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: \~
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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
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made as of the 30th ;-1"--(
Nineteen Hundred and Ninety.-oSeven"
day of, June
in the year of
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BETWEEN the Owner:
Augusta~Richmond County
Municipal Building
Augusta,.,Georgia 30911
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(Name and address)
and the Architect:
(Name and addres:)
Roger W. Davis - Landscape Architect, ~nc..
120 5th Street
Augusta, Georgia 30901
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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.
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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.
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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. '
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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,
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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.
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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-
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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.; (\ _
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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.
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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:
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.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,' -
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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, '
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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,
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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,
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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,
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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,
~.
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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
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WARNING: UnlicEmsedphotocopying violates U,S, copyright laws and is subject to legal prosecution.
M'
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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. .-, ".. .. --_---- -
.
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.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
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,the specific information considered by the Owner to be confi-
dential or proprietary, The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
motional materials for the Project.
ARTICLE 10
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#~ ,..
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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
/
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WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
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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
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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.
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(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
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2.6.5
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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. .. "
/ . . .