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HomeMy WebLinkAboutRoger W. Davis Landscape Architect,Inc. Augusta Richmond GA DOCUMENT NAME: ~c::!{fK W. \U\J\~ "" LDK'd8CC~A'(CX\*et\ \\Ie. DOCUMENT TYPE: OjX' eerY'\ex\-\-- YEAR:'. ~l, \ BOX NUMBER: 03 FILE NUMBER: \ 6c3 \ ~ NUMBEROFPAGES: \~ !"r1r -'.: ;-.\.-,.~'. "0' J " THE ,. ; A 'M" E R I, CAN NSTITUTE - 0 F i ,. ARCH TECTS AlA Document B141 Standard Form' of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS. COMPLETION OR MODIFICATION. AGREEMENT \ .t~,-- ;'.f ;. made as of the 30th ;-1"--( Nineteen Hundred and Ninety.-oSeven" day of, June in the year of .~ . i i ~ t..,. BETWEEN the Owner: Augusta~Richmond County Municipal Building Augusta,.,Georgia 30911 .', (Name and address) and the Architect: (Name and addres:) Roger W. Davis - Landscape Architect, ~nc.. 120 5th Street Augusta, Georgia 30901 \ "J \. For the following Project: (Include delailed description of Projecl, location, address and scope.) Construction plans, specifications,bidding and construc~ion observation for renovations. to.Lake Olmstead Park, ,Broad Street, Augusta, Georgia. As des~gnated by the prelim~nary Phase I development plan and preliminary cost estimate both dated May 5, 1997 as prepared by Roger W. Davis - Lands6ape Architect, Inc. and hereafter attached. , , The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953..1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, @1987 by The American Institute of Architects, 1735 New York Avenue,' N.W" Washington, D,C. 20006, Reproduction of the material herein or substantial quotation of its provisions without written permission 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. AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006 8141-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. .~, - . '". . " "" EOITOR'S NOTE From time to time, the AlA makes minor corrections and clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987edition of B141 were made in Subparagraphs 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subparagraph 2.6.10 , and Paragraph 4.s. See Section C of the Instruction Sheet for a detailed description of these changes. ' ......- 'i., :'1' '" ,,,' f ; 'i-; . ~.' 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 consultan.ts as enumerated in Articles 2 and 3 of th,is,Agreement 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 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 tin'1e 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 reasonable Cause, be exceeded by the Architect or Owner, 1.1.3 The services covered by this' Agreement are subject to the time limitations contained in Subparagraph 1 L5,1. ARTICLE 2 SCOPE OF ARCHI"rECT'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- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC 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 reqliirements with the Owner.' ' " 2.2.2 The Architect shalJ provide a preliminary evaluation of the Owner's program, schedule and cons'truction 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 approachenodesign and construction of the Pr9ject. 2.2.4 Based on the mutually 'agreed-upon : program , schedule,' and construction budger requirements', tl1e, Architect shall '. prepare, for approval by the Owner, Scheinatic Design Docu- ments' consisting of drawings and other documents illustrating the scale and relationship of Project components, ' , . , 2.2.5 The Architect shall submit to the Owner aprelimiI!:jry 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 'oesign Documents and any adjustments authorized by the Owner in the progr;un, sched~le or constructiOn budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and charader,ofthej>roject as to architectural, struc- ',tural, mechanicaJ and electriCaI'systems,' materials and such other elements as may qe appropriate, 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estim:lte of Construction Cost, 2.4 CONSTRUCTION DOCU,MENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjusmients ili the scope or quality of the Project or in' the ,construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requiremeI1ts for the construc- tion of the Project, ' 2.4.2.The Architect shall assist th~ Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and,the form of Agreement between the Owner and Contractor, ' 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- <;~K<;1,p.y.ch.~nges i!:l.requirements or general market conditions, 2'.4:4' The' Architect shall 'assist the Owner in 'connection'with .