HomeMy WebLinkAboutNicholas Dickinson and Associates,P.C.
Augusta Richmond GA
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BOX NUMBER: 03
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AlA Document 8141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUlHENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS CO,HPLETlON OR ,VODIFfCA TlON.
AGREEMENT
made as of the
Nineteen Hundred and
19th
Ninety-Five
day of
------
June
in the year of
BETWEEN the Owner:
The City Council of Augusta, GA.
530 Greene Street
Augusta, Georgia 30911
(Name and address)
and the Architect:
(Name and address)
Nicholas Dickinson & Associates, P.C.
306 Sixth Street
Augusta, Georgia 30901
For the following Project:
(Include detailed description of Project, location, address al/d scope.)
SEE ATI'ACHMENT "A" ENTITLED PROJECI' DESCRIPTION ~VHICH IS ATI'ACHED HEREI'O
AND INCORPORATED HEREIN.
The Owner and Architect agree as set forth below.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1%3, 1966, 1%7, 1970, 1974, 1977,@1987byTheAmerican1nstitute
of Architects, 1735 New York Avenue, N,W" W~5hington, D,C. 20006, Reproduction of the material herein or substantial
quotation of its provisions without written perm:ss:on of the AlA violates the copyright laws of the United States and will be
subject to legal prosecution, '
AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT' FOURTEENTH EDITION 0 AlA- . <S) 1987
THE AMERICA.'lINSTITVTE 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.
"
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHiTECT
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1,1 ARCHITECT'S SERVlCES
1,1,1 The Architect's services consist of those services per.
formed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement
and an yother services included in Article 12,
1,1,2 The Architect's services sh:ill be performed as expedi-
tiously as is consistent with professiqnal skill and care and the
orderly progress 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 shall not, except for re4ISOnable 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 OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2,1.1 The Architect's Basic Services consist of those described
in Paragraphs 2,2 through 2,6 and any other services identified
in Article 12 as part of Basic Services, and include normal struc.
rural, mechanical and electrical engineering services,
2,2 SCHEMA TIC DESIGN PHASE
2,2,1 The Architect shall review the program furnished by the
Owner to ascertain the requirements of the Project and shall
arrive at a 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 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 Architect shall review with the Owner alternative
approaches to design and consuuction of the Project.
2.2.4 Based on the murually 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 sh:ill submir to the Owner a preliminary
estimate of Construction Cost based on current area, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT 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 Archirecr 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 adjusunents
10 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 adjusunents 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 Spedfica-
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
10 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 ruing documents required for
the approval of governmental authorities having jurisdiction
over the Project.
2.5 BIDDING OR NEGOnA TION PHASE
2.5.1 The Architect, foUowing the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, sh:ill assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction,
2.6 CONSTRUCTION PHASE-ADMINISTRA nON
OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences
with the award of the Contract for Construction and termi.
nates at the earlier of the issu;mce to the Owner of the final
Certificate for Payment or 60 days after the date of Substan-
tial Completion of the Work,
2.6.2 The Architect sh:ill provide administration of the Con.
tract for Construction as set forth below and in the edition of
AlA Document AZO I, General Conditions of the Contract for
Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.8.3 Duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without
written agreement of the Owner and Architect with consent of
the Contractor, which consent shall not be unreasonably
withheld.
AlA DOCUMENT 81410 OWNER,ARCHITECT AGREEME....,. ;. FOliRTEENTH EDITION. AlA" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W',. W'ASHINGTON, D,C. 20006
8141.1987 2
WARNING: Unllcenaed photoc:opylng vfoIates U.S. copyright laws and Is subject to legal prosecution.
" ~
7
2.6.4 The Architect shall be a representative of and shall advise
and consult with the Owner (1) during conslruction until final
payment to the ContraclOr is due. and (2) as an Additional Ser-
vice at the Owner's direction from time to time during the cor.
rection period described in the Contract for Construction, The
Architect shall have authority to act on behalf of [he Owner
only to the extent provided in this Agreement unless otherwi~
modified by written instrumenl.
