HomeMy WebLinkAboutNicholas Dickinson And Associates,P.C. (2)
Augusta Richmond GA
DOCUMENT NAME, \\,cJiD\OS D\cxJ \)3:r) ~ .f\S5O:::JD--tt'S) P. C
DOCUMENTTYPE:~~~ef1\-
YEAR: Q'6
BOX NUMBER: 0--\
FILE NUMBER: \ ~ CS~ ~
NUMBER OF PAGES: \d
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THE
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0 F A R C H T E C T S
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. MAR 0 5 1998
AUGUSTA-RICHMOND COUNTY
ADMINISTRATOR'S OffiCE
AlA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCU,11ENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN A TTORNEY IS ENCOURAGED \fIlTH RESPECT TO ITS COMPLETION OR MODIFICA TlON.
AGREEMENT
m3c1e 35 of the Six t h (6 t h )
Nineteen Hunclrecl ;lllcl Ninety-Eight
day of
January
in the year of
BETWEEN the Owner:
Augusta, Georgia
530 Greene Street
Augusta, Georgia 30911
(V(/I//l' (/lId address)
and the Architect:
Nicholas Dickinson & Associates. P.C,
Architects - Interiors - Planners
306 Sixth Street
Augusta, Georgia 30901
(Nallle alld address)
For the following Project:
(llIellIde delailed descn/'liulI (~( Project. localioll, address alld scope.)
Provide planning, architectural, engineering and all other professional services
needed for the design of a new 6,000 SF Community Center in Blythe, Georgia,
constructed on a 35-acre site at Highway 88 and Bath Edie Road.
The Owner and Architect agree as set forth below.
Copyright 1917, 1926,1948, 1951, 1955, 1958, 1961, 1965, 1966, 1967, 1970, 1974, 1977,@191:l7byTheAmericanlnstitute
of Architects, 1755 New York Avenue, N,W" Washington, D.C. 2()()06, Reproduction of the material herein ur subslalllial
quotation of its provisions withoul wrillen permission of the AlA violates the copyright laws of the Uniled St:lles and will be
subjecl to legal prosecution,
AlA DOCUMENT 8141 . OWr\EH.AHCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @IYH7
THE AMEHICAN tNSTITUTE OF AHCHITECTS, 17:~5 NEW YOHK AVENUE, N,W" WASHINCTON, I),c. 2000(,
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 SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreemel1l
and any other services included in Article 12,
1.1.2 The Architect's services shall be performed as expedi-
tiously as is consistent with professional skill and care :md the
orderly progress of the Work, Upon request of the Owner. the
Architect shall submit for the O\vner'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 h:1\'ing jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not, except for rC:L~onable cau'iC, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this :\greement arc subject to
the time limitations contained in Subpar:lgraph 11,5,1,
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist uf those described
in Paragraphs 2.2 through 2,6 and any olher services identified
in Article 12 as part of Basic Services, :lI1d include normal struc-
tural, mechanical and electrical engineering services,
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished b\' the
O,vner to ascertain the requirements of the Project and Sh:lll
arrive at a l1lutualunderstanding of such requirements with the
Owner.
2.2.2 The Architect shall provide :1 preliminary evaluatioil of
the Owner's program, schedule and construction budget
requiremel1ls, each in terms of the othL'l', subject to the limiia,
tions set forth in Subparagr:lph 5,2,1,
2.2.3 The Architect sh:lll review with the Owner allern:llive
approaches to design and construction of the Project.
2.2.4 -Based, on the mutually agreed-upon progr:!m, schedule
and construction budget requirements, the Architect shall
prep:lrc, for approval by the Owner, Schematic Design Docu,
ments consisting of drawings and other documel1ls illustrating
the scale and relationship of Project components,
2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on currcnt area. volUllle or
()( her unit costs,
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized Iw the Owner in the program.
schedule or construction budget, thc Architect shall prep:lre,
for :lpproval by the Owner, Design Development Documents
consisting of drawings :lI11i other documcnts to fix :lnd describe
the size and character of the Project as to architectural, struc-
tural, mechanical and electrical- systems, m;llerials and such
other clements as m:lY be appropri:He,
2.3.2 The Architect shall advise the Owner of :lny :ldjustments
to the preliminary estim:lte of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the :lj1proved Dcsign Development Docu-
ments and any further adjuslll1cnts in thc 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 Dr:lwings and SpecifiGl-
tions selling forth in clel:lil lhe requirements for lhe construc-
tion of the Project.
2.4.2 The Architect shall assist the O\\'ner in the preparation of
the necessary bidding information, !lidding forms, the Condi,
tions of the Contract. and the form of Agreement between the
Owner and Contractor,
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminarv estimates of Construction Cost incli-
cated by changes in requirements or general market conditions,
2.4.4 The Architect shall :lssist the Owner in connection with
the Owner's responsibilil~' I'm filing documents required for
the approval of gO\'ernment:ll authorities having jurisdiction
over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the btest preliminary estimate
of Construction Cost. shall assist the (h\.ner in obtaining bids
or negotiated prnposab and assist in :Iwarding and preparing
contracts for cnnstruction,
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.6.1 The ArchileCl's I'l'.,;p'lIlsihilitl' Iii pni\'idc B:lsic Services
fllf' the C, lnSt ruct i, ill Ph:ISl' undn I hi,,; :\greelllent commences
with the :Iw:lrd.of I Ill' COlltl':ICl for C'"1,.;tI'UClion :Illd termi-
n:lles:1l the e:ll'lin or the iSSU:II1ce In Ihe Owner of thc fin:i/
Certificlle for P:II'lllent or (ill (I:II'S :Ifll'r tIll' lLlle of Suhst:lll-
tial COlllplelion of Ihl' \\i')I'I-;.
