HomeMy WebLinkAboutAgreement Between Owner and Architect
Augusta Richmond GA
DOCUMENT NAME: A9~ ~-l-\Neet'l O\N~Y ard
A rcYl \ -t--eut-
DOCUMENTTYPE: A3r~
YEAR: \~C\.~
BOX NUMBER: 5'
FILE NUMBER: l ~, 00,
NUMBER OF PAGES: 2~
THE
A MER
CAN
INSTITUTE
o F
ARC HIT E C T S
AlA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
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THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTATION WITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFlCA TION.
AGREEMENT
made as of the 20th
Nineteen Hundred and Ni nety-Ei ght
BETWEEN ::he Owner:
(Name and addre::s) Augusta, Georgia
530 Greene Street
Augusta, GA 30911
clay of
January
in the year of
and the Architect:
(Name and 'addre::s)
\
Nicholas Dickinson & Associates, P.C.
306 Sixth Street
Augusta, GA 30901
For the following Project:
(Include detailed r.fescription of Project, location, address and scope)
SE ATTACHMENT IIAII ENTITLED PROJECT DESCRIPTION WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN.
The Owner and Architect agree as set forth below.
Copyright] 9] 7, 1926, 1948, ] 951, ] 953, ]958, ] 961, 1963, 1966, 1967, 1970, 1974, 1977, @1987 by The American Institute
of Archit.:cts, ]735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial
quotatior of its provisions without written permission of the A]A violates the copyright laws of the United States and will be
subject to legal prosecution.
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' A1A~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C 20006
8141-1987 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
,.4. ....., .
~S AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHlirECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and Architect's
consultants as eJlumerated in Articles 2 and 3 of this Agreement
and any other ~ervices included in Article 12.
1.1.2 The Architect's services shall be performed as expedi-
tiously as is cor..sistent with professional skill and care and the
orderly progres:; of the Work. Upon request of the Owner, the
Architect shall submit for the Owner's approval a schedule for
the performance of the Architect's services which may be
adjusted as the Project proceeds, and shall include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner st.aL1 not, except for reasonable cause, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2
SCOPE OIF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.~: through 2.6 and any other services identified
in Article 12 as part of Basic Services, and include normal struc-
tural, mechanica. and electrical engineering services.
2.2 SCHEMJITIC DESIGN PHASE
2.2.1 The Archil:ect shall review the program furnished by the
Owner to ascertain the requirements of the Project and shall
arrive at a mutua:. understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's plOgram, schedule and construction budget
requirements, each in terms of the other, subject to the limita-
tions set forth in Subparagraph 5.2.1.
2.2.3 The Archi:ect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on .:he mutually agreed-upon program, schedule
and construction budget requirements, the Architect shall
prepare, for approval by the Owner, Schematic Design Docu-
ments consisting of drawings and other documents illustrating
the scale and relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current area, volume or
other unit costs.
2.3 DESIGN IDEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
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schedule or construction budget, the Architect shall prepare,
for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural, struc-
tural, mechanical and electrical systems, materials and such
other elements as may be appropriate. .
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifica-
tions setting forth in detail the requirements for the construc-
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information, bidding forms, the Condi-
tions of the Contract, and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost indi-
cated by changes in requirements or general market conditions.
2.4.4 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.
BIDDING OR NEGOTIATION PHASE
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2.5.1 The Architect, following the Owner's approval of e
Const tion Documents and of the latest preliminary es' ate
of Const tion Cost, shall assist the Owner in obtain. g bids
or negotiate proposals and assist in awarding and reparing
contracts for c nstmction.
.6
CONSTRU ON PHASE-ADMINIS RATION
OF THE CON RUCTION CONTR CT
.6.2 The Architect sh provide adminl ration of the Con-
ract for Construction set forth below an 'n the edition of
IA Document A20 , General Conditions of Contract for
'onstruction, cur nt as of the date of this Agree ent, unless
therwise proved in this Agreement.
.6.3 Dutie , responsibilities and limitations of authorit of the
rchitect all not be restricted, modified or extended WI out
ritten greement of the Owner and Architect with consen of
he ntractor, which consent shall not be unreasonab
eld.
AlA DOCUMENT 81'11 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA\!> . @1987
THE AMERICAN INSlITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006
B141-1987 2
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
6.4 The Architect shall be a representative of and shall advise
an consult with the Owner (1) during construction until fmal
pay ent to the Contractor is due, and (2) as an Additional Ser-
vice a the Owner's direction from time to time during the cor-
rection riod described in the Contract for Construction. The
Architect all have authority to act on behalf of the Owner
only to the tent provided in this Agreement unless otherwise
modified by w .tten instrument.
2.6.5 The Archite t shall visit the site at intervals appropriate
to the stage of con. ruction or as otherwise agreed by the
Owner and Architect writing to become generally familiar
with the progress and q .ty of the Work completed and to
determine in general if the rk is being performed in a man-
ner indicating that the Work w n completed will be in accor-
dance with the Contract Docum ts. However, the Architect
shall not be required to make exhau .ve or continuous on-site
inspections to check the quality or qu tity of the Work. On
the basis of on-site observations as an ar itect, the Architect
shall keep the Owner informed of the prog ss and quality of
the Work, and shall endeavor to guard the wner against
defects and deficiencies in the Work. (More tensive site
representation may be agreed to as an Additiona en'ice, as
described in Paragraph 3.2)
2.6.6 The Architect shall not have control over or char of
and shall not be responsible for construction means, metho
techniques, sequences or procedures, or for safety precaution
and progranls in connection with the Work, since these are
solely the Contractor's responsibility under the Contract for
Construction. The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the \Vork in accor-
dance with the Contract Documents. The :Ard'lTtCL't ;;h:rlhmt
h;!'V'C"t.'enlTcrl ~~1f"l::h;Irgeof-:lCt::5 C!rC71ni:55iC1l'l:'~ tln.-C"OTltld -
tor r- ::.t.llxQi=lt+actorl",..Of -th~~ Ol8t'+l~Gf-com~Q~~,-Gf-Gf . ~'f
QtheSEESP EC1ArrSr;-IPUiLATGtO~S ~k
2.6.7 The Architect shall at all times have access to
.J.' .~' '; :rwherever. it is in preparation or progress.
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2.6.8 Except as may otherwise be provided i the Contract
Documents or when direct communications ave been spe- .
cially authorized, the Owner and Contractor all communicate
through the Architect. Communications b and with the Archi-.
tect's consultants shall be through the chitect.'
lnSp ctions
2.6.9 Based on the Architect's t1I~ ";\tttms and evaluations of
the Contractor's Applications for ayment, the Architect shall.
review and certify the amounts ue the Contractor.
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2.6.10 The Architect's certi atio!). for payment shall consti-
lfflCS flle<(fttij~Wstion to th Owner, based on the Architect's
o!:7sd,'"aticrns at the site <u rovided in Subparagraph 2.6.5 and
on the data comprisin the Contractor's Application for Pay-
ment, that the Work as progressed to the point indicated and'
that, to the best of t e Architect's knowledge, information and
belief, quality of t Work is in accordance with the Contract
Documents. Th foregoing representations are subject to an;
evaluation of t e Work for conformance with the Contract
Documents on Substantial Completion, to results of subse-
quent tests d inspections, to minor deviations from the Con-
tract Doc ments correctable prior to completion and to spe-
cific qu lfications expressed by the Architect. The issuance of a
Certifi ate for Payment shall further constitute a representation
that e Contractor is entitled to payment in the amount certi-
fi However, the issuance of a Certificate for Payment shall.