2.6.5 The Architect shall visit the site :H inter;als appropri:ue
to the stage of construction or as otherwise agreed by the
Ov.-oer and Architect in writing to become generally familiar
with the progress and qualitv of the \X'ork completed and to
determine in general if the \X'ork is being performed in a man-
ner indicating that the Work when completed will be in accor'
dance with the Contract Documents, However. the Architect
shall not be required to make exhaustive or continuous on,site
inspections to check the quality or quantity of the Work. On
the basis of on-site observations as an architect, the ..\rchitect
shall keep the Owner informed of the progress and quality of
the Work, and shall endeavor to guard the Owner against
defects and deficiencies in the Work. (.\fore eX(t>/lsi/'e site
representation may be agreed (0 as WI Additiol/al Serda', as
described in Paragrapb 3,.2.)
2,6.6 The Architect shall not ha\'e control over or charge of
and shall not be responsible for construction means. methuds,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work. since these arc
solely the ContraclOr's responsibilit\' under the Contract for
Construction, The ,-\rchitect shall not be responsible for the
Contractor's schedules or failure to carry out the \X'ork in accor-
dance with the Contract Documents, The :'..rchited shJl1 not
ha\'e control over or charge or' Jets ur umissiuns (,r' the C()ntrac.
lOr. Subcontractors, or their agents or emplo\-ees. or ur' any
other persons performing portions of the Work,
2.6.7 The Architect shall at all times ha\'e access to the Work
wherever it is in preparation or progres~,
2.6.8 Except as may otherwise be pro\'ided in the Contract
Documents or when direct communications have been spe-
cially authorized. the Owner and Contractor shall communiclle
through the Architect. Communic:llions b\' and with the Archi-
tect's consultants shall be through the Architect.
2.6.9 Based on the Architect's ubserTations and c\'aJuatiuns of
the Contractor's Applications fur Payment. the Architect sh:lll
review and certify the amounts due the ContractOr,
2.6.10 The Architect's certification for payment shall consti-
lUte a representation to the Owner. based on the :\rchitect's
observations at the site as pro\'ided in Subparagraph 2,6.5 and
on the data comprising the Contractur's Applicatiun for Pay-
ment. that the Work has progressed to the point indicated and
thal. to the best of the Architect's knowledge. information and
belief. quality of the Work is in accordance with the Contract
Documents, 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 ((') completion and to spe.
cific qualifications expressed by the Architect. The issuance of a
Certificate for Payment shall further constitute a represenu!ion
that the Contractor is entitled to payment in the ;unount certi-
fied, However. the issuance of a Certificate for Payment shall
not be a representation that the Architect h:Ls (I) made exhaus-
tive or continuous on-site inspections to check the quality or
quantity of the Work, (2) reviewed conStruction means. meth-
ods. techniques, sequences or procedures. (3) reviewed copies
of requisitions received from Subcontractors and material sup'
pliers and other data requested by the Owner to substantiate
the ComraclOr's right to payment or (4) ascertained how or for
what purpose the Contractor has used money previously paid
on account of the Contract Sum,
2.6.11 The Architect shall have authority 10 reject Work which
does not conform to the Contract Documents, Whenever the
Ar:::hitect considers it necessary or advisable for implementa-
tion of the intent of the Comract Documents. the Architect will
ha\'e authority to require additional inspection or testing of the
Work in accordance with the provisions of the Contract Docu-
ments. whether or not such Work is fabricated, installed or
completed, Howe\'er, neither this authority of the Architect nor
a decision made in good faith either to exercise or not to exer.
cise such authorit\' shall give rise to a dUlY or responsibility of
the Architect to the Contractor. Subcontractors, material and
equipment suppliers. their agents or employees or other per.
sons performing portions of the Work,
2.6.12 The Architect shall re\'iew and appro\'e or take other
appropriate action upon Contractor's submin:lJs such as Shop
Drawings, Product Data and Samples. but only for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents,
The Architect's ;Jction shall he taken with such reasonable
promptness as to cause no delay in the Work or in the con-
strunian of the Owner or of separate contractors, while allow.
ing sufficiem time in the Architect's professional judgment to
permit adequate re\'iew, Review of such subminals is not con-
dUded for the purpose of determining the accur:ICY and com-
pletcnes,,; of other details ..;uch ~b dimensiuns and quantities ur
fur substantiating inSln.lctions for installation ur perfurmance of
equipmem or s\'stems designed by the Contractor. all of which
remain the responsibility of the ContrJctor to the extent
required b\' the Contract Documents, The Architect's review
shall not constitute approval of safet\' precautions or. unless
otherwise specit1caUy staled b\' the Architect. of construction
means, methods. tt:chniques, sequences or procedures, The
Archilect's apprm'aJ of a specific item shall not indicate
appru\'aJ of an assembh' of which the item is a component.
