HomeMy WebLinkAboutLandscape Architect,Inc.
Augusta Richmond GA
DOCUMENT NAME: La\\OSC0?~ (\,<,dn\\:ec-\-, \0C.
DOCUMENT TYPE: CXj'(eemef\+
YEAR: C\'\
BOX NUMBER: 0-\
FILE NUMBER: \ '6~
NUMBER OF PAGES: \~
THE
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ARC H
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INS TIT U, T E
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AlA Document B141
,'Standard Form of Agreement Between
Owner and Architect
1987 EDITION
, , -THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTA TION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
AGREEMENT'
..-
~ ",
made as of the
, Nineteen Hundred and,
BETWEEN the Owner: "
. - .
(Ncime and address)
and the Architect:
(Name cmd address)
, Ii /.f day of
oN i'ne ty - ~ Sc.-t,.te...... .
?.e~._./u.~
in the year of
Augus'Ur-RiJchmond County'
. Muni!ci'pal Building' -
Augusta~,'<'Ge6rgia' 30911
!r.
Roger W. Davis - Landscape Architect, Inc.
120 5th street
Augusta, Georgia 30901
, For the following Project:
(Include detaiil!d description of Project, location, address and scope.)
Const~~ction plans, specificationsj bidding and construction
observation'for renovations to Savannah Place Park, 1014 Eleventh Avenue,
Augusta, Georgia. Design shall consist of the, following: ,Lighted and
covered basketball court (84' X 50'), Parking (18,000 SQ. FT.) to include
security lighting, new securi tygat,e at park entrance , multi-play unit
playground, drainage improve~ents around playground area, landscaping,
and man~ally oper~t~d-accordion folding partition irithe Community
Center building.
The OwnecandArchitect agree as set forth below:
, ,
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, @ 1987 by The American Institute
of Architects, 1735 New York Avenue, N,W,,.Washington, D,C. 20006, Reproduction of the material herein or substantial
quotation of its provisions without, written 'permission ofthe AIA.,violates the copyright laws of the United States and will be
subject to legal prosecution,
AlA DOCUMENT 8141 · OWNER,ARCHITECT AGREEMENT .,FOURTEENTH EDITION. AlAI!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006
. - .
8141-1987 1
, WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
EDITOR'S NOTE
From_ time to time; -the AlA makes miA.or co.rrections and
clarific:itions in~its' documents as they are . 'reprinted.
Changes in the' 7/88 reprintingoLthe 1987' edition of B141
were made in Subparagraphs 2,6.1 and 11,3.2. Changes in
this 6/92 reprinting were made in Subparagraph 2.6.10
and Paragraph 4,5, See Section C of the .Instruction Sheet
for a detailed description of these chaI).ges.
~'!.l
.r
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES "
1.1 ARCHITECT'S SERVICES
1 ;1.1 The Architect',s services' cansist of: thpse, set:yices per-
farmed by the Architect, Architect's employees and Architect's
cansultants as enumerated in Articles 2 and 3, af this Agreement
and any ather s~rvic~s inclu!=ied" in Articl~ p,
1.1.2 The Architect's serVices .sh:ill be performed as expedi-
~iausly as is cansistent with professianal,skill and care arid the
arderlyprogress af the Wark, Upan request af the Owner, the
Architect shall submit far the O~ner's approval a schedule far
the perfarmance af the Architect's services which may be
adjusted as the Project proceeds, and shall include allawances
far periads af time required far tl1e Owner's review and far
approvalaf submiss!ans by au~harities having jurisdictian aver
the Project, Time limits established by this schedule approved
by the Owner shall nat, except far re-JSanable cause,. be exceeded
by t,he Architect 0.1' Owner, ' '
1.1.3 The services cavered by this Agreement are subject' to.
the time limitatians cantained in Subparagraph 11.5,1"
ARTICLE 2
SCOPE OF, ARCHITECT'S BASIC SERVICES
2.1 DEANITION
2.1.1 The Architect's Basic Services cansist af thase,described
in Paragraphs 2,2 through 2,6 and any ather services identified
in Article 12 as,part af Basic Services, and include normal struc'
tural, ,mechanical and electrical engineering services,
2.2 SCHEMATIC DESIGN PHASE
2.2.1 .The Architect shall review the pragram furnished by the '
Owner to. aScertain the requirements af th~ Project and shall'
arrive ata mutual understanding of such requirements with the
Owner, ' . ..
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, schedule and canstructian budget
requirements, each in terms af the ather, subject to. the limita:,
tians set farth in Subparagraph 5,2,1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and canstructian af the Project.