2.6.2 The Architect sh:i11 provide administration of the Con-
tract for Construction as set forth helow ami in the edition of
AlA Doculllent A2ll I, Cennal Conditions of the Contr;lcl teJr
Construction. currel1l :IS of the d:lle of this Agreement, unless
othen-vise provided in this Agreement.
2.6.3 Duties, responsibilities andlimit:tlions ,}f authority of the
Architect shall not .he restricted, lllodified nr extended without
wrillen agreelllel1l PI' the Owner and Architect with consent of
the Contr:lCtor. which consent sh:11I not he unreasonahly
withheld,
AlA DOCUMENT 8141 . OWNEH-AHUtlTECT AGKEE,\lENT . FounEENTII EDITION. AlA'" . @IYH"
TilE A,\lEI{ICAN INSTITUTE OF AHClIITECTS, 175'; "E\V YOHK A VE"liE, N,\\'., \VASI f1NGTON, 1),(;, 21)"1)(1
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 represemative of ;md shall advise
and consult with the Owner (1) during construction until final
p;I\'ment to the Contractor 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 the Owner
unlv to the extent provided in this Agreement unless othenvise
mudined by \vritten instrument.
2.6.5 The Architect shall visit the site at intervals appropriate
[() the. stage of construction or as otherwise agreed, by the
O\Vner and Architect in writing to become generallv familiar
with the progress and quality of the Work completed and to
determine in general if the Work is being perform'ed in ;1 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 cont'fnuous on-site
inspections to check the quality or quantity of the \Vork, On
the basis of on-site obsen'ations as an architect, the Architect
shall keep the Owner informed of the progress and quality of
the \X'ork,and shall endeavor to guard the Owner against
defects and deficiencies in the Work, (More extensil'f! sit('
representatioll lIIay be agreed to as (/11 Additiollal S(,/'l'ice, as
(/('scribed in pamgraph 3.2.)
2.6.6 The Architect shall not have comrol over ()r charge of
and shall not be responsible for construction means, methods, .
techniques. sequences or procedures, or for safel\' precauti'lIls
;lI1d progr;m1s in connection with the \\lork, since these are
solely the ComraetlH'S responsibility under the Contract for
Construction, The Architect shall nO! be responsible for the
Contractor's schedules or failure to earn' out the Work in accor.
dance with the Contract Documents, )o\iK~Oh1C11fQq)(.J(0Q}(M<Xt
l\;K;'tXM~<JJX}(~.ltX:H~~cXQ{fXl(~XlX*~l\:ill:lX1'\!X9C~J(9(Jl{,
~~X~~w<<~~nxx~X~~~X~g~~~~~~~MOOX~X~~~~~~'
iXLM~~':U~:llU(15x*~~.lQM.~~M9CMK~)&(<XtX, '
See Special StIpulatIons,
2.6.7 The Architect shall at all times have access to the Work
wherever it is in prepar;ltion or progress,
2.6.8 Except as mav otherwise be provided in the C:ontr:lCt
Documents or when direct communicalions h:I\T been spe-
ciallv authorized, the Owner and Contractor shall communicllc
through the Architect. Communications bv and \\:ith the Archi,
teet's consultants shall be through the Architect.
i )1 s p e c. t i (l n s
2.6.9 B:l~ed on the Architect's IOM9OcOCiXiwl)t'; :lI1d cvaluations of
t he Contractor's Applications for Payment, ,the Architect shall
rn.iew and certifv the amounts due the COlllractor
2.6.10 The Architect's certification for paymetll shall consti.
lUte a represent:ltion to the Owner, based on the Architect's
,,0WblscR'JClM~ at the site ;IS provided in Subparagraph 2,6.5 and
,.....0 on the dat:1 comprising the Contractor's Application for Pav-
e;- mcnl, thaI, to the best of the Architect's knowledge, inform:l'
~c tion :ind belief. the \Xlork has progressed to the point indiClted
:lI1d the qualitv of Work is in accord:lI1ce wilh the ContCKI
Documellls, The foregoing representations arc subject- to an
evaluation of thc Work for conformance with the. Contract
Documents upon Substantial Completion. to results of subse-
quent tests and inspections. to minor deviations fro!11 the Con.
tract Documents correctable prior to completion and to spe.
cific qualifications expressed by the Architect, The issuance of a
Certificate for Payment shall further constitute a represcntation
that the Contractor is cntitledto payment in Ihe :U110unt certi.
fied, Hmvever, the issuance of a Certificlte for Payment shall
not be a representation that the Architect has (I) made exhaus.
tive or continuous on,site inspections 10 check the qualitv or
quantity of the Work, (2) reviewed construction means, meth-
ods, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from Subcontractors and m:llerial sup-
pliers and other data requested by the Owner to substantiate
the Cotllractor's right to payment or (4) ;lscert;lined how or for
what purpose the COlllractor has used money previously paid
on account of the COlllract Sum, except as provided
in subparagraph 2.6.5 and 2.6.6.
