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HomeMy WebLinkAboutNew Animal Control Facility Augusta Richmond GA DOCUMENTNAME:!VerDki mol &rr!rtJ/ +aO/I~ DOCUMENT TYPE: YEAR:dOoO BOX NUMBER: 10 I 19f1 /3 FILE NUMBER: NUMBER OF PAGES: ~'.' :--..:' .' ~--'. -ARCHITECTS. PLANNERS ,r.PROJECT MANAGERS'.; ,__._' _:--':,-.:::":::'..j;...-,<. ",.- .:'.,--:~ .~..".;...:..:..:.. . , . .. . ~..." ':~""""..:~.:..: .,'. .:.....;;.~ "'. ',.', .' ,.' ," .' '. '.. J " .~... . ". .:~ . / ~ '. . .~ :".... .,...... u_ -' -';(>;-/.:.~;: i--\,::,:'X~:"\' -:.,: . f. '.~."'. .'.. .... .." ~;'> .~. l ~. , '. ".. . '. '", .":"'.- ;-.".". ~ .i.,:"" . :,?:V""',:".';~.':;. .'~':""":'I'~'::"i' :': .' ......: ..~ .:.~:. . ". "..... . '.,;, .... '..... .'; .' <'i:';~~,,~:, "':-<'" .."", , ,., ..:,;.'::'.,:,.:,. ,,', .,,',' ,',,':. "",i .'., f have' reYiewed the changeS'tothe' AIAtontraCt 'made by'the CountY Attomey,-iUid-futd them to be acceptable~EnCIosed .isthe_origiilaJ ~ DOcument B 141 With each c.IUiDge'iDitialed_for'your".~se:] look. froward ,to 'working- with 'AUgusta-: -- _.' :"~:~c~?n~.<:~unty .~~:ibi~:~fj.~::~.::..~ " -:---<.::;,'_.'::L\::'::':':>/';~-r-~;:f:C-!'::~..-'. ':' . :_- ." f.,_, . ~.' _:_;: :_ '. _ ~ :',_ 'RiCk, ~ee 'oft~~ Ariima1 Control ~adIitY Stair;Wd myself~eIltto-ih~ _Sp~bUrg,- SC facilitytbis -paSt.Monday' ~d sa~ .. --'what is one of the 'Premier tYpe facilities in the SoutheasLA. lot ofiniiovative and coSt "effective techniqUes weceutiIiZed ;- -.-~whentbisbuildirigwas.constructedeight.~::(18)months'ago,::;'_'_.~;,;:- . '." _.",' '.. -:'_ ", ... .... ':.~..'~. ," ..:",'.~:;:~'..' . ,....<~.:.."' .. 'I'. ........ ;' "'~'''.'' Should you h8.ve any questions or if I can provide ariy ~dditiona1 infoImation, please contact me at (706)597-9770. '. - . " . ,. . . . "-.n' . ", . . -'. ...... " .\. . ". '. .... ".. "'.t' ." '. '. .~ - . ,,": . .. . ....:,.. .;:~ - ~ " .. r . " , '0 . '.~ .-" . . -:. ~ ...:, 'f.. /." ....;"-.. :' . "" ....:......:~:~ --- -.: Sincerely, . :'" ~.... :'~ARCmri:crs~LLC' -. '~ . ',".' .:, -"'. . . ,I-' . ( .' ,'~ ." ,'" -' \. . " ..... -.':;")::,:- . ,.,' ,., :.<"'.:" . - J .-:: Erskin P . RhoadeS, AIA " EPR/str 20214.01 . --r.'. - -- . .' ". ,," ",. :: \...: ....:~ ;.,.,';:. ',; , 09 COBB eTRI!:E:T ...O._BO-X 277 THOMSON. (JI!:'ORGIA 3,OB'2:4 7069-97.9770 F"AlC '70S 997 97.9-.9 .. . ::;:~'::~-'-.~~~?~J~~~p0; .; .::.~t:";,Wf5T-Y . i, I Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services i l' ..; AlA Document 8141 -1997 1997 Edition - Electronic Format This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlITHENTICATION OF TIllS ELECTRONlCAll Y DRAF1'ED AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT 0401. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987,01997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. - TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS t , 1.5 COMPENSATION AGREEMENT made as of the Sixth (6) day of March in the year Two Thousand (2000) (In words, indicate day. month andyear) BETWEEN the Architect's client identified as the Owner: (Name, addre:s.J and other information) Augusta-Richmond County, Georgia c/o Augusta-Richmond County Board of Commissioners Municipal Building 530 Greene Street Augusta, Georgia 30911 and the Architect: (Name, address and other information) TSDG Architects, LLC 109 Cobb Street P.O. Box 277 Thomson, Georgia 30824 For the following Project: (Include detailed description of Project) A i'-iew Animai Comroi Facility with offices for the Director, Assistant Dir., Secretary, and Dispatcher. Space to accommodate eight (8) Animal Control Officers. A Spay/NeuterlRabies records room. Employee Restrooms with showers, lockers and laundry provisions, Employee Break room. Euthanasia room. Public Restrooms. Storage room. Feed room. One hundred Dog Runs and two cat rooms to accommodate 75 pens each. The budget for the facility is Five Hundred Seventy Five Thousand (575,000.00) dollars. AlA DOCUNJENT B 141-ST ANDARD FORM AGREEMENT - 1997 EDmON - AlA - COPYRlGI-IT 1997 - THE AMERICAN INSTlTIJTE OF ARCHITECTS, 1735 NEW YORK A VENUE N, W" WASHINGTON, D,C, 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expimtion as noted below_ Electronic F onnat B 141-1997 User Document: ANIMAL.DOC - 3/3/2000. AIA License Number 109910, which expires on 8/6/2000 - Page #1 -;- ---~~.~:-.-' ,o.