. ot be a representation that the Architect has (1) made exhaus- .
~ rive 'or continu -.. S ctiol'tS to check the quality-'or'
quantity of the Work, (2) reviewed construction means, meth-
ods, techniques, sequences or procedures, (3) reviewed cop.
of requisitions received from Subcontractors and materi up-
pliers and other data requested by the Owner to sub tiate
the Contractor's right to payment or (4) ascertained w or for
what purpose the Contractor has used money pre ous)y paid
on account of the Contract Sum." excel2t a provi ded
subparagraph 2.6.5 ana L.6.5.
2.6.11 The Architect shall have authority to r ect Work v,,"l1tt:h
does not conform to the Contract Docum ts. Whenever the
Architect considers it necessary or advis Ie for implementa-
tion of the intent of the Contract Docu nts, th~ Architect will
have authority to require additional i ection or testing of the
Work in accordance with the provL. ns of the Contract Docu-
ments, whether or not such W is fabricated, installed or
completed. However, neither tl. authority of the Architect nor
a decision made in good fait ither to exercise or not to exer-
cise such authority shall giv; rise to a duty or responsibility of
the Architect to the Co actor, Subcontractors, material and
equipment suppliers, t eir agents or employees or other per-
sons performing por ons of the Work.
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2.6.12 The Arc tect shall review and approve or take other
appropriate ac .on upon Contractor's submittals such as Shop
Drawings, P duct Data and Sanlples, but only for the limited
purpose 0 checking for conformance with information given
and the esign concept expressed in the Contract Documents.
The chitect's action shall be taken with such reasonable
pro ptness as to cause. no delay in the Work or in the con-
s ction of the Owner or of separate contractors, while allow-
ng sufficient time in the Architect's professional judgment to
p rmit adequate review. Review of such submittals is not con-
du ed for the purpose of determining the accuracy ;md com-
plet ess of other details such as dimensions and quantities or
for sutL antiating instructions for installation or performance of
equipme t or systems designed by the Contractor, all of which
remain the responsibility of the Contractor to the extent
required by e Contract Documents. The Architect's review
shall not cons .tute approval of safety precautions or, unless
otherwise speci cally stated by the Architect, of construction
means, methods, techniques, sequcnces or procedures. The
Architect's appro I of a specific item shall not indicate
approval of an assel bly of which the item is a component.
When professional ce ification of performancc characteristics
of materials, systems or'quipment is required by the Contract
Documents, the Architcc shall be entitled to rely upon such
certification to establish t t the materials, systems or equip-
ment will meet the perform nce criteria required by the Con-
tract Documents.
2.6.13 The Architect shall pre re Change Orders and Con-
struction Change Directives, with supporting documentation
and data if deemed necessary by t' Architect as provided in
Subparagraphs 3.1.1 and 3.3.3, for t Owner's approval and
execution in accordance with the Co tract Documents, and
may authorize minor changes in the W rk not involving an
adjustment in the Contract Sum or an exte ion of the Contract
Time which are not inconsistent with the int t of the Contract
Documents.
2.6.14 Thc Architect shall conduct inspections 0 determine
the date or dates of Substantial Completion and the ate of final
completion, shall receive and forward to the Ow r for the
Owner's review and records written warranties an related
documents required by the Contract Documents and 'sem-
bled by the Contractor, and shall issue a final Certificate fa Pay-
ment upon compliance with the requirements of the Cant act
Documents.
3 8141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION' AIA~ . @1987
THE A.\1ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
rJvQl.\~
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2.6.15 The Architect shall interpret and decide matters con-
cerning performance of the Owner and Contractor under the
requirementS of the Contract DocumentS on written request of
either the Owner or Contractor. The Architect's response to
such requests :;hall be made with reasonable prompmess and
within any tim~ limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial deci-
sions, the Architect shall endeavor to secure faithful perfor-
mance by both Owner and Contractor, shall not show partiality
to either, and shall not be liable for results of interpretations or
decisions so rendered in good faith.
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2.6.17 The Architect's decisions on matters relating to aesthe-
tic effect shall be final if consistent with the intent expressed in
the Contract Documents.
2.6.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in ques-
tion between the Owner and Contractor relating to the execu-
tion or progre:;s of the Work as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, includi:Jg those in question between the Owner and
Contractor, exo~pt for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6. I 7, 'SliJtHJt;"'5'Ob~C1:'10 ~rt:lttrJriL>n:IS'
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ARTICLE 3
ADDITIONAL SERVICES
3.1 GENER,~L
3.1.1 The services described in this Article 3 are not included
in Basic Services unless so identified in Article 12, and they shall
be paid for by the Owner as provided in this Agreement, in
addition to the .:ompensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be provided
if authorized or mnfirmed in writing by the Owner. If services
described undel Contingent Additional Services in Paragraph
3.3 are required due to circumstances beyond the Architect's
control, the Architect shall notify the Owner prior to com-
mencing such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Addi-
tional Services ar~ not required, the Architect shall have no obli-
gation to provid~ those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the site than is
described in Sub;:>aragraph 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist in carry-
ing out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compen-
sated therefor ;u. agreed by the Owner and Architect. The
duties, responsibilities and limitations of authority of Project
Representatives ihall be as described in the edition of AlA
Document B352 current as of the date of this Agreement, unless
otherwise agreed.
3.2.3 Through the observations by such Project Represen-
tatives, the Architect shall endeavor to provide further protec-
tion for the Owner against defects and deficiencies in the Work,
but the furnishing of such project representation shall not
modify the rights, responsibilities or obligations of the Architect
as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other
documentS when such revisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made neces-
sary by adjustments in the Owner's program or Proj-
ect budget;
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documentS; or
.3 due to changes required as a result of the Owner's fail-
ure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size, qual-
. ity, complexity, the Owner's schedule, or the method of bid-
ding or negotiating and contracting for construction, except for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other documen-
tation and supporting data, evaluating Contractor's proposals,
and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substi-
tutions proposed by the Contractor and making subsequent
revisions to Drawings, Specifications and other documentation
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other cause during construction, and fur-
nishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the
Contractor, by major defects or detlciencies in the \X'ork of the
Contractor, ocby failure of performance of either the Owner or
cog~ft~p~tIA t1e sCff~OLArlb1f:truction.
3.3.7 Providing services in evaluating an extensive number of
claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding, negotia-
tion or construction prior to the completion of the Construc-
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and program-
ming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or com-
parative studies of prospective sites.
AlA DOCUMENT 81/11 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @1987
THE A.\1ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON. D.C. 20006
8141-1987 4
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sUbject to legal prosecution.
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmental authorities
or others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems
and equipment.
3.4.6 Providing services to investigate existing conditions or
facilities or to make measured drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or
other information furnished by the Owner.
3.4.8 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and coordi-
nation of services required in connection with construction
performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a con-
struction manager or separate consultants retained by the
Owner.
3S~~0 ?PE~t~t d~tfiie~Ul:~~lt0N~f Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of
material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services
required for or in connection with the selection, procurement
or installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of materials or equip-
ment, or valuations and detailed appr.lisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings show-
ing significant changes in the Work made during construction
based on marked-up prints, drawings and other data furnished
by the Contractor to the Architect.
i~~ f ~~o~fd}~g ~Llt~c~~J ~~~tilization of equipment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of the
fmal Certificate for Payment, or in the absence of a final Cer-
tificate for Payment, more than 60 days after the clate of Sub-
stantial Completion of the Work.