2.2.4 Based'an the mutually agreed-upan ,program,schedule
and constructian budget requirements,' the Architect shall
prepare, for approval by the Owner, Schematic Design Docu-
ments cansisting af drawings and other dacuments illustrating
the scale'and relatianship af Project campanents: '
2.2.5' The Architect shall submit to. the Owner a' preliminary
estimate af Canstructian Cast based an current area, valume 0.1'
ather unit casts,
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based an the approved Schematic Design Dacuments
,and arty adjustments autharized by the Owner in the piagr~, , '
'.
schedule or canstIuctian budget, ,the Architect shall prepare,
far approval by the Owner, Design Develapment Dacuments
cansisting af drawings and other documents to fix and describe
the, size ~nd character af the Project, as' to architectural, struc-
tural, mechanical and electrical systems, materials and such
ather elements as m~y, be app~opriate,
2.3.2 The Arcliitect shall advise the Owner of any adjustments
to. the preliminary estimate af CanstructianCast. '
2;4 CONSTRUCT'ION DOCUMENTS PHASE
2.4.1 B~ed 'an the approved Design 'Develapment Dacu-
ments and 'any further adjustments in the scape 0.1' quality af
,the Project 0.1' in the canstructian budget autharized by the
Owner, the Architect shall prepare, far approval by the Owner,
Canst!"uctian Dacuments cansisting af Drawings and Specifica-
tians setting farth in detail the'requirements far the canstruc-
tian af the Project, '
2.4.2 The Architect shall assist the Owner in the preparatian af
the necessary bidding infarmatian, bidding farms,' the Candi-
tians af the Cantract, and the form af-Agreement between the
Owner and Can tractor.
2.4.3 The Architect shall advise the Owner af any adjustments
to. previau? preliminary estimates af Canstructian Cast indi-
cated,by ch:l!lgc::~.i.n ,requirements 0.1' general market canditians,
2.4.4 The-Architect shallassisnhe'Owner-in cannectian with
--
the Owner's-respansibility~for filing 'documents nrequired' for.
,the approval af gavernmental-autharities 'having jurisdictian
aver the Project. '
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, fallawing the Owner's approval of the
COI:lstruction Documents and af the latest preliminary estimate
of Construction' Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
cantracts for constru~tion,
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION C'ONTRACT
2,6.1 The Architect's responsilJility tc) provide Basic Services'
for the Canstruction Phase under this Agreement commences
with the award of the Contract for Construction and term i-
p;ites at th'e earlier of the issuance to. the Owner of the final
Certificate 'for Paymen't or 60 days after the date of Substan-
tial Completion of the Work,
2.6.2 The Architect shall provide administration of the Con-
tract forConstruttion as set forth below and in .the edition of
AlA Document A201, General Conditions of the Can tract for
Canstruction, current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.6.3 Duties, responsibiiities and limitations of authority of the
Architect shall not be /estricted; modified ot extended without
written agreement of the Owner and Architect with consent of
the Contractor, which, consent shall not be unreasonably
withheld,
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
B141-1987 2
WARNING: Unlicensed photocopying violates U.S, copyright laws and Is subject.to legal prosecution,
2.6.4 The Architect shall be a representative of and shall advise quantity of the W ork,(2) reviewed construction means, meth-
and consult with the Owner (1) during constructlonuntil final ods, techniques, sequence~or procedures, (3) reviewed copies
payment to the Contractor is due, and (2) as an Additional Ser- of requisitions received from Subcontractors and material sup-
vice at the Owner's direction from time to time during'the cor- 'pliers and other data requested by the Owner to substantiate
rection period described in the Contract for Construction, The the Contractor's right to payment or (4) ascertained how or for
Architect shall have authority to act, on ,behalf of the Owner what purpose the Contractor has used money previously paid
only to the extent provided in this Agreement unless otherwis~on account of the Contract Sum, except as Rrovided
modified by written instrument, ",' in subparagraphs ,2.6'.5 and 2. {). 6.
