HomeMy WebLinkAboutKSGW ARCHITECTS PHASE 1 RENOVATIONS OF THE RCCI INSTITUTION
STANDARD FORM OF CONTRACT
FOR PROFESSIONAL
ARCHITECTURAL SERVICES
BETWEEN
AUGUSTA, GEORGIA
A Political Subdivision of the State of Georgia
(hereinafter referred to as the Owner)
AND
(hereinafter referred to as the Architect)
Date: May 12, 2009
The Professional Architectural Services required by this Contract are to be rendered for
the following project, hereinafter identified as the "Project":
Project Name:
Phase 1 Renovations of the Richmond County Corrections
Institution (RCCI)
2314 Tobacco Road
Augusta, Georgia
RCCI-1
Phase 1 Renovations including relocation of control room, CCTV,
storm windows, and other renovations as the budget allows.
Project Address:
City/State/Zip:
Project I D #:
General Project
Description:
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Table of Contents
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
" .....t
Representations
Notices
Definitions
Relationship of the Parties
Basic Services
Additional Services
Design Not to Exceed
Compensation
Period of Service
Owner's Responsibilities
Insurance
Indemnification
Termination of Agreement
Successors/Assignment
Ownership of Documents/Confidential Information
Additional Provisions
Project Records
Prohibition Against Contingent Fees
Exhibits and Attachments
Entire Agreement
Basic Services
Schedule
Insurance
Asbestos - Statement of Declaration
Non Collusion Affidavit
Fee Calculation
Facility Assessment Study (attached by reference)
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This Contract for Professional Architectural Services is entered into between:
Owner's Name:
Owner's Address:
City/State/Zip:
Owner
Augusta, Georgia
530 Greene Street, Room 806
Augusta, Georgia 30911
and
Architect's Name:
Architect's Address:
City/State/Zip:
Architect
KSGW Architects
2500 Northwinds Parkway; Suite 250
Alpharetta, GA 30004
This Contract for Professional Architectural Services is executed under seal, and shall
be effective on the date signed by the last party to do so.
AUTHORIZED REPRESENTATIVES:
The authorized representatives and addresses of the Owner and the Architect are:
Firm Name:
Name:
Address:
City/State/Zip:
Email Address:
Phone:
Owner's Representative
Heery International, Inc.
Bob Munger
501 Greene Street
Augusta, GA 30901
rmunger@augustaga.gov
Cell: 706.836.9137 Fax: 706.821.2484
Name:
Address:
City/State/Zip:
Email Address:
Phone:
Architect's Representative
Gregory Washington
2500 Northwinds Parkway; Suite 250
Alpharetta, GA 30004
gregory@ksgw.net
Cell: 404.213.2567 Fax: 770.619.5919
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Owner and the Architect agree:
ARTICLE 1
REPRESENTATIONS
By executing this Contract, the Architect makes the following express representations to
the Owner:
1.1 The Architect is professionally qualified to act as the architect for the Project
and is licensed to practice architecture by all public entities having jurisdiction
over the Architect and the Project;
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1.2 The Architect has and shall maintain all necessary licenses, permits or other
authorizations necessary to act as architect for the Project until the Architect's
duties hereunder have been fully satisfied;
1.3 The Architect has become familiar with the Project site and the local conditions
under which the Project is to be designed, constructed, and operated;
1.4 The standard of care for all professional architectural services performed to
execute the work under this contract shall be the care and skill ordinarily used
by members of the design profession practicing under similar conditions at the
same time and locality of the Project.
1.5 The Architect will prepare all documents and items required by this Contract
including, but not limited to, all contract plans and specifications, in such a
manner that they shall be coordinated and adequate for construction and shall
be in conformity and comply with all applicable law, codes and regulations as
required by the standard of care;
1.6 The Architect assumes full responsibility to the Owner for the negligent or willful
acts and omissions of Architect's consultants or other employed or retained by
the Architect in connection with the Project;
1.7 The Owner and Architect each acknowledges that it has reviewed and
familiarized itself with this Contract for Professional Architectural Services, and
agrees to be bound by the terms and conditions contained herein.
ARTICLE 2
NOTICES
2.1 Unless otherwise provided, all notices shall be in writing and considered duly
given if the original is hand delivered. All notices shall be given by a standard
courier service at the addresses set forth above. Notices that are hand
delivered shall be deemed given the next business day following the date of
delivery.
ARTICLE 3
DEFINITIONS
The following words and phrases shall for the purposes of this Agreement have the
following meanings:
3.1 Project - The Project shall be as described above.
3.2 Services - The Services to be performed by the Architect under this Agreement
shall consist of the Basic Services described in Article 5 and any Additional
Services included under Article 6.
3.3 Construction Contract Award Price (CCAP) - For the purpose of this Contact,
the CCAP shall be defined as the approved construction budget established by
the Owner. The CCAP shall be $510,000.
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3.4 Construction Contract Documents - The Construction Contract Documents
shall consist of the plans and specifications prepared by the Architect, and any
addenda and change orders thereto, and the Owner-Contractor Agreement, all
of which shall be compatible and consistent with this Agreement.
3.5 Contractor - The Contractor is the person or entity which enters into an
agreement with the Owner to perform the construction of or any construction on
the Project, including, without limitation, the providing of labor, materials, and
equipment incorporated or to be incorporated into the Project. The term
"Contractor" means the Contractor or its authorized representative, but
excludes the Owner's Representative and the Architect. The term "Contractor"
shall be understood to be equivalent in meaning to the tem "Contractor".
3.6 Basic Services Compensation. Basic Services Compensation shall be the
lump sum fee designated in Article 8 to be paid by the Owner to the Architect in
connection with the performance of the Basic Services by the Architect.
3.7 Proqram of Reauirements. The Program of Requirements or "Program" is the
detailed written summary of the requirements of the facility which sets forth the
Owner's design objectives, constraints and criteria, including space
requirements and relationships, quality levels, flexibility and expandability,
special equipment and systems and site requirements. The Program shall be
developed and confirmed by the Architect before Schematic Design.
3.8 Desiqn Phase Chanqe Order - A Design Phase Change Order is the form of
documentation from the Owner approving and authorizing a modification to the
Program, Budget, or previously approved Design Phase documents.
ARTICLE 4
RELATIONSHIP OF THE PARTIES
4.1 Professional Architectural Services - The Architect shall provide professional
architectural/engineering services for the Project in accordance with the terms
and conditions of this Agreement. The Architect's performance of services
shall be as a professional consultant to the Owner to carry out the activities of
Project design and construction administration and to provide the technical
documents and construction administration to achieve the Owner's Project
objectives.
4.2 Owner Representation - The Owner plans to employ and assign a Project
Manager from Heery International, Inc., or similar type firm, to serve as the
Owner's Representative. The Owner's Representative has no design
responsibilities of any nature. None of the activities of the Owner's
Representative supplant or conflict with the design, budget or any other.
services and responsibilities customarily furnished by the Architect or their
Subconsultants in accordance with generally accepted
architectural/engineering practices. The Architect shall fully cooperate with the
Owner's Representative. Instructions by the Owner to the Architect relating to
services performed by the Architect will be issued or made by or through and in
accordance with procedural, organizational, and documentation standards
established by the Owner's Representative. Communications and submittals of
the Architect to the Owner and Contractor shall be in writing and issued or
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made in accordance with similar procedural and documentation standards
established by the Owner's Representative. The Owner's Representative shall
have the authority to establish procedures, consistent with this Agreement, to
be followed by the Architect and Contractor and to conduct periodic meetings
to be attended by the Architect, and their subconsultants, throughout the
duration of this Agreement.
4.3 Other Consultants - The Owner may provide drawings, consultation,
recommendations, suggestions, data and/or other information relating to the
Project from other consultants under separate contract with the Owner,
including but not limited to: Land Surveying Consultant, Geotechnical
Consultant, and/or Materials Testing Consultant. The Architect can rely on the
accuracy of this information.
4.4 Architect Representation-
4.4.1 The Architect shall provide a list of all consultants (and subconsultants) which
the Architect intends to utilize relating to the Project prior to commencing work
on the Project. The list shall include such information on the qualifications of
the consultants as may be requested by the Owner. The Owner will review the
consultants proposed. The Architect shall not retain a consultant to which the
Owner has an objection. The Architect shall use individuals or firms that are
licensed and regularly engaged in the fields of expertise required for this
Project.
4.4.2 The Architect shall provide to the Owner with a list of the proposed key project
personnel of the Architect and its consultants to be assigned to the Project.
This list shall include such information on the professional background of each
of the assigned personnel as may be requested by the Owner, through the
Owner's Representative. Such key personnel and consultants shall be
satisfactory to the Owner and shall not be changed except with the consent of
the Owner unless said personnel cease to be in the Architect's (or its
consultants or subconsultants, if applicable) employ.
4.4.3 If required by the Owner's Representative, all agents and workers of the
Architect and its subconsultants shall wear identification badges provided by
the Architect at all times that they are on the Owner's property. The
identification badge shall at a minimum display the company name and
telephone number and the employee name.