~I).e Owner's responsibility for filing documents required for . .fthe approval' of governmentalcauthorities 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 latest preliminary estimate of Construction Cost;.shall assist the Owner in obtaining bids or, negotiated proposals and assist in awarding and preparing contracts for construction,) , 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 Tlie Architect's responsibility to provide Basic Services for the Construction Phase'under this Agreement commences v.'ith the ;l\v;lrd of the Contract for Construction and termi, " nates' at the earlier of the issuance to the Ovmer of the final Certificate fOr Payment or 60 days after the date of Substan- tial COhlplet}on of the' Work, ' _ 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set, forth below and in the edition of AlA Document A201, General', Conditions of the Contract for Construction, current as of ,the date of this Agreement, unless otherwise provided'in this Agreement. ' 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified, or ~xtended without, written agreement of the Owner, anci Architect with consent of the Contractor, which consent shall not be unreasonably withheld, '\ . ~ " AlA DOCUMENT 8141 . OWNER,ARCHITECT AGREEMENT. FOuinEl~NTH EDITION ..,AIAI!> . @1987' THE AMERICAN INSTITUTE OF ARCHItECTS, 1735 NEW YO~K AVENUE,N,W" WASHINGTON, D,C. 20006 B141-1987 2 WARNING: Unlicensed photocopying violates l,I.S. copyright lawS and:ls subJect to legal prosecution. " ,:; I , , .''''' 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work, (2) reviewed construction means, meth, and consult with the Owner (I) during construction until final ods, techniques, sequences or procedures, (3) reviewed copies payment to the Contractor is due, and (2) as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to tirrie during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction, The the Contractor's right to payment or (4) ascertained how or for Architect shall have authority to act.on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unlessotherwise on account of the Contract Sum. except as provided modified by written instrument, . .. IA,d')in subparaqraphs 2;6.5 and. 2.6.6. ' ~J 2.6.11 The Arcnitect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriater does not conform to the Contract Documents, Whenever the to the stage of construction or as otherwise agreed 1:>Y the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tionof the ,intent' of the Contract Documents, the Architect will with the progress an,d quality of the Work, c<?mpleted and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that,the Work when completed will be in accor- ments, whether or not such Work is fabricated, installed or dance with the Contract Documents, However, the.Architect completed, However, neitherthis authorityoftheArchitect nor shall not be required tei:make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the, Work. On cise such authority shall give ri~e to a duty or responsibility of the basis of on-site observations as an archhect, the Architect the Architect to the Contractor, Subcontractors, m;lterial and shall keep the Owner informed ,'of the p'rogress and, quality of equipment s)Jppliers, their agents or employees or other per- the Work, and ~halI en~eayor to guard the pwner agait;st sons perforf!1ing porti?ns 0,1' the Work, ' defects and deficiencies in the Work, (More extensive site ' ' representati9n m(1Y be agreed tt? fls an Additional Service; ,as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3,2.) appropriate action upon <;::ontractor's submittals such as Shop Drawings, rroduct Data and Samples, but only for the limited purpose of checking for confoimance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect:s professional judgment to permit adequate review, Review ,of such submittals is not con- ducted for the purpose of determining the accuracy and ,com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents, The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by'the Architect, of construction means, methods, techniques, sequences or procedures, The Architect's approval of ,a' Specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic~ of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance 'criteria required by the Con- tract, Documents: 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for sakty precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. . The Architect shall not be responsible for the Contractor\, schedules or failure to carry out the Work in accor- dance with the Contract Documents, The MCRiteet sRall At'lt have cORtrol over or CHarge of acts or omissions of tHe Contrac- :~ :~:::R::: ;: =:: :ts '~: ~:"e~f ~l1J otHer p@rF,ons I~@rrormiflg portion~ of tl:l~ wO:IL . r 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress, 2.6.8 Except as may