When professional certitication of performance characteristics
of materials. systems ur equipment is required by the Contract
Documents, [he Architect sh:lJl be entitled to rely upon such
certification [0 establish that the m;llerials, 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 bv the Architect as provided in
SubparagrJphs ),1,1 and 3,3,3. for the Owner's approval and
execution in accordmce with the Contran Documents, and
may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of (he Contract
Time which are not inconsistent with the intent of the Contract
Documents,
2.6.14 The Architeer shall conduct inspections to determine
the date or dates of Substantial Completion and the date of final
completion. shall receive and forward 10 the Owner for the
Owner's review and records wrinen warranties and related
documents required by the Contract Documents and assem-
bled by (he Contractor, and shall issue a final Certificate for Pay-
ment upon compliance with the requirements of the Contract
Documents,
3 8141.1987
AlA DOCUMENT 8141 . O\X':-IER'ARCHITECT AGREEMENT · FOURTEENTH EDITION' AlA- . @1987
THE :\.\IERlCA:-I IMTITl'TE OF .....RCHITECTS, 1735 :'<IEW YORK AVENUE. N,W" WASHtNGTON, D,C. 20006
WARNING: Unllcensed,photocopylng violates U.S, copyright laws and is subject to legal prosecution.
'.
;
2.6,15 The Architect sh:l.ll 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 shall be made with reasonable promptness and
within any time limits agreed upon,
2.6.16 Interpretations and decisions of the Architect sh'all be
consistent with the intent of and reasonably inferable from the
Contract Documents and sh:l.ll be in writing or in the form of
drawings, When making such interpretations and initial deci-
sions. the Architect sh:l.ll 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,
2.6,17 The Architect's decisions on matters relating to aesthe-
tic effect shall be fmal if consistent with the intent expressed in
the Contract Documents,
2.6,16 The Architect shall render wrillen 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 progress of the Work as provided in the Contract
Documents,
/
2.6.19 The Architect's decisions on claims, disputes or other
maners. including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2,6. 17, shall be subject to arbitration as
provided in this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
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 heyond the Architect's
control. the Architect shall notify the Owner prior to com~
rnencing such services, If the Owner deems that such ser,ices
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 B.352 currem as of the date of this Agreemem, unless
otherwise agreed,
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3.2.3 Through the obserniions by such Project Represen-
tatives. the Architect shall endeavor to' provide 'funher 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
documems when such revisions are:
.1 inconsistem with approvals or instructions previously
given by the Owner, including revisions made neces-
sary bv 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 Pro\'iding services required because of significant
changes in the Project including, but not limited to, size, qual-
itv, complexity. the Owner's schedule, or the method of bid-
ding or negOli:uing and comr.lcting for construction, except for
services required under Subparagraph 5,2.5,
3.3.3 Preparing Dr.lwings, Specifications and other documen-
tation and supporting data. evaluating Contractor's proposals,
and pro\'iding other services in connection with Change
Orders and Construction Change Directives,
3,3.4 Pro\'iding seryices in connection with e\':uu:lling substi-
'tutions proposed by [he Contractor and making subsequem
re\'isions to Drawings, Specifications and other documentation
resulting therefrom,
3.3.5 Providing consultation concerning replacement of Work
d:iJllaged bv tire or other cause during construction, and fur-
nishing serYices required in connection with the replacemem
of such "('ork.