4.4.4 The Architect understands and agrees that should the Owner's Representative
or other Consultant's provide the Architect with any estimating or scheduling
assistance, cost or time control recommendations or other consultation,
recommendations or suggestions, any or all such activities on the part of the
Owner's Representative, Consultant, or any other representative of the Owner
shall in no way relieve the Architect of the responsibility of fulfilling its
obligations and responsibilities under this Agreement.
ARTICLE 5
BASIC SERVICES
5.1 The Architect shall provide the basic services as described in Exhibit A.
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6.1
6.1.1
6.1.2
6.1.3
6.1.4
6.1.5
6.1.6
6.1.7
6.1.8
6.1.9
6.1.10
6.1.11
6.1.12
ARTICLE 6
ADDITIONAL SERVICES
If any of the following Additional Services are authorized in advance by the
Owner in writing, the Architect shall furnish or obtain from others the authorized
services. If authorized in advance, in writing, by the Owner, the Architect shall
be paid for these additional services by the Owner pursuant to Article 8.3 to the
extent they exceed the obligations of the Architect under this Agreement.
Providing fully detailed presentation models or presentation renderings, not
included in Basic Services.
Providing financial feasibility or other special studies, not included in Basic
Services.
Providing planning surveys or alternative site evaluations.
Providing design services relative to future facilities, systems and equipment
which are not intended to be constructed as part of the Project other than
general planning and Master Planning for future work as indicated by the
Program of Requirements.
Making major revisions in Drawings, Specifications or other documents when
such revisions are inconsistent with written approvals or instructions previously
given by the Owner.
Preparing supporting data and other services in connection with an Owner-
initiated change order if the Basic Compensation is not commensurate with the
services required of the Architect.
Providing operating and maintenance manuals, training personnel for operation
and maintenance, and consultation during operations other than initial start-up,
and coordinating with the Contractor(s) to provide in electronic format, as
designated by the Owner's Representative, detailed product and warranty
information for input to the Owner's Facility Management computer system.
Providing soils sampling, classification and analysis; however, analysis of
existing soils information and soils analysis during the Design Phase and
recommendations needed during the Construction Phase of the Project are not
considered additional services.
Providing services of interior furnishings not included in the design contract.
Providing professional services made necessary by the default of a Contractor
or by major defects in the Work of the Contractor in the performance of the
Construction Contract which the Architect could not reasonably have prevented
through inspection, observation or intervention.
Providing surveying services such as platting; mapping; subdivision
agreements or recording subdivision plats.
Providing additional services prior to actual substantial completion of the
Project made necessary by delays or defects in the work of the Contractor
which the Architect could not reasonably have prevented through inspection,
observation or intervention which prolongs the Construction Contract time by
more than 90 days.
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6.1.13 Providing extensive assistance in the initial start-up and test operations of
equipment or systems which is beyond the scope of that normally required to
insure proper operation in accordance with the design and specifications.
6.1.14 Providing additional services and costs necessitated by out-of-town travel
required by the Architect and approved by the Owner other than visits to the
Project and other than for travel required to accomplish the Basic Services.
6.1.15 Providing consultation concerning replacement of any Work damaged by fire or
other cause during construction, and furnishing professional services of the
type set forth in Basic Design Services as may be required in connection with
the replacement of such Work.
6.1.16 Providing services after payment by the Owner of the Final Payment to the
Architect other than services called for in the Basic Services.
6.1.17 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural
practices consistent with the terms of this Agreement.
6.1.18 The Architect shall provide testimony in public hearings, arbitration
proceedings, and legal proceedings, and such testimony shall be provided
without additional fee or charge to the Owner unless said testimony is
requested by the Owner and consists of expert testimony not related to this
Project or Work.
ARTICLE 7
DESIGN NOT TO EXCEED
7.1 Owner's Budget - The Architect understands and acknowledges that the Owner
has established a construction budget for the project. The Construction
Contract Award Price (CCAP) is $510,000, and is a part of this contract.
7.2 Limitation On Construction Contract Award Price - The Architect agrees to
design the Project so that the actual CCAP does not exceed the budgeted
CCAP indicated above. The Owner's Representative to provide cost estimating
during the Conceptual Study Period.
7.3 Owner's Remedies for Excessive Cost - If the bid exceeds the Owner's
budgeted CCAP by more than five percent (5%) the Owner may, in addition to
any other remedies provided in this Contract;
7.3.1 accept the bid or negotiated CCAP;
7.3.2 require the Architect, at no cost to the Owner, to re-bid or re-negotiate
the Work;
7.3.3 cancel the Work or any portion of the Work;
7.3.4 revise the scope of the Work, as required to reduce the CCAP;
7.3.5 require the Architect, at no cost to the Owner, to modify the
Construction Documents and re-bid or re-negotiate the Work to result
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in a bid or negotiated CCAP within the budgeted CCAP. In order to
reduce the CCAP to the budgeted CCAP, the Architect shall, in
addition to the above, at the Owner's request and at no additional cost
to the Owner,
7.3.5.1 provide value engineering to reduce the CCAP to the budgeted
CCAP;
7.3.5.2 assist the Owner in redefining the scope of the Project;
7.3.5.3 incorporate all scope reductions and Project modifications into the
modified Construction Documents.
7.3.5.4 the Owner will reasonably cooperate in identifying cost cutting
measures.
ARTICLE 8
COMPENSATION
8.1 Basic Services Compensation - The Owner shall compensate the Architect in
accordance with the terms and conditions of this Agreement, including the
following:
8.1.1 For the Basic Services of the Architect, Basic Services Compensation shall be
a lump sum fee of EIGHTY THOUSAND ONE HUNDRED NINETY-FOUR
DOLLARS ($80,194.00).
8.1.1.1 For the purposes of Subparagraph 8.1.1, no amount is to be included within the
scope of the CCAP for the cost of land, rights-of-way, furnishings or other non-
construction costs which are the responsibility of the Owner.
8.1.1.2 For the purposes of Subparagraph 8.1.1, no labor and materials furnished by
the Owner for the Project shall be included with the scope of the CCAP unless
designed by the Architect.
8.1.1.3 For the purposes of Subparagraph 8.1.1, should the Owner request additions
to the Project which would cause a change or changes in the scope of the
Program of Requirements or previously approved designs or design criteria,
the CCAP shall be increased by the aggregate amount of such change(s) and
the commensurate adjustment to the compensation will be negotiated.
8.1.1.4 In the event the Owner requests changes to the Project or elects not to
complete the work or any portion thereof, which would decrease the most
recently approved CCAP, basic compensation due the Architect, as to such
deletion or decrease, shall be adjusted through negotiation downwards for
remaining services to be performed but not for services already performed to
the date of receipt by the Architect of the written requested change or notice of
the intent not to complete part or all of the work, in accordance with the basic
payment schedule set forth in Paragraph 8.2 herein.
8.1.1.5 The Basic Services Compensation stated in Paragraph 8.1.1 includes all
compensation and other payments due the Architect (labor, overhead, profit,
direct costs) in the performance of the Basic Services.
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8.2 Payments to the Architect - Payments on account of the Architect shall be
made as follows:
8.2.1 Payments for Basic Services, including any design phase change orders, shall
be made monthly in proportion to services performed so that the compensation
at the completion of each Phase shall equal the following percentages of the
Basic Services Compensation. Payment shall be made monthly upon
presentation of the Architect's statement of services, fully supported by
invoices, time sheets (for add services if needed), and certifications that all
consultants and subconsultants have been paid, and other documentation as
requested by the Owner.
Phase
Phase Value
Percentage
Complete
Program Design Narrative
Schematic Design
Construction Document
Permitting and Bidding/Negotiation
Construction
Final Completion
10%
25%
35%
5%
24%
1%
10%
35%
70%
75%
99%
100%
8.2.2 No deductions shall be made from the Architect's Basic Services
Compensation on account of penalty, liquidated damages, retainage or other
sums withheld from payments to Contractor.
8.2.3 Basic Services compensation as described in Section 8.1 includes a
Reimbursable Expenses allowance as indicated in Appendix F. Only expenses
over and beyond this allowance will be eligible for reimbursement. Eligible
expenses, when incurred while performing Basic or Additional Services, shall
be computed at a multiple of 1.00 times actual cost. Eligible Reimbursable
Expenses shall include such reasonable, actual expenditures made by the
Architect, his employees, or his professional consultants in the interest of the
Project, limited to the following: the reasonable travel expenses when traveling
from the Architect's office to a location outside of the Metropolitan Augusta
Area in connection solely with the Project; and expenses for reproductions for
submittals, postage, courier, elivery charges, telecommunications and
facsimile, and handling of Drawings and Specifications, beyond those for the
Architect's and subconsultants' use. It is the Owner's intent to pay the cost for
reproductions for drawings and specification releases for design and
construction directly.