3.4.19 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
~~r csrP~t Iffi!.ecS~wrn:~tl O~:n of Basic Services.
3.4.20 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance
with generally accepted architectural praotice.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information regarding
requirements for the Project, including a program which shall
set forth the Owner's objectives, schedule, constraints and cri-
teria, including space requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements.
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4.2 The Owner shall establish and update an overall budget for
the Project, including the Construction Cost, the Owner's other
costs and reasonable contingencies related to all of these costs.
4.3 If requested by the Architect, the Owner shall furnish evi-
dence that financial arrangements have been made to fulfill the
Owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render decisions
in a timely manner pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services.
4.5 The Owner shall furnish surveys describing 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; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restric-
tions, boundaries and contours of the site; locations, dimen-
sions and necessary data pertaining 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.
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4.6 The Owner shall furnish the services of geotechnical engi- .
.u.neers when such services are reql,lested by the Architect. Such
services may include but are not lirilited to-test borings, test'
pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion and resis-
tivity tests, including necessary operations for anticipating sub-
soil conditions, with reports and appropriate professional
recommenclations.
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope
of the Project and are requested by the Architect.
4.7 The Owner shall furnish structural, mechanical, chemical,
air and water pollution tests, tests for hazardous materials, and
other laboratory and environmental tests, inspections and
reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance
counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to
verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money
paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 Prompt written notice shall be given by the Owner to the
Architect if the Owner becomes aware of any fault or defect in
the Project or nonconformance with the Contract Documents.
4.11 The proposed language of certificates or certifications
requested of the Architect or Architect's consultants shall be
submitted to the Architect for review and approval at least 14
days prior to execution. The Owner shall not request certifica-
tions that would require knowledge or services beyond the
scope of this Agreement.
5 B141-1987
AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
ARTICLE 5
CONSTRUCTION COST
5.1
DEFINnrlON
5.1.1 The Construction Cost shall be the total cost or esti-
mated cost to the Owner of all elements of the Project designed
or specified by the Architect.
5.1.2 The Con:;truction Cost shall include the cost at current
market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided
for by the Architect, plus a reasonable allowance for the Con-
tractor's overhead and profit. In addition, a reasonable allow-
ance for contin~:encies shall be included for market conditions
at the time of bidding and for changes in the Work during
construction.
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants, the costs of the land,
rights-of-way, financing or other costs which are the respon-
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 EvaluatioLs of the Owner's Project budget, preliminary
estimates of Construction Cost and detailed estimates of Con-
struction Cost, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with
the construction industry. It is recognized, however, that nei-
ther the Architect nor the Owner has control over the cost of
labor, materials or equipment, over the Contractor's methods
of determining b:.d prices, or over 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 Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by the Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing, proposal or
establis.hment of a Project budget, unless such fixed limit has
been agreed upon in writing and signed by the parties hereto. If
such a fixed limit has been established, the Architect shall be
permitted to include contingencies for design, bidding and
price escalation, \0 determine what materials, equipment, com-
ponent systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustments in
the scope of the Project and to include in the Contract Docu-
ments alternate bids to adjust the Construction Cost to the fIXed
limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 days :;Iter the Architect submits the Construction
Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of pIices in the construction industry between the
date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fixed :lmit of Construction Cost (adjusted as pro-
vided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fIXed
limit;
.2 authoriz,~ rebidding or renegotiating of the Project
within a reasonable time;
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4,
the Architect, without additional charge, shall modify the Con-
tract Documents as necessary to comply with the fL"(ed limit, if
established as a condition of this Agreement. The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fixed limit.
The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not
the Construction Phase is commenced.
SEE SPECIAL STIPULATION.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project
and, unless otherwise provided, the Architect shall be deemed
the author of these documents and shall retain all common law,
statutory and other reserved rights, including the copyright.
The Owner shall be permitted to retain copies, including repro-
ducible copies, of the Architect's Drawings, Specifications and
other documents for information and reference in connection
with the Owner's use and occupancy of the Project. The Archi-
tect's Drawings, Specifications or other documents shall not be
used by the Owner or others on other projects, for additions to
this Project or for completion of this Project by others, unless
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate compen-
sation to the Architect.
6.2 Submission or distribution of documents to meet official
regulatory requirements or for similar purposes in connection
with the Project is not to be construed as publication in deroga-
tion of the Architect's reserved rights.
ARTICLE 7
ARBITRATION
7-. "" ~ltiH15,-di9ptlteS -t)f' €>H1efo R1tiHef& if~~tiot1-l3ef.w@(!t1-tRe-
parties.La. t:I1kAgree.me.oLarising.D.lJLaf..or J:claring.LCl. ~cr.=.
m~m~b~~dT~reof~b~~~rttr.md~dd~~br-
~ieR-iR oQEC~E@. ~R-tR@' {:gRst~~ ~~A~oa-
tion- Rtrlcs~.tltt.-Itmeric:u'l *"birr:rttofl-k;~tOCt'dti~1'l ~tI'l'l'entlr-in-
effee~t!fI'Ics~ ~ muttrJl:ly agrc:~ o~rwisc:
T'.2-I?em:rmt-for ~iDn :;ha1t-bc'" flied 1rr writing 'W1rtrrhe
6tfler-l~any-t6-{fii3 -A..gl'eefne ~ -antI-with- H1e...ftnteri€lIfr AFbttfa-
ri<1n- As56eiat~:- h 6ereand-f6r--J1'aitr!l~ J;,e..1t1ltGe-withilt
:I. J;ea=ble...time.. :I.fte.r ..tile.. c~iln, ..disp.ute-aI_atbe.r_IIUUt:r j[l
g'uestian..has ~lIi<;e[l.JD DO e1U:1lt s.IuLl.the..deD1aDd for .~lI:b.iJ:l:alio[l_
~~Q~~~Jb~~~~~n~mn~~'~or~rn~e
P'~ced~ based -an-=IT -c1aim,-di5p't1te"'crctherm:rttcr-irr
~tiot1-wooId-ae-b9Pre<4 ar the~J'l~Sfattttes-of~~
1.S - No art:Jitr.ttiOfT arisirtg-cnn-of 'DT' Tdating "to this- Irgrc:oncrrt
strnlt trn:lude ,1:ry'mnsutirunton;" jntntterorirT :Irry-mherm;rrmer,
:nr <tddiriofl:l}-per~01'"entity- ft~-J- J'l;tnY-~flis~R~
AlA DOCUMENT 8141. OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. A1A~ . @1987
THE AMERICAN INSTITUTE OF ARCHtTECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006
B141-1987 6
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subjecl to legal prosecution.