3.3.6 Providing services made necessary by the default of the
ComractOr. by major defects or deficiencies in the Work of the
Contractor. or b\' failure of performance of either the Owner or
Cl.lOlraClOr under the COntr:lct for Construction,
3.3.7 Providing services in evaluating an extensive number of
c1ain1s submitted by the Comractor or others in connection
with the \\'ork,
3.3.8 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is parly 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 Documems Phase,
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and program-
ming the requiremems of the Project.
3.4.2 Pro\'iding financial feasibility or other special studies,
3.4.3 Providing planning surveys, site evaluations or com-
parative studies of prospective si~es,
AlA DOCUMENT 8141 . OWNER.ARCHITECT ,-I.GREEMENT · FOURTEE:<rrH EDITION · AlAe . @198-
THE AMERICAN INSTITCTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHL"iGTON, D,C. 20006
8141-1987 4
WARNING: Unlk:ensed photocopying violates U.S. copyright laws and is subjec1lo legal prosecution.
3,4,4 Providing special surveys, environmenul studies and
submissions required for approvals of govemmenul 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.
3.4.10 Providing detailed estimates of Construction Cost.
3,4.11 Providing detailed quantity surveys or in ventories 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-
mem, or valuations and detailed appraLc;aJs of existing facilities,
3.4.16 Preparing a set of reproducible record dr3wing~ show.
ing significant changes in the Work made during construction
based on marked-up prints, drawings and other data furnished
by the Contr3ctor to the Architect.
3.4.17 Providing assislal1ce in the utilization '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 date 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,
tions of the Project provided as a part of Basic Services, '
3.4.20 Providing an~' other services not otherwise included in
this Agreement or not customarily furnished in accordance
with generally accepted ,architectural practice,
ARTICLE 4
OWNER'S RESPONSIBILITIES
4,1 The Owner shall provide full information regarding
requirements for the Project, including a progr;un which shall
set forth the Owner's objectives, schedule, constraints and cri-
teria, including space requirements and relationships, flexi-
bility, expandability, special equipment, systems and site
requirements,
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4.2 The Owner shall establish and upcl:lle an overall budget for
the Project, including the Construction Cost, the Owner's other
costs and reasOtuble contingencies related to all of these costs,
4.3 If requested by the Architect, the Owner shaJI furnish evi-
dence that fin,ancial arrangements have been made: to fulftll 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 represenutive 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 limiutions 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-
neers when such 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,
evaluations of hazardous materials, ground corrosion and res is-
ti\'itv tests, including necessary operations for anticipating sub-
soil conditions. with reports and appropriate professional
recommendations,
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 poUution tests. tests for hazardous materials, and
other laboratory and environmenul tests, inspections and
reports required by law or the Comract Documents.
4.8 The Owner shall furnish all1egal, 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,
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4,10 Prompt written notice shall be given by the Owner to the
Architect if the Owner becomes aV;'are 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 81410 OWNER,ARCHITECT AGREEMENT. fOURTEENTH EDITION. AlA- . @1987
THE A."'ERICAl''; INSTITUTE Of ARCHITECTS, 1735 SEW YORK AVENUE, N,W,. WASHJ:IIGTON. D,C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
"
ARTICLE 5
CONSTRUCTION COST
5.1 DEANITION
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 Construction 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 contingencies 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, fmancing or other costs which are the respon-
sibility of the Owner as provided in Anicle 4.
5,2 RESPONSIBILITY FOR CONSTRUCTION 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, however, 'that nei-
ther the Architect nor the Owner has control over the cost of
!:lboI', materials or equipment, over the Contractor's methods
of determining bid 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 flXed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget, unless such flXed limit has
been agreed upon in writing and signed by the panies hereto. If
such a flXed limit has been established, the Architect shall be
permitted to include 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 adjustments in
the scope of the Project and to include in the Contract ~u-
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 after the Architect submits the Construction
Documents to the Owner, any Project budget or flXed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices 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 flXed limit 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 flXed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
,3 if the Project is abandoned, terminate in accorcbnce
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 fixed limit, if
established as a condition of this Agreement. The modification
of Contract Documents ~hall be the limit of the Architect's
responsibility arising out of the establishment of a flXed 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.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
&,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
7,1 Claims, disputes or Other matters in question between the
panies to this Agreement arising out of or relating to this Agree.
ment or breach thereof shall be subject to and decided by arbi.
tration in accordance with the Construction Industry Arbitra-
tion Rules of the American Arbitration Association currently in
effect unless the parties mutually agree otherv.-ise,
7,2 Demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitra-
tion Association. A demand for arbitration shall be made within
a reasonable time after the claim, dispute or Other matter in
question has arisen, In no event shall the demand for arbitration
be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applic:ible statutes of limitations.