2.6.11 The Architect shall have authority to reject Work which
does not conform to the Contract Documents, Whenever the
Ar:::hitect considers it necessary or :ldvisable for implementa-
tion of the intent of the COlllract Documents, the Architect will
have authority to require additional inspection or testing of the
\X'ork in accordance with the provisions of the Contract Docu-
ments, whether or not such Work is fabricated, installed or
completed, However, neither this authority of the Architect nor
a decision made in good f;lith either to exercise or not to exer-
cise such authority shall give rise to a duty or responsibility of
the Architect to thc Contractor, Subcontractors, m;lterial and
equipmelll suppliers, their age illS or emplovees or other per-
sons performing portions of the Work,
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submillals such :15 Shop
Drawings, Product Data and Samples, but onlv for the limited
purpose of checking for conformance with information given
and the design concept expressed in the Contract Documellls,
The Architect's action shall be taken witb such re;l~onablc
promptness as toe:luse no delay in the \Vork or in the con-
struction of the Owner or of sep;lr:ne COlllraetors, \vhile allow-
ing sufficielll time in the Architect's professional judgment to
permit adequatc review, Review of such submillals is not con,
dUeled 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 revie\v
sh;lll not constitute :lpprov;ll ofsafcty precautions or, unless
otherwise specifically stated by the Architect, of construction
means, methods, techniques, sequences or prllcedures, The
Architect's approval of :1 ?pecific item shall not indieatc
approval of an assembly of' which the item is a component.
When professional certillcation of performance ch;lr:Kteristics
of materials, systems or equipment is required by Ihe Contract
Documents, the Architect shall be entitled to rely upon such
certification to establish that the materials, systems or cquip-
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.] 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 anextension of the Contract
Time which are not inconsistent with the intent of the Contract
Documents,
2.6.14 The Architect shall conduct inspections to determine
Ihe date or dates of Substantial Completion and the date of final
completion, shall receive and forward to the Owner for the
O\vner's review and records wrillen warranties and rcl:ned
documents required by the COlllract Documents and assem,
bled by the Contractor, and shall issue a final Cenificate for Pay.
ment upon compliance with the requirements of tile Contract
Documents,
3 8141-1987
AlA DOCUMENT '8141 . OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION . AIA~ . @19R7.
TIlE AMERICAN INSTITUTE OF ARCHtTECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C 20006
WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution,
2.6.15 Tlie Architect shall interpret and decide matters con-
cerning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of
either the O\vner or Contractor. The Archite'ct's'response to
such requests shall be made with reasonable promptness and
within any time limits agreed upon,
.,~~ .t>
2.6.16 Interpretations and decisions of the Architect shall he
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings, When making such interpretations and initial deci,
sions, the Architect shall endeavor to secure faithful perfor-
mance by both Owner and Contractor, shall not show panialitv
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 rel:iting to aesthe.
tic effect shall be final if consistent with. the intent expressed in
the Contract Documents,
2.6.18 The Architect shall render written decisions within ;1
re;Lsonable 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
matters, including those in question between the,Owner and
Contractor, except for those relating to aesthetic effecr ;LS pro-
vided in Subparagraph 2,6,17, .9l:llI1t~Il{XlJtJ1.lxJO()(Jd~imIbtor)(~
pu:ox l<~ot ilx ~~ xooX jrntiJx)('XJXIJol'XO( x)( lOIOOJ{IXl~,
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article ~ are not included
in l3asic Services unless so identit1ed in Article 12, and t hev shall
he paid for by the Owner ;IS provided in this Agreement, in
;ldditi,)J) to the compens;llion for Basic Services, The services
descrihed under Paragr:lphs .~,2 ;lIld 3.4 shall onh' he pro\'ided
if ;Iuthorized or cont1rmed in writing by the Owner. If services
clescrihed under Contingent Additional Services in P:lragraph
5.:'-; ;In: 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 Par;lgraph 5,) arc not requirecl;' the O\vner
sh;11l gin: prompt written notice to the Architect. If the Owner
indiclles in writing that all or part of such Contingent Addi.
I ional Services arc not required, the Architect shall have no obli.
g;1I ion 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
pruvide one or more Project Hepresentatives to assist in carry-
ing Out such additional e)t1-site responsibilities,
3.2.2 Project Represelllatives shall be selected, employed and
directed by the Architect, and the Architect shall be compen-
s;lIed thercl()r as agreed by the Owner and Architect. The
duties, responsibilities and limit;Hions of ;lLIthoritv of Project
Ikpresentatives shall be as described in the edition of AlA
Document 13352 current as of the date of this Agreement, unless
01 herwise ;lgreClI.
3.2.3 Through the observations by such Project Represen-
tath'es, the Architect shal1 endeavor to provide further prOtec.
tion for the Owner against defects and deficiencies in the Wo'rk,
but the furnislling of such project represelllation shall not
modify the .rights, responsibilities or obligations of the Architect
as describq;, \L~'~where in this Agreement.
v_ . ::~~ .
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Dr:lwings, Specifications or other
documents when such revisions are:
.1 inconsistelll 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 enactmelll or revision of codes, laws
or regulations subsequelll to the prep;lration of such
documents; or
.3 due to changes required as a result of the O\vner's fail-
ure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size, qual-
it\', 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 Dra\vings, Specit1cations amI other documen.
tation and supporting data, evaluating Contractor's pruposals,
and pro\'iding other services in connection with Change
Orders ;lIld Construction Change Directives,
3.3.4 P['()viding services in connection with evalu;lIing substi-
tutions proposed by tbe Contractor and making subsequent
re\'isiuns to Drawings, Specifications and other document;llion
resulting therefrom,
3.3.5 Providing consult;Hion concerning replacement of \'(lork
damaged by tire or other cause during construction, and fur:
nishing services required in connection with the repbcemelll
of such Work,
3.3.6 Pruviding services made necessary by the default of the
Cuntr;IClur. bv major dcfecrs or defkiencies in the Work of the
Cont rauor, or by failure of perf(Jrmance of either the Owner or
COlllf;lC(Or under the Contract fQr Construction,
See Special Stipulations.