',' ,,2.6.11 The Architect shall have authority to reject Work which
2.6.5 The Architect shall visit t~~ site adntervals appropriate does not conform to the Cpntract Documents, Whenever the
to the stage of construction or as otherwise 'agreed by the Architect consiclers it necessary or advisable for implementa-
Owner and Architect in writing to b-ecome generally' fainiliar tion of the intent of the Contract Documents, the Architect will
with the progress and quality, of the Work completed and to have authority to,require additional inspection or testing of the
determine in general if the WOIkis being performed,jn a man- Work in accordance with the provisions of the Contract Docu-
ner indicating that the Work when completed will be in' accor- ments, whether or not such Work. is fabricated,' installed or
'dance with the Contract Documents, However, the Architect completed, However, neitheqhis authority of the Architect nor
shall not be required to make exhaustive or con_tlnuous on-site a decision made in good faith either to exercise or not to exer-
inspections to check the quality or quantity o,f the Work, On cise such authority shall give rise to, a duty or responsibility of
the basis of on-site observations as an'architect, the..Archltect the Architect to the Contractor, Subcontractors, material and
shall keep the Owner inform~d of the progr~ss,'ahci; quality of equipment suppliers" the~i ,agents or employees or other per-
the Work, and shall endeavor to guard the Owner "against' sons performing portIons of the Work, \
defects and deficiencies in ,ttie Work, (More ex~r;nsive site
representation may be agreed to as an Additional Service, a~
described in Paragraph 3,2.) , - ,
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~
2.6;6 The Architect. shalr.not have coritrol over or charge of
and shallliot be responsible fOf: construction means" methods,
,techniques" sequences or procedures, or for safety precautions
and programs in connection with the Work, sihce 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 Work in accor-
dance with the Contract Documents, The Architect Shllll not
hll. c comrol over or charge of aCES or OI~~issions of the Centrac
tor, StlbC6f1trJCIOr~, or their agef1t~ ,Qr,.~ffiplo)cc~, or of lU."
other persons performing PQrtiOAS of the Worle
2.6.7 The Architect shall at all times have access to the Work
wherever it is in preparation or progress,
2.6.8 Except as may otherwise be provided in the Contract
Documents or when direct communications have been spe-
cially authorized, the Owner and Contractor shall communicate
through the Architect. Communications by and with'th, e A;jtrchi-
tect's consultants shall be through the Architect.
2.6.9 B:lSed on the Architect's~~~~~~ a1uatio , of
the Contractor's Applications fQr Payment, the Archit~ct shall
review and certify the amounts due the C?ntractor.
I\..QA)
2.6.10 The Architect's certification for payment shall consti-
tute a representation to the Owner, based on the Architect's
Qf)"~~~IB16Site as provided in Subparagrap~ 2,6.5 and
, on the data comprising the Contractor's Application for Pay-
, ment, that, to the best of the Archi\ect's knowledge, il,1fonmi-
tion and belief, the Work has progressed to the point i!1dicate0
and the quality of Work is in accordance with the Contract
Doc'uments, The foregoing representations are subject to an
evaluation of the Work for conformance with the Contract
Documents' upon Substantial Completion, to results of subse- '
quent tests and inspections, to minor deviations from the Con-
tract Documents correctable prior to completion and to spe'
cific qualifications expresseq by the Architect. The issuance of a
Certificate for Payment shall further constitute a representation
that the Contractor is entitled to payment in the amountcerti-
fied, However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has (1) made exhaus-
tive or continuous on-site inspections to check the ,quality or
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop
Drawings, Product Data and Samples, but' only for the limited
purpose of checking: fbr conformance ~ith information given
and the design concept expressed in the Contract Documents,
The 'Architect's action shilll be taken with such reasonable
promptness as to cause no delay in the Work or in the con-
struction of the Owiler or' of separate contractors, while allow-
ing sufficient time in the Architect's professional judgment to
permit adequate review, Re~iew of s'uch submittals is not con-
ducted for.the purpose, of determining the accuracy and com-
pleteness of other details such as dimensions and quantities or
for substantiating instructions for installation Or performance of
equipment or systems designed by the Contractor, all of which
remain the responsibility of the Contractor to the extent
required by the Contract Documents, The Architect's review
shall, 'not constitute approval of safety precautions or, unless
otherwise specifically stated'by the Architect, of construction
means, methods, techniques, sequences or procedures, The
Architect's approval of a', specific item shall' not indicate
approval of, an. assernply of whic,h the item is a component.
When professional certification C)f,performance characteristics
of materials, systems or equipmei-n is required by the Contract
Documents, the Architect shall be entitled to rely upon such
certification to establish that the materials, systems or equip-
ment will meet the performance, criteria required by the Con.
