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HomeMy WebLinkAboutVIRGO GAMBILL ARCHITECTS PROJECT NAME: MUNICIPAL RENOVATIONS AND MODERNIZATION �� .� � �o a 1 STANDARD FORM OF CONTRACT FOR PROFESSIONAL ARCHITECTURAL SERVICES WITH CONSTRUCTION MANAGER @ RISK _ BETWEEN Augusta, Georgia (hereinafter referred to as the Owner) AND Virgo Gambill Architects (hereinafter referred to as the Architect) Date: Date of the contract will be the date of the last siqnature The Professional Architectural Services required by this Contract are to be rendered for the following project, hereinafter identified as the "Project": Project Name: Municipal Building Renovations and Modernization Project Address: 530 Greene Street City/State/Zip: Augusta Georgia 30901 Project ID #: 10-173 General Project This project will provide interior renovations to the existing Augusta, Description: Georgia Municipal Building, an approx. 120,800 s.f, 9 story building (excluding the basement), in order to address current and future space requirements and to upgrade workspace standards. 1 Table of Contents Article 1 Representations Article 2 Notices Article 3 Definitions Article 4 Relationship of the Parties Article 5 Basic Services Article 6 Additional Services Article 7 Design Not to Exceed Article 8 Compensation Article 9 Period of Service Article 10 Owner's Responsibilities Article 11 Insurance Article 12 Indemnification Article 13 Termination of Agreement Article 14 Successors/Assignment Article 15 Ownership of Documents/Confidential Information Article 16 Additional Provisions Article 17 Project Records Article 18 Prohibition Against Contingent Fees Article 19 Exhibits and Attachments Article 20 Entire Agreement Exhibit A Basic Services Exhibit B Program of Requirements Exhibit C Schedule Exhibit D Insurance Exhibit E Asbestos — Statement of Declaration Exhibit F Non Collusion Affidavit Exhibit G Contract for Construction Services (Draft) 2 This Contract for Professional Architectural Services is entered into befinreen: Owner Owner's Name: Augusta, Georgia Owner's Address: 530 Greene Street City/State/Zip: Augusta Georgia 30901 and Architect Architect's Name: Virgo Gambill Architects Architect's Address: 2531 Center West Parkway, Suite 200 City/State/Zip: Augusta Georgia 30909 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: Owner's Representative Firm Name: Heery International, Inc. Name: Jacques Ware Address: 530 Greene Street, Suite 312 City/State/Zip: Augusta, Georgia 30901 Email Address: jware@augustaga.gov Phone: 706-842-5558 Cell: 706-825-8132 Fax: 706-821-2484 Architect's Representative Name: Joseph W. Gambill Jr., AIA, LEEDOAP Address: 2531 Center West Parkway, Suite 200 City/State/Zip: Augusta Georgia 30909 Email Address: jgambill@virgogambill.com Phone: 706-736-3661 Cell: Fax: 706-736-4552 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; 3 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 accurate, coordinated and adequate for construction and shall be in conformity and comply with all applicable law, codes and regulations; 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 (a) hand delivered; (b) delivered by facsimile; (c) sent by U.S. Mail, postage prepaid, or (d) sent in a".pdf' format via email. All notices shall be given to the authorized representatives at the addresses set forth above. Notices that are hand delivered, delivered by facsimile, or sent by email shall be deemed given the next business day following the date of delivery. Notices given by U.S. Mail shall be deemed given as of the second business day following the date of posting. ARTICLE 3 DEFINITIONS The following words and phrases shall for the purposes of this Agreement have the following meanings: 3.1 Proiect - 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. 4 3.3 Construction Contract Award Price (CCAP) — For the purpose of this Contract, the CCAP shall be defined as the Guaranteed Maximum Price, as negotiated and agreed to between the Owner and the selected Construction Manager at Risk firm. The term "Construction Contract Award Price (CCAP)" shall be understood to be equivalent in meaning to the term "Guaranteed Maximum Price (GMP)," when used herein. CCAP includes all costs of the work including the Construction Manager at Risk's General Conditions and fee. 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-Construction Manager at Risk 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 term "Construction Manager at Risk (CM at Risk)". 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, as described in Exhibit B, which is the product from the conceptual study period. 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 supervision 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 5 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 except as otherwise modified by this Agreement. 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 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. In addition, the Architect shall use an individual or firm with specific expertise in roofing certified by licensure as a Registered Roofing Consultant for any projects containing any roofing work. 4.4.2 The Architect shall provide to the Owner 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. 6 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. ARTICLE 6 ADDITIONAL SERVICES 6.1 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. 6.1.1 Providing fully detailed presentation models or presentation renderings, not included in Basic Services. 6.1.2 Providing financial feasibility or other special studies, not included in Basic Services. 6.1.3 Providing planning surveys or alternative site evaluations. 6.1.4 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. 6.1.5 Making major revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given by the Owner. 6.1.6 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. 6.1.7 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. 6.1.8 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. 6.1.9 Providing services of interior furnishings not included in the design contract. 7 6.1.10 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. 6.1.11 Providing surveying services such as platting; mapping; subdivision agreements or recording subdivision plats. 6.1.12 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. 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 budget for the Project. The Construction Contract Award Price (CCAP) shall not exceed Fourteen Million Three Hundred Thirty Four Thousand Four Hundred Eighty One and 00/100's Dollars ($14,334,481.00). 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. 