otherwise be provided in the Contract Documents or' when direct communications have been spe' cially authorized, the Owner and Contractor shall communicate through the Architect. Communicatiolls by a, nd with the A~C,hi- tect's consultants shall be through the Architect.; (\ _ , ; n~nP~t io . :~..p. 2.6.9 Based on the Architect's ~an~ evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- ~u;,ecM~~entation to the Owner, based on the ArCh,itect's ~,~qrtfJe site as provided in Subparagraph ,2.6.5 and ~ on the data comprising the Contractor's Application for Pay' ment, that, to the best of th~ Architect's knowledge" informa, tion and belief, the Work has progressed to the point indicated and the quality of 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 to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for' Payment shall further constitute a representation that the Contractor is entitlt;d to payment in the anlOunt certi- fied.Ho~ever, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or , , 2.6.13 The Architect shall prepare Change Orders, and Con- struction Change Directives, with supporting documentation ana c1ata if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3,3,3, for the Owner's approval and execution in accordance, with. the Contract Documents, and may authorize minor changes in ,the Work,not involving an adjUStment in the 'contract Sum or an extension of the Contract Time whicl)' are not inconsistent with the intent of the Contract Documents', 2.6.14, The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's revie~,and records written warranties and related documents required by the Contract Documents ,and assem- bled by the Contractor, and shall issuea final Certificate for Pay- ment upon compliance with the requirements of the Contract' Documents. ' 3 8141.1987, AlA DOCUM~NT 8141 . OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION · A1A~ · @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON,'O,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to le'gal prosecution. - t:' , ~ !, ; ~..,~_." 'f 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner: andCont~actor 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 shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in writing ,or in the form of . drawings. When making such interpretation~ind initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith, 2.6.17 The Architect's decisions on matters relating to. aesthe- tic effect shall, be final if consistent with the intent 'expressed in the Contract Documents, 2.6.18, The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or 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 effect as pro- vided in Subparagraph 2,6,17. ~Ritl.1 be subject to urbitration as pro"l(kd iR tAi;, .^ gf@@FR€nt and lR the ~ 'riS' ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included.il,,, in Basic Services unless so identified in Article 12, and they shall ... ~\ be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services, The services described under Paragraphs 3.2 and 3,4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in 'Paragraph 3,3 are required due to circumstanceS beyond the Architect's 'control, the Architect shall notify the Qwner prior to com- mencing such services, If the Owner deems that' such services described under Paragraph 3,3 are not required, the Owner shall give prompt written notice to the Architect, If the Owner, indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services, 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2:1 If ,more extensive representation at the site than is described in Subparagraph 2,6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities, ' 3.2.2 Project Representatives shall be selected, employed and directed by, the Architect, and the Architect s,hall' be comr>en- 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 DocumentB352 <:urre'nt as of the date of this Agreement, unless otherwise agreed, 3.2.3 Through the observations, by such Project Represen- tatives, the Architect shall endeavor to, providefutther protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions'are: . . ~ ,.....- .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- saryby adjustments ip the Owner's program or Proj- ect budget; , ,.2 required by the enactment or revision of codes, laws , or regulations ,subsequent, to th~ preparation of such documents; or .3 due to changes required as a result of the Owner's fail- " ",re- to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5,2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting c1ata, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction, Change Directives: 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation re~ulting therefrom,' - . .,-- 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work, ' 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Cbo tract 1'0, ~onst 'uction, see special stipulations ' " 3.3.7 Providing service I atJa n an extensive number of claims submitted by the Contractor or. others in connection with the Work, ' .