~. ',r. '1':'~ f"~' .,- -I: -- 'q The Owner and Architect agr~ as follows. ARTICLE 1.1 INJT1AL INFORMATION 1.1.1 This Agreement is based on the fOllowilig Wormation and assumptions. (Note the disposition for the fotkJwing itmu by inserting the requested information or a statement such as "not applicable," "unknown oJ time of execution" or "w be determined later by mutual agreement. '? - Per Owner's Request for Qualifications No. 99-155 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (IdentifY or describe, if appropriale, proposed lLfe or goalJ.) Animal Control for Augusta-Richmond County 1.1.2.2 The physical parameters are: (IdentifY or describe, if appropriate, size, IocoJion, dime1l.Ji01l.J, or other pertinent information. such as geotechnical repo113 about the site.) Site Location next to Existing Animal Control Facility 1.1.2.3 The Owner's Program is: (IdentifY documentation or stole the manner in which the program will be developed.) Per Owner's RFQ No. 99-155 1.1.2.4 The legal parameters are: (IdentifY pertinent legal information, including, if appropriale, land surveys and legal descrlpti01l.J and restricti01l.J of the site.) 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $575,000.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $532,000.00 I ~ 1.1.2.6 The time parameters are: (IdentifY. if appropriate. milestone dales. durations or fast trtXk scheduling.) Programing, Design, Budget by May 1, 2000 Contract Documents by August 1,2000 1.1.2.7 The proposed procurement or delivery method for the Project is: (IdentifY method such as competitive bid, negotiatedcontrtXt, or constnJction management.) Competitive Bid and Possible owner forces. 1.1.2.8 Other parameters are: (IdentifY special charOJ:teristics or needs of the Project such as energy, environmental or historic preservation requirements.) Facility shall be Designed for future additions. 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: (List name. address and other information.) Mr. Richard M. Acree, jr., Assistant Director Public works and Engineering Department Facilities maintenance and Construction Division Augusta-Richmond County, Georgia 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals,to the Owner are: ' (List name. address and other information.) The Animal Control Director and its Board 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identifY them by name and address.) N/A AlA DOCUMENT BI41-STANDARD FORM AGREEMENT - 1997 EDmON - AlA. COPYRIGI-IT 1997 - TI-IE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N_W_. WASHINGTON, D.C. 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violatOT legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation Wltil the date of expiration as noted below, Electronic Format B 141-1997 .,. '. -. .._~. .-. .~-..~. .- 1.1.3.4 The Architect's Designated Representative is: (Lul name, addreu and other information.) Erskin P. Rhoades, AIA Architect of Record TSDG Architects 1.1.3.5 The consultants retained at the Architect's expense are: (List di.Jcipline and, if mown, identify them by name and addre.Js.) Civil Engineering Godefroy and Associates Augusta. Georgia Structural Engineering Johnson, Laschober and Associates Augusta, Georgia Mechanical Engineering Pruett, Ford and Associates Augusta. Georgia Plumbing Engineering Pruett, Ford and Associates Augusta. Georgia Electrical Engineering John Ray Williams and Associates Columbia, South Carolina 1.1.4 Other important initial information is: ; ; '1,\ 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such infonnation may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Paragraph 1.3.3, ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. . I 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full infonnation in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights, 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality, . 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1. 1 ,3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services, 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph I, 1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. AlA IXXUMENT BI41-STANDARD FORM AGREEMENT - 1997 EDmaN - AlA - COPYRIGHT 1997 - TIlE AMERICAN INSTmJrE OF ARCHITECTS, 1735 NEW YORK A VENUE N. W., WASHINGTON, D.C, 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with penlussion of the AlA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141-1997 User Document: Al'lIMAL,DOC -- 3/3/2000. AlA License Number 109910, which expires on 8/6/2000 _ Page #3 ~ '"'i: 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in . Article 1.4. . 