8.2.4 If the Project is suspended for more than four (4) months or abandoned in
whole or in part by the Owner, the Architect shall be paid compensation for
services performed prior to receipt of written notice from the Owner of such
suspension or abandonment. If the Project is resumed after being suspended
for more than six (6) months, the Architect's Basic Services Compensation
shall be equitably adjusted.
8.3 Additional Services Compensation
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8.3.1
8.3.1.1
8.3.1.2
8.3.2
8.4
8.4.1
8.4.2
With respect to any Additional Services, as described in Article 6 herein,
performed by the Architect hereunder, the Architect and Owner shall negotiate
an equitable adjustment to the Basic Services Compensation. However, if
negotiations are not successful prior to the time the additional services are
needed, the Owner may direct the Architect to proceed with the Additional
Services on a time spent basis with Additional Services Compensation to be
computed as follows:
Employees' time computed at a multiple of 2.5 times the employees' Raw
Hourly Rate.
Re-inspection and re-submittal review time that is billable to the Contractor
shall be reimbursed to the Architect at the rate indicated in 8.3.1.1 above.
Payments for Additional Services of the Architect shall be made monthly upon
presentation of the Architect's statement of services, fully supported by
invoices, time sheets, and other documentation as requested by the Owner.
Accountinq Records
Records of the Architect with respect to Additional Services and payroll, and
consultant and other expenses (including Reimbursable Expenses) pertaining
to the Project, shall be kept according to generally accepted accounting
principles and shall be available to the Owner or its authorized representative
for inspection and copying at mutually convenient times.
At the request of the Owner or its authorized representative, the Architect will
supply in a timely manner and certify as accurate, unaltered copies of all time
sheets, invoices, and other documents to substantiate and document any and
all Additional Services and Reimbursable Expenses.
ARTICLE 9
PERIOD OF SERVICE
9.1 Specific dates relating to the period of services are set forth in Exhibit B.
9.2 Unless earlier terminated as provided in Article 13 herein, this Agreement shall
remain in force for a period which may reasonably be required for the Basic
Services and Additional Services hereunder. However, the provisions of the
Agreement relating to Representations (Article 1); Professional Liability
coverage (Article 11.1); Indemnification (Article 12); and Ownership of
Documents/Confidential Information (Article 15) shall remain in effect after
termination of the other provisions of the Agreement. No obligations under this
Agreement shall extend beyond the period when the applicable statutes of
limitations or repose would bar the institution of legal proceedings arising out of
the services performed hereunder.
9.3 If the Project is delayed through no fault of the Architect, all specific dates
noted in the Exhibit B that are affected by the delay will be adjusted by the
number of calendar days of the delay.
9.4 If the Owner materially revises the Project, a reasonable time extension and/or
credit shall be negotiated between the Architect and the Owner.
9.5 Architect agrees to exercise diligence in the performance of its services
consistent with the agreed upon project schedule, subject however, to the
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exercise of the generally accepted standard of care for performance of such
services.
ARTICLE 10
OWNER'S RESPONSIBILITIES
10.1 The Owner shall provide full information regarding the requirements for the
Project.
10.2 The Owner shall examine documents submitted by the Architect and shall
render decisions which pertain thereto promptly, to avoid unreasonable delay in
the progress of the Architect's Services.
10.3 Not Used.
10.4 Not Used.
10.5 The Owner shall pay for structural, mechanical, chemical and other laboratory
tests, inspections and reports as required by law that are not otherwise called
for in this Agreement.
10.6 The Owner shall furnish such legal, accounting, and insurance counseling
services as the Owner may deem necessary for the Project and such auditing
services as may be required to ascertain how, or for what purposes, the
Contractor has used the moneys paid to it under the Construction Contract.
10.7 All services, information, surveys and reports required of the Owner shall be
furnished at the Owner's expense and the Architect shall be entitled to rely
upon their accuracy and completeness.
10.8 The Owner shall furnish information and approvals required of it expeditiously,
for orderly progress of the Work.
10.9 The Architect shall provide documents so that the Contractor may request,
expedite, and obtain all necessary permits, licenses, approvals, easements,
assessments, and charges required for the construction, use or occupancy of
permanent structures or for permanent changes in any existing facilities. If it is
customary for the General Contractor to obtain any permits and/or licenses, the
Architect shall coordinate this on behalf of the Owner.
ARTICLE 11
INSURANCE
11.1 The Architect shall provide the Insurance as described in Exhibit C.
ARTICLE 12
INDEMNIFICATION
12.1 Notwithstanding anything to the contrary contained herein, the Architect shall
indemnify and hold harmless the Owner, the Owner's Representative,
consultant authorized to act on the Owner's behalf, and their employees from
and against all claims, damages, losses and expenses, including but not limited
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to reasonable attorney's fees, to the extent caused by (1) the Architect's
negligent performance or failure to perform its obligations under this Agreement
and (2) any claim, damage, loss or expense attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of personal and/or real
property and caused by any negligent act or omission of the Architect, anyone
directly employed by the Architect or anyone for whose acts the Architect is
legally liable. Such obligation shall not be construed to negate, abridge or
otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this Article.
12.2 Notwithstanding anything to the contrary contained herein, the Owner shall
indemnify and hold harmless the Architect and its agents and employees from
and against all claims, damages, losses and expenses, including but not limited
to attorney's fees, arising out of or resulting from (1) the Owner's performance
or failure to perform its obligations under this Agreement and (2) any claim,
damage, loss or expense attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of personal property including the loss of
use resulting there from and caused solely by any negligent act or omission of
the Owner or any consultant hired by the Owner pursuant to Article 4 above.
Such obligation shall not be construed to negate, abridge or otherwise reduce
any other right or obligation of indemnity which would otherwise exist as to any
party or person described in this Article.
12.3 Except as otherwise set forth in this Agreement, the Architect and the Owner
shall not be liable to each other for any delays in the performance of their
respective obligations and responsibilities under this Agreement which arise
from causes beyond their control and without their fault or negligence, including
but not limited to, any of the following events or occurrences: fire, flood,
earthquake, epidemic, pandemic, atmospheric condition of unusual severity,
war, acts of terrorism, and strikes. The Owner shall not be liable to the
Architect for acts or failures to act by the Contractor.
12.4 In no event shall either party be liable to the other for any indirect, incidental, or
consequential damages of any kind or nature.
ARTICLE 13
TERMINATION OF AGREEMENT
13.1 If: (a) the Owner abandons the Project or the Project is stopped for more than
six (6) months due to actions taken by the Owner, or under an order of any
court or other public authority having jurisdiction, or as a result of an act of
government, such as a declaration of a national emergency making materials
unavailable through no act or fault of the Architect or its agents or employees,
or (b) the Owner has failed to substantially perform in accordance with the
provisions of this Agreement due to no fault of the Architect and such non-
performance continues without cure for a period of thirty (30) days after the
Owner receives from the Architect a written notice of such non-performance
(including a detailed explanation of the actions of the Owner required for cure),
the Owner may, upon fifteen (15) days' additional written notice to the Owner,
terminate this Agreement, without prejudice to any right or remedy otherwise
available to the Owner, and recover from the Owner payment for all services
performed to the date of the notice terminating this Agreement.
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13.2 Upon the appointment of a receiver for the Architect, or if the Architect makes a
general assignment for the benefit of creditors, the Owner may terminate this
Agreement, without prejudice to any right or remedy otherwise available to the
Owner, upon giving three (3) days written notice to the Architect. If an order for
relief is entered under the bankruptcy code with respect to the Architect, the
Owner may terminate this Agreement by giving three (3) days written notice to
the Architect unless the Architect or the trustee: (a) promptly cures all
breaches; (b) provides adequate assurances of future performance; (c)
compensates the Owner for actual pecuniary loss resulting from such
breaches; and (d) assumes the obligations of the Architect within the statutory
time limits.
13.3 If the Architect persistently or repeatedly refuses or fails, except in cases for
which an extension of time is provided, to supply sufficient properly skilled staff
or proper materials, or persistently disregards laws, ordinances, rules,
regulations or orders of any public authority jurisdiction, or otherwise
substantially violates or breaches any term or provision of this Agreement, then
the Owner may, without prejudice to any right or remedy otherwise available to
the Owner, and after giving the Architect seven (7) days written notice,
terminate this Agreement.
13.4 Upon termination of this Agreement by the Owner under Paragraph 13.2 and
13.3 the Owner shall be entitled to furnish or have furnished the Services to be
performed hereunder by the Architect by whatever method the Owner may
deem expedient. Also, in such cases, the Architect shall not be entitled to
receive any further payment until completion of the Work; and the total
compensation to the Architect under this Agreement shall be the amount which
is equitable under the circumstances. If the Owner and the Architect are
unable to agree on the amount to be paid under the foregoing sentence, the
matter may be referred to a mutually agreed upon dispute settlement process.