7,3, No arbitration arising out of or relating to this Agreement
shall include, by consolidation, joinder or in any Other manner,
an additional person or entity not a party to this Agreement,
AlA DOCUMENT 8141 . OWNER'ARCHITECT AGREEMENT · FOURTEENTH EDmON. AlAe . @1987
THE AMERICAN INSTtTUTE OF ARCHtTECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006
8141.1987 6
WARNING: Unlicensed pho'ocopylng violates U.S. copyright laws and Is subject to legal prosecution.
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except by '\\'ritten consent containing a specific reference to
this Agreement signed by the Owner, Architect, and any other
person or entity sought to be joined. Consent to arbitration
involving an additional person or entity shall not constitute
consent to arbitration of any claim, dispute or other matter in
question not described in the written consent or with a person
or entity not named or described therein. The foregoing agree.
ment to arbitrate and other agreements to arbitrate with an
additional person or entity duly consented to by the parties to
this Agreement shall be specifically enforceable in accordance
with applicable law in any court having jurisdiction thereof.
7.4 The award rendered by the arbitrator or arbitrators shall be
final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof,
ARTICLE 8
TERMINA TION, SUSPENSION OR ABANDONMENT
a,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 termination,
8.2 If the Project is suspended by the Owner for more than 30
consecutive days. the Architect shall be compensated for ser'
\'ices performed 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 ma\' be terminated bv the Owner upon
not less than seven d3Ys' \\TiHen notice to the Architect in the
e\'ent that the Project is permanent Iv abandoned, If the Project
is abandoned by the Owner for more than 90 consecutive days.
the Architect may terminate this Agreement by giving wriHen
notice,
8,4 Failure of the Owner to make payments to the Architect in
accordance with this Agreement shall be considered substantial
nonperformance and C3use for termin3tion,
a.s If the Owner fails to make payment when due the Archi.
tect for services and expenses, the Architect mav, upon se\'en
days' written notice to the Owner, suspend performance of ser.
vices under this Agreement. Unless pavment in full is received
by the Architect within se\'en days of the c!:Jte of the notice. the
suspension shall take effect without further notice, In the e\'en!
of a suspension of services, the Architect shall have no liability
to the Owner for delay or c!:Jmage caused the Owner beC3use
of such suspension of services,
8.6 In the event of termination not the fault of the Architect,
the Architect shall be compensated for services performed prior
to termination, tOgether \\'ith Reimbursable Expenses then due
:lnd 311 Termination Expenses 3S defined in Paragraph 8,-,
a.7 Termination Expenses are in addition tl) compensation for
Basic and Additional Services. and include expenses which are
directly attributable to termination, Termination Expenses shall
be computed as a percentage of the total compensation for
Basic Services and AdQitional Services earned to the time of ter.
mination. as follows,
,1 Twenty percent of the total compensation for Basic
and Additional Services earned to date if temlination
occurs before or during the predesign. site analysis, or
Schematic Design Phases: or '
,2 Ten percent of the total compensation f0r Ba.'iic 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 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 Terms in this Agreement shall have the same meaning as
those in AlA Document AlOI, 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 and 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 fmal Certifica.te for
Payment for aCts or failures to act occurring after Substantia]
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 damages, but only to the extent cov.
ered by property insurance during construction, except such
rights as they may have to the proceeds of such insurance as set
forth in the edition of AlA Document :\20 I. General Conditions
of the Contract for Construction. current as of the date of this
Agreement, The Owner and Architect each shall require similar
wah'ers 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 and 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. 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 the Architect's promotional and
professional materials. The Architect's materials shall not
include the Owner's confidential or proprietary information if
the Owner has previously advised the Architect in writing of
7 8141.1987
AlA DOCUMENT 8141 . OW:-IER.ARCHITECT AGREEME:-rr . FOURTEENTH EDtTION · AlAe · @198i
THE '\)otERICA." I:-ISTlTL'TE OF ...RCHITECTS, 1 i35 NEW YORK AVENUE, N.W,. WASHINGTON, D,C, 20006
WARNING: Unlicensed photocopying violates U,S, copyright Iawll and is subject to legal prosecution.
