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HomeMy WebLinkAboutTURNER ASSOCIATES SETTLEMENT AGREEMENT AND RELEASE (CHANGE ORDER #14)AUGUSTA CHANGE ORDER #14 JUDICIAL CENTER2013 -2 -14 SETTLEMENT AGREEMENT AND RELEASE- Turner2.pdf SE TTLE1i ENT AGREEM ENT AND RELEASE This document sets forth the terms and conditions of the Agreement and General Release (hereinafter "Agreement') by and between Tuner Associates and Planners, Inc_ (hereinafter "Tuner Associates" or `the Releasor ") and Augusta, Georgia (referred herein as "Releasee The term "Releasee " as used herein shall be defined as Augusta, Georgia, and all current and farmer commissioners., employees servants, agents, officials, insurers, and attorneys in their official and individual capacities together with their predecessors, successors and assigns, both jointly and severally_ In consideration of the mutual covenants and agreements set forth below, the parties agree as follows: RECITALS On or about November 20, 2007 Augusta , Georgia and Releasor executed an design services contract (contract B 141) wherein the parties agreed that Releasor would perform architectural and engineering work for the construction of a building known as the Augusta Judicial Center located at 735 James Brown Blvd_ in Augusta Georgia (Augusta Judicial Center ") _ Releasers claim that they performed additional services beyond the scope of this contract and that they are entitled to additional compensation as a result_ Augusta. Georgia, denies and continue s to deny any liability to Releasor for any claims of additional work, but desire to purchase their peace and to avoid the problem and expense of further litigation_ Releasor enter s into this Release in order to provide for certain payments in full final and complete settlement, satisfaction and discharge of any and all past, present or future claims which are or which might have been made by Releasor against Releasees . Releasor desire s to remise_ release, acquit and forever discharge Augusta_ Georgia, their respective past, present and future employees, partners, officers, directors, shareholders, principals, parents, direct or indirect subsidaries and subsidiaries thereof, affiliates, divisions agents, representatives, predecessors successors, insurers_ attorneys and assigns (collectively 'Releasees NOW THEREFORE Releaser agrees as follows: 1. RELEASE BY RELEASOR _ In consideration of the payment of Nnety Thousand Dollars (590 (the 'Payment "), Releasor has agreed to settle all claims against Augusta Georgia relating to the construction of the Augusta Judicial Center . Releasor does hereby fully finally, and completely remise, release, acquit and forever discharge the Releasee of and from any and all past, present or future claims, demands_ obligations, lawsuits, actions, causes of action, rights damages, costs, expenses and compensation of any kind or nature whatsoever, known or unknown_ foreseen or unforeseen_ direct or and rect fixed or contingent, whether based on a tort, contract or other theory of recovery, and regardless of the theory of damages which Releasor ever haci now have, or which may hereinafter accrue or otherwise be acquired on account of, or in any way growing out of, related to, or arising from, in any manner or fashion, to the construction of the Augusta Judicial Center. This release on the part of Releasor shall be a fully bincing and complete settlement between Releasor and Releasees_ 1 2/15/13 11:54 AM https: / /webmail.cbeyondonline. net /owa /WebRea ew. aspx? t= att& id_.. An3KAAAAattid0 =BAABAAAA &attcnt= 1 &pspida 1360947182843_215027327 Page 1 of 2 2013- 2- 14.SEfTLEMENT AGREEMENT AND RELEASE- Tumer2.pdf Releasor expressl y agrees that the contract executed on or about November 20, 2007 between Augusta, Georgia and Releasor (contract B141) shall remain in full face and effect and agrees to execute afinal Change Order attached hereto as Exhibit A_ Releasor further agrees to the following requirements: (A) Turner Associates shall maintain insurance in the amounts stated in Article 1.23.8_ of the contract, in force for a period of three (3) years after completion of the project. (B) Turner Associates shall provide Augusta. Georgia with copies of CADD files reflecting the final design of the project (the "CADD files') for Augusta, Georgia's use in connection with its occupancy of the Project premises. Augusta. Georgia recognizes that the CADD files are furnished for the conven ience of Augusta and they do not supersede or replace information contained on the record hard copies of the Construction Documents as issued by the Architect. 2. SETTLEMENT NOT AN ADMISSION OF LL4BILITY_ Releasor agrees that this Release is the compromise of doubtful and disputed claims and that the Payment made is not to be construed as an admission of breach of contract, liability_ negligence, willful and wanton conduct or fault of any kind whatsoever by Releasees, nor the validity of any claim to damag es, but is to be construed as a compromise and settlement of all issues for purposes of avoiding controversy, litigation and expense_ Releasor further agree s that all claims or allegations of breach of contract fault, liability, negligence, and legal responsibility have been and are denied by Releasees. 3. LNDEMMFICATION BY RELEASORS . Releasor, in consideration of the promises set forth herein, the receipt and sufficiency of which is hereby acknowleced, hereby agree s to defend indemnify and hold harmless Releasees against any and all claims, demands, and causes of action, includng but not limited to claims for contribution and indemnity, based upon allegations of negligence, strict liability or any other allegation of fault by Releasees that are asserted by any person or entity that the Releasor may make a claim against on account o£ based upon. relating to or arising out of the claims of Releasor _ 4. ATTORNEY'S FEES .AND COURT COSTS . As between Releases and Releasees, each party shall bear its own attorneys fees and expenses and costs incurred in connection with the claims of Releasor, this Release and the matters and documents referred to herein. 5. RELEASORS' REPRESENTATIONS AND WARRANTIES _ In return for the foregoing consideration, the Releasor hereby warrant s and represent s that they are the sole owners of any claims, rights, counts, causes of action obligations and demands released by the Releasor pursuant to this Release and which are in fact released by the Releases pursuant to this Release and that no other persons or entities have any interest in any claims, rights counts, causes of action, obligations or demands which the Releasor release s pursuant to this Release and further covenant that they have not assigned any claims they may have against the Releasees to any person or entity. 