-':\.I, Excess or Umbrella Liability 1) Each Occurrence 2) General Aggregate $1,000,000 $1,000,000 Automobile Liability 1) Combined Single Limit (Bodily injury and property Each Accident damage) $ 500,000 Other (Specify) Professional Liability $ 500,000 By Owner: Self-Insured ~ An insurer will write said insurance holding a current certificate of authority pursuant to Georgia Statutes. Before commencing any work on the project, Certificates of insurance approved by the Augusta-Richmond County office of Insurance and Risk Management evidencing the maintenance of said insurance will be furnished to Augusta-Richmond County. The certificates will provide that no material alteration or cancellation, including expiration and nonrenewal, will be effective until fifteen (15) days after receipt of written notice by the City/County. 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 the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. ~2~ ROGER LANOSCAPf; w. 0 A V I 5 ARCt-1ITf;CT INC. 120 fiftJ, rt. cJug~, gecrrgitt 3090 1 (706) 724-4666 December eleven 1998 Mr. Ron Houck Planning & Development Manager P.O. Box 5596 Augusta, Ga. 30916-5596 Re: Professional design services for Phase II Development of Olmstead Park-Pit area. Dear Mr. Houck: ._:-;.:~ Thank you very much for the request for a proposal to perform design services for the next phase of the above project. We propose to do any required fieldwork and "a:3 build" measurements to accomplish the following: 1) BUILDING RENO'lATIONS: convert one bay of windows to doors. develop an upper flagstone dining terrace, stone walls, iron railing, steps, etc. relocation of existing air conditioning equipment and duct wor:'~ t.o acconunodate the above. 2) LOWER DINING TEERACE: develop a lower flagstone dining terrace, stone walls, planters & steps. 3) STONE WF~L @ l-fILLEDGE RD. TO CONCEAL DOMP~3TERS; 4) BUILDING & SITE LIGHTING: 5) LANDSCAPE & IRRJGATION: R()G..l;R 'y/. DAVIS GA #306 SC II 16 RI;GISTI;RfD LANDSCAPI; ARCI--HTI;CTS 1=,6)( (706) 724-4666 R scon DAVIS GA #1008 ., '~.j>..""",.L"'>_6"f..'i\<i:".~?~'il;;:J"r,;,'j;!J:~~a~I~~.N~~~~"""&~:!li.~:;;:;~~~~~;.;;jJl'Js.{'~>:'1,-\"? ,,;@'-"f4'?:~~1'0";;!t~':;~ u-';''' _ ot ~ ... ,_' ,_~~~~.~;g:#~~~~~A_ _1{"~~~~~$l~~;;j~' n , 6) PLAYGROUND stone retaining walls, equipment and safety surface We will prepare cost estimates, specifications, bid documents and construction inspections. The anticipated cost of construction is $ 190,000. Our fee would be a lump sum of $ 18,600.00 plus the cost of printing & reproduction. Sincerely: ~ ~\~ ~;:l=i .<1