7.3 Owner's Remedies for Excessive Cost - If the lowest bona fide bid or negotiated CCAP exceeds the Owner's budgeted CCAP by more than five percent (5%) the Owner may, in addition to any other remedies provided in this 8 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 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 in the amount of Nine Hundred Eighty Four Thousand Four Hundred Seventy One and 00/100s Dollars ($984,471.00) The Contract Amount will be broken out as follows: Basic Services Compensation shall be in the amount of Eight Hundred Ninety Four Thousand Nine Hundred Seventy Four and 00/100s Dollars ($894,974.00) being 6.24% of the CCAP. Compensation for reimbursable expenses will be a not to exceed amount of Eighty Nine Thousand Four Hundred Ninety Seven and 00/100s Dollars ($89,497.00). 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 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. 9 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 revised and adjusted CCAP shall be the figure used in determining the Architect's fee. The percentage used for Basic Services Compensation shown in Paragraph 8.1 shall be applied to such increased CCAP. 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 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 and direct costs) in the performance of the Basic Services. 8.2 Pavments 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, and certifications that all consultants and subconsultants have been paid, and other documentation as requested by the Owner. Phase Phase Value Percentage Complete Design Narrative 5% 5% Schematic Design 10% 15% Design Development 10% 25% Construction Document 40% 65% Permitting and Bidding/Negotiation 5% 70% Construction 25% 95% Final Completion 5% 100% 8.2.1.1 Schedule of Values: The Architect is required to provide a Schedule of Values which includes a breakdown of contract amount and cost distribution for each sub-consultant along with the Prime Architects Fees. 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 Deductions may be made from the Architect's Basic Services Compensation on account of errors and omissions in the drawings, specifications, and other documents prepared by the Architect or in the Architect's performance of its obligations under this Agreement. Deductions may be made for the "premium 10 costs" paid by the Owner on account of errors and omissions in the drawings, specifications, and other documents. The "premium cost" is defined as 5% of the cost of the work, and is considered the costs in excess of what the Owner would have paid if the work was performed by the Contractor in a competitive bid environment. 8.2.4 Reimbursable Expenses incurred while performing Basic or Additional Services shall be computed at a multiple of 1.00 times actual cost. 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 with the Project; and expense of reproductions, postage and handling of Drawings and Specifications, beyond those for the Architect's and subconsultants' use and those required as the phase submittals, for submittals, postage, courier, delivery charges, telecommunications and facsimile, USGBC registration, and handling of Drawings and Specifications, beyond those for the Architect's and sub-consultants use. It is the Owner' intent to pay the cost for reproductions for drawings and specification releases for design and construction directly. Before incurring any Reimbursable Expenses, the Architect must request and receive written authorization from the Owner. 8.2.5 If the Project is suspended for more than six (6) 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 twelve (12) months, the Architect's Basic Services Compensation shall be equitably adjusted. 8.2.6 Deductions shall be made from the Architect's Basic Services Compensation for Liquidated Damages identified in Paragraph 8.5. 8.3 Additional Services Compensation 8.3.1 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: 8.3.1.1 Employees' time computed at a multiple of 2.6 times the employees' Raw Hourly Rate. The multiple of 2.6 covers the cost of mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, overhead and profit. 8.3.1.2 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. 8.3.1 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. 11 8.4 Accounting Records 8.4.1 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. 8.4.2 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. 8.5 Liquidated Damaqes. 8.5.1 Should the Architect fail to provide to the Owner those documents required for review by the Owner (at the Schematic Design Phase, Design Development Phase, 60% Construction Documents Phase and 100% Construction Documents Phase) on or before the dates identified in Exhibit C to this Agreement, (or such later date as may result from extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the daily amount of Two Hundred Fifteen dollars ($215.00) for each consecutive calendar day that the submittal to the Owner remains incomplete, which sum is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Architect to complete work within the time as stipulated; it being recognized by the Owner and the Architect that the injury to the Owner which could result from a failure of the Architect to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the Architect. 8.5.2 Should the Architect fail to publish the Construction Documents for bid on or before the date identified in Exhibit C to this Agreement for publication, (or such later date as may result from extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the daily amount of Two Hundred Fifteen dollars ($215.00) for each consecutive calendar day that all of the required documents are not published, which sum represents the approximate cost to expedite the construction work by one day and is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Architect to complete and publish the design work within the time as stipulated. 8.5.3 The amount of liquidated damages set forth in Article 8.5.1 and 8.5.2 may be assessed concurrently. The items of cost included in the assessment of liquidated damages are added review expense and additional expense to reduce the time allowed for construction of the Project. This provision for liquidated damages does not bar Owner's right to enforce other rights and remedies against the Architect, including but not limited to, specific performance or injunctive relief. ARTICLE 9 PERIOD OF SERVICE 9.1 Specific dates relating to the period of services are set forth in Exhibit C. 12 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 C 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 Time is of the essence in this Agreement. The Architect agrees to exercise diligence in the performance of its services consistent with the agreed upon project schedule, subject however, to the 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 If required for this Project, the Owner shall furnish a certified land survey of the site, giving as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and as-built drawings and specifications pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines, both public and private, above and below grade, including inverts and depths. 