3.3.7 Providing services in evaluating an extensi\'(: number of
claims submitled by the COlllractor or others in connectiun
with the Work,
3.3.8 Pr(}\'iding services in connection with a public hearing,
arbitration proceeding or legal procCl:ding except \\'here the
Architect is party thereto,
3.3.9 Preparing documents for altern;He, separate or sequential
bids or providing services in connection with bidding, negotia-
tion or construction prior to the completion of the Construc.
tion Ducuments Phase, '
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs ancl program-
ming the requirements of the Project.
3.4.2 Providing tin;lI1cial feasibility or other speci;11 studies,
3.4.3 Providing planning surveys, site evaluations or com,
par;1I ive st udies of prospect ive sites,
AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT. fOURTEENTH EDITION. AIAt!! . <919H7
THE A~\ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D.C. 200()(;
8141-1987 4
WARNING: Unlicensed photocopying violates US, copyright laws and Is subject to legal prosecution,
3.4.4 Providing special surveys, environmental studies and
submissions required for approvals of governmemal authorities
or others having jurisdiction over the Projecl.
3.4.5 Providing services relative to future facilitics, systcms
and equipmenl.
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 dr:lwings or
other information furnished by the Owner.
3.4.8 Providing coordination of construction performeci 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 consuhams retaincd bv the
Owner.
3.4.10 Providing detailed estimates of Construction COSl.
See Special Stipulations.
3.4.11 Providing detailed quantity surveys or invcmories of
',llater!al, equipment and labor.
3A.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, procuremem
or installation of furniture, furnishings and relaled equipmenl,
3.4.14 Providing services for planning tenam or remal spaces,
3.4...5 Making investigations, inventories of m:llerials or equip'
mem, or valuations and detailed apprJisals of existing facilities,
3.4.16 Preparing a set of reproducible record drawings show-
ing significant changes in the Work made during construction
b:L<;ed on marked-up prims, drawings and other d:il:1 furnished
bv the Contr4ClOr tQ the Arcbiten, ,
, ~ee ~peclal ~tlpUJatlons.
3.4.17 Providing assistance in the utilization of cquipmcnt or
systems such is testing, adjusling and balancing, prcp:lr:ilion of
operation and maintenance manuals, training personnel for
operalion and maintenance, and consultation during oper:llion,
3.4.18 Providing services after issuance to the Owner of lhe
final Certificate for Payment, or in the absence of a final Cer-
tifiC:lle for Paymem, more than 60 days after the (bte. of Sub-
slantial Completion of the Work,
3.4.19 Providing services of consultants for other than archi-
teClural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic'Ser\'ices,
See ~pecial Stipu].ations.
3.4.20 Providing any 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 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
requiremems,
4.2 The Owner shall establish and update an overall budget for
the Project, including the Construction Cost, the O\vner's other
costs and reasonable comingencies related to all of these costs,
4.3 If requested by the Architect, the Owner shall furnish evi-
dence that financial arrangements have been made to fulfill the
Ovmer's obligations uncleI' this Agreemenl.
4.4 The Owner shall designate a representative authorized to
:lCt on lhe Owner's behalf with respecl to the Project. The
Owner or such authorized represelllative shall render decisions
in a timely manner pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly
and sequential progress of the Architect's services,
4.5 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site, The
surveys and legal information shall include, as appliclble,
grades and lines of streets, alleys, pavements and aeljoining
property and structures; adjacent drainage; rights-of-w;!y,
restrictions, easements, encroachments, zoning, eleed restric-
tions, boundaries and contours of the site; locations, climen-
sions and necessary data pertaining to existing buildings, other
improvements and trees; and informalion concerning :lvailahle
utility services and lines, both public and private, above and
below gr;!de. including inverts and depths, All the informal ion
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. arc requesled by the Architect. Such
services may include but are not limited to lest borings, tesl
pits, eleterminations of soil bearing v;!lues, percol:lli, In tcsts,
evaluations of hazardous materials, ground corrosion and res is,
tivity tests. including necessary operations for alllicip:lling sub-
soil condilions, with repons :\Ild appropriatc prnkssional
recommen elations,
4.6.1 The Owner shall furnish the services of olher cons.ul-
lalllS when such services are reasonablv required b\' lhe sCOpe
of the Project and are requested bv the Architect.
4.7 The Owner shall furnis!1 structural, mechanical. chemical,
air and water pollution tests, tests for hazardous materials, :\Ild
othcr laboratory and environmelllal tests, inspeCliuns and
repons required by law or the Contract Documents,
4.8 The Owner shall furnish all legal, ;!ccounting and insurance
counseling services as may be necessary at any time for the
Project, including auditirig 'services the Owner mav require to
verify the Contractor's Applications for Payment (lr I() :lsccnain
hen\' or for what purposes the COlllractor has usedlhe money
paiel by or on behalf of the Owner.
4.9 The services, information, suryeys and reports required by
Paragraphs 4,5 through 4,8 shall he furnished at the Owner's
cxpense, and the Architect shall be entitled to rely upon the
accuracy and completeness thereof.
4.10 Prompt wrillen notice shall be given bv the Owner to the,
Archilect if the Owner becomes :I\\'are of any fault or defect in ,
lhe Project or nonconform:\Ilce with the Conlracl Documents,
4.11 The proposeel language of certificates or cenitlcll'ions
requested of the Architect or Architect's consult:\Ilts shall be
submitleel to the Archilect for revicw and approval at least 14
days prior to execution, The Owner shall not request cenitlGl-
tions that would require kl;owledge or services beyond the
scope of this Agrecment.