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, 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 shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. . 1.2.3.5 Except with the Owner's knowledge and consent, the Architect sball not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's seivices. The Archit~ shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at current market rates oflabor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, AlA DOCUMENT BI41-STANDARD FORM AGREEMENT - 1997 EDmON - AlA - COPYRlGHr 1997 - THE AMERICAN INSm OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the dale of c:lCpiration as noted below. Electronic Format B14l-l997 User Document: ANIMAL.DOC -- 3/3/2000. AlA License Number 109910, which expires on 8/6/2000 -- Page #4 .'.... . F. statutory and other reserv~ rightS; including copyrights. 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination. the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license pennitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where pennitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be pennitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in' Subparagraph 1.3.2.2. Submission or distnoution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Archi~ and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic fonn or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the fonnat of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. j . 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described 10 Subparagraph 1.3.9.2 and Paragraph 1.5.5. . 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation. .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure ofperfonnance on the part of the Owner or the Owner's consultants or contractors; AIA DOCillvlENT BI41-STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AJvlERlCAN INSTmJTE OF ARCHITECTS. 1735 NEW YORK. A VENUE N.W. WASHINGTON, D.C. 20006-5292. WARN1NG: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. Tbis docwnen! was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141-1997 User Document: AL'ITMAL.DOC -- 3/3/2000. AIA License Number 109910, which expires on 8/6/2000 -- Page #5 .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1. 1. 1.3.4 MEDIATION ~1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediatioJ:l as a condition precedent to ~.~:+_~+:M -- dl& institution of legal or equitable proceedings by either party. If such matter relates to or . e subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or bj' :uoitra&iQA. 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation.:ll:h!sh, 1:iRIess the flarti8S IRI:it\ially agree ethem~ge, shall Be in asseI:aanse Vqth the CeR&tRietieR lfial:ieQ:)' Heliiea8R . .. . Request for mediation shall be filed in writing with the other party to this Agreement-ami ..qt,h tAi :\merisaJl ArBitratieR .\ssesi8keR. Tl:J~ r':q"~it IR~' bit lRaQe S8RaliFreBtly vntft tlte HIm! eh QilRaRd fGr lJ;bitn&ioR O\lt, iA gy~A i"eAt, lReaiatisR 9Ra1:1 flFeseea iR aQ"aJl~i sf mitr~sA sr legal er eEl~a8le pre8ee&ings, "'meR sRall Be &t~'ea fleRsiRg R'leaiatiee fer a flerisa ef 90 aaj'& a:QIR the Q1te sf miAg, \IWi1i1i Et~'8g fur a leAger peRes 9)' asrllelReRt ef tRl! plll1ies er 881:il't 8fllllr. 1.3.4.3 The parties shall share the mediator's fee.:\AQ :lAY ffiiRg fllll8 Il't\lally. The mediation shall be held in the place where the oject is located, unless another location is mutually agreed upon. A SfitIRiAt8 reasAl!Q in R'leEiiatieR sRall ge enfeF8ea8le 86 [itd'lllReAt aerQemeAh; iA :\A~ ~sw:t R3,H.iAg jutii;di-;tioA tbltriot ARBITRA TlON 1.3.5.1 ,AJt'j elaim, dispute or otHer matter in questioR aOsrng Otit of or related to this .'\greemeRt shell. be suejeet to ar-bitratien. Prier to areitration, tHe parties shell. eRdea'/er to resolve disf:lutes by mediatiofl in aeeordaaee ,vith Paragraf:lh 1.3.4. 1.3.5.2 Claims, disl3utes and ether matters in EJ:l:lestieR betv;eeR tHe parties that are I'Iot resolv~ by mediatieR shell. be aesided by arbitratiol'l--wbieA,-tmless4he~ ml:lroaHy agree otherwise, shaH-be i:n aeeorsanee 'Mth the Constnletiofl Iadlistry ArbitFatioR RtHes -ef 4he Ameriean .