~\ ~~Yl '1. " . . . 3:3.8 P'rO\~iding services in connection with a public hearing, arbitration proceeding or legal proceeding except where the;: Architect is party the:reto, ' 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase,see spe?ial stipulations 3.4 OPTIONAL AODITIONAL SERVICES 3.~.1 Providing analyses of the Owner's needs and program- mingthe requirements,of the Project. 3.4.2 Providing financial, feasibility or other special studies, 3.4.3 ,Providing planning surveys, site evaluations or com- parative studies of prospective sites, AlA DOCUMENT 8141. OWNER,ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA'" . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW" WASHINGTON, D,C. 20006 8141-1987 4 WARNING: Unlicensed photocopylng'vlolates U.s. copyright laws and Is subject to legal prosecution. 4.6 The Owner shall furnish tlie'services of geotechnical engF neers v.~h(m' such services are requested by the Architect. Such services may include but arc not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data fu'rnished recommendations, by the Contractor to the Architect, - see special ~ " , stipula tions. 4.6.1 The Owner shall furnish the services, of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services arc reasonably reqUired by the scope systems such as'testing, adjusting and balancing, pr~paration of of the Project and are requested by the Architect. . 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 final 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, 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project,' . 3.4.5 Providing services relative to future faciliti,es, ..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',O""ner,. 3.4.9 ,Providing services in connection with the workof a con, s'truction . manager .or separate consultants ,'retained by the Owner, h 3.4.10 Providing detailed estimates of constr~'on cost. ~ see special stipulations . '"1:.:-- 3.4.11 Providing detailed quantity surveys or I ve tories of material" equipment .andlabor. 3.4.12 Providing analyses of owning"and operating costs: 3.4.13 Providing interior design an<;l other' similar. services required for or in connection ,with the selection, procurement or installation of furniture, furnishings and related equipment, 3.4.14 Providing services for planning tenant or rental spaces, 3.4.15 Making investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities, . 3.4.19 Providing services of consultants for other than archi- tectural" structural. ' mechanical and electrical engineeringPt!por- tions of the Project provided as a part of Basic~ices, ee, cia sti ulatio ,', 3.4.20 Vrovlcrr~ any o~er se~ces not O~rwl e In~de 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 rel:.!tionships, flexi- bility, expandability, special equipment, systems'"and. site requirements, , .~. , . . .' ~" ,- 4.2 The Owner shall establish and update an overall budget for the Proje'ct, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs, 4.3 If requested 1;>y the Archit.ect, the Owner shall furnish e\i- dence that financial arrangements have been made to fulfill tlie Owner's obligations under this Agreement. \ 4.4 The Owner shall' designate a representative authorized to act on the Owner's behilfwith respect to the Project: The Owner or such authorized,representative shall render decisioni 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 ;uj.d utility locations for the site of the Project, and a written legal des,cription of the site, The surveys and legal information shajl include, as applicable, grades and lines; of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, casements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements arid trees; and information concerning available utility serviCes and lines, both public and private, above and below grade,' including inverts ~nd depths, All the information on the survey shaH be re~ere~,ced to a Project benchmark. ' 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and, other laboratory. and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all,legal, accounting and insurance counseling services as'may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used, the money, paid by or on behalf of the Owner. 