-.:@~~... wofiHen- e~ftSel'tt-cxmtainil'Tg'"3 -spectflt-remem:e 1<J
tbi~.A.g.teemetl t-~~r;I.bIj 4Re- GW+1@F; rl.fGflf<eel:;-ane!-at'l j 't)ther-
pcrsurn:rierrtity soughr rt5" ~e- T<JIIiett:" "COnsenf fo arDnf~8R-
~~~~g~~~~R~~"~~~-~'~~Ol'T~mnc
GOflee~ ~ ar.eHFllHeflo et: :Hry-elaiffi;- di:;pute 01'" other m"3tteT irr
qut:~ t1c:sLribcrhn ,Jre-wrtrTellCUTiSem Dr MH'I ':1 'P~~()lT
Gf~1H~~ +l~IKi-@f-detlC~ib€E1 ffiefeilT. -T-he-f~re~l'lg";tgree""
ffiertt -l:6-arbitr:tte --and -othcr-.tg=men ~ "'to -;rrl:Tirrm -witlr :tIT
~rtro"~~~Ol'Tur~rt7do~~n~nred1:crbytiR~1:a
ffi~~~R~R~~H~e~~~m~~em~~carr~cc
with- ttppiie:tbie-l:nl'-11'l ':lI'l Y' ecmrt" hav"ing-jnrisdi'ctron ,!Tereuf:-
1.4 _1:he~.w.lI:cl-r~A~IKi-9-)'-t.A@ ar~HIlQf -of- &r-E>HFllKtf'1rshR}!. Be-
ftOfll; i1fld. jt1egre ertt 'tr-tar-be -eft teretl-uptJl'l it-11't :tlX'O rd:l.nce-w itlT
awli~1e4~ in-ltOJCOtlf't-hft'Viflg il1'risdit:riC7fr rhcret)f:
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party 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 temlination.
8.2 If the Project is suspended by the Owner for more than 30
consecutive days, the Architect shall be compensated for ser-
vices perfomled prior to notice of such suspension. When the
Project is resumed, the Architect's compensation shall be equi-
tably adjusted to provide for expenses incurred in the interrup-
tion and resumption of the Architect's services.
8.3 This Agreement may be terminated by the Owner upon
not less than seven days' written notice to the Architect in the
event that the Project is permanently abandoned. If the Project
is abandoned by the Owner for more than 90 consecutive days,
the Architect may terminate this Agreement by giving written
notice.
8.4 Failure of the Owner to make payments to the Architect in
accordance with this Agreement shall be considered substantial
nonperformance and cause for termination.
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expenses, the Architect may, upon seven
days' written notice to the Owner, suspend perform~mce of ser-
vices under this Agreement. Unless payment in full is received
by the Architect within seven days of the date of the notice, the
suspension shall take effect without further notice. 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.
8.6 In the event of temlination 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 Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for
Basic ;md Additional Services, and include expenses which are
directlv attributable to termination. Termination Expenses shall
be cOI~puted as a percentage of the total compensation for
Basic Services and Aclctitional Services earned to the time of ter-
mination, as follows:
.1 Twenty percent of the total compensation for Basic
and Additional Services earnecl to date if termination
occurs before or during the predesign, site analysis, or
Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additional Services earned to date if termination
occurs during the Design Development Phase; or
.3 Five percent of the total compensation for Basic and
Additional Services earned to clate if termination
occurs during any subsequent phase.
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwise provided, this Agreement shall be gov-
erned by the law of the principal place of business of the
Architect.
9.2 TemlS in this Agreement shall have the same meaning as
those in AlA Document A201, General Conditions of the Con-
tract for Construction, current as of the date of this Agreement.
9.3 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued ancl the applicable statutes of limitations shall com-
mence to run not later than either the date of Substantial Com-
pletion for acts or failures to act occurring prior to Substantial
Completion, or the date of issuance of the final Certificate for
Payment for acts or failures to act occurring after Substantial
Completion.
9.4 The Owner and Architect waive all rights against each
other ancl against the contractors, consultants, agents and
employees of the other for damages, but only to the extent cov-
ered by property insurance during construction, except such
rights as they may have to the proceecls of such insurance as set
forth in the edition of AlA Document A20 I, General Conditions
of the Contract for Constntction, current as of the date of this
Agreement. The Owner and Architect each shall require similar
waivers from their contractors, consultants and agents.
9.5 The Owner and Architect, respectively, bind themselves.
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, succes-
sors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor
Architect shall assign this Agreement without the written con-
sent of the other.
9.6 This Agreement represents the entire and integrated agree-
ment between the Owner ancl Architect and supersedes all
prior negotiations, representations or agreements, either writ-
ten or oral. This Agreement may be amended only by written
instrument signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contrac-
tual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
9.8 Unless otherwise provided in this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or expo-
sure of persons to hazardous materials in any form at the Project
site, inclucIing but not limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic substances.
9.9 The Architect shall have the right to include representa-
tions of the design of the Project, including photographs of the
exterior and interior, among the Architect's promotional and
professional materials. The Architect's mater1als shall not
include the Owner's confidential or proprietary infomlation if
the Owner has previously advised the Architect in writing of
7 B141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION . AIA~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
motional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con-
tributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 ReimbumabIe Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the <\rchitect and Architect's employees and con-
sultants in the interest of the Project, as identified in the follow-
ing Clauses. SEE SPECIAL STIPULATION.
10.2.1.1 Expem e of transportation in connection with the
Project; expense, in connection with authorized out-of-town
travel; long-distance communications; and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock -ups requested
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,
including profeS:;ional liability insurance, requested by the
Owner in excess of that normally carried by the Architect and
Architect's consultants. SEE SPECIAL STIPULATION.
10.2.1.6 Expense of computer-aided design and drafting
equipment time when used in connection with the Project.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to ser-
vices performed within each phase of service, on the basis set
forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in
Subparagraph 115.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any ser-
vices rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Con-
stmction Cost 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 per-
formed on those portions, in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (I) the lowest bona fide
bid or negotiated proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of services ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of
the cost of changes in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be avail-
able to the Owner or the Owner's authorized representative at
mutually convenient tim<;;s.
, ,
1:
. \ t
\
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITL\L PAYMENT of ZERO--------------------------------------J:>ollars ($ 0.00
shall be made upJn execution of this Agreement and credited to the Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BAS] C SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic
Compensation shall be computed as follows:
(Imerl basis of compmSaliO/l, i/lc/udi/lg s/ipu/ated sums, multlll/es or percentages, and identi))' pbases to II'bicb "ar/iwlar met bods of compensation app!)', If
necessary.)
Facade Rehabilitation Tier #1 and Restoration Tier #2-grants under $12,000
Facade (Tier #1 and Tier #2)-grants $12,000 to $30,000
Facade Rehabilitation/Restoration-grants over $30,000
Special Projects
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA~ . @1987
THE AMERICAN INSTITCTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
10%
9.5%
9.0%
$55.00 per hr
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,
B141-1987 8
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services
in each phase shall total the following percentages of the total Basic Compensation payable:
(1llsert additiollal phases as appropriate)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
percent (40 %)
percent ( 0 %)
percent (60 %)
percent ( 0 % )
percent ( 0 %)
one hundred percent (I 00%)
Total Basic Compensation:
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com-
puted as follows:
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding
services of consultants, compensation shall be computed as follows:
(Inser' basis oj compensation, including rales and/or multiples of Direct PersoNnel Eypense for PrinCipals and empluyees, aud idelltij)! Principals and claSSify
employees, 1/ required. Idelltij)' .....Jlcc((ic sen!ices to wbich particular metbods of compensation apply, If lleCeSsal~V)
~vPt/ P?/qg
~ 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering
~vices and rovided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of
. I (---t:T) times the amounts billed to the Architect for such services.