10.4 The Owner shall pay for the services of a soils engineer or other consultant, when such services are deemed necessary by the Architect or Owner's Representative, to provide reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. 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 13 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 Owner shall pay for and the Architect shall 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 D. 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, their 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 Architect'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 and/or real property including the loss of use resulting there from and caused by any negligent act or omission of the Architect, anyone directly or indirectly employed by the Architect or anyone for whose acts the Architect may be 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 14 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. 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 Architect 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 Architect, and recover from the Owner payment for all services performed to the date of the notice terminating this Agreement. 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 15 unable to agree on the amount to be paid under the foregoing sentence, the Owner shall fix an amount, if any, which it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly 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 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 ownership and 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 attorney's fees) arising from or related to the use or modification of materials 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 16 used by the Architect or 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 in connection with 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 gained by it as a result of the Services performed hereunder as strictly confidential. 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 16.1 All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E- Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services 16.2 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. 17 16.3 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 befinreen the parties. 16.4 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. 16.5 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. 16.6 The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 16.7 If any one 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. 16.8 Except where specifically stated otherwise, all periods of time stated in terms of days shall be considered periods calculated in calendar days. 16.9 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. 16.10 For the purpose of this Agreement unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular. 16.11 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 any one thereof. 16.12 "Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Confractor is deemed fo possess knowledge concerning Augusta, 18 Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contracf, amendment, modification, change order or other similar document, including fhe possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if if provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. 16.13 Local Small Business Language: In accordance with Chapter 108 of the Au�usra, GA. CooE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.aupustapa.gov. In accordance with Av�usra, GA. Co�E § 1-10- 129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 19 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 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) vears 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— Program of Requirements, Exhibit C— Schedule, Exhibit D— Insurance, Exhibit E- the Asbestos Statement of Declaration, Exhibit F— Non Collusion Affidavit, and Exhibit G— Contract for Construction Services. 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. 20 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: Architect: A_uqusta, Georgia Virgo Gambill Architects By: l �� (Signature) (Seal) (Signature) (Sea ���1/Z Deke Copenhaver Joseph W. Gambill, Jr., AIA, LEED�AP (Name) (Name) Mayor President (Title) (Title 530 Greene Street, Suite 806 2531 Center West Parkway, Suite 200 (Street Address — No PO Box) (Street Address — No PO Box) � Augusta, Georgia 30901 Augusta, Georgia 30909 (City, State; Zip')' (City, State, Zip) ?�w��* n'�- z/2� 1�2 Date o'��#t:rr�: „�' Date of Signature � . � a �r , '� ,. , it �sS); ° '� ., � (Witness) ii� : s, '� � . . � �� �ti � x �� . a; � �4Yy. - 21 Exhibit A Basic Services The May 28, 2010 Space Program for the Augusta-Richmond County Municipal Building, as modified during the Conceptual Study Period to meet the budgeted CCAP, shall be the basis for the project design. The CCAP will be established prior to commencement of the Schematic Design Phase. Conceptual Studv Period: The Architect shall provide the Owner with an evaluation of the existing building program and recommended modification/selective implementation of the existing building program to bring the program in line with the CCAP approved by the Owner. Deliverables shall include: a. Recommended program alternatives to meet the CCAP with advantages and disadvantages, b. A modified Building Program approved by the Owner, c. Conceptual site plan and building plan sketches of the modified program and d. a construction estimate. Architect shall not move into design until the building program and CCAP are approved. The Owner's Representative will verify that the cost estimate is within the CCAP. 1. Design 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 survey, and 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 Program of Requirements and make any necessary revisions as required to begin the design phase; iv. Familiarize themselves with pertinent Project dates and programming needs, including the Project Design Schedule; v. Review all Project geotechnical, Hazardous Substance, structural, chemical, electrical, mechanical and construction materials tests, investigations and recommendations; vi. Review local zoning restrictions and requirements; vii. Analyze opportunities for incorporation of sustainable design features, in support of the goal of ineeting LEED Version 3.0 Certification. viii. Register project with USGBC. 22 ix. 