4.9 The services, information, s!Jrveys and reports required by Paragraphs 4.5 through 4,8 shall be furnished at the Owner's expense, and the Architect shall be entitled t~' rely: upon the accuracy and completeness thereof, ' 4.10 Prompt written notice shall be given by "the Owner to the Architect if the' Owner becomes aware of any.fault or defect in the Project or nonconformance with the Contract Documents, 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at leasH 4 days priono execution, The Owner shan not request certifica- tions that' would require knowledge Or services beyond the , scope of this Agreement, <, 5 8141-1987 'AlA D'OCUMENT 8141 . OWNER,ARCHITECT AGREEMENT. FOURTEEN1-H EDITION. AIA~'. @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE; N,W" WASHINGTON, D,C. 20006 WARNING: Unlicensed' photocopying violates U.S. copyright laws and is ~ubject to legal' prosecution, 1.;;:- -. . . > . , .' ." ARTICLE 5 CONSTRUCTION cost 5; 1 DEFINITION 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 ~ates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided . for'by the Architect, plus a reasonable allow;m~e 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 (or c,hanges in the Wo~k during construction. " 5.1.3 Construction Cost does not include the compensation ,of the Architect and Architect's consultants, the costs,of the land, rights-of-way, financing or other costs which ;are' the respon' sibility of the Owner as provided in Article 4., 5.2 RESPONSIBILITY FOR CONSTRUCTION COST !?;2.1 Evaluati.ons of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the i\rchitect, ~epresent the Architect's best judgment as a design' professional familiar with the constmction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials' or equipment, over the Contractor's 'methods of determining bid prices, or over competitive bidding, market or negotiating' conditions, Accordingly, 'the 'Architect cahnOt and does not warrant or represent that bids or negotiated price's will not' vary from the Owner's Project budget or from any ':, estimate of Constmction Cost or evaluation prepared ot agreed to by. the Architect. , " , 5.2.2 ,No fixed limit of Construction ,Cost shall be established as a condition of this Agreement by the furnishing, propos;i1 or establis.,hment bf a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto, If such a fixed limit.has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable"adjustn1ents in the scope of the Project and to include in .the Contract Docu- , ments alternate bids to adjust the Construction Cost to the fixed limit, Fixed limits, if any, shall be increased in the amount of an increase in the Contract'Sum occurring after execution of the Contract for Constmction, ' ' 5.2;3 If the Bidding or Negotiation Phase has not ~ommenced within ,90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes' in the general level of prices in the construction i~dustry between the, ' date of submission of the Construction Documents to ,.the Owner and, the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- . vided in Subparagraph 5,2.3) is exceeded by the lowest bona fide bid 0; negotiated proposal, th~ Owner shall:' ' .1 give written approval of ,an increase in such 'fixed limit; .2 authorize rebidding or renegotiating of the ProjeCt within a reasonable time; ~ , ~ . .3-- if the projeCt'is'abindoned, termiriate-inaccorrunce 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 c~1arge, ?hall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement, The rilOdification of Contract Documents shall be the limit of the Architect's responsibility aiislngollt of the estabHsl'iment' of;\ ftxeclliiili"t The Architect shall,be entitled to'compensation in accordance with this Agreeme11t.JoLaILs<,:rvices,performed whether or not r 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 documents pre- pared by the Architect for this Project are, instrunlents of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architec't 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 pernl1tted 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 distribu'tion 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 reserv~d rights, " ARTICLE 7 ARBITRATION, ~. cr iI\-1 parties to reement arising out of or relating to this Agree- ment or breach the hall be subject to and decided by arbi- tration'in accordance with nstmction Industry Arbitra- tion Rules 'of the American Arbitratio -r.2' o.ther par this Agreement and with the American Arbitra, tion Association, and for arbitration shall be made within a :reasonable time after t .", dispute or other matter'in question has arisen. In no event s e demand for arbitration be made after the date wheninstitutional or equitable proceedings based on such claim, dispute or ot , , 7.3 tie :trbitrlltio~ lIriaiRg Ol:lt of errellltiAg to tRis .