13.5 The Owner may, upon thirty (30) days written notice to the Architect, terminate
this Agreement, in whole or in part, at any time for the convenience of the
Owner, without prejudice to any right or remedy otherwise available to the
Owner. Upon receipt of such notice, the Architect shall immediately
discontinue all services affected unless such notice directs otherwise. In the
event of a termination for convenience of the Owner, the Architect's sole and
exclusive right and remedy with respect to its compensation is to be paid for all
work performed and to receive equitable adjustment for all work performed up
to and including the date of termination. The Architect shall not be entitled to
be paid any amount as profit for unperformed services or consideration for the
termination of convenience by the Owner.
13.6 Should the Owner terminate this agreement as provided for under this Article,
the Owner will acquire such drawings, including the use of all drawings,
specifications, documents and materials relating to the Project prepared by or
in the possession of the Architect. The Architect will turn over to the Owner in a
timely manner and in good unaltered condition all original drawings,
specifications, documents, materials, and computer files. In recognition that all
materials turned over under this Article may not be complete, the Owner
agrees to defend, indemnify, and hold harmless the Architect from and against
any and all liability, damages, expenses, and costs (including reasonable
attorneys' fees), arising from or related to the use or modification of materials
14
originally prepared by the Architect under this Agreement. This indemnity shall
apply to use of the Architect's materials on this or any other project. The
Owner shall also remove or obscure all marking on any documents or material
prepared by the Architect that are sufficient to identify Architect as the author
thereof.
ARTICLE 14
SUCCESSORS/ASSIGNMENT
14.1 This Agreement shall inure to the benefit of and be binding on the heirs,
successors, assigns, trustees and personal representatives of the Owner, as
well as the permitted assigns and trustees of the Architect.
14.2 The Architect shall not assign, sublet or transfer its interest in this Agreement
without the written consent of the Owner, except that the Architect may assign
accounts receivable to a commercial bank or financial institution for securing
loans, without prior approval of the Owner.
14.3 Nothing contained herein shall create any relationship, contractual or
otherwise, with, or any rights in favor of, any third party.
ARTICLE 15
OWNERSHIP OF DOCUMENTS/CONFIDENTIAL INFORMATION
15.1 Drawings and Specifications as instruments of service are and shall remain the
joint property of the Architect and the Owner whether the Project for which they
are made is built or not. Said documents and design concept are not to be
used by the Architect or the Owner on other projects. The Owner shall retain
reproducible copies and electronic copies of Drawings and Specifications for
information and reference and use in connection with the Owner's use and
occupancy of the Project and for the Owner's future requirements of the
Project's facilities including without limitation any alteration or expansion in any
manner the Owner deems appropriate without additional compensation to the
Architect. The Owner shall indemnify and hold harmless the Architect against
any liability resulting from any use of the Drawings and Specifications without
the Architect's consent.
15.2 In order for the Architect to fulfill this Agreement effectively, it may be
necessary or desirable for the Owner to disclose to the Architect confidential
and proprietary information and trade secrets pertaining to the Owner's past,
present and future activities. The Architect hereby agrees to treat any and all
information specifically advised as "confidential' by the Owner and provided to
the Architect in the course of the Architect's professional services hereunder,
as strictly confidential, unless withholding such information would violate the
law, create the risk of significant harm to the public or prevent the Architect
from establishing a claim or defense in an adjudicatory proceeding. The
Architect further agrees that it will not disclose during the period of this
Agreement or thereafter to anyone outside of the authorized Project team (1)
Owner's trade secrets or (2) Owner's confidential and proprietary information.
ARTICLE 16
ADDITIONAL PROVISIONS
15
16.1 The Owner and Architect agree to endeavor to provide written notification and
to negotiate in good faith prior to litigation concerning claims, disputes, and
other matters in question arising out of or relating to this Agreement or the
breach thereof.
16.2 Nothing herein contained shall be construed to require the parties to provide
written notifications or engage in negotiations prior to the institution of litigation
nor to submit for alternative dispute resolution by a third party or parties any
such claim, dispute or other matter in question between the parties, but the
parties may by mutual agreement submit any claim, dispute or other matter at
issue to arbitration, or such other alternative dispute resolution procedure as
may be mutually agreed upon between the parties.
16.3 Whenever renderings, photographs of renderings, photographs of models,
photographs, drawings, announcements, or other illustration or information of
the Project are released for public information, advertisement or publicity,
appropriate and proper credit for architectural and other services shall be given
to the Architect and Owner respectively.
16.4 The payment of any sums by the Owner shall not constitute a waiver of any
claims for damages by the Owner for any breach of the Agreement by the
Architect.
16.5 This Agreement shall be governed by the laws of the State of Georgia, U.S.A.
16.6 If anyone or more of the provisions contained in this Agreement, for any
reason, are held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions
thereof and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
16.7 Except where specifically stated otherwise, all periods of time stated in terms of
days shall be considered periods calculated in calendar days.
16.8 The headings or captions within this Agreement shall be deemed set forth in
the manner presented for the purposes of reference only and shall not control
or otherwise affect the information set forth therein or interpretation thereof.
16.9 For the purpose of this Agreement unless the context clearly indicates
otherwise, the singular includes the plural, and the plural includes the singular.
16.10 This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and the counterparts shall constitute one
and the same instrument, which shall be sufficient evidence by anyone
thereof.
ARTICLE 17
PROJECT RECORDS
17.1 All records relating in any manner whatsoever to the Project, or any designated
portion thereof, which are in the possession of the Architect or the Architect's
consultants, shall be made available to the Owner for inspection and copying
upon written request of the Owner. Additionally, said records shall be made
available, upon request by the Owner, to any state, federal or other regulatory
16
authorities and any such authority may review, inspect and copy such records.
Said records include, but are not limited to, all plans, specifications, submittals,
correspondence, minutes, memoranda, tape recordings, videos, or other
writings or things which document the Project, its design, and its construction.
Said records expressly include those documents reflecting the time expended
by the Architect and its personnel in performing the obligations of this Contract
and the records of expenses incurred by the Architect in its performance under
said Contract. The Architect shall maintain and protect these records for no
less than ten (10) years after final completion of the Project, or for any longer
period of time as may be required by applicable law or good architectural
practice.
ARTICLE 18
PROHIBITION AGAINST CONTINGENT FEES
18.1 The Architect by execution of this Contract warrants that it has not employed or
retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Contract and that he has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for him, any fees, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Contract.
ARTICLE 19
EXHIBITS AND ATTACHMENTS
19.1 Attached hereto and incorporated herein as part of this Contract are Exhibit A -
Basic Services, Exhibit B - Schedule, Exhibit C - Insurance, Exhibit D -
Asbestos Statement of Declaration, Exhibit E - Non Collusion Affidavit, Exhibit
F - Fee Calculation, and Exhibit G - Facility Assessment Study.
ARTICLE 20
ENTIRE AGREEMENT
20.1 This Agreement and its Exhibits and Attachments represent the entire and
integrated agreement between the Owner and the Architect and it supersedes
all prior communications, discussions, negotiations, understandings,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect
17
In witness whereof, each individual executing this agreement acknowledges that
he/she/it is authorized to execute this agreement and further acknowledges the
execution of this agreement on the date signed below.
Owner:
Auqusta. Georqia
Architect:
By:
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(Signature)
j)/( V/ j) .5.
(Name)
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(Title)
530 Greene Street
(Street Address - No PO Box)
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(Street Address - No PO Box)
A l. f'K /-. fZ..G'T('A I c:;,/2f>,ec,. fA "Sc:>o 0'
(City, State, Zip) .
Augusta, Georgia 30911
City, State, Zip)
(W "'. ~<11I!}(~!'J'~r~ '':i!\
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18
Exhibit A
Basic Services
The following program elements shall be the basis for the project design:
a. Relocation of Existing Control Room to Mezzanine Level: Relocate all
existing equipment into a newly created approximately 350 square feet
enclosed control room on the mezzanine level. Include all necessary
architectural, mechanical, and electrical addition and renovation work.
b. Add new CCTV System (30 cameras).
c. Refurbish Existing Control Area/Lobby (approximately 900 square feet), as
funding allows.
d. Add Exterior Storm Units to existing dormitory areas (approximately 2660
square feet of windows).
e. Rework Visitor Gate Area (if funding allows).
1. Proqram/Desiqn Narrative Phase
a. The Architect shall examine and analyze available information provided
by the Owner and shall advise and recommend as to additional
information necessary to begin specific design work on the Project. In
addition, the Architect shall:
i. Visit and observe the Project Site and any structures or other
features to be modified;
ii. Familiarize themselves with the location of all existing buildings,
utilities, conditions, streets, equipment, components and other
attributes having or likely to have an impact on the Project;
iii. Familiarize themselves with the Owner's requirements and goals;
iv. Familiarize themselves with pertinent Project dates and
programming needs, including the Project Design Schedule;
v. Gather such other information necessary for a thorough
understanding of the Project.
b. Upon analysis of all available information and prior to initiating any design
tasks, the Architect shall participate in a Pre-Design Project Analysis.