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. To the maximum extent possible, the Design Narrative will contain diagrammatic studies and pertinent text relative to: design concept; Program of Requirements; analysis of alternatives; internal functions; human, vehicle and material flow patterns; general space allocations; detailed analysis of operating functions; studies of adjacency, vertical and horizontal affinities; and outline descriptions of major building components and systems. d. Upon written authorization from the Owner to proceed, and based on the approved Design Narrative, the Construction Contract Award Price (CCAP), and Program of Requirements 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 Design Phase a. The Architect shall provide the Owner's Representative periodically 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 six (6) complete sets of prints of the drawings and other documents for approval by the Owner along with electronic files in pdf format. 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 and colored site plans, floor plans and elevations. d. Documents prepared by the Architect for final Schematic Design Phase submittal shall include drawings and a written report. The drawings shall include, but not be limited to; a proposed site utilization study of the property of the Project, schematic plans of all floor plan conditions, and 23 simplified elevations indicating the fundamentals of the architectural concept. The report shall include the status of the work, a summary of programmed versus actual square footage by room or area and net to gross comparisons in a format defined by the Owner; such discussion of design factors, if any, as are pertinent in the opinion of the Architect; and descriptions of proposed engineered systems, construction concepts, materials and work to be included in the construction contracts. Further, the report should include any pertinent minutes from meetings or telephone conferences with, or letters from review agencies with responses, and responses to all review comments from staff from previous reviews. The Architect shall submit an estimate and breakdown of the Construction Contract Award Price (CCAP) no later than five (5) business days in advance of the scheduled SD review meeting. The Architect shall prepare such estimates in the form prescribed by the Owner to assure itself that the project is within the CCAP. 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 1/16" scale) showing complete building layout, and identifying areas, room by room, showing square footage with comparisons to program standards, and core areas and their relationships. 2. Enlarged plans (at 1/8" scale) of select areas such as main entry lobby, concourse, toilets and back of house areas. 3. Preliminary building section and elevations indicating location and size of fenestration. 4. Preliminary furniture layouts of critical spaces. 5. Site plan with building located and overall grading plan with a minimum of 2'- 0" contour lines. All major site development such as orientation, access road paving, walls and outside support buildings, structured parking facilities and paved parking lots should be shown. 6. Gross and net area calculations separated to show conformance with the Program of Requirements. 7. Preliminary Building Code Summary. ii. Structural 1. Narrative of structural system (concrete, precast, structural steel with composite deck, structural steel with bar joists, etc.). 2. Identification of foundation requirements (fill requirements, piles, caissons, spread, footings, etc.). 24 iii. Mechanical 1. Block heating, ventilating and cooling loads estimates including skin versus internal loading. 2. Single-tine drawings of all mechanical equipment spaces, duct chases and pipe chases. 3. Location of all major equipment in allocated spaces. 4. Location of all service entrances. 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 with indications of final location of service entry, transformers and emergency generator, if required. 4. Description of specialized electrical systems (fire alarm, security system, intercom, voice/data, audio/visual, etc.). 5. Legend showing all symbols used on drawings. v. Securitv 1. Description of a complete Security System (monitoring, access control, etc.) vi. Audio/Visual 1. Description of a complete Audio/Visual System (projector, screens, sound system, etc.) vii. Voice and Data 1. Description of a total voice and data system (phone system, cabling, wire management, switches, servers, panels, etc.) 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 Owner will be utilizing a Construction Manager at Risk to provide pre- construction services during the Design Phase. The Construction Manager along with the Owner's Representative will be conducting design, constructability and coordination reviews at each phase of the design according to the following schedule: Review SD DD 60% CD 95% and 100%CD Desi n X X X X Constructabilit X X Coordination X x Design reviews will focus on the following: • Completeness as applicable, • Compliance with Program requirements, • Compliance with the Owner's design criteria and budget, 25 • Compliance with Applicable Codes and laws. Constructability Reviews will focus on the following: • Value, • Sequencing of construction, • Duration of construction of various building methods, • Constructability. Coordination reviews will focus on the following: • Coordination by the Design Consultant of the various disciplines, including architectural, structural, mechanical, electrical and plumbing. No later than five days prior to the SD Review Meeting, the Architect will submit the Schematic Design Documents to the CM at Risk and the Owner's Representative. Comments from the reviews done by the CM at Risk and the Owner's Representative will be discussed at the Schematic Design Review meeting. The architect will be required to provide a detailed response to each review item no later than five (5) days following the Schematic Design Review meeting. Vague responses such as "will comply" are not acceptable. j. Upon Owner acceptance and approval of the Schematic Design, the structural bay sizes, floor elevations and exterior wall locations (building "footprint") may not be changed except by a Design Phase Change Order. k. The Architect shall provide electronic images (in pdf format) at each phase of the design for use by Augusta Georgia on their website. I. The Architect shall provide in-progress sketches, at each phase of the design, mounted on presentation boards for display in the Main Lobby of the existing Municipal Building. 