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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
PA YMENTS 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 oi their mandatory and customary con,
tributions and benefits related thereto. such a5 emplol'ment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, I'acations, pensions and similar contributions
and benefits,
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursahle Expenses are in 3dditiun tu compensa'
rion for Basic and Additional SelTices 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 transport3tion in connenion with the
Project; expenses in connection with authorized oUI-uf,[Own
travel: long-distance communications: and fees paid for secur-
ing Jpprol'aj of :lUthorities h31'ing jurisdiction ,we I" the Proiect,
10.2.1.2 Expense of repr, 'ductkms, posugc Jnd h:lI1dling (If
DrawinF-s, Specific3tions and other documents,
10.2.1.3 If authorized in adl'ance by the Owner. expense of
overtime work requiring higher rhan regubr r3res,
10.2.1.4 Expen.<e of rendering.s, model, and mock-ups requested
bl' the Owner.
10.2.1.5 Expense of 3dditional insur:mce co\'erage or limits,
including professional liabilit\' insurance, requ~sted b\' 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 ~'ith 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 pa\'ment 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 II';' 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-
struction Cost and any portions of the Project are deleted or
OlherwL<.e 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
hid or negotiated proposal, or (2) if no such bid or proposal L~
receil'ed, the most recent preliminarv estimate of Construction
Cost or detailed estimate of Construction COSt for such por-
lions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Pa\'ments on accoum of the Architect's Addition:.U
Ser.-ices and for Reimbursable Expenses shall be made monthly
upon presem:Hion 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.
pens:ltion on account of penalty. liquidated damages or other
SWl1S withheld from payments to comractors. or on accoum 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 represematil'e at
mutually cOOl'enient times,
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect a.<; follows:
11.1 AS INITIAL PAYMENT of Zero --------:..-__________________________ DolIars(S
shall be made upon execution of this Agreement and credited to the Owner's account at fmal payment.
11.2 BASIC COMPENSATION
0.00
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services. Basic
Cumpensation shall be computed as follows:
> Facade Rehabilitation Tier #1 and Restoration Tier #2 - grants under $12,000
~ Facade (Tiers #1 & #2) and Special Demonstration - grants $12,000 to $30,000
~ Facade RehabilitationlRestoration (Special Demonstration) grants over $30,000
>- Special Projects
10%
9.5%
9%
$55.00 per hour
AlA DOCUMENT 8141 . O\'(SER,,\RCHITECT ,\GREB1E:\T 0 FOl'RTEE:\TH EDIT10S . ,-I.1Ae . ~i1Q~-
T11~ \\!;;RI, ',\" I'" ,1:'1'T!, nF IRnIITE< 'T' 1- ^, :\E\'(' YOR" ,\\'E:\l'E :\ IX' , IX',\SHI'GTOS, D C 2(~~lI'
B141-1987 8
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11.2.2 Where compens:ltion is based on a stipu12ted Suln or percentage of Construction Cost, prqgress payments for Basic Services
in each phase shall total the following percentages of the total Basic Compensation payable:
Compensation for Special Projects is on an hourly basis at a fixed hourty fee as described in ,Paragraph 11.2.1.
The 81chitect shall account for time expended in increments of one-quarter hour and the Owner reserves the right
to limit the number of hours so expended as more specifically described in paragraphs 12.1 and 12.2.