The Architect shall have in attendance the individuals who will represent
the primary architectural and engineering disciplines on the project and
others as may be requested by the Owner's Representative. The
Architect shall take and transcribe minutes of the sessions.
c. Upon conclusion of the Pre-Design Project Analysis, the Architect shall
prepare a report to the Owner (hereinafter referred to as the Design
Narrative) along with a Design Schedule acceptable to the Owner which
is the Architect's interpretation of the Project requirements, design
parameters and objectives, and results of the Pre-Design Project
Analysis.
19
d. Upon written authorization from the Owner to proceed, and based on the
approved Design Narrative and the Construction Contract Award Price
(CCAP), the Architect shall prepare Schematic Design Studies consisting
of drawings and other documents illustrating the design concept, scale
and relationship of the Project components for approval by the Owner.
2. Schematic Desiqn Phase
a. The Architect shall provide the Owner's Representative with copies of
Schematic Design Studies for the Owner's Representative's review during
the Schematic Design Phase. At the end of the Schematic Design Phase
the Architect shall provide the Owner's Representative with a complete
set of the drawings and other documents for approval by the Owner in an
uneditable electronic media.
b. The Architect shall participate as requested in meetings with Owner's staff
to review the project, receive the Owner's input and provide responses to
input.
c. The Architect shall prepare documents and make presentations to
Augusta Georgia as determined by the Owners Representative.
Documents required for presentation shall include but not limited to
mounted floor plans and sections.
d. Documents prepared by the Architect for final Schematic Design Phase
submittal shall include drawings and a written report.
e. The Architect shall include as part of his submittal a statement that to the
best of his knowledge and belief the documents incorporate the design
standards conveyed by the Owner during this phase of design.
f. The Architect shall submit a statement indicating that local governing
authorities are aware of the project, and the necessary requirements of
such agency will be met to the best of his knowledge and belief.
g. To be considered acceptable for final Schematic Design Phase submittal,
the documents shall contain all of the following unless otherwise agreed
in writing:
i. Architectural
1. Overall plans (at 1/8" scale).
2. Enlarged plans (at 1/4" scale) of control room.
3. Sections.
4. Preliminary furniture layout of control room.
5. Preliminary Building Code Summary.
ii. Structural
1. Identification of any structural issues.
iii. Mechanical
1. Single-line drawings of all mechanical equipment, duct chases
and pipe chases.
2. Location of all major equipment in allocated spaces.
20
iv. Electrical
1. Lighting fixtures roughly scheduled showing types of fixtures to
be used.
2. Major electrical equipment roughly scheduled indicating size and
capacity.
3. Complete preliminary one-line electrical distribution diagrams.
4. Description of specialized electrical systems (fire alarm,
intercom, voice/data, etc.).
5. Legend showing all symbols used on drawings.
h. Documents not complying with Subparagraph 2.g. shall be returned to the
Architect for correction at no additional charge to the Owner and with no
change to the overall Project design schedule.
i. The Architect shall provide electronic images (in pdf format) at each
phase of the design for use by Augusta Georgia on their website.
3. Construction Documents Phase.
a. Upon written authorization from the Owner to proceed, the Architect shall
prepare from the approved Schematic Design Documents, Working
Drawings and Specifications setting forth in detail the requirements for the
construction of the entire Project. The Owner will provide the Conditions
of the Contract (General and any Supplementary), Advertisement for
Bids, Instructions to Bidders, time control specification provisions, and
Construction Proposal Forms and Agreement(s) which the Architect shall
incorporate into the Construction Documents.
b. Construction Documents shall be packaged and be completed in
accordance with its schedule.
c. Detailed drawings shall cover all work included in the Project or
designated portion thereof. It is the responsibility of the Architect to
assure that the Project Construction Documents require that no asbestos-
containing materials are to be incorporated in the Project.
d. A qualifications and lump sum procurement process shall be used for
construction.
e. Specifications shall be prepared using the Construction Specifications
Institute division format. Specifications for products, materials and
equipment shall be written in full compliance with all relevant laws and
building codes. Brand names may be used to specify a particular product
to be bid as an equal only in accordance with State law.
f. The Architect shall provide a color board with interior color selection for
review, approval and use by the Owner. The approved color board shall
be submitted for use by the Owner with the 100% Construction
Documents.
g. The Architect shall submit for approval by the Owner a set of preliminary
Construction Documents at the stage of 60% completeness along-with a
21
written report in an uneditable electronic media. The report shall
incorporate the status of the work and a summary of actual square
footage in a format defined by the Owner by room or area. The
documents for this 60% Construction Document submittal shall, at a
minimum, satisfy all of the requirements of the Schematic Design Phase,
plus all of the following unless otherwise agreed in writing:
i. General
1. Complete index of drawings
2. Vicinity plan
3. Building Code Summary
4. Life safety plans
ii. Civil/ Landscapinq
NA
iii. Architectural
1. Demolition plans
2. Floor Plans
3. Critical sections and details identified and drawn
4. Enlarged toilet room layout with all fixtures and dimensions
5. Toilet room elevations
6. Reflected ceiling plan with all fixtures located and ceiling height
identified
7. Window details
8. Finish plan and schedule
9. Door and hardware schedule, elevations, and head and jamb
details
10. Furniture layout
11. Casework elevations
iv. Structural
1. Structural drawings and details (if required)
v. Plumbinq
1. Demolition plan
2. Fixture schedule
3. Plumbing plans
4. Enlarged toilet room plans
5. Riser diagrams
6. Plumbing details
vi. Mechanical
1. Demolition plan
2. Ductwork and piping completely located and sized
3. Complete equipment schedules
4. Mechanical room enlarged plans and sections
5. Control diagrams
6. Mechanical details
vii. Electrical
1. Demolition plan
2. Fixture schedule
3. Power plan with panels located and identified
4. Lighting plan
5. Complete plans for auxiliary systems including but not limited to,
fire alarm, voice/data, intercom, AudioNideo, and security
6. Riser diagrams for all systems
22
7. Panel schedule
h. Documents not complying with Subparagraph 4.g. shall be returned to the
Architect for correction at no additional charge to the Owner and with no
change to the overall Project design schedule.
i. After review and approval of the 60% Construction Documents by the
Owner, the Architect shall continue with preparation of final Construction
Documents and Bid Documents, including final Specifications for all
authorized work on the Project and shall incorporate in those final
documents the comments and any modifications and changes desired by
the Owner and any modifications required for compliance with all
applicable codes, regulations, standards, the approved program, and
prior written approvals and instructions of the Owner. The resulting final
Construction Document submittal is to be a coordinated package, suitable
for bidding distribution.
j. The Architect shall participate in such reviews and meetings as are
necessary for the project to conform to applicable codes and applicable
requirements of responsible agencies and will make any changes to the
Construction Documents which are required for issuance of all permits
and legal authorizations needed to construct the Project.
k. The Architect shall provide necessary information to submit all relevant
applications for all required building permits within a reasonable time to
ensure receipt of final comments in time to issue any required addenda to
the Bidding Documents.
I. At the completion of the construction documents phase, the Architect
shall submit to the Owner a set of 100% complete documents prepared
by the Architect for final Construction Documents Phase submittal which
shall include the final working drawings and specifications in an
uneditable electronic media.
m. The Architect shall include as part of his submittal a statement that to the
best of his knowledge and belief the documents incorporate the design
standards conveyed by the Owner during this phase of design.
n. The Architect shall provide electronic images (in pdf format) at each
phase of the design for use by Augusta Georgia on their website.
4. Permittina and Biddina/Neaotiation Phase.
a. After receiving written authorization from the Owner, the Architect shall
proceed with the Permitting and Bidding/Negotiation Phase.
b. The Owner's Representative shall coordinate the bidding documents
distribution.
c. The Architect shall provide necessary documents to expedite and obtain
all necessary permits, licenses and approvals, including paying any
associated fees or assessments, required for the construction, use or
23
occupancy of permanent structures or for permanent changes in existing
facilities, unless otherwise agreed in writing. The Owner shall reimburse
the Architect for the actual cost of any fees or assessments paid by the
Architect pursuant to this subparagraph.
d. The Architect shall prepare such clarifications and addenda to the bidding
documents as may be required. The Architect will provide these to the
Owner for review prior to issuance to all holders of bid documents.
e. The Owner's Representative will schedule and conduct Pre-Bid
Conferences with prospective bidders to review the Project requirements.