(Identify sp . types of cOllsu/tallts ill Article 12, if required)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable
Expenses,-a-ret:tl.H~e 6f 0 i rec t COS ts ) ~~b.e.~~i-incurred by the Architect, the Architect's
employees and consultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within
( ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Subparagraphs 10.3.3 and 11.3.2.
11.5.2 Payments are due and payable twen ty (20 ) clays from the c1ate of the Architect's invoice.
~ou~u~-------------______~______~~~~~~~~~~e~~~~~~ff~~~~~~~~E
~fle~~A~~ere6~~~~~~~~~~~~~H~k~4~~4~~~~~~~~~~~~Q~~~~~~
(1llSert rate of illterest agreed upon)
(Usury laws alld requirements ullder the Federal Truth ill Lrndillg Act, similar state alld local COllSumer credit laws alld other regulatiollS at the Owner's alld Archi-
tect 's prillcipal places of busilless, the locatioll of the Project alld elsewhere may affect tbe validity of this provision Specific legal advice should be obtained witlJ
respect to deletiollS or modifieatiotlS, alld also regarding requirements sucIJ as writ/en disctosures or waivers)
9 8141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION · AlA"' · @J987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
11.5.3 The rates and multiples set forth for Additional Services
shall be annually adjusted in accordance with normal salary review
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
12.1 AJ;:CHITECTURAL SERVICES FOR FA~ REHABILITATION PROGRAM
6NC"O 1"'2'2~'i8 7---.- lX-O
The compensation described in 11.2.1 for facade rehabilitation
shall be for the scope of services described in ARTICLE 2,
SCOPE OF ARCHITECT'S BASIC SERVICES.
12.2 ARCHITECTURAL SERVICES FOR SPECIAL PROJECTS
Special projects are those which may from time to time be requested
by the owner to evaluate, plan, or promote the facade
rehabilitation program or other Community Development Block Grant
(CDBG) development activities that the owner may wish to consider.
Special Projects may include consultation with the Owner and others
for the purposes of determining, from an architectural standpoint
factors to be considered in evaluating, planning, and coordinating
publicly assisted improvements. Special Projects may include
streetscapes, perspective drawings of particular buildings, and
other such drawings as well as preliminary cost estimates. Except
for the cost of materials, the provisions of paragraph 10.2.1.4
regarding reimbursable expenses shall not be applicable to Special
Projects. The owner reserves the right to request an estimate of
the total architectural fee for any Special Project.
12.3 COMPUTER-AIDED DESIGN AND DRAFTING EQUIPMENT TIME
The use of computer-aided design and drafting equipment is
anticipated for facade rehabilitation/restoration and special
projects is considered to be a normal part of such work and the
provisions of paragraph 10.2.1.6 regarding reimbursable expenses
shall not be applicable to this project.
12.4 INCORPORATED AND APPLICATION OF ATTACHMENTS TO THIS CONTRACT
Attached hereto and incorporated herein as parts of this agreement,
the terms of which shall govern and control inconsistent or variant
provisions elsewhere appearing, are the following:
a) PagHs entitled "Contract For Technical Services, Part II-Terms
and Conditions", numbered 11-1 through 11-6 and containing
paragraphs numbered 1 through 20.
b) Pagl3s entitled "Architect's Responsibilities" consisting of
two pagl3s and paragraphs numbered 1 through 5.
c) Page! entitled "Special Stipulations" consisting of 9 paragraphs
The terms of this paragraph 12.4 notwithstanding, paragraph 5 of
the at.tached "Architect's Responsibilities" shall be deemed to
refer to Special Projects more fully described in paragraph 12.2 of
this contract entitled "ARCHITECTURAL SERVICES FOR SPECIAL
PROJEC'l~S" .
12.5 Any printed term or condition appearing elsewhere herein to
the contrary notwithstanding, the various provisions of this
articlE! 12 shall govern and control the rights and duties of the
partieE: .
This agreement entered into as of the day and year first written
above.
OWNER:
AUGUSTA., GEORGIA
M yo
Scon s "'"
tllII~ 1IlJ- n ~
ATTEST- ~~...~~i-~r
. .;;....<.,~ 0,,000 eco~.. Co ~~
~ "f .~":> ," C". '~', ~
~ I..,,.... /Io(t Y. -A
..... ,..;.:,,~ ",,~ ~
BY . . .. .. ';': ~
.... ~
A i ~ 1. ~.~~-~.9{i\. o~rg;~l
~oo, .rJi:'B'onWe rl " ~
, . r.sT. . p
f -. 1996 ..0 ill
... ..-
"Q .0....... AV
(AFF~X\~t~~~i:)
ARCHITECT:
NICHOLAS DICKINSON & ASSOCIATES, P.C.
By:~{j)~
sits presiaent
Nicholas Dickinson
O~L~'~
s l.ts Secretary
Rox Ann Dickinson
(AFFIX CORPORATE SEAL)
2.6.6
3.3.6
3.4.10
5.2.5
1 0 . 2 . j. . 1
10.2.1.5
11.5.2
12.6
12.7
SPECIAL STIPULATIONS
A d: The Architect shall not have control over or cha
o cts or omissions of the Contractor, Subcont ors,
or t agents or employees, or any er person
performing tions of the work; ided, however
nothing herein I be co ed as relieving th
Architect from responsl ' or liability for such act
or omissions as w e revea e 'scovered in an on
site ins n, as provided herein, p in
accor ce with the exercise of reasonable and ordina
e.
to have
provided
exerc
Architect shall provide as a part of the Basic Services
estimates of construction costs in sufficient detail to
reasonably advise the Owner of the status of the project
in relation to the budget for same.
Add: "subj ect to the provisions of Article 8."
Any other authorized travel shall be reimbursed to
Architect at their actual costs, with mileage to be
charged at the rate of 25 cents per mile. Architect
shall furnish detailed accounting of all such expenses.
Architect, as a part of the Basic Services agrees
provide professional liability insurance with limits
at least Qne J'l4illien ~l,OOO,080.0Et1 dollars.
Two~1'tfh, Tln'",~,,$ "2>O/OOD. -)
This Agreement is intended by the Parties to, and does,
supersede any and all provisions of the Georgia Prompt
Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event
any provision of this Agreement is inconsistent with any
provision of the Prompt Pay Act, the provision of this
Agreement shall control.
Long distance phone calls/faxes, and mileage expenses are
included in the fee outlined in paragraph 11.2.1.
Arbitration is hereby eliminated in its entirety. All
claims,disputes and other matters in question between the
Owner and the Architect arising out of or relating to the
Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The
Architect, by executing this Agreement specifically
consents to venue in Richmond County and waives any right
to contest the venue in the Superior Court of Richmond
County, Georgia.
~(;17~(
t'
l3W
NeD
'CP'
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to N c. D
of I-~~Y
~
ATTACHMENT "A"
PROJECT DESCRIPTION
Facade rehabilitation and restoration of eligible buildings in
Augusta, Georgia for Tier #1 and Tier #2 (facade rehabilitation and
restoration under $12,000, facade rehabilitation and restoration
$12,000 to $30,000 and facade rehabilitation/restorations over
$30,000), and special projects (architectural studies for
development activities under the Community Development Block Grant
(CDBG) program or any other activity the owner may wish to
consider. Buildings to receive facade rehabilitation or restoration
will be identified by the Owner as will the subject of any Special
Projects to be performed. The amount of funding per building and
the amount of funding available for any special projects will be
determined by the owner during the course of this contract
The term of this contract shall be for a period of two years
beginning January 20, 1998 and ending January 20, 2000, except that
work authorized by the Owner under the terms of this contract prior
to January 20, 1998 shall be completed according to the terms of
this contract. Prior contract(s) with Nicholas Dickinson and
Associates for facade rehabilitation and facade architectural
services are hereby terminated as of the effective date of this
contract except for work in progress as authorized by the Owner.