tract Documents,
2.6.13 The Architect shall prepare Change Orders and Con-
struction Change Directives, with supporting' documentation
and data if deemed necessary by the Architect as' provided in
Subparagraphs 3,1.1 and 3,3,3, for the Owner's approval and
execution in accordance, with the Contract Documents, and
may authorize' minor changes in the Work not involving an
adjustment in the Contract'Sum or an extension of the Contract
Time whiCh are not inconsistent with the intent of tile Contract
Documents,
2.6.14 The Architect shall, conduct inspections to determine
the date or dates of Substantial Completion and the date of final
completion, shall receive and forward to the Owner for the
Owner's review and recordS written warranties and related
documents required by the C~mtract Documents and assem-
bled !;>y,theContractor, and shall issue a final Certificate for Pay-
ment upon compliance with the requirements of the Contract
'Documents,
3 8141-1987
AlA DOCUMENT 8141 . OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION . AlA~ · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, o,c. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution,
2.6.15 The Architect shall interpret and decide matters con-
cerning,performance of the Owner and Contractor under the
requirements of tlie Contract. Documents on written request of
either the Owner or Contractor. The Architect's response to
such requests shall be .made with reasonable promptness and
within any time limits agreed upon,
2.6.1,6 Interpretations and decisions of the Architect shall be
consistent with the intent of and reaSonably, inferable from the
Contract'DocUmefltS and shall be in writing or in ,the form of
drawings, When making such interpretations and: initial deci-
sions, the Architect shall endeavor to s~cure 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"
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 COf]tract Documents,
2.6.18 The Architect shall render written decisions, yvithin a
reasonable time on all claims, disputes or other matters in qiles-
tion between, the Owner and Contractor relating to the execu-
tion or progress of the Work as provided in the' CQntract
Documents,
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in S,ubp~ragraph 2,6',17, ~,~I ~ ~~9
proVided In thiS .^,greement an I ~ ,
" , ' P.,
, '
ARTICLE 3
ADDITIONAL SERVICES
cw
3.1 GENERAL
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 compensation for Basic Services, The services
described under Paragraphs 3,2 and 3,4 shall only be provided
if authorized or confirmed in writing by the Owner. If services
described under 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 are not required, the Architect shall have no obli-
gation to provide those services,
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the; 'site than is
described in Subparagraph 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 as agreed by the Owner and Architect, The
duties, responsibilities and limitations of authority of Project
Representatives shall 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 th'e observations by, such Project Represen-
, tatives, the Architect shall,endeavor to provide futther protec-
tion for the Own~r 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 fa~l-
ure to render decisions in a timely manner.
" I'
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-
tationand 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 deficiencies in the Work of the <'1..\
Contractor, or by failure of perforniance of either the Owner or ~
Contractor under the Contract for Construction, $ee .0.. '"
'special stipulat~ons \fU.4J~'
3.3.7 Providing services in evaluating an extensive number of
claims submitted by the Contractor or ?thers in conneqion
with the Work,
3.3.8 Providing services in connection with a public hearing:'l oJ
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- u<AJ
tion or construction prior to the completion of the Construc-
tion Documents Phase, see special stipulations
3.4 OPTIONAL ADDITIONAL SERVICES ,~~
3.4.1 Providing analyses of the Owner's needs and prograrT),
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 8141 . OWNER.ARCHITECT AGREEMENT. FOURTEENTH EDITION · AIAl!l . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" 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 an'd
submissions required for approvals of governmentalauihorities
or others having 'jurisdiction over the Project: '
3.4.5 Providing services, relative, to future facilities, systems
and equipment, "
3.4.6' Pro'iiding ser'/ices to iflyestigatE! E!JH51iflg cElReitiGR6 Of
facilities Of to make ffiell5\:Jred' drawing.s 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
cjP Owner. ,
1/!J~'4'10 Providing detailed estimates of Construction Cost.
see special stipulations
3,' .4,',11, Providing detailed quantity surveys or inventories of
, material, equipment and labor. ""
3.~;12 Providing analyses of,owning and operating costs,
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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 ProYiding services for planning tenant ,or rental,spaces,
~~ ' '".
3.4.15 Making investigations, inventories of materials or eqUip-
ment, or valuations and detailed appraisals of existing facilities,
,)6 3.4.16 Preparing a set of reproduciqle record drawings show-
'~ing significantj changes in the Work made during construction
, , based on mar.ked-up prints, drawings and other data furnished
by the con~ractor to the Architect, - ,se~ spec~al
3 417 'p " 'd' , 'h 'il' stlDulatlons
. .' roVI 109 assIstance 10 t e ut llatIon 'OF'eqUlpment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training' personnel for
operatjon and maintenance, and consultation during operation,
3.4.18 Providing services after iss'uance to the Owner of the
final Certificate for Payment, or in the absence 'of a final Cer-
tificate for Payment, more than 60 days after the date of S\:Jb-
, , stantial Completion of the Work, '
d 3.4.19 Providing services of consultants for other than archi-
~ tectural, structural, mechanical and electrical' engineering por-
~ici.lns of the Project provided as' a part of Basic Services,
, I , see special. stlpulations
. ,3.4.20 Providing any other services not othervvise included in
thL'i Agreement or not customarily furnished in accordance
with generally accepted architectural practice, - "
ARTICLE 4
OWNER'S RESPONSI8ILI:T1ES.
