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HomeMy WebLinkAboutTUNNELL-SPANGLER-WALSH & ASSOCIATED FOR FOLLOING PROJECT AUGUSTA SUSTAINABLE DEVELOPMENT IMPLEMENTATION PROGRAMInit. - = Document B101 TM — 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 27 day of June in the year 2012 (In words, indicate day, month and year.) BETWEEN (From this point forward Architect is replaced by Landscape Architect) the Architect's cl ient identified as the Owner: (Name, legal status, address and other information) The City of Augusta 530 Greene Street Augusta, Georgia 30901 and the Architect: (Name, legal status, address and other information) Tunnels- Spangler -Walsh & Associates 1389 Peachtree Street, NE Suite 200 Atlanta, Georgia 30309 for the following Project: (Name, location and detailed description) Augusta Sustainable Development Implementation Program City Of Augusta 15' Street / Augusta Way See Exhibit A for limits of wort: The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added Information needed for Its completton. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101"" — 2007 (formerly 1:1161n•— 1987). Copyright C 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1 he document was produced by ALA software a! 14:04:26 on 06/27/2012 under Order No.3948219903_1 which expires on 06/26/201 end is not fcr resale User Notes: (830032505) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBIUTIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBIUTIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit B, Initial Information: (Complete Exhibit B„ Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method and other information relevant to the Project.) § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: See notice to Proceed .2 Substantial Completion date: § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBIUTIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. Init. AIA Document 8101 TM - 2007 (formerly B151."' — 1997). Copyright O 1974, 1978. 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: phis AIA" Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA' OocI mel t, any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law T has document was produced by AIA software at 14;04:25 on 06/27/2012 under Order No.3948219903_1 which expires on 06/26/2013, and is not for resale. User Notes: (830032505) !nit § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shalt reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability See certificates for limit of insurance .2 Automobile Liability n/a/ .3 Workers' Compensation n/a .4 Professional Liability $1,000,000 Limit and $10,000 deductible ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and Exhibit B.. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. AIA Document 13101T" - 2007 (formerly B151 ^' - 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WAR NNG: This AIA Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Alit' Docur' ent, or any portion of it, may result in severe cwil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14.04:26 on 06/272012 under Order No,3948219903_1 which emeires on 06/2612013, and is ao' for resale User Notes: (830032505) Init. § 3.t5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. AI* Document 13101T" — 2007 Sforrrreriy B151"' — 1997). Copyright C 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AJA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by ALA software at 14:64:26 on 06727/2012 under Order No.3948219903_1 which expires on 06/26/2013, and Is not for resale. User Notes: (830032505) )nit. AIA Document 13101. 2007 (formerly B161'M — 1997). Copyright 01974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This MA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Dock- melt, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 'T his document was produced by AIA software at 14:04:26 on 06/27/2012 under Coder No.3948219903_1 which expires on 06126/2013, and is not for resale. User Notes: (830032505) Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Programming Not Provided § 4.1.2 Multiple preliminary designs Architect Section 4.2 § 4.1.3 M easured drawings Not Provided § 4.1.4 Existing facilities surveys Architect Section 4.2 § 4.1.5 Site Evaluation and Planning (B203TM -2007) Architect Section 4.2 § 4.1.6 Building information modeling Not Provided § 4.1.7 Civil engineering Architect Section 4.2 § 4.1.8 Landscape design Architect Section 4.2 § 4.1.9 Architectural Interior Design (B252TM -2007) Not Provided § 4.1.10 Value Analysis (B204TM -2007) Not Provided § 4.1.11 Detailed cost estimating Architect Section 4.2 § 4.1.12 On -site project representation Not Provided § 4.1.13 Conformed construction documents Not Provided i 4.1.14 As- Designed Record drawings Architect Section 4.2 j 4.1.15 As- Constructed Record drawings Not Provided § 4.1.16 Post occupancy evaluation , Not Provided § 4.1.17 Facility Support Services (B210T Not Provided § 4.1.18 Tenant - related services Not Provided § 4.1.19 Coordination of Owner's consultants Not Provided § 4.1.20 Telecommunications /data design Not Provided § 4.1.21 Security Evaluation and Planning (B206TM— 2007) Not Provided § 4.1.22 Commissioning (B211TM -2007) Not Provided J 4.1.23 Extensive environmentally responsible design Not Provided . Architect Section 42 J 4.124 LE ED'' Certification (B2I4TM 2007) § 4.1.25 Fast -track design services Not Provided § 4.1.26 Historic Preservation (B205TM -2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design (8253TM_2007) Not Provided Init. ! (Paragraphs deleted) ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identifr the exhibit.) AIA Document 6101"- 2007 (formerly 13161"' - 1997). Copyright o 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :04:2e on 06127/2012 under Order No. 3948219903_1 which expires on 06126/201 and is not for resale Ussr Notes: i$30032506) Init. § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. Multiple preliminary designs outside of Exhibit BExisting facilities surveys outside of Exhibit B Site Evaluation and Planning outside of Exhibit B Civil Engineering outside of Exhibit B Landscape Design outside of Exhibit B Detailed cost estimating outside of Exhibit B As- Designed Record drawings are able to be provided LEED Certification (B214T" -2007) are able to be provided § 4,3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. AIA Document 8101 TM — 2007 Stonnedy B151' — 1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AJI rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 14:04:28 on 