HomeMy WebLinkAbout2KM ARCHITECTS FIRST AMENDMENT
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FIRST AMENDMENT
CONTRACTBElWEEN
AUGUSTA, GEORGIA
&
2KM ARCHITECTS, INC.
(C(Q)fF>Y
This First Amendment to the Contract executed by and between the Parties on January
1, 2007, is made and entered into on the 1st day of January 200Q, by and between
AUGUSTA, GEORGIA, (hereinafter referred to as "GRANTEE"), and 2KM
ARCHITECTS, INC. (hereinafter referred to as the "ARCHITECT").
WHEREAS, GRANTEE desires to amend the ORIGINAL CONTRACT to
exercise its option to renew said contract for one additional year;
WHEREAS, GRANTEE has determined that this amendment is in its best
interest and ARCHITECT agrees to said amendment;
NOW THERFORE, in exchange for their mutual good and valuable
consideration, the receipt and sufficiency of which each PARTY acknowledges, and
intending to be legally bound, GRANTEE and ARCHITECT agree to amend said
CONTRACT as follows:
1. Scope of Services
The ARCHITECT agrees that it is willing and able during the contract term of January 1,
2009 through December 31, 2009, to provide professional services on an "as needed"
basis during the contract term. The Work may include, but is not limited to
investigations, studies, reports, small project designs and similar servIces. The
purposes, functions, criteria and general requirements for the scope of work on the task
or particular project will be set forth in a Project Order issued to the ARCHITECT.
2. Project Orders:
As work develop, Project Orders will be issued to ARCHITECT authorizing work to be
performed for a lump sum amount or at the marked up hourly rates set forth in the
original Memorandum of Understanding entered into January 1, 2007. .
Page 1 of 2
...:. ~First Amendment
Contract Between Augusta, Georgia & 2KM, Inc.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the
date first written above.
ATTEST:
SEAL
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- ~n4nq~er
Clerk of Com1.rlission
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By:
AUGUSTA, GEORGIA
Grantee
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David S. openhaver
As its Mayor
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2KM ARCHITECTS. INC.
(Architect)
By:
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Robert 1. Mauldin
As its Vice President
HOUSING & COMMUNIlY DEVELOPMENT
DEPARTMENT
By:
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Chester A. Wheeler, III
As its Director
Page 2 of 2
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AHCDD Form 221
(Rev. 04/06)
ARCHITECTURAL & ENGINEERING FIRM
TERM CONTRACT FOR PROFESSIONAL SERVICES
Date:
1/1/07
This Contract, dated this 1st day of January, 2007 is between the Auausta Housina & Community
Development Department ("AHCDD") and 2KM Architects, Inc. (lithe Architect/Engineer" or
"A&E") , whose Identification Number (Federal Tax 10 Number or SSN) is EID 58-2182286, and is
binding among and between these parties.as of the date of AHCDD's signature.
RECITALS
1. The legal address for AHCDD and for the Architect/Engineer and the addresses for delivery of
Notices and other project documents are as follows:
Agency:
Augusta Housing & Community Development Department 0 R 161 NA L
925 Laney-Walker Boulevard - 2nd Floor
Augusta, Georgia 30901
Telephone: (706) 821-1797 FAX: (706) 821-1784
A&E:
2KM Architects, Inc.
Attention: Robert L. Mauldin, NCARB, AlA
2275 Wrightsboro Road
Augusta, Georgia 30904
Telephone: (706) 736-3333 FAX: (706) 736-7100
2. AHCDD often needs professional architectural and/or engineering services for discrete, small
projects such as investigations, studies, reports, design of small projects, and related services on
an "as needed" basis. The purposes, functions, criteria and general requirements for the scope of
work on the task or particular project will be set forth in a Project Order issued to the A&E.
3. The rights and duties of AHCDD and the A&E applicable to AHCDD projects, including all Project
Orders issued under this Contract, are set forth in the AHCDD Construction & Professional
Services Manual for Architects & Engineers, January 2003 edition - Revised April 1, 2006
(hereinafter called "the A&E Manual"). The A&E Manual and any subsequentrevisions during the
term of this contract shall apply to this Project.