The Architect shall provide knowledgeable representatives, including
representatives of its consultants, to participate in these conferences to
explain and clarify Bidding Documents. Within five (5) days after the Pre-
Bid Conference the Architect shall deliver to the Owner, if needed, a final
Addendum.
f. The Architect shall assist the Owner's Representative and the Owner in
obtaining bids.
g. The Architect shall assist the Owner's Representative in reviewing the bid
tabulation and recommendation to the Owner concerning the Contract
Award.
h. Should first bidding or negotiation produce prices in excess of the
approved CCAP, the Architect shall participate with the Owner's
Representative in such re-bidding, re-negotiation, and re-design, at no
additional expense to the Owner pursuant to Article 7.3, as may be
necessary to obtain price(s) within the approved CCAP or price(s)
acceptable to the Owner. The Owner will make decisions to assist in re-
design. All re-design must be approved by the Owner.
i. Should the Architect re-design or conduct re-bidding under its
responsibilities set out in the preceding paragraph, its Construction Phase
and Post Construction Phase services shall be extended to take re-
design/re-bid delays into account at no additional expense to the Owner.
j. The Architect shall assist the Owner's Representative in the preparation
of the Agreement(s) between Owner and Contractor(s) for the Owner's
execution. The Owner's Representative will coordinate award(s) and
Notice(s) to Proceed for the Owner.
5. Construction Phase.
a. The Construction Phase for each portion of the Project will commence
with the award of the Construction Contract and will terminate when the
Owner makes the Final Completion payment or at 3 months from the date
of substantial completion, whichever comes first.
b. The Architect shall consult with the Owner and participate in all decisions
as to the acceptability of subcontractors and other persons and
organizations proposed for various portions of the work.
24
c. The Owner's Representative shall require the Contractor to prepare a
submittal schedule stating when the Contractor proposes to provide
submittals to the Architect. The Architect will review and together with the
Contractor agree upon a final submittal schedule. The Architect shall
review and approve shop drawings, samples, and other submissions of
Contractor as well as the Work performed by the Contractor for
conformance with the design concept of the Project and for compliance
with the Contract Documents. The review and return of submittals shall
be based upon the above submittal schedule, and accomplished by the
Architect within fourteen (14) calendar days from date of receipt except
when otherwise authorized by the Owner's Representative.
d. The Architect shall provide necessary Project drawings, in electronic
format, to the electrical or data contractor for creation of data "as built"
submittal and approval drawings, and to the Contractor for site
layout/staking.
e. The Owner's Representative will establish with the Architect procedures
to be followed for review and processing of all shop drawings, catalogue
submissions, project reports, test reports, maintenance manuals, and
other necessary documentation, as well as requests for changes and
applications for extensions of time.
f. The Architect, without the Owners prior approval, may authorize or direct
minor changes in the Work which are consistent with the intent of the
Construction Documents and which do not involve a change in Project
cost, time for construction, Project scope, aesthetics, visual concepts or
approved design elements. Any such minor changes shall be
implemented by written field order. Except as provided in this
subparagraph, the Architect shall not have authority to direct or authorize
changes in the Work without the Owner's prior written approval; however,
the Architect shall provide a copy of any written field order to the Owner
or Owner's Representative.
g. The Architect shall promptly consult with and advise the Owner
concerning, and review, process, and recommend, all change order
requests and change orders.
h. The Architect shall promptly prepare required drawings, specifications
and other supporting data as necessary in connection with minor
changes, change order requests and change orders.
i. The Architect shall promptly prepare and submit change order proposal
requests for the Owner's approval and acceptance. The Architect shall
include the following in any such requests:
i. Provide a Description of the Change.
ii. Provide an explanation as to why the change is necessary.
iii. Provide an explanation as to who requested the change.
iv. Provide any and all alternatives that could be done in lieu of the
requested change.
25
v. Provide an explanation about what will happen if the change order
proposal is not approved.
vi. Provide an explanation about the impact of the change on the Project
Schedule.
vii. Provide a Reason for the Change (ie. Unforeseen Conditions, Owner
Requested, Life Safety, Code Requirement, Errors and/or Omissions,
or Other (please specify).
viii. Each Change Order Request should include the following statement:
"We have reviewed the Contractor's proposal and we have
determined that the cost is fair and reasonable compensation for
the scope of work described."
j. The Architect shall promptly administer and manage all minor changes,
change order requests, and change orders on behalf of the Owner.
k. Upon request by the Owner, the Architect shall prepare Change Orders in
accordance with the Construction Contract Agreement. No change in the
Construction Contract, including the price, the work, or the time for
completion, may be made without the written consent of the Owner.
I. The Architect shall render to the Owner's Representative, in a timely
manner so as to not delay the progress of the work, interpretations of
requirements of the Contract Documents. The Architect shall make all
interpretations consistent with the intent of and reasonably inferable from
the Contract Documents. The Architect's decision in matters relating to
artistic effect shall be final if consistent with the intent of the Contract
Documents.
m. Should errors, omissions or conflicts in the drawings, specifications or
other Contract Documents by the Architect be discovered, the Architect
will prepare and submit to the Owner's Representative, in a timely manner
so as to not delay the progress of the work, such amendments or
supplementary documents and provide consultation as may be required,
for which the Architect shall make no additional charges to the Owner.
n. The Owner's Representative shall be the point of contact for the Owner,
except when the Owner shall direct otherwise. All instructions to the
Contractor(s) shall be issued by the Architect except when it is directed
otherwise by the Owner's Representative.
o. The Architect will have access to the Work at all times. All site visits,
observations and other activities by the Architect shall be coordinated
with the Owner's Representative and written report of such visits made
promptly to the Owner's Representative.
p. The Architect and its consultants (including, but not limited to, the civil,
structural, mechanical and electrical disciplines) shall make such periodic
visits to the Project site as may be necessary to familiarize themselves
generally with the progress and quality of the Work and to determine in
general if the Work is proceeding in accordance with the Contract
Documents. If the Architect observes any work that does not conform to
26
the Contract Documents, the Architect shall immediately make an oral
and written report of all such observations to the Owner's Representative.
The Architect and its consultants shall not be required to make exhaustive
or full-time on-site observations to check the quality or quantity of the
Work, but shall make as many observations as may be reasonably
required to fulfil their obligations to the Owner. The Architect shall not be
responsible for construction means, methods, techniques, sequences or
procedures, or safety precautions and programs in connection with the
Work.
q. Periodic visits of the Architect shall be not less than bi-monthly. Each
applicable engineering discipline, as required by the Owner's
Representative, shall make periodic visits, during the course of work
applicable to its discipline. During critical work phases, each engineering
discipline may be required to make periodic visits bi-monthly. The
engineering disciplines shall prepare and submit a report on each visit,
submitted via the Architect to the Owner's Representative within five (5)
working days of the visit.
r. The Architect shall render written field reports relating to the periodic
visits and observations of the Project within five (5) working days to the
Owner's Representative in the form required by the Owner's
Representative.
s. The Architect shall attend Bi-Monthly construction progress meetings
attended by the Owner's Representative and representatives of the
Contractor. The Architect shall render written field reports during the
construction administration phase, within five (5) working days to all
participants in a format acceptable to the Owner's Representative.
t. Based upon observations at the site and upon the Contractor's
applications for payment, the Architect shall determine the amount owing
to the Contractor(s), pursuant to the terms of the Owner/Contractor
Agreement, and shall issue Certificates for Payment to the Owner in such
amounts. The Architect's signing of a Certificate of Payment shall
constitute a representation by the Architect to the Owner, based upon the
Architect's observations at the site and the data comprising the
Application for Payment, that the Work has progressed to the point
indicated, that to the best of the Architect's knowledge, information and
belief, the quality of the Work appears to be in accordance with the
Contract Documents (subject to: an evaluation of the Work for
conformance with the Contract Documents upon Substantial Completion;
the results of any subsequent tests required by the Contract Documents;
minor deviations from the Contract Documents correctable prior to
completion; and to any specific qualifications stated in the Certificate for
Payment), and that the Contractor is entitled to payment in the amount
certified. By signing a Certificate for Payment to the Owner, the Architect
shall not be deemed to represent that it has made any examination to
ascertain how and for what purpose the Contractor has used the monies
paid on account of the Construction Contract Sum.
27
u. If, in accordance with its duty, the Architect advises the Owner's
Representative of non-conforming work as stated in subparagraph 6.p.,
the Architect shall confirm the non-conformance in writing to the Owner's
Representative in a timely manner so as to not delay the progress of the
work.
v. The Architect and the Owner's Representative jointly shall have authority
but not the duty to condemn or reject Work on behalf of the Owner when
in the Owner's Representative's or the Architect's opinion the Work does
not generally conform to the Contract Documents. Whenever in the
Owner's Representative's or the Architect's reasonable opinion it is
considered necessary or advisable to insure the proper implementation of
the intent of the Contract Documents, the Owner's Representative shall
have the authority to require special inspection or testing of any Work in
accordance with the provisions of the Contract Documents whether or not
such Work is fabricated, installed or completed. Neither this authority, nor
the decision to exercise or not exercise such authority shall give rise to a
duty or responsibility of the Architect for site safety, construction means,
methods or techniques, create an express or implied duty or responsibility
to the Contractor, Subcontractor's, or material and equipment suppliers.
w. The Contractor shall obtain governing agency occupancy approval if any
exceptions arise related to the design or specified materials.