3. Desian Development Phase. a. The Architect shall prepare from the approved Schematic Design Studies, for further approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate. b. Design Development Documents prepared by the Architect shall include drawings and a written report in more detail than the Schematic Design Documents and shall take into account the Owner's comments on the previous submittal. The report shall include the status of the work, a summary of programmed versus actual square footage by room or area in a format defined by the Owner, such discussion of design factors, if any, as are pertinent in the opinion of the Architect; and outline descriptions of proposed engineered systems, construction concepts, materials and work 26 to be included in the construction contracts. Drawings shall include dimensioned site development plan, floors plans, elevations, and typical sections indicating proposed construction. Drawings shall also include information on major finishes as well as diagrammatic drawings illustrating fundamentals of major engineered systems, i.e., structural, mechanical and electrical. The Architect shall submit an estimate and breakdown of the Construction Cost Award Price (CCAP) no later than five (5) business days in advance of the scheduled DD review meeting. The Architect shall prepare such estimates in the form prescribed by the Owner to assure itself that the project cost is within the CCAP. c. 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. d. The Architect shall submit the final Design Development package, pertinent meeting minutes, etc. to show how review comments made in Schematic Design have been addressed. It should be clear from the notes where the specific item was incorporated into the Design Development submittal or an explanation if it was not incorporated. e. The Architect shall provide the Owner's Representative periodically with copies of in-progress Design Development Documents during the Design Development Phase. At the end of the Design Development 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. The documents for this final Design Development Phase submittal shall contain all of the following unless otherwise agreed in writing: i. Architectural 1. Project phasing plan. 2. Building Code Summary Sheet. 3. Life safety plans showing all fire walls and egress calculations. 4. Floor plans (at 1/8" scale) with final room locations including all openings. 5. Roof plan (at 1/8" scale) indicating structural slope, drainage areas and drain locations. 6. Wall sections showing final dimensional relationships, materials and component relationships. 7. Plans shall show typical furniture layouts associated with a County/City Government facility. 8. Finish schedule identifying all finishes. 9. Preliminary door and hardware schedule showing final quantity plus type and quality levels. 10. Virtually complete site plan including grading and drainage. 11. Preliminary development of details, including millwork details and large scale blow-ups. 12. Legend showing all symbols used on drawings. 13. Outline of materials to be specified in the CD phase. 14. Reflective ceiling development including ceiling grid and all devices that penetrate the ceiling (i.e., light fixtures, sprinkler 27 heads, ceiling register or diffusers, etc.). ii. Structural 1. Plan drawings with all structural members located and sized. 2. Final building elevations. 3. Outline of materials to be specified in the CD phase. 4. Foundation drawings. iii. Plumbinq 1. Piping, fixtures and equipment substantially located and sized. iv. Mechanical 1. Heating and cooling load calculation for each space and major duct or pipe runs sized to interface with structural. 2. Major mechanical equipment scheduled indicating size and capacity. 3. Major mechanical equipment scheduled indicating size and capacity. 4. Ductwork and piping substantially located and sized (mains only). 5. Above ceiling and/or mechanical room layouts to verify all, structural, mechanical, plumbing, electrical and fire protection systems fit in available spaces. 6. Typical devices in ceiling located in public spaces. 7. Legend showing all symbols used on drawings. 8. Outline of materials to be specified in the CD phase. 9. Completed life cycle cost analysis. v. Electrical 1. Power consuming equipment and load characteristics. 2. Electric load estimate. 3. Major electrical equipment (switchgear, distribution panels, emergency generator, transfer switches, UPS system, etc.) dimensioned and drawn to scale into the space allocated. 4. Preliminary site lighting design coordinated with Georgia Power. 5. Outline of materials to be specified in the CD phase. 6. Lighting, power, telecommunications and office automation devices and receptacles shown in plan. 7. Preliminary light fixture schedule. One line diagram of specialized electrical systems (fire alarm, intercom, voice/data, etc.) showing location of control equipment/panels and devices. 8. Interior electrical loads estimate for systems furniture, receptacles, lighting, food service equipment, and any other special use areas, etc. vi. Securitv 1. Major equipment (servers, switches, panels, etc.) dimensioned and drawn to scale into the space allotted. 2. Any required electric load estimates 3. Location of security cameras, card readers, control equipment and panels indicated on plans. Including any adjacent power receptacles and/or supplies that might be required. 4. Preliminary fixture schedules vii. Audio/Visual 1. Major equipment (servers, recorders, switches, amplifiers, 28 panels, etc.) 2. Any required electric load estimates 3. Location of projection screens, black out shades, projectors, speakers, outlets, panels, etc. Indicated on the plans. Including any adjacent power receptacles and/or supplies that might be required. 4. Preliminary fixture schedules. viii. Voice and Data 1. Major equipment (devices, servers, switches, panels, etc.) 2. Location of (devices, phone outlets, data outlets, etc.) indicated on plans. 3. Preliminary fixture schedule ix. Fire Protection 1. Provide flow test information 2. Provide narrative of proposed fire protection system. x. Sustainabilitv/LEED 1. Provide LEED Score Sheet Itemizing anticipated LEED points and team responsibilities. f. Documents not complying with Subparagraph 3.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. g. The Architect shall provide electronic images (in pdf format) at each phase of the design for use by Augusta Georgia on their website. h. The Architect shall provide in-progress design images, at each phase of the design, mounted on presentation boards for display in the Main Lobby of the existing Municipal Building. i. The Owner will be utilizing a Construction Manager at Risk to provide pre- construction services during the Design Phase. The Construction Manager along with the Owner's Representative will be conducting design, constructability and coordination reviews at each phase of the design according to the following schedule: Review SD DD 60% CD 95% and 100 % CD Desi n X X X X Constructabilit X X Coordination X x Design reviews will focus on the following: • Completeness as applicable, • Compliance with Program requirements, • Compliance with the Owner's design criteria and budget, • Compliance with Applicable Codes and laws. Constructability Reviews will focus on the following: • Value, 29 • Sequencing of construction, • Duration of construction of various building methods, • Constructability. Coordination reviews will focus on the following: • Coordination by the Design Consultant of the various disciplines, including architectural, structural, mechanical, electrical and plumbing. No later than five days prior to the DD Review Meeting, the Architect will submit the Design Development Documents to the CM at Risk and the Owner's Representative. Comments from the reviews done by the CM at Risk and the Owner's Representative will be discussed at the Design Development Review meeting. The architect will be required to provide a detailed response to each review item no later than five (5) days following the Design Development Review meeting. Vague responses such as "will comply" are not acceptable. 