4. The A&E Manual defines the general terms and conditions applicable to this Contract and the
duties and responsibilities of AHCDD and the A&E. IICompensation & Payment" of the A&E
Manual pertains to A&E fees. IIDivision 2" through IIDivision 17" pertains to the technical
requirements for the design of AHCDD building construction. IIDivision 1" pertains to the
requirements for design and preparation of documents for bidding. IIResponsibilities" pertains to
construction period duties, responsibilities, and procedures. The Appendix to the Manual provides
forms that shall be used by AHCDD and the A&E during the course of this Term Contract.
5. During competitive negotiations, AHCDD selected the above named A&E to perform services
under this Term Contract. The A&E agreed to perform such services under the terms and
conditions set forth herein and in the attached Memorandum of Understanding (MOU), AHCDD
Form 220, dated 1/1/07.
Page 1 of 4
'.
AHCDD Form 221
(Rev. 04/06)
ARCHITECTURAL & ENGINEERING FIRM
TERM CONTRACT FOR PROFESSIONAL SERVICES
Date:
1/1/07
6. One or more Project Orders may be issued to the A&E during the Contract Term. Although the
potential exists for multiple Project Orders with a maximum aggregate total of $150,000 during the
Contract Term, AHCDD does not represent or guarantee that the A&E will receive more than one
Project Order during the Contract Term.
7. AHCDD reserves the right, at its sole discretion, to issue Requests for Proposals for similar work
and other projects as the need may occur. AHCDO also reserves the right to issue Project Orders
to other A&E's under Term Contracts at its sole discretion, based on.its evaluation of each A&E's
qualifications, expertise, current workload, capabilities, performance record, location or distance to
the project, and other factors as may be pertinent to the particular project.
8. The A&E represents that it has no other Term Contracts currently in effect with AHCDD.
THEREFORE, in consideration of the Recitals set forth above, and good and valuable consideration
as set forth below, the parties agree as follows:
1. Scope of Services
The A&E agrees that is willing and able during the contract term to provide professional services
on an lias needed" basis during the Contract term. The Work may include, but is not limited to,
investigations, studies, reports, small project designs, and similar services. The purposes,
functions, criteria and general requirements for the scope of work on the task or particular project
will be set forth in a Project Order issued to the A&E. All Work under the Project Order(s) shall
conform to the applicable portions of the A&E Manual and the attached MOU.
2. Proiect Orders:
At the time of execution of this Term Contract, Project Order #1, attached to this Contract, wiWbe
issued to the A&E authorizing the work to be performed for a lump sum amount or at the marked
up hourly rates set forth in the attached MOU.
It is understood that additional Project Orders may, at AHCDD's sole discretion, be offered to the
A&E during the period of two years from the date of this Contract. However, AHCDD does not
guarantee that the A&E will receive more than the one Project Order issued at the time of
execution of this Contract.
3. Desian-Not-To-Exceed Construction Budaet
Where applicable, the A&E agrees to design the Work on the Project Order(s) so that bids can be
expected to fall within a "design-not-to-exceed" construction budget shown on the Project Order.
If the low bid amount exceeds the "design-not-to-exceed" budget by less than ten (10%) percent,
the A&E agrees to assist AHCDD in negotiations with the low bidder to arrive at a construction
contract amount acceptable to AHCDD. If the low bid amount exceeds the "design-not-to-exceed"
budget by more than ten (10%) percent, the A&E agrees, if directed by AHCDD, to redesign or
modify the design of the Project as necessary to obtain a bid within the "design-not-to-exceed"
construction budget. Such negotiation and/or redesign services by the A&E shall be at no
additional cost to AHCDD.
Page 2 of4
AHCDD Form 221
(Rev. 04/06)
ARCHITECTURAL & ENGINEERING FIRM
TERM CONTRACT FOR PROFESSIONAL SERVICES
Date:
1/1/07
4. Contract Amount
No individual Project Order fee shall exceed $100,000 and the aggregate total of all fees for all
"Project Orders" issued during the Contract Term shall not exceed $150,000. AHCDD shall .
determine the lump sum amount of each Project Order based on the estimated time required, the
marked up hourly rates set forth in the attached MOU and the Scope of Services required.