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,
4.2 The Owner shall establish and update an overall budget for
the Project,.including the Construction Cost; the Owner's other
, , costsand,reasonable'contingencieS,~e1ated to 11 of these costs.
4.3 If requested by the Archite~t, ~tie' Owner shall furnish' e\i-
dence that financial arrangements have been made to fulfill tlie
Owner's obli,gations under this Agre,ement. .\
, ,
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 authorize,! represe'ntative shall 'render decisions
in a timely manner per~aining t9 documents submitted by the
Architect in order to avoid ,urinias6nable delay in the orderly
and sequential progress of the Architect's services,
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations an'ct'utilitylocations 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
proper,iy and structures; adjacent' drainage; rights,of-way,
res'trictions, 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, incIl.lding inverts and depths, All the information
on th~survey s~all_})~ ~e!~[~nced to a Project benchmark,
4.6 The Owner ~haIl fu{nisl1 thesefvices ofgeotech'niCaI engi-
neers when s,ud-i services are requested by the Architect. Such
services may include but are not limited to test borings, test,
pits, determinations Of, soil bearing, values, percolation tests, .-....., '~-Q
evaluations of hazardous materials, ground corrosion and resis- ..:y
tivity tests, including necessary operations for anticipating sub-
soil conditio~s, wit~ reports and appropriate professional '~J)t
recommendatIons, SIX test borings to be supplied by the Architect,k If
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 pollqtion tests, ,tests for hazardous materiais, and
other laboratory and"environmental tests, inspections and
reports required by, law or the Contract Documents:
4.8 The Owner shall furnis~ all.1egal, 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 Contraqor's Applications for Payment o~ to ascertain
how or for what purposes the Contrilctor ha.<i used the money
paid by or on behalf of.the C?wner: '
4.9 The services,informariqn, su,r.veys':l!ld 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 complet~ness th~reof.
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 8141-1987
AlA DOCUMENT 8141 . OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION' AlAI!> . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON; D,C. 20006
WARNING: Unlicensed photocopylng.viola~es U.S. copyright laws and is subject to legaJ P,rosecutlon,
partie is Agreement arising out of or relating to this Agree-
ment or breadi shall be subject to and decided by arbi-
5.2.3 If the ,Bidding or Negotiation Phase _haS",p;t commenced tration in- accordance wit onstruction Industl-y Arbitra-
within 90 days after the, Architect submitS -the Construction d:J tion Rules of the Arri~rican Arbitration iation currently in
Documents to the Owner, any Project budget or ,fixed limit of ' ,
Constructi~m Cost shall be adjusted to < reflect changes in the' " .
geperallevel of prices in tl)e construction industry between the
date of submission of the Construction Documents to the other 'to this Agreement and with the American Arbitra-
Owner and the d~te on 'Yhich proposals are sought. tion Associatio, emand for arbitration shall be made within
a reasonable time after !aim, dispute or other matter in
5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen, In no event s e demand for arbitration
vided in Subparagraph 5,2,3) is exceeded by the lowest bona be made after the date wheri institution al or equitable
fide bid ~r negotiated proposal, the .owner shall: , ." J1> prC?ceedings based on such claim, dispute or othe, , t~r in
..1 give written approval, of an increase in such fixed. , '
.2 ::;~_ "b;dd.ng o. "nego"";n. of the pm,,,tM~=!i:;::.E:.~ ~
,wtthm a reasonable time; . F: additional p€i'SeI1 or enttty net a party to-this Agreement,
..
,ARTICLE 5
,CONSTRUCTION COST
5.1' DEFINITION
5.1.1 The Construction Cost shall be the totaI cost or esti-
mated cost to the Owner of all elements of the Project designed
or specified by the Architect,
5.1.2 The Construction Cost shall include the cost at current
market r,ates, 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 th,e Con-
tractor's overhead and profit:, In addition, a reasonable allow-
ance for contingencies shall be included foqnarket 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 t~e land,
rights-of-way, financing or othercostswhich are the,respon-
sibility of the Owner as provided in Article 4,
5.2 RESPONSIBILITY FOR 'CON,STRUCTION COST
5.2.1 Evaluations 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;- howe-ver, 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 bid prices, or over competitive-bidding, market
or hegotiatingconditions, 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 Cose-shall be established
as a condition or this Agreement by the furnishing, proposal or
establis]1ment of a' Project budget, unless such fixed limit has
been agre~d upon in'writing and signed by the parties hereto, If
such a fixed limit has been established, the Architect shall be
permitted to"iriclude contingencies for design, bidding and
price escalation, to determine what materials, equipment, com.