4. Construction Documents Phase. a. Upon written authorization from the Owner to proceed, the Architect shall prepare from the approved Design Development 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 CM at Risk contract for construction is anticipated for the project. 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 exterior and 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 provide the Owner's Representative periodically with 30 copies of in-progress Construction Documents during this phase. Additionally, the Architect shall submit for approval by the Owner six (6) sets of preliminary Construction Documents at the stage of 60% completeness and at the stage of 100% completeness along—with a written report for each stage. The report shall incorporate the status of the work and a summary of programmed versus actual square footage in a format defined by the Owner by room or area. The Architect shall submit an estimate and breakdown of the Construction Contract Award Price (CCAP) no later than five (5) business days in advance of the scheduled 60% and 100% CD review meetings. The Architect shall prepare such estimates in the form prescribed by the Owner to assure itself that the project costs are within the CCAP. The documents for the 60% and 100% Construction Document submittal shall, at a minimum, satisfy all of the requirements of the Design Development 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 5. Energy data 6. Accessibility summary 7. U.L. details ii. Civil / Landscapinq 1. Copy of the Site Survey 2. Site plan satisfactory for site plan approval 3. Site demolition plan 4. Staking plan 5. Erosion control plan 6. Grading plan 7. Site utility plan 8. Storm drainage plan, details and schedule 9. Paving plans and details 10. Landscaping plans and details, plant schedule iii. Architectural 1. Demolition plans 2. Key plans with final room numbers as approved by Augusta Georgia 3. Critical sections and details identified and drawn 4. Roof plan with all penetrations 5. Kitchen layout and equipment schedule 6. Exterior elevations with control joints located 7. Enlarged toilet room layout with all fixtures and dimensions 8. Toilet room elevations 9. Reflected ceiling plan with all fixtures located and ceiling height identified 10. Bulkhead and lintel details 11. Finish plan and schedule 12. Door and hardware schedule, elevations, and head and jamb details 13. Masonry details 31 14. Roof details 15. Stair details 16. Elevator sections and details if applicable 17. Furniture layout 18. Casework elevations iv. Structural 1. Demolition plans 2. Footing plans and details 3. Reinforcing steel plans 4. Structural steel plans v. Plumbinq 1. Demolition plan 2. Fixture schedule 3. Plumbing plans 4. Enlarged toilet room plans 5. Riser diagrams for waste and vent, water, storm drainage, and gas 6. Plumbing site plan 7. 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. Schematic control diagrams 6. Mechanical details vii. Electrical 1. Demolition plan 2. Fixture schedule 3. Electrical site plan 4. Power plan with panels located and identified 5. Lighting plan 6. Complete plans for auxiliary systems including but not limited to, fire alarm, voice/data, intercom, Audio/Video, and security 7. Riser diagrams for all systems 8. Panel schedule viii. Securi 1. Complete Security plan with all equipment (devices, servers, switches, etc.) located and identified. 2. Riser diagrams 3. Fixture and panel schedule ix. Audio/Visual 1. Complete Audio/Visual plan with all equipment (projectors, screens, speakers, amplifiers, jack, etc.) located and identified. 2. Riser diagrams 3. Fixture and panel schedule x. Voice and Data 1. Complete Voice and Data plan with all equipment (phones, devices, servers, switches, panels, cabling, etc.) located and identified. 2. Riser diagrams 32 3. Fixture and panel schedule xi. Fire Protection 1. Demolition plan 2. Fire protection plan with location of all hose and valve cabinets identified 3. Preliminary fire protection performance based design. xii. Sustainabilitv/LEED 1. Update LEED Score Sheet. 2. Document LEED point items per USGBC requirements. 3. Incorporate LEED requirements in Construction Documents. 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. The Owner will be utilizing a Construction Manager at Risk to provide pre- construction services during the Design Phase. The Construction Manager along with the Owner's Representative will be conducting design, constructability and coordination reviews at each phase of the design according to the following schedule: Review SD DD 60% CD 95% and 100 % CD Desi n X X X X Constructabilit X X Coordination X x Design reviews will focus on the following: • Completeness as applicable, • Compliance with Program requirements, • Compliance with the Owner's design criteria and budget, • Compliance with Applicable Codes and laws. Constructability Reviews will focus on the following: • Value, � Sequencing of construction, • Duration of construction of various building methods, • Constructability. Coordination reviews will focus on the following: • Coordination by the Design Consultant of the various disciplines, including architectural, structural, mechanical, electrical and plumbing. j. No later than five days prior to the 60% Complete Review Meeting, the Architect will submit the 60% Complete Documents to the CM at Risk and the Owner's Representative. Comments from the reviews done by the CM at Risk and the Owner's Representative will be discussed at the 60% Complete Design Review meeting. The architect will be required to provide a detailed response to each review item no later than five (5) 33 days following the 60% Complete Design Review meeting. Vague responses such as "will comply" are not acceptable. k. 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. I. 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. m. The Architect shall provide necessary information for the CM at Risk 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. n. 