In emergency situations or for investigations or similar work where an estimate of time required
cannot reasonably be determined to establish a lump sum fee, the Project Order shall be issued to
be paid on an hourly basis per the marked up hourly rates set forth in the attached MOU. Such
project orders shall usually include a "maximum" or "not-to-exceed" fee amount. The actual
Project Order cost shall be based on the A&E's accounting of man-hours expended on the Project
Order, submitted by classification, multiplied by the MOU scheduled classification hourly rates.
5. Payment Schedule
Payments to the A&E shall conform to the provisions of the A&E Manual, "Compensation and
Payment", unless otherwise stipulated in the individual Project Order. The A&E agrees to make
payments to subcontractors and consultants in conformance to the provisions of the A&E Manual.
6. Contract Documents .
The following documents are incorporated by reference into this Contract:
(a) The A&E Manual, January 2003 edition - revised April 1 , 2006, including Appendices;
(b) MOU dated. 1/1/07, included as Attachment A
(c) Project Order #1, included as Attachment B
(d) Fee Schedule AHEDD Form 207 (Pages 21 thru 23) Attachment C
7. Contract Term:
Under this Contract, Project Orders may be issued during the two years following the date of
execution of this Contract. This two-year period shall be referred to as the "Contract Term." If a
Project Order is issued during the Contract Term which, in the aggregate total of it, all previously
issued Project Orders and any Change Orders to the previous Project Orders, reaches the
$150,000 limit, then no further Project Orders may be issued during the Contract Term. It is
understood that the A&E's Work under the Project Orders issued may not be completed during the
Contract Term; however, all terms and conditions of this Contract, including all rights and
obligations, shall survive until the Work is completed, except AHCDD's right to issue, and the
A&E's right to accept, additional Project Orders.
AHCDD may, at its sole discretion, renew this Contract for one additional one year Contract Term,
provided the option to renew was indicated in the RFP. If AHCDD exercises its option to renew,
the second Contract Term shall begin two years from the date of the execution of this Contract or
the date that AHCDD notifies the A&E that the option to renew is being exercised, which ever
occurs first. A new aggregate limit of $150,000 shall apply to the second Contract Term, without
regard to the dollar amounts of Project Orders issued during the first year of the Contract. Any
unused amounts from the first Contract Term shall not carry forward to the second
Contract Term.
Page 3 of 4
f" I:
AHCDD Form 221
(Rev. 04/06)
ARCHITECTURAL & ENGINEERING FIRM
TERM CONTRACT FOR PROFESSIONAL SERVICES
Date:
1/1/07
8. Termination.
AHCDD may terminate this contract as set forth in the A&E Manual, IIArchitect/Engineer
Contract Administration".
9. Disputes I Claims
Any contractual claims shall be submitted in accordance with the contractual dispute procedures
set forth in the A&E Manual, "Architect/Engineer Contract Administration", and/or any AHCDD
Contractual Disputes Procedure attached to this Contract.
In witness whereof the undersigned have executed this contract on the dates set forth beside
their respective signatures.
2KM Architects. Inc.
ARCHITECT/ENGIN~ER /? 4
By: ~c;J'{~ ~;67
(Signature in ink) (Date)
Name: i<c>\c,ev1- L. MA-.3\-.Ol N
Title: ".P.~kFD /'$eG /'Pn;'cif~
ATTEST: 'f1}1 U Ji/.:Mg ~J ~J /)1
(Signature) (Date) I . .
By:
(Signature In ink)
Name: Paul llCa;,
Title: J;,!efl'rrl a~cWr
02-lcJ-
(Date)
Nota . ch County; Georgia
My CommissIon Expires August 8, 2008
Attachments:
A. The A&E Manual, January 2003 edition - revised April 1 , 2006, including Appendices;
B. Memorandum of Understanding (Pages 1 thru 4) as attachment A
c. Project Order #1 Project Order #1, included as Attachment B
D. Fee Schedule AHEDD Form 207 (Pages 21 thru 23) as Attachment C
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