The Owner reserves all rights, privileges, and immunities it may
enjoy with respect to claims involving architectural services
rendered under this contract or previous contracts referenced in
this paragraph.
ATTACHMENT "B"
ARCHITECT'S RESPONSIBILITIES
1. Upon request by the Housing & Neighborhood Development
Department (HND), the Architect will make an initial inspection of
the structure. The architect will provide a written recommendation
and preliminary cost estimate to the HNO. The Architect, along with
the HND will determine whether or not the structure meets the
eligibi.lity criteria for the facade program. Occasionally, the HND
may request the Architect to attend Committee or Commission
meetin9s. From time to time the Architect may be requested to
consult. with building owners and Augusta-Richmond County (ARC)
officials regarding potential rehabilitation projects to provide
general comments on possible designs and costs.
2. Structures which have been recommended by the HND and the
ArchitE!ct and approved by the Administrative Services Committee
will be! assigned to the Architect by the HNO.
a. Tier #1 and Tier #2 Facades. The Architect will work closely
wi th t:he HND staff, and if needed, the Historic Preservation
Division of the Georgia Department of Natural Resources when
designing the facade and preparing the specifications for the
assigned structure. The design and specifications shall be
consistent with the Secretary of the Interior's Standards for
Rehabilitation. Note: If Wage Rates are applicable to the Project,
the HND Department will furnish the Architect with a copy of the
applicable Wage Rates.
3. Upon completion of the design plans and specifications the
Architect, HND staff, and property owner will review the plans and
obtain written approval from the owner(s) of the structure subject
to ARC and State approvals. The Architect will furnish three (3)
copies of the design plans and two (2) copies of the specifications
for the structure to HND. After staff review, HND will forward two
(2) copies of the plans and one (1) copy of the specifications to
the Augusta-Richmond County Planning Commission. If applicable, the
the Planning Commission will furnish one copy to the Historic
Preservation Division of the Georgia Department of Natural
Resources for their thirty (30) day review and approval.
4. Upon receipt of the Historic Preservation Division comments,
the HND Department will furnish the Architect with a copy of the
comment. The Architect will make the required changes, if any, to
the design plans and specifications as requested by the State and
then notify the HND his release of the final design plans and
specifications.
5. In addition to the work described in the preceding paragraphs
111.1 through 111.4, the Architect may be asked to produce
schematic drawings for Special Studies or to provide cost estimates
on speculative projects requested by the owner or ARC officials.
'.
CACADE REHABILITATION GRANT PROGRAM GUIDELINES
PROGRAM DESCRIPTION AND OBJECTIVES
The Facade Rehabilitation Grant Program is designed to improve the appearance of historic
structure!; located primarily in the Augusta-Richmond County Central Business District
(CBD) and neighborhood commercial areas, stimulate private investment in these structures,
and make the CBD and neighborhoods more attractive to business activity. Other targeted
areas are the Laney-Walker Multiple Resource Area and the Pinch Gut "Olde Town" Area.
The program makes funds available to rehabilitate or restore the facades of qualifying
structures. In return, property owners are required to spend a matching amount on
correcting code deficiencies and making interior renovations.
The overall objectives of the program are to:
1. Eliiminate slum and blighting conditions in the CaD and neighborhood commercial
areas.
2. Alleviate economic distress in the CaD and neighborhoods commercial areas.
3. Provide an incentive for private property owners to invest their own money in the
rehabilitation of substandard buildings.
4. Protect and preseIVe historic commercial buildings located in Augusta's historic
districts.
SELECT/lON CRITERIA
1. The structure must be within the boundaries of a National Register Historic District,
or a local historic district designated under the Augusta Historic PreseIVation
Ordinance.
2. Thle structure must be at least 40 years old.
3. Thle structure should be higWy visible, due to its location on a major street or
intersection.
4. The owner should be willing to rehabilitate the building.
5. Priority will be given to applicants who have a firm commitment for use of the
stmcture upon completion of the facade rehabilitation.
The final responsibility for selecting and approving buildings for this program lies with the
Augusta-Richmond County Commission.
1
". ..
FACADE REHABIUTATION
The Augusta-Richmond County Commission will spend up to $12,000 ($25,000 on comer
building) to rehabilitate the facade of a qualifying structure. Rehabilitation is defined as the
act or process of making possible a compatible use for property through repair, alterations,
and additions while preseIVing those portions or features which convey its historical, cultural,
or architectural values. Replacement of non-conforming signage is an eligible part of the
facade rehabilitation. Non-historic architectural features will be repaired as part of a facade
rehabilitation, unless documentation exists showing the original appearance of the facade.
If documentation exists showing the original appearance of a facade, applicants may qualify
for facade restoration assistance.
FACADE RESTORATION
The Augusta-Richmond County Commission will spend up to $15,000 ($30,000 on comer
building) to restore the facade of a qualifying structure, where documentation exists showing
the original appearance of missing historic features. Restoration is defined as the act or
process of accurately depicting the form, features, and character of a property as it appeared
at a partieular period of time by means of the removal of features from other periods in its
history and reconstruction of missing features from the restoration period.
OWNER'S REQUIREMENTS
In return for assistance, the property owner is required to:
1. Match the amount spent by Augusta-Richmond County on the exterior facade with
its own rehabilitation work. Such rehabilitation work must be done in compliance
with the Secretary of Interior's Standards for Rehabilitation of Historic Properties
(copy attached), and with the applicable building, fire, and life safety codes. Any
pOJrtion of the building that is not to be occupied is not subject to consideration as
part of the facade grant project.
2. Remove, at his own expense, a portion of any artificial or false facade deemed
neeessary for the project architect's inspection of the structure. This might be
ne(:essary to verify the presence or absence of historic storefront features.
3. Agree to the removal and replacement of any non-conforming signs on the structure.
4. Grant a Facade Easement, Promissory Note, and Deed to Secure Debt to the
Augusta-Richmond County Commission of Augusta, Georgia.
5. After application approval, building must be tested for Lead-Based Paint. If the test
results are positive, the paint must be removed and the site certified non-hazardous.
6. Ma.intain the rehabilitated facade in good condition following completion of the
WOIk.
2
l l ...
RESPONSIBIliTIES OF AUGUSTA-RICHMOND COUN1Y COMMISSION
The Auglusta-Richmond County Commission is responsible for:
1. Hiring a qualified architect to prepare plans, specifications, and cost estimates for the
faeade rehabilitation project. The property owner will have an opportunity to review
and approve the facade rehabilitation plans, but the Augusta-Richmond County
Commission will have the final say in design details for the exterior facade and
sig;nage. Every effort will be made to address owner and/or tenant needs and desires,
but costs, proper preselVation procedures and compatibility will govern the final
design decisions.
2. Procuring a qualified contractor to perform the facade rehabilitation work.
3. Limiting the number of projects per contractor at the discretion of the director.
4. Monitoring the completion of the facade rehabilitation work.
5. Preparing and maintaining all necessary files and contracts related to the facade
rehabilitation project.