Schem:ltic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
percent ( 0%)
percent ( 0% )
percent ( 75%)
percent ( 5% )
percent ( 20%)
Total Basic Compens:ltjon:
one hundred percent (100%)
11,3 COMPENSA nON FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENT A TION BEYOND BASIC SERVICES, as described in Paragraph 3,2, compensation shall be com-
puted as foUows:
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:
flll....t'rll}a,\.t:' of compt!n~-ali{)n. including rates a"d/or multiples of Direct PE..r.'w1lm!l Expe1lse jor Princi/w/s llnd employt'f!S. and ide1l/ify I'ri"ciptlls alld classi/r
t'mpl"yt't!s, 1/ rt'l/lIirl!t!. 'lielul/v .,penIie :\f!ITic.:es j(j u.'bh:h par/h"uhlr me/bl)"s U,- t.:()mpellStl/Joll (lpply, If 'lect?ssarYJ
11.3.3 FOR ADDITIONAL SERVICES OF CONSULT ANTS, including additional structural, mechanical and electrical engineering
services and those provided under Subparagraph 3.4,19 or identified in Anicle 12 as part of Additional Services, a multiple of
( ) times the amounts billed to the Architect for such services.
(ldenlify specific types of consultants in A rlide 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 ) 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 SERVlCES 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 ) days from the date of the Architect's invoice.
Amounts unpaid () days after the invoice date shall bear interest at the rate entered below, or
in the absence thereof at the legal rate prevailing from time to time at the prindpaJ p12ce of business of the Architect.
(Insert rale of interesl agreed upon.)
(Usury lauis and requiremenls under lbe Federal Trulb in Lending Act, similar Stale and local consumer credi/lau'S and otber regulations allbe au......,.'s and .1rcbi.
tect's principal pkues of business, lbe local ion of lbe Projecl and elseu'bere may affecllbe validity of Ibis prol.'ision, SpecifiC legal addu sbouJd be oblaiTlt!d u'itb
respect to deletions or modifications, and also regarding requiremenls such as U/rilllm disclosures or u'ai,'ers,)
9 8141.1987
AlA DOCUMENT 8141 . OWNER'ARCHITECT AGREEMENT 0 FOURTEENTH EDmON · AlA- · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON. D,C. 20006
WARNING: Unlicensed photocopying violates US. copyrighllaws 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 ARCHITEcruRAL SERVICES FOR FACADE REHABILITATION PROGRAM - GENERAL
The compensation described in 11.2.1 for facade rehabilitation/restoration shall be for the full scope
of services described in ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVICES,
-
12.2 ARCHITECfURAL SERVICES FOR SPECIAL PROJECfS
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 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. Unless the Owner gives written instructions to the contrary,
the hours for Special Projects shall be limited to 15.
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
contract.
12.4 INCORPORATION AND APPLICATION OF ATTACHMENTS TO THIS CONTRACf
Attached hereto and incorporated herein as, parts of this agreement, the terms of which shall govern
and control inconsistent or variant printed provisions elsewhere appearing, are the following:
a) Pages entitled "Contract For Technical Services, Part IT - Terms and Conditions", number IT -
1 through IT - 6 and containing paragraphs numbered 1 through 20.
b) Pages entitled "Architect's Responsibilities" consisting of two pages and paragraphs numbered
1 through 13.
8141.1987 10
.
I. .-
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The terms of this paragraph 12.4 notwithstanding, paragraph 13 of the attached "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 PROJECTS".
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 parties.
This Agreement entered into as of the day and year fIrst written above.
OWNER:
ARCHITECf
THE CITY COUNCIL OF AUGUSTA. GA. NICHOLAS DICKINS
BY:
ASSOCIA TES P.c.
BY:
As its Mayor
Charles A. DeVaney
As its President
Nicholas Dickinson
:,(/
As Clerk of Council
Lena J. Bonner
A:Q /? # .
BY: tLA) ~
As its Secret
Rox Ann Dickinson
BY: '
(AFFIX OTY SEAL)
(AFFIX CORPORATE SEAL)
8141.1987 11
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ATTACHMENT DAD
PROJECT DESCRIPTION
Facade rehabilitation and restoration of eligible buildings in Augusta, Georgia for
Tier #1, Tier #2 and Special Demonstration facade rehabilitations/restorations (facade
rehabilitations/restorations under $12,000, facade rehabilitation/restoration $12,000 -
$30,000, and facade rehabilitations/restorations over $30,000), and special projects
(architectural studies for speculative purposes). 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 June
19, 1995 and ending June 19, 1997, except that work authorized by the Owner under
the terms of this contract prior to June 19, 1995 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.