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. o. The Owner will be utilizing a Construction Manager at Risk to provide pre- construction services during the Design Phase. The Construction Manager along with the Owner's Representative will be conducting design, constructability and coordination reviews at each phase of the design according to the following schedule: Review SD DD 60% CD 95% and 100%CD Desi n X X X X Constructabilit X X Coordination X x Design reviews will focus on the following: • Completeness as applicable, • Compliance with Program requirements, • Compliance with the Owner's design criteria and budget, • Compliance with Applicable Codes and laws. Constructability Reviews will focus on the following: 34 • Value, • Sequencing of construction, • Duration of construction of various building methods, • Constructability. Coordination reviews will focus on the following: • Coordination by the Design Consultant of the various disciplines, including architectural, structural, mechanical, electrical and plumbing. p. No later than five days prior to the 100% Complete Review Meeting, the Architect will submit the 100% Complete Documents to the CM at Risk and the Owner's Representative. Comments from the reviews done by the CM at Risk and the Owner's Representative will be discussed at the 100% Complete Design Review meeting. The architect will be required to provide a detailed response to each review item no later than five (5) days following the 100% Complete Design Review meeting. Vague responses such as "will comply" are not acceptable. q. 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. r. The Architect shall submit with the final Construction Document package, meeting minutes, etc. to show how review comments made in Design Development have been addressed. It should be clear from the notes if the specific item was incorporated into the Construction Document submittal or not (with an explanation). s. The Architect shall provide electronic images (in pdf format) at each phase of the design for use by Augusta Georgia on their website. t. The Architect shall provide in-progress design images, at each phase of the design, mounted on presentation boards for display in the Main Lobby of the existing Municipal Building. 5. Permittinq and Bidding/Neqotiation 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 the CM at Risk to expedite and obtain all necessary permits, licenses and approvals, including paying any associated fees or assessments, required for the construction, use or 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. 35 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 reviewing the CM at Risk's 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, it's 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. 6. 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 to the CM at Risk 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 by the CM at Risk for various portions of the work. c. The Owner's Representative shall require the CM at Risk to prepare a 36 submittal schedule stating when the CM at Risk proposes to provide submittals to the Architect. The Architect will review and together with the CM at Risk agree upon a final submittal schedule. The Architect shall review and approve shop drawings, samples, and other submissions of CM at Risk as well as the Work performed by the CM at Risk for conformance with the design concept of the Project and for compliance with the Contract Documents. The Architect shall prepare one final color board for the use of the Owner and one to be kept on the jobsite containing the Owner approved submittal samples. 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 builY' submittal and approval drawings, and to the CM at Risk 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 37 requested change. 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 38 Documents. If the Architect observes any work that does not conform to 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. 39 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 CM at Risk, Subcontractor's, or material and equipment suppliers. w. The CM at Risk shall obtain governing agency occupancy approval if any exceptions arise related to the design or specified materials. 7. Final Completion of Design Services Phase. a. When the CM at Risk notifies the Architect that the Work is substantially complete and provides the Architect with the CM'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 CM 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. 40 e. The Architect and its consultants shall conduct at least finro (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 CM at Risk 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. 8. 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 ArchitecYs responsibilities 41 pursuant to this Agreement. 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. 9. 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 Program of 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 is the Program of Requirements which defines the physical and environmental parameters for the Project and establishes the design 42 objectives and criteria. No deviations from the Program of Requirements shall be allowed without written approval for change, in the form of a Design Phase Change Order executed by the Owner and Architect. e. Incorporated herein and made a part of this Agreement by reference as Exhibit C the Schedule for the Project which defines the sequence and timing of the design and construction activities. No deviation from the 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. 10. 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 Sessions. 3. Design conferences. 4. Public Presentations — The Architect shall prepare for and participate in up to six (6) public presentations to the Augusta, Georgia Commission, at public information meetings, and/or the Owners designated liaison team. 5. Pre-bid conference for the bid package. 6. Preconstruction conference for the bid package. 7. Construction progress meetings. 8. 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. 11. Not Used. 12. Construction Warrantv. a. The Architect and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies. 43 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. 13. 