\greefl'leR!' "h.rll it,dutk, by c01,Jolicl.\ti51,,'joinclo or in ilflY other 11.ll1,Rer, llH. lIElEliti01~lIl 1gemofl or eRtit) Rot 1I 13l1ft)' to tfii:> f1~feeffleAt, AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT. FOURTEENTH EDITION. AlA"' . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAYENUE, N,W., WASHINGTON, D,C, 20006 B141-1987 ,6 . , WARNING: UnlicEmsedphotocopying violates U,S, copyright laws and is subject to legal prosecution. M' ~ this ement signed by the Owner, Architect, and any other person or 'ty sought to be joined. Cons<';nt to arbitration involving an a ,. nal person or entity shall not constitute consent to arbitration y claim, dispute or other matter in question not described in th itten consent or with a person or entity not named or described ein. The foregoing agree. ment to arbitrate and other agreemen ,arbitrate with an additional per~on or entity duly consented to the parties to this Agreement shall be specifically enforce~ble in rdance . ~,l,;' . .\~. . , ,i 7A THe aware! reFH:Iefes 18)' the arl3itfator Or arbitFGtor8 sHal.l be final., ood jl:lclgmeflt ma)" be eRtefed 1:lflOR it in aeeOrGliRee with ilpplieablf! lavl in any eourt hll tiRg jl:lfi3dietiofl tAerc:of. ARTICLE 8 TER~INA TION, .SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated byeither party upon not less than seven days' written notice should the other party fail su~stantially 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 consecutiye 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 days' written notice to the Architect in the event that the Project is permanently abandoned, If the Project is abandoned by the Owner for more.than 90 consecutive days, the Architect may terminate this Agreement by,giving written notice, 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperform;mce and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser, vices under this Agreement. Unless payment in full is received \ ' , by the Architect within seven days of the date of the notice, the .. <\', suspension spall take effect without further notice. In the event "\ of a suspension of services, the Architect shall have no liability to,the'Owner' for delay or' damage caused the Owner'because' of such suspension of services, . 8.6 In the event of termination not the fault of the Architect, the Architect shall be .compensated for services performed prior to terminatign, together with Reimbursable Expenses ther). due and all Termination Expenses as defined in Paragraph 8,7, 8. 7--T~~minatio;E~p~n;e~ -~re-i~ -;ddition to ~o~i;~~~at;on for Basic and Additional Services, and include, experlses which are directly attributable to termination, .Termination Expenses shall be computed as a percentage '0"[ the total compensation for Basic Services and Adc!itional Services earned to the time of ter, mination,as follows: '.1 Twenty p'ercent' of the 'tbtar'conlpensation'foj-'Ba.siC ... and Additional,Services,earnedto.date,if termination, , occurs.before or..during.the.predesign"site analysis"or Schematic, Design P.hases;or. .-, ".. .. --_---- - . .-: . , ~ ~ '.' '" '. ... .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if 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 Agreeme'nt shall have the same meaning as those in AlA Document A201, General Conditions of the Con. tract for Construction, current ~ .of the date of this Agreement. . . . 9.3 Causes of action between the parties to this Agreement pertaining to' aqs 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 final Certificate for' Payment for 'acts or failures to act occurring after Substandal 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 t6 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 A20l, General Conditions of the Contract for Construction, current as of the date of this Agreement, The Owner and Architect each shall require similar waivers from their contractors, consultants and agents, 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to ail 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 !:loth 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 tDird 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 B141~1987 AlA DOCUMENTB141 0 OWNER-ARCHITECT AGREEMENT 0 FOURTEENTH EDtTION 0 AlAI!> o@198'7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ...r(' t i, ..,'''' ,the specific information considered by the Owner to be confi- dential or proprietary, The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO'THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their m~datory aI)d customary con. tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar. contributions and benefits, " 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses, 10.2.1.1 Expense of ttansportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secufrzJ- ing'approval of authorities haVingjurisdictio~ver the Projec , see specia 1 stiDulations . I ' . 