0627/2012 under Order No 3948219903_1 which espires on 08128/201 3, and is not for resale. User Notes: (830032505) Init. (Paragraphs deleted) ARTICLE 5 OWNER'S RESPONSIBIUTIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, induding a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability. special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. (Paragraph deleted) § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall fumish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. AIA Document 6101 — 2007 (formerly I3161"' — 1997). Copyright O 1974, 1978, 1987, 1997 end 2007 by The American Institute of Architects. NI rights reserved. WARNING' This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AiA" Document, or any portion or it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible u=nder the law. T he document was produced by AIA software at 14:04:26 on 06/27/2012 under Order No.3948219903_ 1 which expires on 06/26/2013, and is not for resale User Notes: (830032505) Inil. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all dements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way. financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project: and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. Ifthe Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost ofthe Work, and the Owner shall cooperate with the Architect in making such adjustments. (Paragraphs deleted) § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of AIA Document B101"— 2007 (formerly 8161 "" — 1997). Copyright 0 1974, 1978, 1987. 1997 and 2007 by TM American Institute of Architects. All rights reserved. WAR N ±NG: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA DOCUrr+ent, or any portion of it, may result in seven civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. T h+s document was produced by AIA software at 14:04:26 an 0617 /2012 under Order No.3948219903 which expires on 0626/2013 and is not for resale. User Notes (830032505) Init. Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim. dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. AIA. Document 8101 "— 2007 (formerly 13161n• - 1997). Copyright © 1974. 1978, 1987. 1997 and 2007 by The American Institute 01 Architects. A11 rights reserved. WARNING This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Docurr,eni 01 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:04:26 on 0527/2012 under Order No.3948219903_1 which expires on 06/26/201 and s not for may User Notes: (630032505) Init / § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. if an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate bat if the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ X ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof, § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party. at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation: (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). AIA Document E1101"• — 2007 tfom»rly B161' — 1997). Copyright° 1974, 1978, 1987, 1997 and 2007 by The American Instituted Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :04:26 on 0612712012 under Order No.3948219902_1 which expires on 08/26/2013, and is not for resale. User Notes: (930032505) Ink. § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption ofthe Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9,6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201 -2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the MA Document 8101• — 2007 fonnerty 9151 "' — 1997). Copyright ® 1974. 1978. 1987. 1997 and 2007 by The American Institute or Architects. AN rights reserved. WAR h1NG This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA Docurnen., or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibie under the law. This document was produced by AIA software at 14 :04:26 on 06/27/2012 under Order No.3948219903_1 which expires on 06/2812013. and is not for resale. User Notes: (530032505) Unit written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: 1 § 11.5 below § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) 1 As mutually agreed upon. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation) I As mutually agreed upon § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus n/a percent (n /a %), or as otherwise stated below: AIA Document B101'• — 2007 ifornerly 13151" — 1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Instituted Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Docurm .ant, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum ext.M possible under the law. This document was produced by AIA software at 14:04:26 on 06127/2012 under Order No.3948219903_1 which expires on 06/26/2013, and is not for resale. User Notes: (830032505) Init. § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) rila Initiative #1 Three hundred forty five thousand 5345,000 Initiative # 2 Four hundred fourty four thousand $440,000 Initiative #3 One hundred sixty six thousand 5166.000 Initiative #4 One hundred fourteen thousand 5114,000 Total Basic one million sixty five thousand $1,065,000 Compensation Employee or Category Rate § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project- related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants of the expenses incurred not to exceed $75,000. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: NA Document B101 T " • 2007 ifomndy 61St rr — 1997). Copyright C 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe evil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, 7 his document was produced by AIA software al 14:04.26 on 06127/2012 under Order No.3948219903_1 which expires on 06/2612013, and is not for resale. User Notes: (830032505) Init. § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of Fifty thousand ($ 50,000) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid (90 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 5 % § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: 1 Subgrantees and contractors are beholden to the same rules that the City of Augusta has agreed to. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations. representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document BI OITM -2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201T' Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) Exhibit A (Study Area) Exhibit B (Scope of Services) Exhibit C (Public Involvement Meeting List) Exhibit D (Project Schedule) This Agreement entered into as of the day and year first written above. OWNER c A ° HITECT �� ! � --- __ '\ 1. (Signature) (Signature) PR"SD ,S . Gv(' u M-'l Yd Adam Williamson Principal (Printed name and title) (Printed name and tide) MA Document BI 01 "' — 2007 (formerly B181^ — 1807). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All eights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of th :s AIA Document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 14:04:28 on 00/27t2012 under Order No.3948219903_1 which expires on 06/28/2013. and is not for recce e User Notes: (830032505) MVO Risk Area: PGC Federal Project Number: TDGII -P -24 State Project Number: 31 State Contract Number: Not Awarded Observation: Exhibit A -1, paragraph 7 of the Grant Agreement requires the Recipient to file an annual summary of any complaints filed against the city concerning alleged violations of Title VI of the Civil Rights Act of 1964 or Section 504 of the Rehabilitation Act of 1973, as amended. If no complaints have been filed, the Recipient is required to submit a statement that there have been no complaints filed against it. The Recipient has not yet submitted this information for calendar year 2011. Recommendation: The Recipient should provide this information to its Agreement Officer Technical Representative (AOTR) for the preceeding year and develop a plan to provide this required information on an annual basis throughout the life of this grant. Compliance Issue: Y Risk Area: PGC Federal Project Number: TDGII - P - 24 State Project Number: 31 State Contract Number: Not Awarded Observation: Exhibit C of the Grant Agreement requires the Recipient to provide the Department a plan for incorporating DBE best practices into its implementation of the grant within 30 days following execution of the cooperative agreement. If the recipient is not able to substantially incorporate DBE into its implementation of the Grant, the recipient agrees to provide the Department with a written explanation and an alternative program for ensuring the nondiscriminatory use of contractors owned and controlled by socially and economically disadvantaged individuals. The City did not provide this information /plan to the Department. Recommendation: The Recipient should provide the AOTR information how it has or plans to incorporate DBE best practices into it's the work being conducted for this grant. Compliance Issue: Y Risk Area: PGC Federal Project Number: TDGII - P - 24 State Project Number: 31 State Contract Number: Not Awarded American Recovery & Reinvestment Act (Recovery Act) NATIONAL REVIEW TEAM CLOSE -OUT REPORT 13 - Georgia PGC GA20120508 05/08/2012 PROD iREV TDGII -P -24 George Jones, Anne Luedders, Mike Herron VA. Page 1 of 3 Observation: Section 1C, Paragraph 13 in the General Terms and Conditions of the Grant Agreement specifies that the Recipient agrees to fulfill a special condition to address the findings and take the necessary and required corrective actions from an audit report for the year ending December 31, 2009. It was unclear from the interviews conducted with the City staff whether or not this special condition has been completed. Recommendation: City Staff should ensure that the Recipient has complied with or is making appropriate progress on complying with the conditions of this special provision. Once the current status is determined, the Recipient should communicate this information to the Grant's AOTR. Compliance Issue: Risk Area: PGC Federal Project Number: TDGII -P -24 State Project Number: 31 State Contract Number: Not Awarded Observation: Section II.B (Award Information, Matching or Cost Sharing) of the agreement carries a matching requirement of at least 20% of total project costs. The recipient is providing cost sharing of $846,731. The agreement states that none of the matching amount will be as in -kind services. The City noted that they now intend to use in -kind services as part of the match. Recommendation: If the City intends to use in -kind services as part of the match, this should be reflected in an amendment to the agreement. The City should also assure that project records adequately document this (Section III.N, Award Information, Financial Management System). The Division should monitor this as part of the project monitoring (Section II.D, Award Information, Degree of Federal Involvement). Compliance Issue: Y One May 8, 2012 the Program Management Team conducted a review of the TIGER II project, TDGII -P -24, Sustainable Development Implementation plan in the city of Augusta, GA. The focus of the review was to determine compliance with requirements of the grant agreement. The review team consisted of George Jones, Anne Luedders and Mike Herron. The Division and the City appear to have an excellent working relationship due in large part to the active oversight by the Division representative, Andrew Edwards. The scope of the work was to provide transportation planning assistance to advance a sustainable development along a 4.5 mile corridor along highway 15. Four observations were noted during the review. These were Title VI reporting, DBE usage, reporting on audit findings, and cost sharing. All of these observations can be easily addressed by the recipient. There were several discussions with regard to documentation to encourage the recipient to make sure they would be ready for an audit in the future. The project appears to be in good shape and fairly well documented. Page 2 of 3 Page 3 of 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE A INSR I W VD POLICY NUMBER (MPOLICY / DY/YYYY) (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X INSURER B : AMERICAN ZURICH PPSO42540097 09/08/11 09/08/12 EACH OCCURRENCE $ 1,000,000 DAMAGE M SES ( Ea a o oc S fED currence) PRE (c $ 1,000,000 INSURER F : CLAIMS -MADE X OCCUR MED EXP (My one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP /OP AGG $ 2,000,000 Emp Ben. $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS PPSO42540097 09/05/11 09/05/12 COMBINED SINGLE LIMI (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PPSO42540097 09/08/11 09/08/12 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 1 N - N / A WC004276293 09/05/11 09/05/12 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 C Professional Liab AEH265029695 09/05/11 09/05/12 Occurence 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is additional insured as required by written contract in accordance with policy terms, conditions, and exclusions AUGUSTA The City of Augusta 530 Greene Street Augusta, GA 30901 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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