2/15/13 11:58 AM https: / /webmaiLcbeyondonline. net / owe / aft& id... AnJKAA AKattid0 =BAABAAAA&attcnt =1 &pspid =_1360947490799_769872841 Page 1 of 2 2613 -2 -14 SETTLEMENT AGREEMENT AND RELEASE- Turner2.pdf 6. EXTCUTION . Releasor represent and warrant that the person executing this Agreement is duly authorized to do so that this Agreement constitutes avalid and bindng obligation and that it is authorized to ac t on behaf of all persons or entities described in this Release's definition of Releasor concerning all matters addressed in this Agreement. 7. SUCCESSORS . This Release shall be binding upon and inure to the benefit et Parties and their respective successors and assigns. 8. ENTIRE AGREEMENT _ Releasor hereby agrees and represents that no promise or agreement not herein expressed has been made to them, and that this Release contains the entire understanding of the Releasor regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital_ SIGNATURES ON FOLLOW LNG PAGE 2/15/13 11:58 AM htt / / net/ owa/ WebReadyView. aspx? t= att& id... AojKAAAMtattid0 =8AA8AAAA &attcnt= l &pspidffi 1360947490799_769872841 Page 1 of 2 2013 -2 -14 SETTLEMENT AGREEMENT AND RELEASE- Tumer2.pdf LN AGREEI ENT HERETO, the Releases and the below representative of Augusta, Georgia set their hanxl and seal. Witness Sworn w and subscribed Before ne, a Notary Public This I day of February 2013. I JCfc r i . 60(I Notary Public My Commission Expires: Sworn to and subscribed Before me. a Notary Public This XI. of February 2013. 2/21/13 Attest: ssociatesfArch car L. Harris As Its: founder & CEO Rd ease ♦ %%0'0 E 1 L e _ % " , 7 :0081 .. ........ 0 pT 'S =nil " W e U BI. �G ,m� j MBEF► 6 p ly , �� Augusta, Georgia David S. Copenhaver , Maya L /2i ? 7 i k. Cleric of Commission /u/-kucr I J. //0211.2.5' and Planners. Inc. 2/15/13 11 :58 AM Notary Public Z ,. Commission Expires: j , Z 1 7-K, �.��Nliittg o 'OUBL.\G 4 Olt IWO' https : / /webmaiLcbeyondonline. net / owes/ WebReadyView. aspx? t= att& M... AWKAAAAattido= BAABAAAA &attcnt= 1&pspid =_1360947490799 769872841 Page 1 of 2 ; � lf ellEtlS Augusta Change Richmond Coun �`I Judicial Center Order to Contract Change Order # 14 Project No., ARC.JC Date of Change Orde February 11. 2013 Architect: Turner Associates 3350 Riverwood Parkway - Suite 1900 Atlanta, GA 30339 Project Description: Design Services for the Augusta- Richmond County Judicial Center Description of Reduce Unused Expense Allowance to Close -Out the Contract Change to the Scope of Work_ Contract Amount: Onginal Contract Amount 54,501,300.00 Previous Change Orders 5508,139.00 Previous Contract Amount $5,009,439.00 Amount of this Change Order (550,937.97) Current Contract Amount 54.958,501.03 All terms and conditions of the Contract Agreement between the Owner and the Architect apply to this Change Order Signatures: .-Atgrreod to by Architect. ei_.. .1. Is , R,10 • s.+: r L. Harris MOW Date Founder & CEO Recommended for Acceptance by Aug to Georgia ( ot/.2./ //.3 r enck L. Russell Date dminstrator Agreed to by Augusta Georgia: LO: v6 (---- 2, ( 2.-- 1 ( ( _,z 4 Deke Copenhaver Date Mayor 2013 -2 -14. SETTLEMENT AGREEMENT AND RELEASE- Turner2.pdf EXHIBIT 2115/13 11:59 AM https: / /webmaiLcbeyondonline. net/ owa/ webReadyview. aspx? t= att& id._. AWKAAA t&attid0 =BAABAAAA&attcnt= 1 &pspid _1360947490799_769872841 Page 1 of 2 2013 -2 -14 SETTLEMENT AGREEMENT AND RELEASE- Turner2.pdf Turner Associates Contract FeeiExpense Log Breakdown Expense Amendments Turner Associates Contract Total Labor Allowance To al Original Contract $ 5,501,300.00 5 4.151.300.00 $ 350,000.00 S 4,501.300,00 1 FF&E Design 5 118,800.00 $ 108,000.00 $ 10,800.00 $ 118,800. 