10.2.1.2 Expense oT reproductions, postage and andling 0 Drawings, 'Specifications and other documents, 10.2.1.3 If authorized in advance by the: Owner, expense of overtime, work requiring higher than regular, rates, 10.2.1.4 Expense of renderings, models and mock-ups requested , by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insllrance, 'requested by the Owner in excess of that normally carried by the 'Architect and Architect's consultants, - see special' stipulations 10.2.1.6 Expense of computer-aided design and drafting equipmeflt time when used in connection with the Project. ,i 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2, 10.3.3 If and to the extent that the time initially established in Subpaf'Jgraph 11.5,1 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 pefcentage of Con- struction Cost arid any portioQs,of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable, to 'the extent services are per- formed on those portions,.in accordance with the schedule set forth in Subparagraph 11.2,2, based on (I) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project, 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses ,shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. ' 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been 'found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Recorcls of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times, , ' ~ ....) ARTICLE 11 . BASIS' OF _COMPENSATION "'il?o#~ ,.. . ;~h', ~ " The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of N / A Dollars ($ shall be 'made upon execution of this Agreement and <;:redited to the Owner's account at final payment. 11.2 BASIC COMPENSATION . , -+~1~. . 11.2.1 FOR BASIC SERVICES, as described in Article' 2"and -any cHher services included in Article 12 as part of Basic Services, Basic Compensation );hall be compu.ted ~ foIlpws: . " ,. __ __." ., ..,., .~., ~_.. ~. ,..+ '. ({rlserl basis of CQIlIpellsatiorl,irlcludirl8,stipulaled sums" multiples or pe/"celllages,. alld idelllifl' pbases 10 I/Ibicb pa/"liCIIla/" lIIelbods of compellsaliorl .apply. if. lIecessary.) " '. . Lump sum fee of $43,680. AlA DOCUMENT 8141 . OWNER.ARCHITECT AGREEMENT' FOURTE'ENTH EDITION' AlA"' . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W" WASHINGTON, D,C, 20006 B141.1987 / 8. WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. \ \, ",'",-; " , ' ..... '.# , ' 11.2.2 Where compensation is 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 Compens<ltion payable:.. (Insert additional phases as appropriate.) Total Basic Compensation: 'percent Q 5 %) , percent ( 2 (){, ) percent14 0 %) percent ( 5 %) , percent 2 0 %) 'one hundred percent (lPO%) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: ,..Construction Phase: 11.3 COMPENSATION FOR ADDITIONALSERVICES-' 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, ~ described iii Paragraph 3,2, compensation shall be com- puted as follows: N/A 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project Representation, as'described in Paragraph 3,2, and (2) services irycluded in Article 12 as part of Basic Services, but excluding services of consulcll1ts, compensation shall be computed as fdHows:' .. (Insert basis of comjJensatioN, including rates and/or multiples of Direct Per.,;onnel E.\1Jense fur Principal....- and employees. and identill' Princ(pals and classi})' employees. II required. Idellll/F ~\peclfic seruices Iv ldJicb particular metbods oj compensatio/l app/J; if necesscuy) . Principal's time at a fixed rate of eighty-five dollars ($85.00,) per hour for the purpose of this agreement, the principal is Roger W. Davis. ; Supervisory time at a fixed rate of sixty-five dollars ($65.'00) per hour for the purpose of this agreement, the supervi~ory personnel is R. Scott Davis. '11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electr\cal engineering services and those provided under Subparagraph 3,4,19 or identified in Article 12 as part of Additional Services, a multiple of . .':'ne point one ( 1 . 1 ) times the amounts billed to the Architect for such services. ' . (Idl!lltify specific types of consultants in Article 12, If r,!quired.) . /I wJ ' . ' 11.4 REIMBURSABLE EXPENSES f./7', ' 11.4.1' FOR REIMBURSABLE EXPENSES, as desCrib~;graPh10,2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of on~ DO in tone,', - (1 . 