APPUCATlON PROCEDURES
To apply for assistance through this program, the owner of the building must submit the
following information to the Housing and Neighborhood Development Department. The
application will not be processed until all of the materials are received by the department.
1. Completed facade application (attached)
2. Current photographs of the structure.
3. Copy of Certificate of Title with a legal description of the property.
4. A historic photograph of the structure should also be submitted, if a property
owner wishes to pursue a complete restoration of the facade. Project
architect may be able to assist owner in finding historic photograph.
5. Letter of Commitment regarding removal of Lead-Based Paint (attached).
FOR MORE INFORMATION CONTACT:
Mr. Nick Autorina
Augusta-Richmond County Commission
Housing and Neighborhood Development Department
#1 Tenth Street, Suite 430
Augusta, Georgia 30901
(706) 821-1797 - (706) 821-1784 (FAX)
3
CONTRACT FOR TECHNICAL SERVICES
PART II - TERMS AND.CONDITIONS
1. TERMINATION OF AGREEMENT FOR CAUSE. If, through any cause, the
Contractor shall fail to fulfill in timely and proper manner his
obligations under this Agreement, or if the Contractor shall violate any
of the covenants, agreements, or stipulations of this Agreement, the
Publ ic Body shall thereupon have the right to termin~te,,!his Agreement by
gi vi ng written noti ce to the Contractor of ,s.uch termi nati on and
specifying the effective date thereof, at least' five days before the
effective date of such termination. In such 'event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports prepgred by the Contractor under thi s Contract
sha 11, at the opti on of '-the Pub 1 i c Body become its property and the
Contractor shall be entitl ed to recei ve just and equitable compensati on
for any work satisfactorily completed hereunder.
Notwithstanding the above, the Contractor shall not be relieved of
liability to the Public Body for damages sustained by the Public Body by
virtue of any breach of the Agreement by the Contractor, and the Public
Body may wi thho 1 d any payments to the Contractor for the purpose of
set-off until such time as the exact amount of damages due the Publ ic
Body from the Contractor is determined.
2. TERMINATION FOR CONVENIENCE OF PUBLIC BODY. The Public Body may
terminate this Agreement at any time by giving at least ten days notice
in writing from the Public Body to the Contractor. If the Agreement is
terminated by the Public Body as provided herein, the Contractor will be
paid an amount which bears the same ratio to the total compensation as
the services actually performed bear to the total services of the
Contractor covered by this Agreement, less payments of compensation
previously made; Provided, however, that if less than sixty percent of
the servi ces covered by thi s Agreement have been performed upon the
effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual
out-of-pocket expenses duri ng the Agreement peri od whi ch are di rectly
attributable to the uncompleted portion of the services covered by this
Agreement. If this Agreement is terminated due to the fault of the
Contractor, Paragraph 1 hereof relative to termination shall apply.
3. CHANGES. The Public Body may, from time to time, request changes in the
scope of the services of the Contractor to be performed hereunder. Such
changes including any increase or decrease in the amount of the
Contractor's compensation, which are mutually agreed upon by and between
the Pub 1 i c Body and the Contractor, sha 11 be incorporated in written
amendments to this Agreement.
4. PERSONNEL.
A. The Contractor represents that he has, or will secure at his own
expense, all personnel, to include subcontractors, required in
performing the services under this Agreement. Such personnel shall
not be employees of or have any conflicting contractual relationship
with Public Body.
B. All of the services required hereunder will be performed by the
Contractor or under his supervision and all personnel and/or
-subcontractors e.nga.ged.io__the wO.rkshaJl b.e. -fully qualified and
shall be authorized or permitted under State and local law to
perform such services.
C. None of the work or servi ces covered by th is Agreement shall be
subcontracted without the prior written approval of the Public Body.
Any work or services subcontracted hereunder shall be specified by
written contract or agreement and shall be subject to each provision
of this Agreement.
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5,. ASSIGNABILITY. The Contractor shall not assign any interest in this
Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of the Public
Body thereto: provided, however, that claims for money due or to become
due the Contractor from the Publ ic Body under this Agreement may be
assigned to a bank, trust company, or other financial institution without
such approval. Notice of any such assignment or transfer shall be
furnished promptly to the Public Body.
6. REPORTS AND INFORMATION. The Contractor, at such time and in such forms
as HUD, and/or the Public Body may require shall furnish HUD and/or the
Public Body such periodic reports as it may request pertaining to the
work or servi ces undertaken pursuant to thi s Agreement, the costs and
obligations incurred or to be incurred in connection therewith, and any
other matters covered by this Agreement. The Public Body shall assume
full responsibility for establishing regular monitoring procedures for
this Agreement.
7. RECORDS AND AUDITS. The Contractor shall maintain accounts and records,
including personnel, property and financial records, adequate to identify
and account for all costs pertaining to the Agreement and such other
records as may be deemed necessary by the Publ ic Body or HUD to assure
proper accounting for all project funds, both Federal and non-Federal
shares. These records will be made available for audit purposes to the
Public Body, HUD or the Comptroller General of the United States or any
authorized representative and will be retained for three years after the
expiration of this Agreement unless permission to destroy them is granted
by both the Public Body and HUD.
8. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc.
prepared or assembled by the Contractor under this Agreement are
confidential and the Contractor agrees that they shall not be made
available to any individual or organization, other than an agency of the
United States Government, without the pri or written approval of the
Public Body.
9. COMPLIANCE WITH LOCAL LAWS. The Contractor shall comply with all
applicable laws, ordinances, and codes of the State and local
governments, and the Contractor shall save the Public Body harmless with
respect to any damages arising from any tort done in performing any of
the work embraced by this Agreement.
10. COMPLIANCE WITH FEDERAL LAWS. For the performance of this Agreement, the
Contractor shall comply with the following Federal laws:
A. Executi ve Order 11246, as amended. Duri ng the performance of thi s
agreement, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or
national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race,
creed, color, or national origin. Such action shall include,
but not be limited to the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of
compensation; and selection for training, including
_aR.prel')tic~shi~_._ l:he__Contractor agrees to post in conspicuous
places, available to employees ancfapplicants for employment,
notices setting forth the provisions of this nondiscrimination
clause.
(2) The Contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for
employment without regard to race, creed, color, or national
origin.
1I-2
(3) The Contractor will send to each labor union or representative
of workers with whichhe.has a collective bargaining agreement
or other contract or understandi ng, a noti ce to be provi ded
advising the labor union or workers' representative of the
contractors commitments under section 202 of Executive Order
11246 of September 24, 1965, and sha 11 post copi es of the
notice in conspicuous places available to employees and
applicants for employment.
(4) The Contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and
by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and wi 11 permit access to hi s
books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(6) I n the event of the Contractor' s non-comp 1 i ance with the
nondiscrimination clause of this Agreement or with any of such
rules, regulations, or orders, this Agreement may be canceled,
terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government
contracts in accordance wi th procedures authori zed in
Executi ve Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rul es,
regulations, or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The Contractor will include the provlslons of paragraphs (1)
through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor wi 11 take
such action with respect to any subcontract or purchase order
as the contracting agency may direct as a means of enforcing
such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
contracting agency, the Contractor may request the United
States to enter into such litigation to protect the interests
of the United States.