2 NV design $ 58,102.00 $ 52,820 00 S 5,282 00 S 58,10200 3 Early Award Package 5 49,776.00 $ 45,248 00 S 4,528.00 $ 49,776.00 4 Signage and Graphics $ 39270 00 $ 35,700 00 5 3,570.00 $ 39,270 00 5 Audio Visual add services $ 10.862 00 $ 9,875.00 $ 987.00 $ 10,862.00 6 ©n -Site Rep $ 197,683.00 $ 197,683.00 $ - 5 197,683.00 7 Turner - Radio Design $ 4,950,00 5 4,950 00 $ 5 4,950.00 8 Tumer - Grand Jury Design $ 7 502 00 $ 6,820.00 $ 682.00 $ 7,502 00 9 Court Reporter $ 2,926 G0 $ 2,660 CO 5 266.00 $ 2,926.00 10 Magistrate Clerk S 3,113.00 5 2,830.00 $ 283.00 $ 3,11300 11 heanng Room $ 6,630.00 $ 6,630.00 $ - 5 6.630 CO 12 Library Window Revison 5 1,925. CO $ 1,750.00 $ 175 00 $ 1,925. CO 13 Security Revisions (Separate from IT) $ 6,600.00 $ 6,000.00 $ 600.00 $ 6,600 CO 14 Redo a Expense Alowance $ (50,937.97) $ - 5 ( 50 , 937 9 $ (50.937 97) $ 4,958,501.03 $ 4.632,266.00 S 326,235.03 $ 4.958,501.03 Paid to Date $ 4.602 894_11 5236,23503 $ 4.839.129.14 Balance S 29,37189 $ 90,000.00 S 119,371.89 Final Payment Due $ 29,371 89 $ 90,000.00 5 119,371.89 2/15113 11:59 AM hit / /webmaii.cbeyondonline. net / owe/ WebReadyVfew. aspx7t= att& id... AnJKAAAi& attid0 =BAABAAAA&attcnt =1 &pspid= 1360947490799_769872841 Page 1 of 2 Change Order # 14 Date of Change Ordei February 11, 2013 Project No.: ARC -JC Architect: Turner Associates 3350 Riverwood Parkway - Suite 1900 Atlanta, GA 30339 Project Description: Design Services for the Augusta- Richmond County Judicial Center Description of Reduce Unused Expense Allowance to Close -Out the Contract Change to the Scope of Work: Contract Amount: Original Contract Amount Previous Change Orders Previous Contract Amount Amount of this Change Order Current Contract Amount All terms and conditions of the Contract Agreement between the Owner and the Architect apply to this Change Order. $4,501,300.00 $508,139.00 $5,009,439.00 ($50,937.97) $4,958,501.03 Signatures: Agreed to by Architect: Oscar L. Harris Founder & CEO Recommended for Acceptance by Augusta Georgia Frederick L. Russell Date Adminstrator Agreed to by Augusta Georgia: Date Deke Copenhaver Date Mayor • Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Turner Associates Contract Original Contract FF &E Design NV design Early Award Package Signage and Graphics Audio Visual add services On -Site Rep Turner - Radio Design Turner - Grand Jury Design Court Reporter Magistrate Clerk Hearing Room Library Window Revision Security Revisions (Separate from Reduce Expense Allowance Turner Associates Contract Fee /Expense Log Total Labor $ 4,501,300.00 $ 4,151,300.00 $ 118,800.00 $ 108,000.00 $ 58,102.00 $ 52,820.00 $ 49,776.00 $ 45,248.00 $ 39,270.00 $ 35,700.00 $ 10,862.00 $ 9,875.00 $ 197,683.00 $ 197,683.00 $ 4,950.00 $ 4,950.00 $ 7,502.00 $ 6,820.00 $ 2,926.00 $ 2,660.00 $ 3,113.00 $ 2,830.00 $ 6,630.00 $ 6,630.00 $ 1,925.00 $ 1,750.00 IT) $ 6,600.00 $ 6,000.00 $ (50,937.97) $ - $ 4,958,501.03 $ 4,632,266.00 $ 326,235.03 $ 4,958,501.03 Paid to Date Balance Final Payment Due Breakdown Expense Allowance 350, 000.00 10, 800.00 5,282.00 4,528.00 3,570.00 987.00 682.00 266.00 283.00 175.00 600.00 (50,937.97) Total $ 4,501,300.00 $ 118,800.00 $ 58,102.00 $ 49,776.00 $ 39,270.00 $ 10, 862.00 $ 197,683.00 $ 4,950.00 $ 7,502.00 $ 2,926.00 $ 3,113.00 $ 6,630.00 $ 1,925.00 $ 6,600.00 $ (50,937.97) $ 4,602,894.11 $236,235.03 $ 4,839,129.14 $ 29,371.89 $ 90,000.00 $ 119,371.89 $ 29,371.89 $ 90,000.00 $ 119,371.89 As of: 2/11/2013 7:43 AM