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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 ~. 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, ~ , ~- . .,' " .' 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 GO i-? ~ 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. ,. ~ .., ~*.." 1,.:, .1 , ~ 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. \ 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. in 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.\~ l",?,1/r 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. rI ~ 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' ~6~6~ffi~~~~~R~R~~~A~~E~~~9~~~~ - 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. t ~ 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. ., .'\\~ 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' Q.J.i::> 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. 11-1 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~~ _____, ___-_..__~ 11-6