ponent systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustnlents 'in
the scop~ of the Project ;md to inclu9c::.i.i1ttieS;:ontr~ctpocu-
ments alternate bids to adjust the Corisitucfjon Cost to the fixed
limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum 'occurring after execu,tion of the
Contract for Construction, '
.3 if the Project is abandoned, terminate in' accord;mce'
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 Document~ as necessary to comply with the fixed liniit, if
establishe,d,as ;~ condition of this Agree'ment. The modification
of Contract Documents shall be the limit of the Architect's
responsibility oarisii1g olii'o(the'esiiblishment of a fixed linilt..,
The Architect shall be entitled to_compensation in accordance
with this Agreement for all serv.ices performed whether or not
the Construction Phase is commenced, see special ~
stipulations '~~
ARTICLE 6 T.
USE OF ARCHITECT'S DRAWINGS, Qij)
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications 'anel 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 alithor 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 arid 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
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N,W" WASHINGTON, D,C, 20006
B141-1987 6
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,
thl reement signed by the Owner, Architect, and any other
person 0 tity sought to be joined, Consent to arbitration
involving an a 'ional person or entity shall not constitute
consent to arbitration any claim, dispute or other matter in
question not described in t ritten consent or with a,person
or entity not naJ)1ed or describe . ein, The foreg<?ing agree-
I ment to arbitrate and other agreemen arbitrate with an
additional person or entity duly cons~nted to the parties to
this Agreement shall be 'specifically ,enforceable in a rdance
, '
~. . '7.4 T. he award refldered by the ar. bitrator or arbitrators sh~l be
final, and jl:1dgment may be eRtercd t1pOfl it ifl :J.ccordaflcc "" ith
_ applicable law in any COlolft ha"ihg jHrisdiction thereof ' '
fjJ ARTICLE' 8
TERMINATION, SUSPENSION OR ABA.ND9N"'ENT
8.1 This Agreement may be terminated by either. party upon
not less than seven days' written notice shoulc! the other party
fail substantially to perform in accordance with the- terms of this
Agreement through no fault of the p;u:ty initiating the termination,
8.2 If the Project is suspended by the Owner for'more than 30
consecutive days, the Architect shall be compensated. for sere
vices performed prior to notice of such suspension: When the
Project is resumed, the Architect's compensation shall beequi-
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 performance 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 'cIamagecaused'the' Owner because
of such suspension of: services, '
8.6 In the event of terminati~l}_not the 'fault of the Architect,
the Architect shall b~ compensated for services performed prior
to termination; together.with,ReimbursableExpensesthen due
and all Termination Expenses as defined in Paragraph 8,7,
_. - --- .,
8.7 Termination Expenses are in addition to compensation for
Basic and Additional Services, and include e?Cpense~rwhich are
directly attributable to termination, rermination .Expenses shall
be computed as a percentage of the total compensation for
Basic Services and Adc!.itional Services earned to the time of ter-
minati~m, as'follows:
.1 Twentipercent of tfie'iotaf compensation'Jar BaSic
and AdditionaLServices,earned,todate)f termination'
O,ccurs before or during thepredesign,site,analysis, or
Schematic.Design Ph,ases; 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 date if terInination
occuTs during any subsequent phase,
ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 Unless otherwiseprovided, ,this ,Agreement shall be gov-
erned by the law of the principal place of business of the
Architect.
9.2 Terms'in this Agreement snail have the same meaning as
those in AlA DocumentA20 I, General Conditions of the Co'n-
tract for Construction, current as of.the date ofthis 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 and' the applicable statutes of limitations shall com-
mence to run not late( than either the date of Substantial Com-
pletion for acts or failures to act occurring prior to Substantial
Completion, or the date bf 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 and against the contractors, consultants, agents and
employees of the other, for ciamages, but only to the extent cov-
ered by property insurance during construction, except such
right~ as they may have to the proceeds of such insurance as set
forth in the edition of AlA Document A20 I, General Conditions
of the Contract for Construction, 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 Agreemerit without the written con-
sent of the other,
9.6 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all
prior negotiat!ons, ',representations or agreements, either writ-
ten or oral. This Agreement may be amended only by written
instrumen~ signed by both Owner and Architect.