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Attachment DBD
ARCHITEcrs RESPONSIBiliTIES
1. Upon request by the Community Development Department, the Architect will make an
initial inspection of a structure. The Architect determines whether or not the structure meets the eligibility
criteria for the facade program and provides the Community Development Department with his written
recommendations and preliminary cost estimate. Occasionally, the Community Development Department
may request the Architect attend Committee or Council meetings. From time to time the Architect may
be requested to consult with building owners and City officials regarding potential rehabilitation projects
to provide general comments on possible designs and costs.
2. Structures which have been recommended by the Architect and approved by the
Community Development Committee will be assigned to the Architect by the Community Development
Department.
a. 'Tier #1, Tier #2, and Demonstration Facades. The Architect, owner(s) of the structure
and a representative of the Community Development Department shall have an initial
meeting where each party's responsibilities are delineated. The Architect will then work
closely with the owner(s) of the structure, and the Community Development 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
Community Development Department will furnish the Architect with a copy of the
applicable Wage Rates.
3. Upon completion of the design plans and specifications the Architect will obtain a written
letter of approval of the plans and specifications from the owner(s) of the structure subject to the City and
State approvals. (letter format will be furnished by the Community Development Department.) The
Architect will furnish the Community Development Department with the original of this approval letter and
three (3) copies of the design plans and two copies of the specifications for the structure. After staff
review the Community Development Department will forward two (2) copies of plans and one (1) of
specifications to the Augusta-Richmond County Planning Commission. If applicable, 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 Community Development
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
Community Development Department of his release of the final design plans and specifications.
5. The Community Development Department will arrange the bid opening date and notify the
Architect as to that date. The Community Development Department will furnish the Architect with a copy
of the Advertisement for Bid. At this time, the Architect will furnish the Community Development
Department, F.W. Dodge Company, the Augusta Builder's Exchange, Inc., and the CSRA Business League
with one (1) copy each of the final design plans and specifications. The Architects distribution of final
design plans and specifications shall include instructions to bidders, bid forms, and all requirements of
Federally funded construction contracts as determined by the Community Development Department. If
addenda are issued before scheduled bid date, the addenda shall ,be sent by mail to all parties certified
return receipt.
[ 1 ]
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....:'t\
~ ...
Archtect's ResponsIbilitIes contInued
6. The Architect or his representative will attend the scheduled bid opening and will prepare a
tabulation of bids received after inspecting all bids received. The Architect will notify the building owner
as to the results of the bid opening and obtain a letter from him indicating his acceptance/rejection of the
bid. The Architect will forward his recommendation as to the ,low bidder by written letter, four (4) copies
of the final design plans and specifications, and the owner's original acceptance/rejection letter to the
Community Development Department.
- 7. The Architect will attend a Pre-Construction conference which will be scheduled by the
Community Development Department. At this time the Community Development Department will issue a
Notice to Proceed to the Contractor and distribute the conformed contract sets.
8. The Architect will monitor the progress of each project and make regular inspections to
assure work meets specifications. At a minimum, the Architect will submit monthly written field reports to
the Community Development Department.
9. The Architect will recommend approval/disapproval of all requested change orders and
time extensions to the Community Development Department.
10. The Architect must approve all requests for payment by the Contractor before forwarding
same to the Community Development Department for payment.
11 . The Architect must make final inspection and certify to the Community Development
Department that all work has been completed satisfactorily, in accordance with the plans and specifications
and applicable change orders, if any, before final payment can be made to the contractor.
12. The Architect will be required to inspect the building within 90 days of completion of the
facade contract to determine whether the building owner has corrected code violations, and made other
improvements required as matching contributions by the City. The Architect may document this by
inspection of the job site, examine the reports of the appropriate City inspectors, reviewing bills for work
done, and by estimating the value of work done.
13. In addition to the work described in the preceding paragraphs III. 1. through III. 12., the
Architect may be asked to produce schematic drawings for special area studies or to provide cost
estimates on speculative facade rehabilitation proposals made by City officials.
[2 ]