5 B141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA.. . @l9H!
THE AMERtCAl' INSTrI'UTE OF ARCHITECTS, 17:~S NEW YORK AVENUE, 1',\\", \\'ASHll'GTON, D.C. 2()()()('
WARNING: Unlicensed photocopying violates U,$, copyright laws and is subject to legal prosecution,
ARTICLE 5
CONSTRUCTION COST
5.1
DEFINITION
~~~. ~::*i!
5.1.1 The Construction Cost shall be the total cost or l'sti-
mated cost to the Owner of al! clements of the Project designL'd
or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current
markL't rates of labor and materials furnished by the OwnL'r and
equipmL'nt 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 I()/' contingencies shall be included for market conditions
at the time of bidding and for changes in the \X1ork during
const ruction,
5.1.3 Construction Cost docs nO! include the compens:ltion of
the Architect and Architect's consultants, the COStS of tl1l' land,
rights-of-way, financing or other costs which arc the respon,
sibility of the Owner as provided in Article 4,
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 E\'aluations of the Owner's Project budget, prelimin:try
estimates of Construction COSt and detailed estimates of Con-
struction Cost, if any, prepared by the Architect. represelll the
Architect's best judgment as a design professional familiar wit h
the construction industry, It is recognized, however, that nei.
ther the Architect nor the Owner has control over the COSt of
labor. m:lteriaJs or equipment, over the Contractor's methods
of determining bid prices, or over competitive bidding, m:lrkct
or negotiating conditions, Accordingly. the Architecl ClnnOl
and docs not warrant or represent that bids or negoti:lted prices
will not Vary from the Owner's Project budget or from :111\
estimatL' of Construction COSt or evalu:ltion prep:lred lJl' agrL'L'l1
to b\' the Architect.
5.2.2 No fixed limit of Construcrion COSt shall be est:thlishL'd
as:1 condition of this Agreement bv the furnishing. propos:tI or
eSl:lhlishment of a Project budget. unless such fixed limil 11:ls
been agreed upon in writing and signed by the p:trtiL's Iwreto, If
such a fixed limit h;ls been established, the Architect shall Ill'
permilted 10 include contingencies for design, bidding :lIld
price escal:nion. to determine what materials. equipment, com.
ponent systems and types of construction are to be included in
tile Contract Documents, to make reasonable adjusihlents in
lhe scope of the Project and to include in the COntr:lCl Docu-
menls :llternate bids to adjust the Construclion Cost 10 lhe fixed
limit, Fixedlimils, if any, shall be increased in the amount, if an
incre:l.se in the Contract Sum occurring after execution of the
Contract for Construction,
5.2.3 If the Bidding or Negotiation Phase has not commenced
\vithin 90 clavs after the Architect submits the Coristruction
DocuI1lelllS u; the Owner, any Project budgel or fixed limit of
Construction Cost shaH be adjusled to re!lect changes in the
general level of prices in the construction industry between the
d:He of submission of the Construction Documents to the
Owner ;md the date on \vhich proposals are sought.
5.2.4 If a fixed limit of Construction Cost (adjusled as pro.
vided in Subparagraph 5,2,3) is exceeded by the lowesl hona
fide bid or negoliated prop(')sal, the Owner sh~lil:
.1 give written approval of an incre:lse in sucll fixed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time:
.3 if the Project is abandoned, terminate in accord;mce
with Paragraph 8,3; or
.4 c,oor~erate in revising the Project scope and qualitv as
rC'(ICli~ed .10 reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5,2,4,4,
tile Architect, without ;lCldilional charge, shaH modify the Con-
Iract Documents as necessary to comply with the fixed limit. if
established as a condition of this Agreement. The modificltion
of COlllract Documents shall be the limit of the Architcct's
responsibility arising OUt of the establishmelll of a fixed limit.
The Architect shaH be entitled to compensation in accordance
with this Agreement for aH services performed whether or not
the Construction Phase is commenced,
See Special Stipulations.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documellls pre-
p:lred by the Architect for this Project are instruments of the
Architecl's service for use solely with respect to this Prnject
:lIld, unless otherwise provided, the Architeci shall be decmed
the author of these documellls and shall ret:lin all common law,
statutory and other reserved rights, including the copyright.
The Owner shall be permitled to retain copies, including repm-
c1ucible copies, of the Architect's Drawings. Specifications and
other documents for information and reference in conneCtion
with the Owner's use :lnd occupancy of the Project. The Archi-
teCt's Dr:l\vings. Specificnions or other doc:umellls Sh:lll nol hc
used by the Owner or others on other projects, for addilion,,; to
this Project or for completion of this Project bv others. unless
the Archilcct is adjudged to he in default under this Agreement.
exccpt bv agreement in writing and \vith appropriate cum pen.
s:ltion to the Architect.