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. Furniture Fixtures and Equipment, Interior Design, Traffic/Parking, Civil Engineer/Landscape, Acoustical/Audio Visual, Food Service, Exterior and Public Lighting, Telecommunications, Graphics/Signage, Security, Structural, Electrical, Plumbing, Fire Protection, and Mechanical costs are included in the Architect's fee. The results of the Conceptual Study Period may alter this listing of consultants. c. The Architect is to provide the Owner with all final drawings on computer disk. The current version of AutoCAD is preferred, or scanned onto magnetic media that can be accessed by the current version of AutoCAD. d. The Architect is to provide the Owner with 11" X 17" prints of the final site plan/grading plan, staking plan, and overall floor plan. e. The Architect is to file and review all plans with the applicable Building Department, Development Department, Augusta Georgia lnspections 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". i. The Owner intends to use a Construction Manager at Risk to procure construction services for this Project. The Architect should anticipate preparing a minimum of three (3) Early Award Packages prior to completion of the Final Construction Documents. The Early Award Packages (if needed) will be determined in meetings with the Owner Construction Manager at Risk and the Architect. 44 14. Leadershi in Ener and Environmental Desi n LEED : a. The design and construction of this Project shall integrate building materials and methods that promote environmental quality, economic vitality, and social benefit through the construction and operation of the built environment. The Project goal shall be to meet at a minimum the LEEDT"" certified rating (LEEDT"' Certified for buildings that earn between 40 and 49 of the available points). The intent of the project is to create an environment of a high level of operational efficiency, as well as comfort and support for building tenants and visitors. b. The Architect shall define and develop design requirements for the project that include sustainable planning and design concepts, as defined by the U.S. Green Building Council's LEED Program, covering items such as: i. Building design analysis and building performance as it relates to energy use, sustainability concepts, and productivity of the interior environment; ii. Energy use effectiveness including natural convection in HVAC, natural lighting and water use / recycling / integration; iii. Development of integrated systems for environmentally responsible architecture. c. The Architect shall develop all necessary documentation for the level of certification sought by the Owner and shall assist with submission to the U.S. Green Building Council. It is understood, however, that LEED certification is a subjective interpretation that depends, in addition to the design elements, on the intended use of the project. Accordingly, the Architect cannot guarantee that the project will achieve a particular LEED certification, as certain relevant criteria are beyond the Architect's ability to control. d. The LEED-NC Version 3.0 is applicable to this project. e. The Owner shall provide LEED commissioning services for LEED certification. 15. Not Used 45 Exhibit C Schedule The Project Schedule for both Design and Construction will be determined during the Project kickoff meetings and will be added to this contract as Exhibit "C". 47 _ _ Exhibit D Insurance Insurance Requirements 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 • Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) • Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations) • 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 both contractual and employee exclusions) • Incidental Medical Malpractice • Hostile Fire Pollution Wording 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 $1,000,000 per occurrence / $2,000,000 per aggregate. • Insurance company must be authorized to do business in the State of Georgia • Dedicated Limits per Project site or Location (CG 25 03 or CG 25 04 or some other form) 5. The Owner, 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, Georgia 30901. 48 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 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 project/bid 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. 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 the Owner as to form and content has been filed with the city. The Acord 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 shall agree to waive all rights of subrogation against Augusta, Georgia, as well as, its officers, officials, employees, Owner's Representatives and volunteers from losses arising from work performed by the Architect for the Municipal Building Renovations and Modernization. 14. The Architect shall make available to the Owner, through its records or records of their Insurer, information regarding a specific claim. 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 49 Contract. 16. The Architect and their ConsultanYs and Subconsultant's are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract. 17. The Architect shall at a minimum apply risk management practices accepted by the contractor's industry. 18. Evidence of such insurance shall be furnished to the Owner, and the Owner shall receive sixty (60) 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. 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 befinreen 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 or any of its agents, had the required insurance or insurance coverage been in force. Said recovery shall include, but is not limited to interest for the loss of use of such amounts of money, plus all attorney's fees, costs and expenses incurred in securing such determination and any other consequential damages arising out of the failure of the Architect or insurance company to comply with the provisions of the Contract Documents, or any policy required hereby, or any other requirements regarding insurance imposed by law. Nothing herein shall limit any damages for which the Architect is responsible as a matter of law. 50 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. 51 Exhibit E Asbestos — Statement of Declaration ASBESTOS STATEMENT OF DECLARATION Augusta, Geors�ia Municipal Buildinq Facility This statement is to certify that I have not specified any asbestos containing materials and/or products in the preparation and/or the construction of the referenced structure. Furthermore, I certify to the best of my knowledge, no asbestos containing materials have been used in the construction of the structure or facility. RESPONSIBLE PARTIES: Architect Signature Date Owner Signature Date 52 Exhibit F Non Collusion Affidavit NON COLLUSION AFFIDAVIT Date: Project: Municipal Building Renovations and Modernization Project #: 10-173 Project Renovations and Modernization of the existing approx. 120,800 s.f, 9 Descri tion: sto Au usta, Geor ia Munici al Buildin . Services Architeatural and Engineering Design and Contract Administration Provided: Services State of: Geor ia Count of: Richmond I, being first duly sworn, deposes and says that he/she is Select From List 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 the , 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. Architect: Virgo Gambill Architects (Signature) (Seal) 53