9.7 Nothing contained in this Agreement shall create a contrac-
tual relationship, with or a <;ause 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 .shaIl 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, including 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 t11e Architect's promotional and
professional materials, The Architect's materials shall not
include the Owner's confidential or proprietary information if
the, Own~r has previously advised the Architect in writing of
7 8141-1987
AlA DOCUMENT 8141 . OWI'lER-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 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred' by the Architect and Architect's employees and con-
sultants in the interest of the Project, as identified in the follow-
ing Clauses,
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorizedout-of-town
travel; long-distance communications; and fees paid for secur-
~'n approval of authorities having jurisdiction over the Project:
," ., see special stipulations, ' .'
1'YI!.rl) 1 .2.1.2 Expense bt re.prow. cHons, postage ancl han.dhng of
1..-fV. Drawings, Specifications and other documents, , ,.
10.2.1.3 If authorized in advance by the Owner', expense of
co> 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 liniits,
including professional liability insurance, requested by the
Owner in excess of that normally carried by the Architect and
Architect's consultants,
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 ~ASIC 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 11.5 ,1 of this Agreement is exceeded or extended
through no fault of the Architect; compe;nsation 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-
struction Cost ,md 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 (1) 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 inc'urred,
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 pa);ments 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' times,
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of N / A Dollars ($
shall ,be made upon execution of this Agreement and credited to the Owner's account at final payment,
)
11.2 BASIC COMPENSATION
11.~.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, -Basic
_~!=om.l~<::nsNio,t;lshall be comp,ut<::d as follows: _ " . ",d<,'
(Insert basis oJcompensatiol/, includil/g stipulated sums, multiples or percel/tages"al/d identify pbases to wbicb partiCIIlar metbods oj compel/satir'" apply, if
necessary.) .... . -.. .. .
.
Lump sum fee of $19,800.
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
B141-1987 8
WARNING: Unlicensed photocopying violates U,S, copyright laws and is subject to legal prosecution_
11.2.2 Where compensation is ba;;ed 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:'
(Insert additional phases as appropriate.)
Schematic Design Phase:
Desigri Development Phase:
Con~tructi(:m Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
percent (1 5 %)
percent <2 0 %)
percent (4 0 %)
_ percent ( 5 %)
, percent (2 0 %)
one hundred percent (100%)
Total B~ic Compensation:
11.3 'COMPENSATION FOR ~DDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3-,2, compensation shall,be com-
puted as follows: '
N/A
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and. 12, 'other than (1) 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: - " "
(Insert basis (~l co/upeJlsatio1/, ine/udin!!, raies and/or IUUltljJ/eS of Direct Personnel Expense lor Principals and employees, (l!1~~ t"dcllllfy Pri11~lj)als and c/assifv
employees. if required. Idellt~/l' sf1ec~fi'c seruices 10 wbicb particular metbods of compell.\'alioJl appZv. if llecessar.}'.J .
Principal's time at a fixed rate of eighty-five dollars ($85.00)
ber hour for the purpose of this agreement, the princ~pal is
Roger W. Davis.
Supervisory time at a ~ixed rate of sixty-five dollars ($65.00),
per hour for the purpos~ of this agreement, the,s,up~rvisory
personnel is R. Scott Davis.
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, inclucling additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 3,4,19 or identified in Article 12 as part of Additional Services, a multiple of
one point one ( 1.1) times the amounts billed to the Architect for such services,
(Identify specific types of consultants in 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 multiple of one point one 1 . 1 ,) times the expenses 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 ~ervices beyond that time shall be
compensated as provided in Subparagraphs 10,3,3 and I I ,3,2, ' -,
11.5.2 Payments are due and payable twenty ( ,20) days from the date of the Architect's invoice,
;' hilWIRM ttR~oj8 ' - ( ) sa} 8 lIfi@r tR@ iR"8i€Jil olatil CRail BilGr iRtilFil~tat tR@ rat8 @Rtoril8 Bl!lfn~ , or
. in eLl R8Bep\ee tkere8f ~t tke legal f8l0 flf0H8HiRg KQFR ti~g tg tiaa..- Ht ..1,4" F..~~~~F~l pl..,l"'~ r-.f hnc'n~C"C' r..f th~ A..,..l, ~t~rt see. '
, (Insert rate of interest agreed upon) -, " ' . 1 t " 1 t' '
, , " speCla s lpU a lons
- ,
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local corzsumer credit laws andother regulations at the Owner's and Archi-
l\) tect's principal places of business, the location of the Project arid elsewhere may affect the validity of this provision Specific legal advice should be obtained with
V respect to deletions or modifications, and also regarding requirements such as writtetl disclosures or waivers.)