6. Final Completion Of Desian Services Phase.
a. When the Contractor notifies the Architect that the Work is substantially
complete and provides the Architect with the Contractor's punch-list, the
Architect and its consultants shall review the Work and prepare and
submit to the Owner's Representative punch lists of the Work of the
Contractor(s) which is not in conformance with the Contract Documents.
The Architect shall transmit such punch lists to the Contractor(s). The
Owner may request that the Architect review and prepare a punch list on
any portion of the Work.
b. The Architect shall be available to address questions in the original
operation of any equipment or system such as initial start-up, testing,
adjusting and balancing.
c. The Architect and/or its consultants shall observe, review test data, and
certify the original operation of any equipment or system such as initial
start-up testing, adjusting and balancing to make sure that all equipment
and systems are properly installed and functioning in accordance with the
design and specifications.
d. The Architect shall review and approve the Contractor-furnished
maintenance and operating instructions, schedules,
guarantees/warranties, bonds, and certificates of inspection as required
by the Construction Documents and forward all approved copies to the
Owner's Representative for use by the Owner.
28
e. The Architect and its consultants shall conduct at least two (2)
comprehensive Final Completion inspections per construction contract at
the request of the Owner. If more than one (1) Final Completion
inspection is required, through no fault of the Architect, the additional
inspection may be deemed additional services.
f. The Contractor shall provide the Architect drawings, prints, and other data
necessary for the accurate preparation of the record drawings.
g. Upon correction of the deficiency reports (punch lists), and acceptance of
all other close-out submittals and certificates of the Contractor, the
Owner's Representative and the Architect shall review and approve the
Application for Final Payment and forward it to the Owner for execution.
h. The Architect shall prepare a set of reproducible sealed mylar record
drawings and digital files, in .DWG format on CD ROM, showing
significant changes in the Work made during the construction process,
based on marked-up contract drawings, prints, and other data furnished
by the Contractor(s) and the applicable Addenda, Clarifications, and
Change Orders which occurred during the Project.
7. Architect's Professional Responsibilitv and Standard of Care.
a. By execution of this Agreement, the Architect represents that (a) it is an
experienced and duly licensed firm or individual having the ability and skill
necessary to perform the Services required of it under this Agreement in
connection with the design and construction of a project having the scope
and complexity of the Project contemplated herein; (b) it has the
capabilities and resources necessary to perform its obligations hereunder;
and (c) will become familiar with current laws, rules and regulations which
are applicable to the design and construction of the Project (such laws,
rules and regulations including, but not limited to, local ordinances,
requirements of building codes of city, county, state and federal
authorities which are applicable to the Project, local sanitary laws and
rules and regulations, and orders and interpretations by governing public
authorities of such ordinances, requirements, codes, laws, rules and
regulations in effect at the time of commencement of services on the
Project), and that drawings, specifications and other documents prepared
by the Architect shall be prepared to meet, reflect and incorporate such
laws, rules and regulations.
b. The Architect hereby represents and agrees that the drawings,
specifications and other documents prepared by it pursuant to this
Agreement shall be adequate for their intended use, except as to any
deficiencies which are due to causes beyond the control of the Architect,
and that the Project, if constructed in accordance with the drawings,
specifications and other documents, shall be structurally sound and a
complete and properly functioning facility in accordance with the terms of
this Agreement. Any suggestions. recommendations or review comments
by the Owner shall not reduce or diminish the Architect's responsibilities
pursuant to this Agreement.
29
c. The Architect shall be responsible for any errors, inconsistencies or
omissions in the drawings, specifications, and other documents. The
Architect will correct at no additional cost to the Owner any and all errors
and omissions in the drawings, specifications and other documents
prepared by the Architect. The Architect further agrees, at no additional
cost, to take the lead and render assistance to the Owner in resolving
problems relating to the design or specified materials.
d. It is the responsibility of the Architect to make certain that, at the time the
project is bid, all drawings, specifications and other documents are in
accordance with applicable laws, statutes, building codes and regulations
and that appropriate reviews and approvals are requested and obtained
from federal, state and local governments.
e. It shall be the responsibility of the Architect throughout the period of
performance under this Agreement to exercise the abilities, skills and
care customarily used by Architects of the training and background
needed to perform the services required under this Agreement who
practice in the Augusta, Georgia area or similar communities.
8. Proiect Reauirements.
a. The Architect shall review the Owner provided cost estimates and provide
input to the Owner with regards to the design and estimate as to his belief
to the best of his knowledge and belief that the project cost is within the
CCAP.
b. With each Design Phase submittal and each interim, revisionary or
subsequent design submittal of the Architect to the Owner, the Architect
shall make the following statement in writing:
"The drawings, specifications, and other documents submitted
herewith, to the best of our knowledge, information and belief, fulfill
the Owner's requirements and the work indicated by them may be
purchased by the Owner in a construction contract or contracts, the
total price of which (CCAP) will not exceed the CCAP and may be
constructed, and the above mentioned documents submitted
herewith have been prepared in accordance with the Professional
Architectural Services Agreement."
c. With each Design Phase submittal and each interim, revisionary or
subsequent design submittal of the Architect to the Owner and with his
certification of the Final Payment to the contractor, the Architect shall
make the following statement in writing:
"No asbestos-containing building materials have been specified and
to the best of my/our knowledge and belief none have been
incorporated into this Project."
d. Incorporated herein and made a part of this Agreement by reference as
Exhibit B the Schedule for the Project which defines the sequence and
timing of the design and construction activities. No deviation from the
30
Schedule shall be allowed without written approval for a change in the
Schedule, in the form of a Design Phase Change Order executed by the
Owner and Architect. Should the Owner determine that the Architect is
behind schedule; the Architect shall expedite and accelerate its efforts,
including additional manpower and/or overtime, to maintain the approved
design schedule at no additional cost to the Owner.
9. Proiect Conferences.
a. Throughout all phases of the Project, the Architect and its consultants
shall meet periodically with the Owner when reasonably requested.
Participants shall be as agreed with the Owner. Such meetings shall
include:
i. Architect Orientation.
1. Pre-design conferences.
2. Pre-design Project Analysis Session.
3. Design conferences.
4. Pre-bid conference for the bid package.
5. Preconstruction conference for the bid package.
6. Bi-weekly construction progress meetings.
7. Substantial Completion, Final Completion and completion of
warranty period inspections for the construction contract.
b. The Architect shall be responsible for scheduling and attending any
meetings necessary to properly coordinate the design effort including,
without limitation, meetings with governing agencies, code officials and
applicable utilities.
c. The Architect shall be responsible for preparing accurate and complete
minutes of Project Design conferences and distributing same to all
participants. The Architect shall prepare and distribute meeting minutes
within five (5) working days after each meeting.
10. Not Used.
11. Construction Warranty.
a. The Architect and its consultants shall assist the Owner in resolution of
warranty issues as may be required to determine responsibility for
deficiencies.
b. The Architect and its consultants shall conduct an inspection of the
project one (1) month prior to any warranty expiration and provide to the
Owner a written report specifying any warranty deficiencies which may
exist.
12. General Reauirements
a. The Owner will interview the design and management staff that will be
assigned to this project.
b. The Owner will review the Architect's Consultants being considered for
this project prior to their assignment. To the best of their knowledge all
31
necessary design disciplines for this project are included in the Architect's
fee.
c. The Architect is to provide the Owner with all final drawings on computer
disk. AutoCAD version 2005 or later is preferred, or scanned onto
magnetic media that can be accessed by AutoCAD 2005.
d. The Architect is to provide the Owner with 11" X 17" prints of the final site
overall floor plan.
e. The Architect is to file and review all plans with the applicable Building
Department, Development Department, Augusta Georgia Inspections
Divisions, and Fire Marshal, and incorporate all review comments on the
plans prior to sending the plans out for bid.
f. Periodic field visitations are to be made by all of the Architect's
Consultants retained for this project during construction to observe the
implementation of their specific discipline. The Architect shall prepare
and distribute written reports from these visits within two (2) working days
after each visit.
g. Final punch lists are to be made by each of the Architect's Consultants,
as well as the Architect. The Architect shall prepare and distribute written
reports within five (5) working days after each inspection.
h. The maximum drawing sheet size is to be 30" X 45".
32
Exhibit B
Schedule
The Architect agrees to the following schedule for the design of the project. The
schedule anticipates the following milestone dates:
Milestone Dates
Activity Due Date
Notice to Proceed June 17, 2009
Desian Narrative and Final Design Schedule July 9, 2009
Schematic Design Phase - Notice to Proceed July 16, 2009
Schematic Design Phase - Submittal August 18, 2009
60% Construction Document Phase - Notice to Proceed August 27, 2009
60% Construction Document Phase - Submittal July 23, 2009
100% Construction Document Phase - Notice to Proceed August 19, 2009
100% Construction Document Phase - Submittal September 22, 2009
Bid Documents Submittal October 22, 2009
Contractor Proposals Due December 16, 2009
Construction Contract Award February 3, 2010
Substantial Completion July 28, 2010
33
Exhibit C
Insurance
Insurance Reauirements
1. Statutory Worker's Compensation Insurance
a) Employers Liability:
Bodily Injury by Accident - $100,000 each accident
Bodily Injury by Disease - $500,000 policy limit
Bodily Injury by Disease - $100,000 each employee
2. Comprehensive General Liability Insurance
a) $1,000,000 limit of liability per occurrence for bodily injury and property
damage
b) The following additional coverages must apply:
· 1986 (or later) ISO Commercial General Liability Form or equivalent
· Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04
or equivalent)
· Additional Insured Endorsement (with a modification for completed
operations) forms G17957G and G134802A or equivalent.