1,) ) times the expenses incurred by the Architect, the Architect's employees and consultants 111 Che interest of the i-'roject. ' 11.5 ADDITIONAL PROVISIONS 11.5; 1 IF THE BASIC SERVICES covered by this Agreement have not been completed within (12 ) months of the date hereof, through no fault of the Architect, exte~of..~ the Architect's services beyond that time sh~1 be compensated as provided in Subparagraphs 10,3,3 and 11,3,2. -(j.tJ), t.tl]L'" ..,' " , 11.5.2 Payments are due and payable ..-" twenty (20) days from the date of the Architect's invoice. ~~;:~S=~~Aer~rl~~~ 1egal rate pre...ailin~ fr;~ ti~~~S t:~ :~:;~~i=e:: ~~:;~%to~~::: :~:;:~cl :~w, or (Insert rate of interest agreed upon.) ", ' spe<;:aal stlpulat1(~ns. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Archi, teet's principal places of business, the location of the Project and elsewhere may affeclthe validity of this provision, SpecifiC legal advice should he obtained wilh , respect to deleliorlS or modifications, and also regarding requirements such as wrilll!ll disclosures or waivers.) 9 8141-1987 AlA DOCUMENT 8141 oOWNER,ARCHITECT AGREEMENT 0 FOURTEENTH EDITION 0 AIAl!> 0 @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W,. WASHINGTON, D,C. 20006 WARNING: Unlicensed photOCOpying violates U,S, copyright laws and is subject to legal prosecution. ., ~:; ~'. ....... '.;:'.c ,. .' 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 ontER CONDITIONS OR SERVICES (Insert descriptions oJ otber seroices, identify Addiiional Services included witbin Basic OJmpensation and modifications to tbe payment and compensation terms fnduded in tbis Agreement.) , 12.2 Long distance phone calls/faxes, and mileage expenses are ~ A4t.) included in the fee outlined in paragraph 11.2.1. Except O.~'- if in conjunction with a site visit to another project related facility required by the Owner. ' ,'If\ :,~) . KJWy' ~"., d. f 1 d' . f' . (10 sets)\~l d d ' ~ Repro uctlons 0 pans an specl lcatlon~~re lllC u e In Q~.. the' fee out 1 ined in paragraph 11. 2 . 1 . Addi t ional copies, VU'P' if any will be filled in accordance with paragraph 10.2.1.2. 12.1 12.3 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 ~r''''- Architect, by executing this Agreement specifically consents to venue in ~ichmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. This Agreement entered into as of the day and year fIrst written above. ~~cr .... ~li~'~.'. (Sf ture . , ~J) W .0,+Jtr - Ft$$/~JJT. (. 'nted name and title) em 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. 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 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 814.1-1987 10 \ ":'f' ~'i :-t:::n\'.~:' '.' /1 ,i. .'. "-.:,.'\'" .:1"-. .~.. \ ii, ..f.., ."~ ..I :>.... .::,;.~~. .... _. .. - . 1. , : j . \~ , .,\. ..... " :,;'-""I,~---' \~...". : ~.o .:.... -.:" <~.~~ Reprinted 8/93 "-r' ~ ~,(:~. .~ , " .... :.....' ".~ . \, " \~ ~ ",..) \ , (~, " .., \- ..l.~ >'~~I'I \,~~\., ;'~'~:-';,',"~-';::~-.~" .-::-~ .." \. \..\ ., ... . "~.-' ,.2( ,'. .:\~><:,~\ \ '\. t "\ '- .'-...._.f ':~\::;;,. \;"~.~.\ \\ <>':'~';~:" 'y-.\':' ::),>:'\"" '\<*, ::\'.,,\.::,., \ .. :., ...;~~.., _~,j bx:y.~ .,;.l~ ,~S:J..:. 'i/"' I~"\ '.;"r:, 2.6.5 2.6.6 3.3.6 3.4.10 3.4.16 5.2.5 10.2.1.1 10.2.1.5 11. 5 . 2 -. SPECIAL STIPULATIONS~. Add: The Architect will make on-site inspections of the project, not less than at weekly intervals, ai},paJ:..t of the Basic Services during the Construction Phase. ~ Add: The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons performing portions of the work; provided" however, nothing herein shall be construed as relieving the Architect from responsibility or liability for such acts or omissions as would be revealed or discovered in an on-site inspection, as provided herein, per~ormed inac~~~gqnce with the exercise of reasonable and ordlnary care~.v Add: "except as a resu~t of the failure of the Architect to have discovered. same in' an on-site inspection, as provided herein, performed in accordaPf~ with the exercise of reasonable and ordinary care."~ Archi tect shall provide as a part of the Basic Services estimates of construction costs in sufficient detail to reasonably advise the Owner of th~status of the project in relation to the budget for same. ~)? part of the Basic Services two indicating significant changes 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. 'ArchitetSF" shall furnish detailed accounting of all such, expenses .TfUJD Architect, as a part of the~asic Services agrees to provide professi~mal liability. instirqnce wh~I: li~~~Jf at .least Two Hundred FIfty Thousand Dollars ($250,000). ~(). ~' '.' ," 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 eventariy provision of this Agreement isincorisistent with any provision of the pr~m t Pay Act~ the provision of this Agreement shall control. .. " / . . .