-\rbitratioR :\ssoeiatioR eu-rreRrly ..ffi~-+he demand --fet: arbitratioR ~ -be -4He6 -tft-wfitffig~~ other part"j to this ,\greemeat aad with the .'\meoeElfl ..\-r~itratioa .\ssoeiatiofl. 1.3.5.3 A demElfld for arbitratieR shell. be made within a reaseRoole time after the elairn, disl3ute or other matter in questioR has ariseR. 11'1 flO eveat shaH the demaAd for arbitratioa be !Rase after the date whea iRstitutioa of legal Elr eEjuitable prEleeedings based OR sueh elaim, dispute er other matter in questiea 'Nel:lld be earred BY the applieable statute of limitations. 1.3.5.4 ~ arbitratioR-aflsiflg~-ef~ relating--te-tffis ,'\greement~ include,~ cOfl5olidatioR~-jetBeef-6f-tft-aay-eMief- !Ranner, an lidditioAw 13erSOfl or cati!)' aot Ii party to this . '.g;eement, e;ceept by written eOflsent coatainiag Ii speeifle refereaee to this :\greemeRt -iHid-sigHee--by4he Owaer, .-\rehiteet, -iHid--any~""flet'sefl-at'~~--te-be~ Consent--te arbitratiea iw/elving aa additieRM f:lersoR Elr emity shell. Ret eORstitute eORseat to arbitratioR sf any elaim, disf:lute or ether matter iR q\:iestiea ~ described -m 4he '.witteR eonsent -at' -with -a -peFSeft -at' ~ -oot---fle:fReEi ~ deseribed thereia. -+he feregoffig agt'eemeflt---te- arbitrate aRd other agreemeats to arbitrate witH an adaitioaw persoa or eRrily duly eORseatea te by parties to this Agreement shell. be speeifieaH}' enf-oreeaele in aeeordanee with applieable law in aay eel:Ht having jl:losdietioR thereof. 1.3.5. 5 ~-awaffi readerea --by4he arbitrator~ arbitrators -sftaH-be-tffial;-.1flEi jl:ldgmeat -may-be efltered upoa~-ffi aeeer-aanee 'l;ith applieable la.....' iR aay (Jol:ln lla.,<iRg jl:lrisdictioR thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS I'ROVISIONS ALA DOCUMENT B14I-STANDARD FOR-v[ AGREErvlENT - 1997 EDmON - AlA - COPYRIGHT 1997 - TI-IE AMERICAN INsm OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecUtiOlL This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141-1997 User Document: Ai'ITMAL.DOC -- 3/3/2000. AlA License Number 109910, which expires on 8/6/2000 - Page #6 1.3.7.1 This Agreement. shall bd governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement: 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors; consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect., as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the compieted Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidentiai ~ 0' pmpriotary. TO. 0_, 'Roll p.., ie. ~mfe"i",al ".Bit fo'lR. ,"',IK."" .. lloe 0......(, p"'....i.nal ..........1, '., .h. p,oj.... P. 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid ail sums due prior to suspension and any expenses incurred in the intenuption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for AIA DOCUMENT 8 141-ST ANDARD FOR...'v1 AGREEMENT - 1997 EDmON - AIA - COPYRlGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141-1997 User Document: ANIMAL.DOC - 3/3/2000. AIA License Number 109910, which expires on 8/6/2000 -- Page #7 : <:' ; ~ services perfonned pri0f to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.3 If the Project is suspended or the Architect's services are suspended for niore than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. . 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perfonn in accordance with the tenns of this Agreement through no fault of the party initiating the termination. 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for' the Owner's convenience and without cause. 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due.and all Termination Expenses as defined in Subparagraph 1.3.8.7. 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly ~ attributable to termination for which the Architect is not otherwise compensated. pl.", "n "",nl1nt f"nr th.. .1r("hit..~,~ "..ti,..;p"t~<1 . pr9Rt 9R tR~ "lhl: of tb~ i~q';'':i nnt p~rf"o""""" hy th.. .1 rl"hit""t . 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services a4d include expense~ incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: ~1P[PQ~1ti~R iR <;Q"R'lct;QT,l U(itb tbl: ~Qj'lct,. authorized out-of-town travel and subsistence, and electronic ~_ :ommurucatlOns; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard fonn documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular . rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that nonnally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 other similar direct Project-related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services perfonned on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. AlA DOCUNfENT BI41-STANDARD FOR..