9 8141.1987
AlA DOCUMENT 8141 . OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" · @]987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, NW" WASHI~GTON, D,C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
11.5.3 The rates ~nd 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
(Insert descripllons of otber services, identify Addillonal Seroices included witbin Basic Compensallon and modificallons to tbepayment and compensation terms
included in tbis Agreement.)
/1JMj ~
fj'r 1 2 . 1
~1~
~ f:?3.
tI~ In
Long distance phone calls/faxes, and mileage expenses are
included in the fee outlined in paragraph 11.2.1. Except
if in conjunction with a site visit to another project
related facility required by the Owner.
Reproductions of plans and specifications (10 sets) ate
included in the fee outlined in paragraph 11.2.1. Additional
copies, if any, will be filled in accordance with paragraph
10.2.1.2.
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
~aives any right to contest the venue in the Superior Court of
Richmond County, Georgia.
consideration of Ten Dollars ($10.00), receipt and sufficiency of which is
hereby ,acknowledged 'by the CONSULTANT and any of its' subcontractors will
indemnify and save harmless ,and defend the City/County from suits or actions
of every name and description brought against the City/County based on
personal injury, bodily injury (including death) or property damages
(including destruction) received or claims and expenses to be received or
sustained by any person or persons arising from or about any negligent act or
omission of the CONSULTANT or its subcontractors, its agents, employees, or
assigns in providing the professional services called for herein.
This Agreement entered into as of the day and year first written above.
OWNER
\ ,
~d-:
(, ,
m.1
~u--gkIG~J"6L
ARCHITECT
~tu( (kr<,'
j2e)c;~ W, CD..4 VIS - f~r.
(Printed name and title)
TIIlI tlocum,nt IIIpt1~14 AI 1\ ~
~n ':z. to ~
CAUTION: You should si rr~n' or glnalAIA document which has this caution printed in red.
An original assures that changes wiilnot be obscured as may occur when documents are reproduced.
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT' FOURTEENTH EDITION . A1A~ . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006
8141.1987 10
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sUbJect to legal prosecution.
~
r 2.6.5.
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cy)tJ 2.6.6
~tJfL
~~..10
~~~6
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fJW ~2.1.1
~~.1.5
..
Page 1 of 2
SPECIAL STIPULATIONS
Add: The Architect will make on-site inspections of the
project, not less than at weekly intervals, as part of the
Basic Services during the Construction Phase.
Add: The Architect shall not have control over or charge
of acts or omissions of the Contractor, Subcontractors, or
their agents or employees, or any other persons performing
portions of the work; provided, however, nothing herein
shall be construed as relieving the Architect from
responsibility or liability for such acts or omissions as
would be revealed or discovered in an on-site inspection,
as provided herein, performed in accordance with the
exercise of reasonable and ordinary care.
Add: "except as a result of the failure of the Architect
to have discovered same in an on-site inspection, as
provided herein, performed in accordance with the exercise
of reasonable and ordinary care.
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
relations to the budget for same.
Architect shall provide as a part of the Basic Services two
(2) sets of "Record Drawings" indicating significant
changes to the project.
Add: "subject 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 to
provide the following insurance coverage during the term of
the project and in the minimum amounts stated below:
SCHEDULE
LIMITS
Workers' Compensation
Statutory
Employer's Liability
1) Each Accident
2) Disease, Policy Limit
3) Disease, Each Employee
$ 100, '000
$ 500,000
$ 100,000
General Liability
1) Each Occurrence (Bodily injury
and property damage)
2) General Aggregate
$ 500,000
$1,000,000
, '.
-*~ -;
Page 2 of 2
SCHEDULE
LIMITS
Excess or Umbrella Liability
1) Each Occurrence
2) General Aggregate
$1,000,000
$1,000,000
Automobile Liability
1) Combined Single Limit
(Bodily injury and property damage)
Each Accident $ 500,000
Other (Specify): Professional Liability
$ 500,000
By Owner: Self-Insured
'l:tlu3s1g P"'['~r~
~::~::~;P:~::"~~: ;:~:;"c::,::,;:) ~.m." 0< on
;:tnn;t-;nn.=ll
An insurer will write said insurance holding a current
certificate of authority pursuant to Georgia Statutes.
Before commencing any work on the project, Certificates of
insurance approved by the Augusta-Richmond County office of
Insurance and Risk Management evidencing the maintenance of
said insurance will be furnished to Augusta-Richmond
County. The certificates will provide that no material
alteration or cancellation, including expiration and non-
renewal, will be effective until fifteen (15) days after
receipt of written notice by the City/County.
;}:J'n.5.2
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.