6.2 Suhmission or distribution of docurllcnls to mcet oftici:1i
regubtorv requirements or for simibr purposes in connection
with the ProjeCt is nOt to be construed as publiCition in c1en Ig:l-
lion of the Architect's reserved rights,
ARTICLE 7
ARBITRA TION
AlA DOCUMENT 8141 . OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA"' . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006
8141-1987 6
WARNING: Unlicensed photocopying violates U,S, copyright laws and is subject to legal prosecution,
ARTICLE 8
TERMINATION, SUSPENSION OR ABANDONMENT
8.1 This Agreement may be terminated by either party upon
not less than seven days' written notice should the other party
fail substantially to perform in accord;mce with the terms of this
Agreement'through no faull of the party initL1ting the tem1ination,
8.2 If the Project is suspended by the Owner for more than 30
consecutive days, the Architect shall be compensated for ser-
vices 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 may be terminated by the Owner upon
not less than seven davs' \vritlen 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 cbys,
the Architect may termin;lle this Agreement hv gi\;ing written
notice,
8.4 failure of the Owner to make payments to the Architect in
;Iccordance with ihis Agreement shall be considered substantial
nonperformance and Cluse for termination,
8.5 If the Owner fails to make payment when due the Archi-
tect for services and expenses, the ArchiteCl m;IY, upon seven
days' written notice to'the Owner, suspend performance ofser-
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 sh;)ll have no liability
to the Owner for delay or d;lfnage caused the Owner because
of such suspension of services,
8.6 In the event of termination not the faull of the Architect,
the Architect shall be compensated for services performed prior
to termination, together \vith Reimbursable Expenses then due
and all Termination Expenses as defined in Par;tgr;lph 8,7,
8.7 Termination Expenses are in addition to compensation for
B;l'iic and Additional Services, and include expenses which are
directly attributable to termination, Termination Expenses shall
be computed as a percentage of the t(>lal compensation for
Ih'iic Services and Adc!itional Services earned to the time of ter-
mination, as follo\vs:
.1 Twenty percent of lhe tOlal compensation for Basic
and Addition;il Services earned to date if termin;ltion
occurs before or during the predesign, site ;lI1alysis. or
Schematic Design Phases; or
.2 Ten percent of the total compensation for Basic and
Additional SelVices 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 san1e meaning as
those in AlA Document A20 I, 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 slatutes of limitations shall com-
mence to run not later than either the date of Substantial Com-
pletion for acts or failures to act occurring prior to Substantial
Completion, or the date of issuance of the final Certificate for
Payment for acts or failures to ;lCt 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 ])ucument A201. General Conditions
of the Contract for Constru~:ti()n, current ;l'i of the date of this
Agreement. The O\vner and Architect each shall require similar
waivers from their COlllr:lctt'lrs, 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, ;l~signs and legal represent:lIives 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 represellls the entire and illlegratecl agree-
ment between the Owner and Architect and supersedes all
prior negotiations, representations or agreemel1ls, either writ-
ten or oral. This Agreement may be amended onlv by written
inslrument signed by both Ownn and Architect.
9.7 Nothing conlained in this Agreement shall ('[eate a contrac-
tual relationship with or a cause of action in bvor of J third
party against either the Owner or Archilect.
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' ;l~lxstos, ;l'ibestos producL~,
polychlorinated biphenyl (PCB) 'or, other toxic suhstances,
9.9 The Architect shall have the right 10 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 O\vner has previously ;Idviscd the Architect in writing of
7 B141-1987
AlA DOCUMENT 8141 . OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @1987
TIlE 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.
[he specific inform:llion considered hI' [he Owner to be confi-
denri:d or propriel;lry, The Owner sh;JlI provide professional
credi[ for lhe Archi[ecr on [he conslruClion sign and in the pro-
morional m;lleri;lls for the ProjeC!,
':...
--.-
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direcl Personnel Expense is dctined as the direct
sa.bries of lhe Archilecl's personnel engaged on lhe Projeel and
lhe ponion of the COSI of lheir mandalOry and cuslomary con.
trihUlions :lI1d henefilS related lhereto, such as emplovment
laxes and IHht'/' st;llulory emplO\'ee benefils, insuf;II1Cc, sick
IC;I\'l', holid;I\'s, \';lcllions, pensions :lI1d simibr conlrihulions
and benefits_
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimhursahle Expenses :lre in addition to (ompens:l-
tion for Basic and :\ddilional Sen'ices and include expenses
incurred hI' lhe Architecl and'Architect's emplol'ees and O)fl-
sullanrs in lhe inlneStof the Projec!. :IS identitled in the follow-
ing CbUSl',';.
10.2.1.1 Expense \If transpI'rt:llilll1 in connectilll1.\\'jth the
Project: expenses in connection wirh :Iulhorized out,of-rown
travel: long-distance comll1unicllions: and fees paid for secur-
ing :lpprol':i1 of authorities having jurisdiction over lhe Projec!.
See Special Sti~ulations.
10.2.1.2 Expense of reproduclions, posl:lge :lI1d handling of
I)r:lwin,l;.';, Spl'cificllions :lI1d III her documenlS,
10.2.1.3 If :Illlh\ nizl'd in :tlll.:lI1c'e h\' rhe Ownt'/', expl'nse of
I)\'t'/'rillle II" ,rk rnluil'ing higher Ih:m regubr rates,
10,2,1.4 I.:xpense of rendnings, mllllds andlllock-ups requested
hy till' I )wnn
10.2.1.5 Expl'rbe Ill' :tddilion:i1 insur:lI1cc cOI'eragl' or limirs,
including proks.,illn:i1 /i;lhilirl' insur:lI1ce, requl:sred h~' lhe
()wnn in exce"s 'If Ih:1l norm:i1h. clrril'll hI' lhe Architel'l :lI1d
ArchirlTI''; cllnsult:lnls, See Spec ia 1 St ipu la t i6ns.