\1 AGREEMENT - 1997 EDmON - AlA - COPYRIGIIT 1997 - TI-ffi AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE N. W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B141-1997 User Document: Al'ffi\tlAL.DOC -- 3/3/2000. AIA License Number 109910, which expires on 8/6/2000 _ Page #8 1.3.9.4 Direct Personrrel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document BI41-1997. 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIADocument BI41-1997, or as follows: (LUt other documents. if any. delineating Architect'.s .scope of .service.s.) 1.4.1.3 Other documents as follows: (Li.Jt other documents. if any. fanning part of the Agreement.) See "Special Stipulations" attached. 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: 1.4.2.1 Long distance phone calls/faxes, and mileage expenses are included in the fee outlined in paragraph 1.5.5, except if in conjunction with a site visit to another related facility. 1.4.2.2 Reproductions of Four (4) sets of plans and specifications are included in the fee outlined in paragraph 1.5.1. Additional copies, ifany, will be billed in accordance with paragraph 1.3.9.2. 1.4.2.3 Arbitration is hereby eliminated in its entirety. All claims, disputes and other matters in question between the Owner and the Architect arising out of or relating to the Agreement, or the breach thereot: shall be decided in the Superior Court of Richmond County, georgia. The Architect, by executing this Agreemet1f specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior .Court of Richmond County, Georgia. 1.4.2.4 All communications to the Architect shall be directed to TSDG Architects, and all communications to Owner from Architect shall be deemed to be from and on behalf of TSDG Architects. It is the intent of this Agreement that TSDG Architects shall be the representative of the Architect to whom the Owner shall direct all communications an upon whom the Owner can relay to be acting on behalf of the Architect. ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: The Stipulated Sum of Forty-Three Thousand and 00/100 (43,000.00) dollars. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. (lnsert bwis of compensation. including rates and multiples of Direct Persormel Expense for Principals and employees, and identiJY Principal.J and classify employees. if required. Identify .specific services to which particular methods of compensation apply.) Compensation shall be based on an hourly rate as follows: Architect Intern Architect CAD Operator Engineers Clerical $85.00/Hour $50.00/Hour $40.00/Hour $75.00/Hour $30.00/Hour 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point zero eight ( 1.08) times the amounts billed to the Architect for such services. AIA DOCUMENT BI41-STANDARD FORM AGREElvlENT. 1997 EDmaN - AIA - COPYRlGlIT 1997 - THE AMERlCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE N. W,. WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator legal prosecution. This document was dectroni~lly produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 141-1997 User Document: AJ.'ITMAL.DOC -- 3/3/2000. AIA License Number 109910, which expires on 8/6/2000 -- Page #9 ,/ 1.5.4 For Reimbursat>le Exp'enses as descnbed in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one point zero eight ( 1.08 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, ifany, are as follows: 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of Nt A Dollars ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable Twenty ( 20> days from the date of the ArclUtect's invoice. ~""I'8i<l (>-. :: ~~~ :~:::~ ~: ::~:~ ~~ ~~ ~~~~ ~terea belew, ef iB the aeseaee thereef at the legal ~ " g frem time ~&- . !HHe s~ the flRH6fI'lW flls6e ef.e~Stfte9S efthe ..