· Blanket Contractual Liability (included in 1986 or later forms)
· Broad Form Property Damage (included in 1986 or later forms)
· Severability of Interest (included in 1986 or later forms)
· Underground, explosion, and collapse coverage (included in 1986 or
later form)
· Personal Injury (deleting employee exclusions)
3. Auto Liability Insurance
a) $500,000 limit of liability per occurrence for bodily injury and property
damage
b) Comprehensive form covering all owned, non-owned, leased, hired and
borrowed vehicles
c) Additional Insured Endorsement
d) Contractual Liability
4. Professional Liability Insurance
a) Professional Liability Insurance Limit $500,000 per claim / $1,000,000 per
aggregate.
· Insurance company must be authorized to do business in the State of
Georgia
5. Augusta Georgia, the Owner's Representative (and any other applicable
Authority) should be shown as an additional insured on General Liability and
Auto Liability policies. Certificate Holder should read: Augusta Georgia, 530
Greene Street, Augusta, GA 30911.
6. Insurance Company, except Worker's Compensation carrier, must have an A.M.
Best Rating of A-6 or higher. Certain Worker's Comp funds may be acceptable
by the approval of the Risk Management Division. European markets including
those based in London and domestic surplus lines markets that operate on a
34
non-admitted basis are exempt from this requirement provided that the
contractor's broker/agent can provide financial data to establish that a market is
equal to or exceeds the financial strengths associated with the A.M. Best's rating
of A-6 or better.
7. Insurance Company must be licensed to do business by the Georgia Department
of Insurance. * See above note regarding Professional Liability
8. Certificates of Insurance, and any subsequent renewals, must reference specific
bid/contract by project name and projecUbid number.
9. The Architect shall agree to provide complete certified copies of current
insurance policy(ies) if requested by the Owner to verify the compliance with
these insurance requirements.
10. All insurance coverages required to be provided by the Architect will be primary
over any insurance program carried by the Owner.
11. Except for Professional Liability Insurance coverages, Architect shall incorporate
a copy of the insurance requirements as herein provided in each and every
Consultant with each and every Subconsultant in any tier, and shall require each
and every Consultant and Subconsultant of any tier to comply with all such
requirements. Architect agrees that if for any reason Consultant and
Subconsultant fails to procure and maintain insurance as required, all such
required insurance shall be procured and maintained by the Architect at the
Architect's expense.
12. The Architect, and their Consultant's and Subconsultant's shall not commence
any work of any kind under this Contract until all insurance requirements
contained in this Contract have been complied with and until evidence of such
compliance satisfactory to Owner as to form and content has been filed with the
city. The Accord Certificate of Insurance or a pre-approved substitute is the
required form in all cases where reference is made to a Certificate of Insurance
or an approved substitute.
13. The Architect and Owner shall agree to waive all rights of subrogation against the
other as well as, its officers, officials, employees, Owner's Representatives and
volunteers from losses arising from work performed by the Architect.
14. The Architect shall make available to the Owner, through its records or records of
their Insurer, information regarding a specific claim (pertinent to the Architect's
work for the Owner). Any loss run information available from the Architect or
their insurer will be made available to the Owner upon their request.
15. Compliance by the Architect and their Consultant's and Subconsultant's with the
foregoing requirements as to carrying insurance shall not relieve the Architect
and their Consultant's and Subconsultant's of their liability provisions of the
Contract.
16. The Architect and their Consultant's and Subconsultant's are to comply with the
Occupational Safety and Health Act of 1970, Public Law 91-956, and any other
35
laws that may apply to this Contract.
17. The Architect shall at a minimum apply risk management practices accepted by
the Architect's industry.
18. Evidence of such insurance shall be furnished to the Owner, and the Owner shall
receive thirty (30) days prior written notice of any cancellation, non-renewal or
reduction of coverage of any of the policies. Upon notice of such cancellation,
non-renewal or reduction, the Architect shall procure substitute insurance so as
to assure the Owner that the minimum limits of coverage are maintained
continuously throughout the period of this Agreement.
19. The Architect shall deliver to the Owner a Certificate of Insurance for its
Professional Liability coverage annually, so long as it is required to maintain such
coverage under Article 11.4.
20. The Architect shall maintain in force during the performance of this contract and
for six (6) years after final completion of the Project, the Professional Liability
insurance coverage referenced above, so long as such insurance is
commercially available and reasonably affordable.
21. The Architect shall maintain in force during the performance of this contract and
for three (3) years after final completion of the Project, the Comprehensive
Commercial General Liability Insurance and the Automobile Liability Insurance.
22. The Owner shall be under no obligation to review any Certificates of Insurance
provided by the Architect or to check or verify the Architect's compliance with any
or all requirements regarding insurance imposed by the Contract Documents.
The Architect is fully liable for the amounts and types of insurance required
herein and is not excused should any policy or Certificate of Insurance provided
by the Architect not comply with any or all requirements regarding insurance
imposed by the Contract Documents.
23. Should the Architect fail to provide and maintain in force any insurance or
insurance coverage required by the contract documents or by law, or should a
dispute arise between owner and any insurance company of the Architect over
policy coverage or Limits of Liability as required herein, the Owner shall be
entitled to recover from the Architect all amounts payable, as a matter of law, to
Owner, had the required insurance or insurance coverage been in force. Nothing
herein shall limit any damages for which the Architect is responsible as a matter
of law.
24. The Architect shall deliver to the Owner two (2) original certificates of insurance,
signed by the Insurer's Authorized Representative, with the Policy Numbers
clearly identified on the certificates for each Policy. The Policy effective dates
should be on or before the date that the contract was signed.
36
Exhibit D
Asbestos - Statement of Declaration
ASBESTOS
STATEMENT OF DECLARATION
Facility
This statement is to certify that I have not to the best of my knowledge, information, and
belief, specified any asbestos containing materials and/or products in the preparation
and/or the construction of the referenced structure.
/2/200'7
cJL-(.(. v---
Owner Signatur
~ (z,;~rc.r
Date
1~~
37
Exhibit E
Non Collusion Affidavit
NON COLLUSION AFFIDAVIT
Date:
Project: Phase 1 Renovations of the Richmond County Corrections Institution
(RCCI)
Project #: RCCI-1
Project Selected Renovations to RCCI
Description:
Services Professional Architectural Services
Provided:
State of: Georgia
County of:
I, being first duly sworn, deposes and says that
he/she is of the party making the foregoing
Proposal or Bid; that such Proposal or Bid is genuine and not collusive or sham; that
said Proposer or Bidder has not colluded, conspired, connived, or agreed, directly or
indirectly, with any Proposer or Bidder or person, to put in a sham Proposal or Bid, or
that such other person refrain from proposing or bidding, and has not in any manner,
directly or indirectly sought by agreement or collusion, or communication or conference,
with any person, to fix the Proposal Fee or Bid Price of affiant or any other Proposer or
Bidder, or to fix any overhead, profit or cost element of said Proposal Fee or Bid Price,
or of that of any other Proposer or Bidder, or to secure any advantage against Augusta
Georgia, or any person interested in the proposed Contract; and that all statements in
said Proposal or Bid are true; and further, that such Proposer or Bidder has not directly
or indirectly submitted this Proposal or Bid, or the contents thereof, or divulged
information or data relative thereto to any association or to any member or agent thereof.
~e OF G~
Architect: 'A..... O~
~
"
38
BASIC SERVICES
Exhibit F
Fee Calculation
FEE % Canst cost Fee Total Basic Fee
0.14 $510,172 $71,424 $ 71,424.00
Note: 14% fee includes premiums for size/scope, complexity and
renovation factors
ADD SERVICES
NONE
REIMBURSABLES
Travel
(Trips)
from
ATL
local
10
10
Printing
Other
$170
$7
$1,700
$70
$5,000
$2,000
$8,770
$
$
8,770.00
80,194.00
39
TOTAL EXPENSES
TOTAL CONTRACT AMOUNT
Exhibit G
Facility Assessment Study
Facility Assessment Study dated November, 2008 and prepared by Heery International,
Inc. is incorporated herein by reference. It is understood that this study is for information
only, and the Architect/Engineer shall not adopt Study conclusions without independent
verification. It is also understood that the currently available funds are inadequate to
allow execution of all recommendations within the Study.
40