B. Compliance with Air and Water Acts. This Agreement is subject to
the requirements of the Clean Air Act, as amended, 42 USC 1857 et
seq, and the regulations of the Environmental Protection Agency with
respect thereto, at 40 CFR Part 15, as amended from time to time.
In compliance with said regulations, the Contractor shall cause or
require to be inserted in full in all Agreements and subcontracts
with respect to any nonexempt transacti on thereunder funded with
assistance provided under this Agreement, the following
requi r.eme.n"ts...:__" __ __ _ ____ .
(1) A stipulation by the Contractor or subcontractors that any
facil ity to be util ized in the performance of any nonexempt
contract or subcontract is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
I1-3
(2) Agreement by the Contractor to comply with all the
requirements of section 114 of the Clean Air Act, as amended,
(42USC 1857c-8) and section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection,
monitoring, entry, reports, and information, as well as all
other requirements specified in said section 114 and section
308, and all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the
contract prompt notice will be given of any notification
received from the Director, Office of Federal Activities, EPA,
indicating that a facility utilized or to be utilized for the
contract is under consideration to be listed on the EPA list
of Violating Facilities.
(4) Agreement by the Contractor that he will include or cause to
be included the criteria and requirements in paragraph (1)
through (4) of this section in every nonexempt subcontract and
requi ri ng that the Contractor wi 11 take such acti on as the
Government may direct as a means of enforcing such provisions.
In no event shall any amount of the assistance provided under this
Agreement be utilized with respect to a facility which has given
rise to a conviction under section 113 (c) (1) of the Clean Air Act
or section 309 (c) of the Federal Water Pollution Control Act.
C. Federal Labor Standards Provisions. Except with respect to the
rehabilitation of residential property designed for residential use
for less than eight families, the Contractor and all contractors
engaged under contracts in excess of $2,000 for the constructi on,
prosecution, completion or repair of any building or work financed
in whole or in part with assistance provided under this Agreement,
shall comply with HUD requirements pertaining to such contracts and
the applicable requirements of the regulations of the Department of
Labor under 29 CFR Parts 3, 5, and 5a, governi ng the payment of
wages and the ratio of apprentices and trainees to journeymen:
Provided, that if wage rates higher than those required under such
regulations are imposed by State or local law, nothing hereunder is
intended to relieve the Contractor of his obligation, if any, to
require payment of the higher rates. The Contractor shall cause or
require to be inserted in full, in all such contracts subject to
such regulations, provisions meeting the requirements of 29 CFR 5.5
and, for such contracts in excess of $10,000, 29 CFR 5a.3.
Further, for the performance of this Agreement, the Contractor shall
comply where applicable, with the following laws and regulations
which are incorporated herein by reference:
D.
E.
Executive Order 11063.
Section 3 of the Housing and Urban Development Act of 1968, section
570.303(e)(1).
F.
Davis-Bacon Act.
G.
H.
Contract Work Hours and Safety Standards Act.
Title I, Section 109 of the Housing and Community Development Act of
1974.
1.
J.
Title VI of the Civil Rights Act of 1964; 24 CFR Part I.
Title VIII of the Civil Rights Act of 1968.
Copeland Regulations (29 CFR Part 3).
Environmental Protection Agency regulations, 40 CFR Part 16, as
amended.
K.
L.
II-4
11. SUBCONTRACTS. The Contractor will insert in any subcontracts the clauses
contained in Part II, Section 10, a. through 1. referenced above.
12. INTEREST OF MEMBERS OF THE PUBLIC BODY. No member of the governing body
of the Pub 1 i c Body and no other offi cer, employee, or agency of the
Public Body who exercises any functions or responsibilities in connection
with the planning and carrying out of the Housing and Community
Development Program, shall have any personal financial interest, direct
or indirect, in this Contract.
13. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing
body of the locality in which the Housing and Community Development
Program is implemented, and no other public official of such locality,
who exerci ses any functi ons or res pons i bil iti es in connecti on with the
planning and carrying out of the Housing and Community Development
Program shall have any personal financial interest, direct or indirect,
in this Agreement; and the Contractor shall take appropriate steps to
assure compliance.
14.. INTEREST OF CONTRACTORS AND EMPLOYEES. The Contractor covenants that he
presently has no interest and shall not acquire any interest, direct or
indirect, in the project area or any parcels therein of any other
interest which would conflict in any manner or degree with the
performance of his services hereunder. The Contractor further covenants
that in the performance of this Agreement no person having any such
interest shall be employed.
15.. INTEREST OF CERTAIN FEDERAL OFFICIALS. No member of or Delegate to the
Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or any benefit to raise
herefrom.
16, DEFINITION. The term "HUD" is used herei n to mean the Secretary of
Housing and Urban Development or the person authorized to act on his
beha 1 f.
17. PURCHASE OF EQUIPMENT. Ownership of equipment purchased under the terms
and conditions of this Agreement is subject to HUD1s guidelines, and
policy as set by the City Council of Augusta. Ownership of all
non-expendab 1 e property acqu i red for the program sha 11 be specHi ed in
the Agreement, Part I.
18. OTHER STIPULATIONS GOVERNING THIS AGREEMENT.
A. All power not explicitly vested in the Public Body and the
Contractor in the terms of this Agreement remain with the Community
Development Agency.
B. Community Development Agency not liable or obligated to any part
other than stipulated (as agreed upon in the Agreement between the
CDA and the Public Body).
19.
STIPULATIONS REGARDING CONTRACTOR AS THIRD PARTY
WITH THE COMMUNITY DEVELOPMENT AGENCY. For
Agreement, the following stipulations shall
exclusively; not applicable to fourth parties:
A~PQlitical Activity-Prohibited. None of the funds, materials,
property or services provided- directly or indirectly under this
Agreement shall be used in the performance of this Agreement for any
partisan political activity, or to further the election or defeat of
any candidate for public office.
ENTERED INTO AGREEMENT
the purpose of this
govern third parties
B. Lobbying Prohibited. None of the funds provided under this
Agreement shall be used for publicity or propaganda purpose designed
to support or defeat legislation pending before Congress.
II-5
C. Use of Property. Whenever Grant funds are used in whole or in part
for the purchase of construction (including rehabilitation) of
property (other than office equipment, supplies, materials, and
other personal property used for the administration of the Program
or any project), title to said property shall not be transferred for
a period of five years, from the date of purchase or completion of
construction without the approval of the CDA and HUD. Should it be
des i rab 1 e to se 11 the property or otherwi se transfer the ownershi p
before expiration of the five-year period, a request should be
submitted to the Public Body. Approval of such request shall
require Community Development Agency and HUD concurrence.
20. ANTI-KICKBACK RULES. Salaries of architects, draftsmen, technical
engineers, and technicians performing work under this Contract shall be
paid unconditionally and not less often than once a month without
deduction or rebate on any account except only such payroll deductions as
are mandatory by law or permitted by the applicable regulations issued by
the Secretary of labor pursuant to the "Anti -Ki ckback Act" of June 13,
1934, (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C., Section
874; and Title 40 U.S.C., section 276c). The Contractor shall comply
with all applicable "Anti-Kickback" regulations and shall insert
appropriate provisions in all subcontracts covering work under this
Contract to insure comp 1 i ance by subcontractors with such regul ati ons,
and shall be responsible for the submission of affidavits required of
subcontractors thereunder except as the Secretary of labor may
specifically provide for variations of or exemptions from the
requirements thereof.
~--. --.-___________ .-._ ___o~~ _____, ___-_..__~
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