-\rehtteet. . (llUert rale of interest agreed upon.) See "Special Stipulations" attached. (Usury laws and requiremenu under the Fe~ral Truth in Lending Act, similar SlaJe and /QcaJ C01mlmer credit laws and other r~latiolU al the Owner's and Architect's. principal places of bu.riness, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice shOlJ/d be obtained with respect to de/etiolU or modijicatiolU. and abo regarding requiremenu such fJ3 written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date hereo~ through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. ute ~WNER (Signature) ~. Augusta-Richmond County, Mavor Bob Y ounlf (PrinJed name and til/e) '1/Y ~ Insert A: lAtte~~ Clerk . to as of the day and year first written above. ~~ ARCWl.t:CT (Signature) .1 , TSDG Architects, LLC Er~kin P Rhoade~ AI A Owner (PrinJed name and title) ~ AlA DOCUMENT BI41-STANDARD FORM AGREEMENT - 1997 EDmON - AlA - COPYRlGHT 1997 - TIiE A.lYfERICAN INS1TI1JTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws mu! will subject the violator legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expinItion as noted below. T,. T""\ \'mK"T T"\I"'\,... """'''''f'\r'l.r\ ,,-rA T' ,_, "^......,....~ .~.. . .....,..._............ _ "._ - :::- - ~::::.:::::::~: - - ,~,~ .....~ "'..... -- .;"..n _vvv. .-u.,..-,. ....iC<;i"..;c 4,u.Hlur;a I V"7"7 I v, WIllen I:Xpln:s on O/O/.:.VVIJ _ rage ;;:1 v Electronic Format B141-1997 .r' 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one point zero eight ( 1.08 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of N/ A Dollars ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services perfonned on the basis set forth in this Agreement. 1.5.8 Payments are due and payable Twenty ( 20) days from the date of the Architect's invoice. f.meWlts~ ()-deys- ~~ ~~ ~eiee Elate shall Beer iBterest at the rate eater-eEl Belew, er iB the aesea6e ther-eef at the legal Fete prevailing tram rime to--- . time at the prifleipw plese efBl:IsiRess efthe MemteElt. .' (Insert rate of in/ens/ agreed upon.) See "Special Stipulations" attached. (Usury laws and requiremenl.J under the Federal Truth in Lending Act, simi/Q1" stale and local c01l.Jumer credit laws and other regulati01l.J al the Owner's and Architect's principal plat:es of business. the kx:ation of the Project and euewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to delelioru or modificati01l.J. and also regarding requiremenl.J such as wrinen disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date hereof: through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. ~/~f~ ARCHITECT (Signature) o 1 " OWNER (Signature) Augusta-Richmond County, Georgia Mavor Bob Y ouni (Printed name and title) TSDG Architects, LLC Erskin P Rhoades AlA Owner (Printed name and tit/e) Insert A: IAttest: Clerk ~ AIA DOCUMENT BI41-STANDARD FORM AGREEMENT - 1997 EDmON - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A VENUE N. W., W ASHlNGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Fonnat B141-1997 User Document: ANIMAL.DOC -- 3/3/2000. AIA License Number 109910, which expires on 8/6/2000 __ Page # 1 0 . ,,,, , '~:.... 1.1.5 1.2.3.8 1.2.3.9 1.3.1.1 1.3.9.2.1 1.3.9.2.3 1.5.8 ". SPECIAL STIPULATIONS Add: The Architect will make on-site inspections of the project, not less than at weekly intervals, as part of the Basic Services during the Construction Phase. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons performing portions of the work; provided, however, nothing herein shall be construed as relieving the Architect from responsibility or liability for such acts or omissions as would be revealed or discovered in an on-site inspection, as provide herein, performed in accordance with :xercise of reasonable and ordinary care. Architect shall provide as part of the Basic Services two (2) sets of "Record Drawings" indicating significant changes to the project. Architect, as part of the Basic Services agrees to provide professional liability insurance with limits of at least One Million ($1,000,000.00) dollars. Architect shall provide as a part of the Basic Services estimates of construction costs in sufficient detail to reasonably advise the Owner of the status of ~he project in relation to the budget for same. I . . , Any other authorized travel shall be reimbursed to the Architect at their actual costs, with mileage to be charged at the rate of 25 cents per mile. Architect shall furnish detailed accounting of all such expenses. Add: "except costs wich are offset from non-refundabfe portion of plan deposits paid by General and Sub-contractors." This Agreement is intended by the Parties to, and does, supersede any and all .provisions of the Georgia Prompt Pay Act, O.c.G.A. Section 13-11-1, et seq. In the event any provisions of this Agreement is inconsistent with any provision of the Prompt Pay Ad, the provision of this Agreement shall control.