10.2.1.6 Expense ,II' computn-aided dcsign ane! e!r:II'ling
equipmenl lillle lI'hen used in cOllnection with rhe Pl'lljecl.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An inirial p:lvment as set fonh in Paragraph 11,\ is the
minimum pal'rllenr under this Agreement,
10.3.2 Suhscquent paymenrs for Basic Sl'rvices shall be made
mOlllhly :lIl~L ;\,.,hl're applicable, shall he in proportion to ser-
vices performl-1T'lvithin each phase of service, on the lXL~is set
forth in Subparagraph I J ,2,2,
10.3.3 If and rl) Ille extent Ih:H Ihe rime initially eSlablished in
Subparagr.lph I 1.5.1 ()f this Agreemcnt is exceeded or exrendecJ
through no fault of thc Architect, compens:llion for ;Uly ser-
vices rendered during the addilioll:t1 period of time shaJl be
computed in the manner set fonh ill Subparagraph I 1,,>',2,
10.3.4 \Vhen compensation is based on a percentage of Con-
struction Cosr and any portions of the Project are deleted or
otherwise nOI conslrUCled, cOlllpcns:llion for lhc)se portiolls <If
the ProjeCl sh:t11 hc paY:lble to the extelll services :Ire per-
formed I III I h, 'St' p' lrl illllS, in :lccllrd:IJKl' Ivith lhe schedule set
fort h in Suhp:lr:lgr:lph I I ,2,2. based ()Il ( I) lhl' lowest bOIl;1 tide
hid or Ilegoti:lled propos;l!, or (2) if no such bid or proposal is
received, the lllnst recent prcliminarv estimate of Construclion
Cost or dCt:liled estimate of Clln,'i run ion COSt for such por-
t ions of I he Pi'< Ijel'l,
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 1':I\'I11<':llIS (JIl :lccount of the Architen's Additional
Scrvices :lI1d 1'( 'I' Ikimhurs;tblc Expenses shall be macle nH)!1lhh'
upon preselll;uiun of the Archire('l\ SI:llemCnt of set'l'ices ren-
deree! or expcnse,s incurred,
10.5 PAYMENTS WITHHELD
10.5.1 ,,\,, llcdul'linns sh:t11 be m:lc\c fi'<Hlllhe Archilcn'S C,II1l-
pens:uiun OIl :1(,l'<llltll of pCIl:t1ly liquld:ued damages or 'Hher
sums withheld frolll p:I\'mellls !() COlllr:ll'lorS, or on ;ICCOUI1l "f
lhe CllSI uf Ch:lIlgl'S in Ihe \X'ork olher lh:lnthose for Idlich the
Arcl1ilel'l 1l:L'; bl'l'n !" llllld 10 he Iiahfl',
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Ikc'lrll..;, ,f Ikimhurs:thlc E,"'penses and expellses per-
raining ,,) :\ddil il lIlal Snvices :lIld slTI'ice", peril ll'Illed 'H1 I he
IXlsis of :1 multiple,)f Direcl Per,.;"nnel Expense shall he aV:lil-
ahle lo.rhe Oll'nl'l' or thc Owncr's :1l.lIhllrizecl represcnt:lli\'C;l1
mUlu:t1h' conl'l'nienl limcs,
ARTICLE 11 _
8ASIS OF COMPENSATION
The Owner sh:11I COrllpellS:lle lhe Architect ;IS follows:
11.1 ANINITIAl.l'AYMENTof Zero J)oll:irs(S .00
slull he nude upon execution of rhis Agret:melll and credited III the Owner's ;KCOUIll al final pal'menr
11.2 BASIC COMPENSATION
11.2.1 FOH BASIC SEHVICES, as described in Anide 2, and ;IIlY olher services included in Anicle 11. as parlof 1l;L~ic Services, Basic
Compensation sh:111 be compured as follows:
(/11..,(',.1 husis f~l CfJ11I/}('llS11liuII. illclutlill~ slifJulalt'd SIlins, 11lu/Jip/es (jr !h'l"t"t'lIltl).WS. {Ulel ielelllill' /J/.)llses Iii u'hil)l par/icu/ar lIIet/luds f~" ((J1Il/wlISaliulI (lIJI)~l'. U
1I1'('('SSU':l',)
, Lump Sum Fee...................... .$22,275.00
Boundary line survey, topographic contour maps, soils tests are not included and
are to be reimbursed per this contract, if Owner adds this scope of work to the
architectural contract.
AlA DOCUMENT 8141 . OWNER-MlCHITECT AGREEMENT. FOURTEENTH EDlTtON. AlA'" . @t9H7
TIlE A,11EHIC:lN INSTITI'TE OF AHUtlTECTS, 175<; NEIX" YORK AVENUE, 1",1);'" WASHINGTON. DC 21Hlo6
WARNING: Unlicensed photocopying violates U,S, copyright laws and is subject to legal prosecution,
8141-1987 8
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services
in each phase shall total the following percentages of the total Basic Compensation payable:
(/Ilserf (ulditiuTltll phases as appropriate.)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
F'i fteen
Twenty
Forty
Five
Twenty
percent ( 15 %)
percent ( 20 %)
- percent ( 40 %)
percent ( 5 %)
percent ( 20%)
Total Basic Compensation:
one hundred percent (100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, ;l~ described in Paragraph 3,2, compensation shall be com,
puted ;lS folJows:
N/A
11.3.2 FOR ADDITIONAl. SERVICES OF THE AI{C1IITECT, as described in Anieles 3 and 12, other than (1) Additional PrnjeCl
Ikprl',"ent:llion, as described in Paragraph 3,2, and (2) services included ill Aniclc ]2 as pan of B:!sic Services, hut excluding
Sl'r\'iL'l'S "I' e'lIlsultants, l'<>l1lpens:llion sh:JiI he Cl)l1lputed :IS f,>lh)\\'s:
tll/\I'I"I IJn.\I.' '~ll'f1ml}('II...(/liull. indue/ill}!. roleS tllId/or 11II1IIil'/c," 1~II)irl'('IIJl'r:'I!IIf1t" !;".\l/t'Jf.\"'lf;/' "rilld/Hi/s (lilt! t'1JJjJlfJYl't'.,". (/Jill id('JII~(1' /JrillojJtlls and (/(/ss~(l'
I'III//Iurl't'.'- ~/ !"t'rl/fired. hh'JlI~/1' sfJt,t"Ulc _,"('rl'lc('", Iu II'bic'b f'orliodor 11I.'//lU(/'" 'l C"UJ1l/'C'Il.\"fitj',1J till!".". ~l1J('n'sS{I1:1:)
Principal/Partner.. ... ............ .....$95.00/hour
As s 0 cia t e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6 5 . 00/ h 0 u r
Dr aft i ng. . . . . . . . . . . . . . . . . . . . . . .. ...... $ 27 . 70 /hou r
C] e rica 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $32.6 I /hou r
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering
sen'iees and those provided under Subparagraph 3.4,19 or identified in Article 12 as part of Additional Services, a multiple of
( I. 1 ) times the amounts billed to the Architect for sllch services,
(/dl'J1lij~\' sl'eofic /Yl'cs oj consul/ants '-n Article /2, If required.)
11 .4 REIMBURSABLE EXPENSES
11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph J 0,2, and any other items included in Article 12 as Reimburs:!ble
Expenses,~tiptc:!CoIf d i rec t cost s )N~I!:~5Ol incurred by the Architect, the Architect's
employees and c;onsultants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 IF THE BASIC SERVICES covered by this Agreement have no! been completed within twenty-four
( 24 ) 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 I 1,3,2,
11.5.2 Payments are due and payable t wen t y , (20 ) days from the date of the Architect's invoice,
'~~~~~~xxxxxxxxxxxxxxxxxxx~xxxxxx~~~~x~~~*~i~~~~~~~~~~x~~~~~~~~
iN XOOxab6I!:1XXXRorxod'xl.t:modx~ DtO< ~tsO(~~fc<mlXimcxW)(~ )tbllx~~oc"XOf~~ ~ ~~~~
(/n.\'(>rl rate of interest ClRreed upon)
(Usury lams and requirements under the Federal TnJth il1 Lending Act, similar statl' (uul loCtJI conSlIl11l'T credit laws and u/lJer reglllatiuns at /he Owner's and Arcbi-
teo's principal places of business. the location of tbe Projec/ and elsewhere may affeel tbe l'uliclilY of tbis provision. SpeCific legal (uI,-'ice sbollld be obtained witb
respect to dele/ions or mo(IIfiCQtirHlS, tlnd also reg{Jrding requirements sueb as lcritten disc/osun!s (J~ U'ail.'ers.)
9 8141-1987
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N,W., WASHINGTON, l),c. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution,
11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review
practices of the Architect.
ARTICLE 12 '.-,
OTHER CONDITIONS OR SERVICES
(Insert descriptions of otber services, identify Additional SenJices illcluded witbill Basic Compe1lSalioll a1Ul modifications to tbe paymellt atuJ compeTlSalioll temlS
iTlCluded ill tbis Agreemenl.)
12,1
Architect shall provide Basic Services as outlined in the 0 '
Architect making daily visits to the project site as part of Basic s:~~~~~r~~';~~t t~~~:~~t~tio~h~~~~~ludes
Architect shall comply with the terms and conditions of this Owner-Architect Agreement.
Compensation to the Architect shall be for fj d f
b bl a Ixe ee of $22,275,00 (see Article 11,2), plus the
reim ursa e costs as specified in Article 10,2,
;~~~~~;ra~~~ ~~:'~~~~~~~~:~~~~~~~o~at~sih~o~~c~~~~~t~~:1 ~~~~~~~~~ed and are to be reimbursed per
Time for completion of the study/design phase is 21 days,
12.2
12,3
12.4
12,5
This Agreement entered into as of the clay and year first written above,
Augusta" Geo
by and thr u
Cammi
sta-Richmond
ARC4M~=;ates,
(Signature)
P.C.
C!J
C ] e r k llIla doeUll\enllPlllOV81l as (l ,,_ '-
~'Va~i' U!.t}l
~
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
Nicholas Dickinson, President
(Printed name and Iii/e)
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
8141-1987 10
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject 10 legal prosecution.
SPECIAL STIPULATIONS
2,6,6 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,
3.3.6 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,"
3.4.10 Architect shall provide as a part of the Basic Services estimates of construction costs in sufficient detail
to reasonable advise the Owner of the status of the project in relation to the budget for same.
3.4,16 Architect shall provide as a part of the Basic Services two (2) sets of "Record Drawings" indicating
significant changes to the project.
5.2,5 Add: "subject to the provisions of Article 8,"
10.2,1.1. 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,
10,2.1,5 Architect, as a part of the Basic Services agrees to provide professional liability insurance with limits of
at least Seven Hundred Fifty Thousand ($750,000.00) dollars.
11,5.2 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.
12,6 Long distance phone calls/faxes, and mileage expenses are included in the fee outlined in paragraph
11.2,1,
12,7 Reproductions of six (6) sets of plans and specifications are 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,
12,8 Arbitration is hereby eliminated in its entirety, All claims, disputes and other matters in question
between the Owner and the Architect arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia, The Architect, by executing this
Agreement specifically consents to venue in Richmond County and waives any right to contest the
venue in the Superior Court of Richmond County, Georgia.